Another win for the Law Offices of Brian D. Lerner

212(c) granted for client with a petty theft conviction and a possession for sale conviction from the 90s  Client had been an LPR for over 40 years, is married to a USC and has 3 USC children.  She was put into proceedings after applying for Naturalization.

BALCA Upholds Denial for Failure to Specify “Terms and Conditions”

  1. BALCA affirmed the denial of the PERM application, finding that by not including the benefit of free housing in its advertisements and Notice of Filing, the employer offered terms and conditions of employment less favorable than those offered to the alien, violating 20 CFR §656.17(f)(7).


Court Holds Virginia Unauthorized Use of a Motor Vehicle Is Not an Aggravated Felony

The Fourth Circuit granted the petition for review and vacated the removal order, holding that Va. Code § 18.2-102, which criminalizes the unauthorized use of a motor vehicle, is not a categorical aggravated felony because there is a realistic probability that the statute would apply to conduct that falls outside the BIA’s definition of a theft offense.

New York Times: U.S. Judge Says ‘Dreamers’ Can Keep Driver’s Licenses

The New York Times writes that Judge David G. Campbell of Federal District Court issued a permanent injunction overturning Arizona’s ban on issuing driver’s licenses to DACA recipients, citing the “irreparable harm” caused by these young immigrants not being able to have a license under an executive order issued by former Governor Jan Brewer.

New Employment Based Visas and Priority Dates

In the January “check-in,” Charlie Oppenheim, DOS Chief of the Visa Control and Reporting Division, comments on the February 2015 Visa Bulletin and reports that with the possibility of executive action occupying significant USCIS resources later this year, the State Department will likely advance priority dates much earlier in the year than it has previously to ensure that the agencies can exhaust the annual allocation.

Reuters: Hearing on States’ Suit Against Obama Immigration Plan to Begin in U.S. Court

Reuters reports that today, a federal judge in Texas is set to hear arguments in a lawsuit brought by two dozen states that seeks to block President Obama’s executive actions on immigration.

District Court Holds Medical and Health Services Manager Is a Specialty Occupation

  1. The U.S. District Court for the Central District of California found that the petitioners demonstrated that the beneficiary’s proposed position was a Medical and Health Services Manager as described in the Occupational Outlook Handbook, that this role normally requires a bachelor’s degree in a specific field, and that USCIS’s findings to the contrary were unsupported by substantial evidence.



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