An Introduction to my Immigration Law Firm

Los Angeles Immigration Lawyer

As a Los Angeles Immigration Lawyer who is a certified specialist in Immigration and Nationality Law, my firm handles every type of immigration case from deportation cases from all over the United States to visas, interviews, processes, appeals, waivers, DACA, Petitions for Review. It is critical that you get an expert Los Angeles Immigration Lawyer to represent you with your immigration problems.

Specifically, as a Los Angeles Immigration Lawyer, we do business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all areas of immigration, H-1B Specialty Occupation, L-1 Intracompany Transferee, E-2 Treaty Investor, O-1 Extraordinary Ability among others. We also do K-1 Fiancee and K-3 Spouse Visas. We represent people in people in deportation and removal hearings, including political asylum, withholding of removal, and convention against torture cases.

While being a Los Angeles Immigration Lawyer allows people who are local to Los Angeles to come personally into my office, I have clients from all over the United States and in several countries around the world. As a Los Angeles Immigration Lawyer, I can give consultations via Skype and Facebook. In fact, I have and do call people all over the world to let them know how they can legally get into the United States or how to get back to the United States. Therefore, don’t let the fact that I am located in the Los Angeles area and that I am a Los Angeles Immigration Lawyer deter you from calling or emailing my office to get a free 10 minute consultation.

I have been a Los Angeles Immigration Lawyer for nearly 2 decades and have experience on every area of Immigration Law. If you have a difficult case that other Immigration Lawyers do not know what to do I will give a free consultation.

245(i) and how to determine if your under 245(i)

Can I bring in an Orphan to the U.S.?

 

How can I bring in an Orphan to the U.S.?

 

Question: I want to petition an orphan. What must I do?

 

Answer: A USC can petition for an orphan under age 16. In order to be an orphan, both parents must have died, disappeared, or abandoned the child. If there is a sole or surviving parent, he or she must be incapable of providing for the child and irrevocably release the child for emigration or adoption. The child must be under 16 and unmarried at the time the petition is filed on his or her behalf to classify as an immediate relative. The petitioner must be a USC. Natural siblings of the orphan are also eligible to immigrate if adopted abroad while under 18 by the same adoptive parent.

 

Question: Where must I adopt the child and can I adopt the child in the U.S.?

 

Answer: That will depend on what country you want to bring in the child as to whether it is a part of the Hague Convention. It would be necessary to understand some parts of the Hague Convention to answer this. Here are some basic rules:

 

Only USCs—not LPRs—may adopt and immigrate children subject to the Hague rules; The Department of State coordinates with the equivalent “Central Authority” or designee in the child’s home country and this foreign entity is heavily involved in the process; Adoption cannot serve as the basis for the child’s immigration unless they follow certain prescribed steps and sequences; The USC parents are prohibited from contacting the birth parents unless they fall within narrow exceptions; The adopted child must be under 16 when the decree is finalized or the I-800 is filed; there is no exception for children between ages 16 and 18 whose siblings have been adopted while under 16; and the definition of “adoptable” child is broader than orphan and includes those children whose: (1) single birth parent has relinquished control; (2) two living birth parents are incapable of providing care and have released the child for adoption; or (3) unmarried birth father, who can qualify as a “sole parent,” releases the child for adoption after the birth mother has abandoned the child.

 

Question: What countries are Hague Convention Countries?

Answer: Hague Convention rules apply to children who are “habitual residents” of one of the approximately 80 countries that have signed on to the international treaty. Some of the countries that have not ratified the convention include Kazakhstan, Russia, Guatemala, Ethiopia, and South Korea. Some of the ones that have ratified it include China, India, Mexico, and the Philippines.

 

Question: What are the procedures for applying, assuming that the child comes from a Hague Country.

 

Answer: Assuming the Hague rules apply, the following steps must be adhered to in this precise order. First, the prospective adoptive parent(s) obtain(s) an approved home study from an accredited provider, licensed in the state of the adoptive parent(s), and authorized to conduct such studies. The adoptive parent(s) then file(s) Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, with USCIS, along with the home study. USCIS may need to communicate with the designated adoption service provider.

 

After approval of the I-800A and home study, USCIS forwards these to the adoption service provider and the NVC, which in turn forwards to the Central Authority of the designated foreign country. That Central Authority then identifies a child and refers him or her to the prospective parent(s) along with a report on his or her medical and social background. If the family accepts the referral, they file Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, with USCIS. USCIS then provisionally approves the petition and forwards it to the appropriate U.S. Consulate.

 

The consular officer screens the child for admissibility and annotates the visa application with the child’s ability to immigrate following adoption. The officer also transmits the “Article Five Letter” to the Central Authority, which basically affirms that the adoptive parents may proceed with the adoption. The family then completes the adoption or guardianship process and submits the official decree to the consulate, which approves the I-800 and issues the immigrant visa (IH-3 or IH-4).

 

Beginning on September 25, 2008, USCIS expanded its direct mail program to include the forms I-800A and I-800. Applicants must now submit them to the USCIS Chicago Lockbox facility for initial processing using the following address: USCIS, P.O. Box 805695, Chicago, IL 60680-4118. These forms will then be forwarded to the National Benefits Center in Lee’s Summit, MO, which has assumed processing of these petitions.

Why should you hire an Immigration Attorney?

http://www.californiaimmigration.us

Coffee talk with Immigration Attorney Brian D. Lerner, A Professional Corporation on Immigration and Naturalization Law and specifics on how you can find solutions to immigration problems, visas, work-permits, deportation and other areas of immigration law. Find out about why you should hire an immigration attorney and/or deportation attorney who knows what they are doing

. Immigration Lawyer Brian D. Lerner explains this area of immigration law so that it is clear and in normal and plain English. The Law Offices of Brian D. Lerner is happy to give you a free 10 minute consultation at http://www.blerner.checkappointments.com/. Additionally, call us at 562-495-0554 or send a Skype to ‘briandlerner’.

DACA – Dream Act for Deferred Action for Childhood Arrivals for DREAMERS is finally here.

DREAMERS: Deferred Inspection

Orphan Petition

I was raped. Now can I get a visa?

I am a victim of crime. Can I get a Visa?

Question: I was raped years ago. I heard there is some type of visa. Can I get this visa?

Answer: You may be eligible for a U nonimmigrant visa. If You are the victim of qualifying criminal activity. You have to have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.You must have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf. You had to be helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.

Question: Where must the crime have occurred?

Answer: The crime had to occur in the United States or violated U.S. Laws.

Question: Must I have been admissible to the U.S.?

Answer: Yes, You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant. Many more types of Waivers are applicable to a U Visa applicant than with other types of visas.

Question: What types of crimes qualify for the U Visa?

Answer: Qualifying Criminal Activities are: Abduction, Abusive Sexual Content, Blackmail, Domestic Violence,Extortion, False Imprisonment, Female Genital Mutilation, Felonious Assault, Hostage, Incest, Involuntary Servitude, Kidnapping, Manslaughter, Murder, Obstruction of Justice, Peonage, Perjury, Prostitution, Rape, Sexual Assault, Sexual Exploitation, Slave Trade, Torture, Trafficking, Witness Tampering, Unlawful Criminal Restraint and Other Related Crimes.

Even if the particular crime the person was convicted of is not under these items, it is likely that the perpetrator of the crime committed one or more of the above items with you as the victim.

Question: What form is used?

Answer: Form I-918, Petition for U Nonimmigrant Status.

Question: Can I petition for a family member?

Answer: Certain qualifying family members are eligible for a derivative U visa. You may petition on behalf of your spouse, children, parents and unmarried siblings under age 18.

To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Immediate Family Member of U-1 Recipient, at the same time as your application or at a later time.

How can I get the Green Card through employment without waiting years?

How can I get the Green Card through employment without waiting years?

Question: I have a Master’s Degree in Economics and would like to know if there is anyway I can get the Green Card through employment without waiting years.

Answer: There is what is known as the EB-2 category. This is the second employment based preference. It is specifically for persons whom have advanced degrees. In fact, unless you are from China or India, the EB-2 category is current and there is no waiting time. You will save about 5 years of waiting over people with just a B.S. Degree.

Question: What if I have a B.S. Degree and many years of experience? Can I still apply for the EB-2 category?

Answer: If the normal job requires a Master’s Degree and you have at least 5 years of progressive experience in the field, then you can apply for the EB-2 category.

Question: Do I still need an employer to sponsor me?

Answer: Yes. You must still go through the PERM. However, you will go through the Advanced Degree PERM and afterwards the visa number should be current.

Question: What must I do to begin the PERM process?

Answer: The Employer Must Register—Only an employee or owner of the employer entity (not its lawyer or agent) may register to use the Permanent Online System for electronic filing of LC applications (ETA 9089). To register the employer must go to icert.doleta.gov.

Question: Must the employer have an EIN number to file for the PERM?

Answer: Yes, that is required, even if it is a household filing the PERM.

Question: What happens if the employer makes an error on the PERM?

Answer: Errors on the ET 9089 Form could be fatal and the entire application could be denied. Therefore, it is critical that every question be answered and every item be completed or the entire PERM could be denied.

Question: Are there exceptions to having the petition denied if there are errors made?

Answer: If it is considered a harmless error or clerical, it is possible that the entire PERM will not be denied. However, it will be difficult to determine what is clerical and harmless verses what is material.

Question: What if the employer simply does not fill in a question or part of a question?

Answer: Errors of omission can and are fatal to the application, so you want to make sure that nothing is left blank on the ETA-9089.

Question: Must anyone sign the ETA-9089?

Answer: The employer, beneficiary and attorney must all sign the ETA 9089 after it is certified.

Question: Must the employer attest to anything before filing the PERM?

Answer: The employer must attest, under penalty of perjury, to certain matters on the ETA 9089 including that he will pay the prevailing wage, that the position is not vacant due to a labor dispute, that he has sufficient funds to pay the wage and that he will be able to place the beneficiary on the payroll on or before the date he or she enters the U.S.

Question: Are there supporting documents filed with the PERM?

Answer: No. There are no supporting documents filed with the PERM. However, if there is an audit or it is later asked for, then they must be provided.

Follow

Get every new post delivered to your Inbox.

Join 118,396 other followers