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F-1 Student Visa: Study full-time in the U.S. with SEVP-approved schools and gain practical training opportunities. #f-1 #studentvisa #opt #immigrationlaw #i20 #americanimmigration
Posted on March 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
F-1 Student Visa: Study full-time in the U.S. with SEVP-approved schools and access practical training opportunities. #f-1 #studentvisa #opt #immigrationlaw #i20 #americanimmigration
Posted on March 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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F-1 Student Visa: Study full-time at accredited U.S. schools while maintaining student status and meeting immigration requirements. #f-1 #studentvisa #opt #immigrationlaw #i20 #americanimmigration
Posted on March 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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What can I do if my husband is beating me?
Posted on March 12, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I married what I thought was a very loving man. However, after I came to the U.S., he started beating me. Now he threatens that if I tell anyone, he will have me deported and not help me with my petition. What can I do?
Answer: Generally, U.S. citizens (USC) and Lawful Permanent Residents (LPRs) file an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. Unfortunately, some U.S. citizens and LPRs misuse their control of this process to abuse their family members, or by threatening to report them to the USCIS. As a result, most battered immigrants are afraid to report the abuse to the police or other authorities.
Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser’s assistance or knowledge, in order to seek safety and independence from the abuser.
Question: Who is Eligible to file this type of petition?
Answer: To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:
1) The Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.
2) The Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.
3) Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent.
Question: What are the Basic Requirements?
Answer: The self-petitioning spouse must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.
You must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.
You must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.
You are required to be a person of good moral character. You must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.
You should not live in this abuse and fear. There is help which you should seek.
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Study in the U.S. with an F-1 Student Visa—pursue academic goals at accredited schools while maintaining full-time student status. #f-1 #studentvisa #opt #immigrationlaw #i20 #americanimmigration
Posted on March 11, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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Is there any law coming to help undocumented workers?
Posted on March 11, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I have heard a lot about upcoming immigration reform and bills to help immigrants obtain jobs. However, I know many people who have been working under the table for a very small wage. Do know what laws may be coming and how they might help immigrants?
Answer: There has been the introduction in the Senate of the first comprehensive immigration reform bill introduced in Congress. Other bills are expected to be introduced shortly. One such proposal is centered on an uncapped temporary worker program intended to “match willing foreign workers with willing U.S. employers when no Americans can be found to fill the job.” The program would grant program participants temporary legal status and authorize working participants to remain in the U.S. for three years, with their participation renewable for an unspecified period. Initially, the program would be open to both undocumented people as well as foreign workers living abroad (with the program restricted to those outside of the U.S. at some future, unspecified date).
American employers would have to make reasonable efforts to find U.S. workers. Under this proposal, participants would be allowed to travel back and forth between their countries of origin and “enjoy the same protections that American workers have with respect to wages and employment rights.” The proposal also includes incentives for people to return to their home countries and calls for increased workplace enforcement as well as an unspecified increase in legal immigration.
Question: Are there any more bills?
Answer: The Immigration Act of 2004 also includes a “Willing Worker” program that revolves around a needed reform of the current H-2B program and the creation of a new H-2C program. The bill reforms the H-2B program as follows: it caps the program at 100,000 for five years, after which the numbers revert to 66,000; admission of H-2B visa holders is limited to nine months in any twelve-month period (with a maximum of 36 months in any 48-month period); and, with some exceptions, it does not allow portability. The new H-2C program is a two-year program
renewable for another two years. It is capped at 250,000 annually, and sunsets five years after regulations are issued. Portability is allowed after three months, with exceptions for earlier transfers allowed under certain circumstances. An attestation is required for both visas, with employers having to meet certain U.S. worker recruitment requirements. Dual intent is allowed in both visas and derivative status is available for both as well.
Thus, if these two reform bills go through, there will be a significant boost to the legal jobs available to people in these situations.
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Simplify U.S. travel with ESTA—quick authorization for Visa Waiver Program visitors. #ESTAimmigrationwaiver #immigrationwaiver #immigrationlawyer #immigrationlawfirm #immigrationlaw #ESTA
Posted on March 11, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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ESTA authorization enables short U.S. visits for approved Visa Waiver Program travelers. #ESTAimmigrationwaiver #immigrationwaiver #immigrationlawyer #immigrationlawfirm #immigrationlaw #ESTA
Posted on March 11, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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Apply for ESTA to travel to the U.S. visa-free for tourism or business under the Visa Waiver Program. #ESTAimmigrationwaiver #immigrationwaiver #immigrationlawyer #immigrationlawfirm #immigrationlaw #ESTA
Posted on March 10, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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No more Work Permits for H-1B’s this year.
Posted on March 10, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I have a college degree in accounting and an employer that wants to sponsor me. I have been told that I qualify for the H-1B, but that there may be a problem with getting the H-1B adjudicated. My application was submitted about one week ago. I better hurry to get the application in to the immigration. How long do I have?
Answer: Unfortunately, you may be too late for this year. The United States Citizenship and Immigration Services (USCIS) have just announced that the H-1B procedures have reached the cap. In other words, the USCIS announced today that it has received enough H-1B petitions to meet this year’s congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.
Question: What does this mean for my application?
Answer: First, the new H-1B’s will start again next October. USCIS has implemented the following procedure for the remainder of FY 2004: 1) USCIS will process all petitions filed for first-time employment received by the end of business on February 17, 2004; 2) USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today; 3) Returned petitions will be accompanied by the filing fee; 4) Petitioners may re-submit their petitions when H-1B visas become available next October; 4) The earliest date a petitioner may file a petition requesting Fiscal Year 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004.
Question: What about my friend who has an H-1B that is about to expire and needs to get his H-1B extended? Is he also subject to the H-1B cap.
Answer: Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to extend the amount of time a current H-1B worker may remain in the United States, change the terms of employment for current H-1B workers, allow current H-1B workers to change employers, allow current H-1B workers to work concurrently in a second H-1B position.
Question: Are there any other exceptions?
Answer: USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.
Question: What about persons who do not fall into those categories, but must file for the H-1B?
Answer: They cannot file now for the H-1B. However, there are other types of status they could try to apply for if they qualify. Such examples would be the O (Extraordinary Ability), or F (Student) change of status. They must be careful to maintain their status or they will not be able to change their status once the H-1B’s begin again next October.
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Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.
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