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Skilled Los Angeles immigration defense securing CAT protections for clients facing return to torture. #greencard #immigrationlawyer #immigrationlaw #greencards #americanimmigration #asylum #politicalasylum #persecution
Posted on February 18, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Los Angeles immigration defense protecting clients from removal under the Convention Against Torture (CAT) #greencard #immigrationlawyer #immigrationlaw #greencards #americanimmigration #asylum #politicalasylum #persecution
Posted on February 18, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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Can you immigrate to the United States?
Posted on February 17, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?
Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.
Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.
Through various special related visas for religious persons or multinational managers.
As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.
Question: How many immigrants are admitted to the United States every year?
Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.
The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.
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Fourth Preference Petition
Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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An Appeal to the BIA or Board of Immigration.
Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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Fourth Preference Petition
Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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An Appeal to the BIA or Board of Immigration.
Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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Requesting Bond from the District Director
Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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Requesting Bond from the District Director
Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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BCIS, BICE, and BCBP – What does it all mean?
Posted on February 16, 2026 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I am trying to follow the updates since the Immigration and Naturalization Services ceased to exist. However, I am having a very difficult time understanding all the new departments. Can you please explain?
Answer: Yes, on March 1, the INS ceased to exist. All of the agency’s immigration functions were divided and transferred into three bureaus within the Department of Homeland Security. The transition affects everything from bringing in international employees for business meetings, to the processing of pending cases that were sent to the INS, to the work authorization and visa documentation foreign nationals currently hold.
Question: Can you explain what these new departments are within the Department of Homeland Security?
Answer: The three bureaus (the Bureau of Citizenship and Immigration Services (BCIS), the Bureau of Immigration and Customs Enforcement (BICE), and the Bureau of Customs and Border Protection (BCBP)) are now responsible for all the immigration services and enforcement functions. This does not include the Immigration Court.
Question: What does the Bureau of Citizenship and Immigration Services do?
Answer: The Bureau of Citizenship and Immigration Services (BCIS) is responsible for immigration services and benefits including: the adjudication of family- and employment-based petitions; issuance of employment authorization documents; asylum and refugee processing; naturalization; and implementation of special status programs such as Temporary Protected Status. At least during the transition phase, the bureau’s structure and functions will remain fairly similar to the old INS. The former INS District Offices (newly titled local BCIS offices); Application Support Centers (ASC), Service Centers and Asylum offices will remain open and in the same locations for this transition period.
This bureau will continue to process pending applications previously filed with the INS, and will maintain the validity of documentation issued by the former INS, such as: green cards, certificates of citizenship, employment authorization documents, travel and advance parole documents, Form I-94 Arrival and Departure Records, and others.
Question: What does the Bureau of Immigration and Customs Enforcement do?
Answer: The BICE handles the investigative and interior enforcement functions of the former INS, U.S. Customs Service, and the Federal Protective Services. The bureau is responsible for the detention and removal of criminal aliens, dismantling smuggling operations or trafficking of aliens, building partnerships to solve local problems, minimizing immigration benefit and document fraud, and conducting INS raids.
The bureau consists of approximately 14,000 employees, and is headed by an Assistant Secretary, who reports directly to the Undersecretary for Border and Transportation Security.
Question: Finally, what are the functions of the Bureau of Customs and Border Protection?
Answer: The BCBP is responsible for the Border Patrol, immigration investigations, and the inspections process at the borders. Prior to March 1, the ports of entry were supervised by several distinct chains of command and inspections personnel for the U.S. Customs, INS and other federal agencies. As of March 1, BCBP became the sole governmental presence along the border and at the ports of entry. The new bureau fused the old agencies’ chains of command at each port of entry into one common chain and put all inspectors under a single port director. The bureau also put the former INS enforcement personnel at the border in a supervisory position above former INS investigators. This is the first time that the immigration investigations functions are subordinate to enforcement. However, it still remains unclear how this change will affect admissions to the U.S. The bureau consists of 30,000 employees.
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