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Looks like DACA is going to END

Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I’m on DACA and my friend is renewing DACA and another friend is going to apply for DACA. I have heard rumors about this. Should I be worried?

Answer: Yes, you should be worried. There have been various leaks from the White House. There have also been rumors that a number of White House officials, including former and current White House Chiefs of Staff Reince Priebus and John Kelly, President Trump’s daughter Ivanka Trump, and Vice President Mike Pence, want the president to strike an ambitious deal with Congress that offers Dreamers protection in exchange for legislation that pays for the border wall, more detention facilities, legal immigration curbs, and the implementation of E-Verify.

This is atrocious that the President of the U.S. would seemingly use the DACA recepients as pawns to get a Wall built. Ironic that he wants to use as leverage a program that allows persons here illegally to stay here on an approved program in exchange for building a Wall supposedly used to keep people out from coming into the U.S.

Question: As of now, what are the requirements for DACA?

Answer: DACA or Dream Act or Dreamers or Deferred Action as it i s called has the following requirements:

To request Consideration of Deferred Action for Childhood Arrivals, you must meet the following DACA requirements: You were under the age of 31 as of June 15, 2012; You entered the United States prior to your 16th birthday and You have resided in the United States since June 15, 2007 and currently are present in the U.S..

Question: What happens if is ended?

Answer: That is unclear. It is unclear if you are already on DACA as to whether you will be able to continue until it terminates or upon the day Trump does not renew it; whether a renewal already in the pipeline will be able to continue; whether a person outside the U.S. on Advance Parole can re-enter the U.S. without a problem and a variety of other factors.

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McClatchy: Trump Aides Plot a Big Immigration Deal—That Breaks a Campaign Promise

Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
McClatchy reports that a number of White House officials, including former and current White House Chiefs of Staff Reince Priebus and John Kelly, President Trump’s daughter Ivanka Trump, and Vice President Mike Pence, want the president to strike an ambitious deal with Congress that offers Dreamers protection in exchange for legislation that pays for the border wall, more detention facilities, legal immigration curbs, and the implementation of E-Verify.

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Court Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony

Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an act the defendant intended, had not materially changed since the U.S. Supreme Court decided Gonzales v. Duenas-Alvarez in 2007

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Court Finds Petitioner Who Voluntary Departed the U.S. Under Threat of Deportation Is Not Eligible for Cancellation of Removal

Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that a failure to satisfy the warning requirements of 8 CFR §240.25 does not preclude a finding of voluntary departure under threat of deportation sufficient to break the 10-year period of continuous presence required to be eligible for cancellation of removal. The court thus found that the petitioner was not eligible for cancellation of removal under INA §240A(b), because he voluntary departed the United States under a threat of deportation in March 2001, thus breaking his continuous presence in the country.

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United States to Sanction Four Countries for Refusing Deportations

Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

CNN reports that the Trump administration will impose visa sanctions on four countries that refuse to take back foreign nationals deemed to be in the United States illegally, DHS spokesman Dave Lapan said. The four countries—Cambodia, Eritrea, Guinea, and Sierra Leone—come from a running list of countries the United States designates as “recalcitrant” for not accepting, or delaying, repatriation of their own citizens after the United States has tried to deport them. Citizens of the four countries identified by the administration will face visa restrictions that could prevent them from entering the United States.

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Watch out for Notarios

Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Many immigrants seeking to gain the legal status to remain in Untied States are being victimized by notarios, individuals who represent themselves as qualified to offer legal advice or services concerning immigration but in fact have no such qualification. This ruse can result in severe implications for immigrants, such as financial difficulty, the separation of families, and even deportation. T

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Looks like very distinct possibility DACA will end.

Posted on August 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

On August 24, 2017, news outlets—including Axios and the Washington Post—reported that the Trump administration is considering ending the DACA program. Some information indicated that an announcement could be imminent. However, today, Elise Foley of The Huffington Post tweeted that a DHS spokesman said no decision would come today. AILA will continue to monitor the situation, and post updates as we receive them. AILA has issued statements calling for Trump to keep DACA in place and for Congress to pass the DREAM Act.

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Want an E-2? Here are some issues? Want an E-2 Visa? Look at these issues

Posted on August 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I want to open up my own company. Can you you let me know some specifics. For example, I have a friend from Iran. Can he get an E1 or E2? As for E-2’s, Iranians can apply for E-2’s anywhere.

Question: Are there any restrictions where the money comes from for the investment?

Answer: Normally, not. However, keep in mind that there are two\ Russian Banks under US Sanctions. Thus, \make sure money does not come from these banks.

Question: What percentage of ownership do I need to have in the company?

Answer: Make sure there is at least a 50% ownership by treaty countries. It is even better if there is a 51% ownership.

Question: What if I renounce my nationality?

Answer: If the principal owner renounces nationality, then the E-2 is gone.

Question: What is there is a merger or acquisition?

Answer: Sometimes merges and acquisitions changes the 50% ownership. If this is the case, then there will no longer be E-2 qualification.

Question: What about employees I need from my home country?

Answer: For employees coming over, you need to still  make sure that the main investor gets an E2.  The E-2 specialized knowledge employee will differ with the particular Consulate. Some require 2 years actual experience. The consular officer might say that he or she will give just 2 years and that an American is needed afterwards.

Question: What about my spouse and children in my home country?

Answer: An E-2 change of status for you which is approved, will NOT allow E-2 derivatives to get a  visa at the consulate. Rather, you need to consulate process with your E-2.

Question: How long will I get?

Answer: E-2’s always are now given for 2 years in US., even if the  visa is issued for 5 years. However, you can go out 1 week before expiration of visa, and come back with 2 year stamp.

Question: Will the amount of the investment differ?

E-2 Definition

E-2 Attorney

E-2 application

How long does it take to get an investment visa?

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Want an E-2? Here are some issues? Want an E-2 Visa? Look at these issues.

Posted on August 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I want to open up my own company. Can you you let me know some specifics. For example, I have a friend from Iran. Can he get an E1 or E2? As for E-2’s, Iranians can apply for E-2’s anywhere.

Question: Are there any restrictions where the money comes from for the investment?

Answer: Normally, not. However, keep in mind that there are two\ Russian Banks under US Sanctions. Thus, \make sure money does not come from these banks.

Question: What percentage of ownership do I need to have in the company?

Answer: Make sure there is at least a 50% ownership by treaty countries. It is even better if there is a 51% ownership.

Question: What if I renounce my nationality?

Answer: If the principal owner renounces nationality, then the E-2 is gone.

Question: What is there is a merger or acquisition?

Answer: Sometimes merges and acquisitions changes the 50% ownership. If this is the case, then there will no longer be E-2 qualification.

Question: What about employees I need from my home country?

Answer: For employees coming over, you need to still  make sure that the main investor gets an E2.  The E-2 specialized knowledge employee will differ with the particular Consulate. Some require 2 years actual experience. The consular officer might say that he or she will give just 2 years and that an American is needed afterwards.

Question: What about my spouse and children in my home country?

Answer: An E-2 change of status for you which is approved, will NOT allow E-2 derivatives to get a  visa at the consulate. Rather, you need to consulate process with your E-2.

Question: How long will I get?

Answer: E-2’s always are now given for 2 years in US., even if the  visa is issued for 5 years. However, you can go out 1 week before expiration of visa, and come back with 2 year stamp.

Question: Will the amount of the investment differ?

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California Crops Rot as Immigration Crackdown Creates Farmworker Shortage

Posted on August 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Fortune reports that a shortage of migrant workers is resulting in lost crops in California, triggering losses of more than $13 million in two California counties alone. Farmers say they’re having trouble hiring enough people to work during harvest season, causing some crops to rot before they can be picked. The ongoing battle about U.S. immigration policies is blamed for the shortage. The vast majority of California’s farm workers are foreign born, with many coming from Mexico through the acquisition of an H-2A visa. However, recent research indicates that more Mexican nationals are exiting the United States than entering.

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