BIA just ruled that Criminally negligent homicide in violation of section 125.10 of the New York Penal Law is categorically not a crime involving moral turpitude, because it does not require that a perpetrator have a sufficiently culpable mental state.
Filed under: best deportation attorney | Tagged: BIA, board immigration appeals, criminal alien | Leave a comment »
Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?
Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.
Question: How do you know that an accountant is a specialty occupation?
Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.
Question: What type of company must sponsor me?
Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.
Filed under: best deportation attorney | Tagged: H-1B, h1b, specialty occupation visa | Leave a comment »
The Associated Press reports that a federal lawsuit filed Wednesday claims the U.S. government’s growing practice of searching laptops and cellphones at the border is unconstitutional because electronic devices now carry troves of private personal and business information. The Fourth Amendment of the Constitution prohibits unreasonable searches and seizures, and requires law enforcement to secure warrants based on probable cause. Courts, however, have made an exception for searches at U.S. ports of entry and airports, ruling that the government can conduct warrantless border searches to enforce immigration and customs laws and protect national security.
Filed under: best deportation attorney | Tagged: fourth amendment, illegal searches, laptops, phone, search and seizure, search at border | Leave a comment »
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
BIA rules on expert testimony and factual findings
BIA remands case back to USCIS
Filed under: BIA | Tagged: #bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Fraud, Immigration, Immigration Attorney, Immigration Lawyer, inadmissibility, material representation, misrepresentation, Motion to Reopen with the BIA, scienter | Leave a comment »
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, Fraud, inadmissibility, material representation, misrepresentation, scienter | Leave a comment »
Thus, as Trump will see, you cannot just kick everybody out of the country. The US gives rights to people.
Filed under: best deportation attorney | Tagged: Deportation, Removal Proceedings, trump | Leave a comment »
Filed under: best deportation attorney | Tagged: Appeal, asylum, BIA, China, persecution, religious persecution | Leave a comment »
You should start thinking about preparing and getting ready the H-1B you might qualify for in order to try to be in this years allotment of H-1B’s.
Filed under: best deportation attorney | Tagged: cap-gap, H-1, H-1B, h1b, specialty occupation visa | 1 Comment »
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 