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Another win for the Law Offices of Brian D. Lerner

Client was placed in removal proceedings as a result of various convictions and those proceedings were eventually administratively closed (when she married a U.S. citizen and her I-130 was approved) so that she could apply for a provisional unlawful presence waiver (I-601A).  When Client’s I-601A was approved, her case was recalendared and she was granted voluntary departure, and after post-conviction relief for a theft conviction and various follow ups with the consulate, her visa was granted and she is now safely back in the United States with her husband and children.

Another Win for the Law Offices of Brian D. Lerner

E-2 granted for Client, her husband and children, based on investment in the United States in an entertainment concert staging and equipment services company.

Another win for the Law Offices of Brian D. Lerner

After Client’s motion to vacate (PC § 1473.7) his 1994 felony conviction for sale of marijuana was granted, the POST WEDNESDAYImmigration Court in San Diego, CA granted Client’s motion to reopen and terminated his deportation proceedings, returning Client to his pre-deportation status as lawful permanent resident.  Shortly thereafter, Client returned to the United States as a permanent resident for the first time in 25+ years.  

Another Win for the Law Offices of Brian D. Lerner

Adjustment approved with various issues of inadmissibility

Another win for Law Offices of Brian D. Lerner

After nearly 6 years, Client’s application for adjustment of status (AOS) as the battered spouse of a U.S. citizen was approved by USCIS.  Client’s initial I-360 was approved by USCIS but at the adjustment stage was revoked and his application for adjustment of status was denied.  He then filed a second I-360 which was again approved and he again filed for AOS.  His second application was pending for over 2 years and after several Requests for Evidence his application was approved and he is now a lawful permanent resident.

U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

U.S. District Judge Jon Tigar issued an order enjoining the government from taking any action continuing to implement the July 16, 2019, DHS and DOJ joint interim final rule, entitled Asylum Eligibility and Procedural Modifications, and requiring the government to return to its pre-rule practices for processing asylum applications, pending final judgment or further order of the court.

U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019.
This final rule makes the following major revisions to the EB-5 program:
Increases the required minimum investment amounts;
Revises the standards for certain targeted employment area (TEA) designations;
Grants DHS authority to designate high unemployment TEAs;
Clarifies USCIS procedures for the removal of conditions on permanent residence; and
Provides priority date retention to certain EB-5 investors

U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

USCIS Publishes Final Regulation Making Significant Changes to the EB-5 Immigrant Investor Program

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019.
This final rule makes the following major revisions to the EB-5 program:
Increases the required minimum investment amounts;
Revises the standards for certain targeted employment area (TEA) designations;
Grants DHS authority to designate high unemployment TEAs;
Clarifies USCIS procedures for the removal of conditions on permanent residence; and
Provides priority date retention to certain EB-5 investors.

H‑2B Petitioners Must Include Temporary Labor Certification Final Determination with USCIS Form I‑129

USCIS announced that employers whose H‑2B application was processed in FLAG must include a printed copy of the electronic one-page “final determination” of their H‑2B temporary labor certification approval when submitting Form I‑129, Petition for a Nonimmigrant Worker. Employers must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number provided in Part 5, Item 2 of Form