Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
he Sixth Circuit determined the BIA erred in finding new evidence was previously available and that the BIA failed to consider hardship ground raised in the Motion to Reopen, instead offering a cursory analysis that didn’t allow for meaningful review. The court remanded the case to properly apply the law. The court also addressed petitioner’s argument that no jurisdiction was vested in the immigration judge, BIA, or court because the Notice to Appear failed to state the time and place of the hearing, holding that jurisdiction was vested and distinguishing the stop-time rule in Pereira.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, NTA, pererira, Stop-Time Rule | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS released information about the Migrant Protection Protocols it has begun implementing at the U.S.-Mexico border, whereby certain foreign nationals entering from Mexico may be returned to wait outside the United States for the duration of their immigration proceedings
Filed under: best deportation attorney | Tagged: deportation proceedings, DHS, Immigration Court, mexican national | Leave a comment »
Posted on January 28, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it will resume premium processing on Monday, January 28, 2019, for all FY2019 H‑1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). The previously announced temporary suspension of premium processing remains in effect for all other categories of H‑1B petitions to which it applied.
Filed under: best deportation attorney | Tagged: cap, cap-gap, g1b, H-1B, Work Visa | Leave a comment »
Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Second Circuit found the BIA erred in applying the clear-error standard of review, instead of de novo, to the immigration judge’s denial of the petitioner’s application for a good-faith marriage waiver. The court also held the petitioner abandoned his abuse of discretion claim on the Motion to Reopen denial because he failed to adequately argue it in his brief.
Filed under: best deportation attorney | Tagged: BIA, board of immigration appeals, bona fide marriage, good faith marriage | 1 Comment »
Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Court Upholds BIA Reversal of IJ Grant of CAT Deferral to Domestic Violence Victim
The First Circuit denied the petition for review and held the BIA correctly found the petitioner was unable to prove that the Dominican government acquiesced in her domestic abuse. Thus, the petitioner failed to meet the CAT definition of “torture” mandated for deferral of removal.
Filed under: best deportation attorney | Tagged: abuse, asylum, CAT, Convention Against Torture, Domestic Violence | Leave a comment »
Posted on January 15, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL posted an update on H‑2B processing, including information on how date and time stamps were assigned and why some users continued to see an outage banner after the iCERT system was restored on January 7, 2019.
Filed under: best deportation attorney | Tagged: department of labor, DOL, H-2B, h2b, Work Permit | Leave a comment »
Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced the transfer of certain Forms I-751, Petition to Remove Conditions on Residence, from the Vermont Service Center to the Texas Service Center.
Filed under: best deportation attorney | Tagged: 751, I-751, i751 | Leave a comment »
Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that, effective immediately, the categorical Commonwealth of the Northern Mariana Islands (CNMI) parole programs are terminated. The notice states that after any parole authorized through these programs expires, USCIS will not renew that parole. Current parolees who have requested an extension of parole from USCIS will be reviewed on a case-by-case basis and if approved, will receive a letter granting an additional 180-days transitional parole.
Filed under: best deportation attorney | Tagged: CNMI, mariana islands, parole, termination of parole | Leave a comment »
Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Department of Labor’s Office of Foreign Labor Certification (OFLC) reminds employers and other interested stakeholders that H-2B Applications for Temporary Employment Certification, Form ETA-9142B, with April 1, 2019, start dates may be filed no earlier than January 1, 2019 at 12:00:00.000 a.m. Eastern Time
Filed under: best deportation attorney | Tagged: eta-9142B, H-2B, h2b, h2b deadline | Leave a comment »
Posted on January 7, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS published a proposed rule earlier this month that would require petitioners planning to file H‑1B cap-subject petitions to register electronically ahead of the annual H-1B lottery
Filed under: best deportation attorney | Tagged: H-1, H-1B, h1b, work lottery, work petition | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 