• Hours & Info

    3233 E. Broadway,
    Long Beach, CA 90803
    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.

  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

Have no family in the U.S.? Try immigrating through Employment.

Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: Hello. I have no family in the U.S., but would very much like to immigrate to the U.S. I am educated. Is there any other way?

Answer: Yes, you can be petitioned through employment through what is known as the PERM. There are 3 major steps to obtaining a Green Card through Employer Sponsorship: 1) Labor Certification through the PERM process. 2) I-140 Immigrant Petition for Alien Worker and 3) I-485 Application to Register Permanent Residence.

Question: What are the typical PERM processing times?

Answer: Un-Audited cases take around 2-3 months from filing to certification and audited Cases: 8 months from filing to certification.

Question: Can you give a general overview of the PERM process?

Answer:  PERM is the process for obtaining labor certification, the first step of the green card process for foreign nationals seeking permanent residence through their employment. To obtain an approved PERM Labor Certification, the employer must prove (through newspaper advertising and other recruiting methods) that they were unsuccessful in recruiting a qualified U.S. worker for a certain position. The employer must be prepared to hire the foreign worker on a full-time and permanent basis. There must be a bona fide job opening available to U.S. workers.

Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the worker’s qualifications. In other words, the employer must establish that the job opportunity has been described without the use of unduly restrictive job requirements, unless it can demonstrate that they arise out of business necessity. The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

Question: Must the employer pay a certain amount for the position?

Filed under: best deportation attorney | Tagged: , , , | Leave a comment »

BALCA Overturns Denial, Confirms Employer Need Not Abide by “Most Likely” Standard for Local/Ethnic Ad

Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”

Filed under: best deportation attorney | Tagged: , , | Leave a comment »

Two Nationwide TROs Enjoin the Majority of Trump’s Travel Ban 3.0

Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Yesterday, U.S. District Court Judge Derrick K. Watson in Hawaii blocked the Trump administration from implementing the majority of the latest version of the president’s controversial Travel Ban 3.0, hours before it was due to take effect. Today, Politico reported that U.S. District Court Judge Theodore Chuang in Maryland granted a second nationwide preliminary injunction against the travel ban. As this updated AILA practice alert notes, in light of these rulings, nationals of Iran, Libya, Syria, Yemen, Somalia, and Chad will not be restricted from traveling to the United States. Trump keeps trying to unconstitutionally ban people from other countries and keeps getting struck down by the Courts.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Lawsuit Filed by Passengers Made to Present ID to CBP to Exit Plane

Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Several passengers who were aboard a domestic flight from San Francisco to New York in February 2017 where U.S. Customs and Border Protection (CBP) made all passengers present identification before exiting the plane have filed a lawsuit challenging the government’s action as an illegal search and seizure. According to the plaintiffs, “Two uniformed CBP officers positioned themselves at the doorway of the airplane, forcing passengers to queue inside and delaying their exit as the CBP officers stopped each passenger, took their identification documents, examined them, and only then permitted them to pass.” Again – Trump trying to take constitutional rights away.

Filed under: best deportation attorney | Tagged: , , , | Leave a comment »

Court Says Conviction for Evading Arrest in Texas Is Not Categorically a Crime Involving Moral Turpitude

Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fifth Circuit vacated the BIA’s decision and remanded, holding that the petitioner’s conviction for evading arrest under Texas Penal Code §38.04 was not categorically a crime involving moral turpitude rendering him ineligible for cancellation of removal under INA §240A(b)(1).

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Association of Immigration Judges Asserts that Performance Quotas are a Threat to Due Process

Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The National Association of Immigration Judges (NAIJ) stated that it opposes EOIR’s plan to evaluate immigration judges (IJs) using numerical measures such as performance quotas, stating that “If EOIR is successful in tying case completion quotas to judge performance evaluations, it could be the death knell for judicial independence in the Immigration Courts.” NAIJ also submitted a statement to the Senate Judiciary Committee Oversight Hearing on the DOJ urging Congress to exempt IJs from performance reviews, noting Administrative Law Judges are already exempt because quotas are “antithetical to judicial independence.”  Another attempt by Trump to limit constitutional rights of immigrants

Filed under: best deportation attorney | Tagged: , , , | Leave a comment »

Question: I have won asylum as of about two years ago. Is there anything I need to do?

Posted on October 18, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Answer: If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with a refugee travel document in place of a passport).

Additional rights will become yours with time, such as that to apply for a U.S. green card after one year, and to apply for U.S. citizenship four years after that. Learn more about how to protect and make the best use of your refugee or asylum status here. However, you MUST apply for the Green Card after the one year grant. It is not automatic and will not happen unless you apply.

Question: Can I bring my spouse and children into the U.S. now?

Answer: Once you have been granted asylum, your immediate family members (spouse and children)—whether they are in the U.S. or outside—are entitled to a “derivative” grant of asylum. If your spouse and children were included in your asylum application and are physically present in the U.S., they will automatically receive asylum at the same time as you.
If they are overseas, or were not included in your application, you can file USCIS Form I-730, Refugee/Asylee Relative Petition to obtain asylum for them. Use a separate form for each family member.

For your spouse to be eligible for asylum, the two of you must have been legally married (that is, with a government-issued certificate) before you were granted asylum. For your children to be eligible, they must be unmarried and younger than 21. Thereafter, once you qualify for the Green Card or residency, they will as well.

Filed under: best deportation attorney | Tagged: , , | Leave a comment »

Court Affirms Preliminary Injunction Requiring IJs to Consider a Detainee’s Financial Ability to Pay When Setting a Bond

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

The Ninth Circuit affirmed the district court’s order granting a preliminary injunction in favor of the plaintiffs, a class of noncitizens in removal proceedings who are detained under INA §236(a) in the Central District of California and are unable to afford the amount of bond set by immigration officials. Finding that the plaintiffs were likely to succeed on the merits of their due process claim, the court held that the district court did not abuse its discretion in granting a preliminary injunction requiring immigration officials when making bond determinations to, among other things, consider (1) financial ability to obtain bond and (2) alternative conditions of release.

Filed under: best deportation attorney | Tagged: , , | Leave a comment »

DOL Announces Changes to Its iCERT System for H-2A and H-2B Programs

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

For FY2017, more than 83 percent of H-2A applications and approximately 94 percent of H-2B applications were submitted electronically through the iCERT System with very little system disruption during the peak filing season. In an effort to provide better service and ensure more complete H-2A and H-2B applications are submitted for review, DOL’s Office of Foreign Labor Certification (OFLC) will release new enhancements to the iCERT System on or about October 10, 2017.

Filed under: best deportation attorney | Tagged: , , , , , | Leave a comment »

BIA Remands to Determine If Beneficiary’s Birth Certificate Is Sufficient

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

In a precedent decision issued on September 20, 2017, the BIA held that where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to determine whether the petitioner has submitted sufficient reliable evidence to demonstrate the claimed relationship by a preponderance of the evidence.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

« Previous Page — Next Page »

  • Brian D. Lerner

    Immigration Lawyer

  • Blog Stats

    • 310,581 Visitors

  • Categories

  • Recent Posts