According Chevron deference to the BIA’s decision, the Fifth Circuit held that the BIA did not err in denying the petitioner’s motion to reconsider her motion to reopen and found that the petitioner had waived her ineffective assistance of counsel claim by failing to brief the issue on appeal.
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The New York Times reports that President Trump’s laundry list of immigration demands threw a wrench into the fraught negotiations over finding a legislative solution to provide permanent protection for Dreamers. But if the Washington deal-making drags on too long, it could be disrupted by a different force: a federal judge in Brooklyn. Having found himself in a position to guide DACA’s fate because two linked lawsuits have landed in his courtroom, Judge Nicholas G. Garaufis has sternly warned policymakers that should they prove unable to repair the DACA program, he might have to step in.
Filed under: best deportation attorney | Tagged: DACA, deferred action, DREAM Act | Leave a comment »
On October 12, 2017, USCIS changed the direct filing addresses for petitioners of Form I-129, Petition for Nonimmigrant Worker. Petitioners must now file Form I-129 according to the state where the company or organization’s primary office is located. In addition, petitioners located in Florida, Georgia, North Carolina, and Texas must now file Form I-129 at the California Service Center. As of November 11, 2017, USCIS may reject forms filed at wrong service centers.
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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.
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.
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Filed under: best deportation attorney | Tagged: Appeal, asylum, BIA, China, persecution, religious persecution | Leave a comment »
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Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 