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Trump Signs Two Executive Actions on Immigration

Today, President Trump issued the first in a series of Executive Orders on border security and immigration enforcement. Among other items, the President announced that he would order DHS to construct a southern border wall, increase the size of the enforcement agencies, and require that states and localities engage in immigration enforcement to supplement federal efforts.

Cuban Wet-foot- Dry-foot policy Ended

The immigration policy regarding Cuba has ended.

This means that if the Cuban reaches the U.S. that they will no longer just be allowed to stay and that they could be expeditely removed.

They cannot just stay here and then apply for residency a year later. This is because the immigration policies between the countries are becoming better and the need to migrate through dangerous waters will no longer be needed.

The Cuban family reunification still exists though.

New case out on Perjury

(1) The generic definition of “perjury” in section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012), requires that an offender make a material false statement knowingly or willfully while under oath or affirmation where an oath is authorized or required by law.
(2) The crime of perjury in violation of section 118(a) California Penal Code is categorically an offense relating to perjury under section 101(a)(43)(S) of the Act.

perjury

New Fees Now Here

New Fees went into effect on December 23, 2016. You should use the new forms as well.

NY ST Dept of Transp on National Interest Waivers VACATED

Today the Secretary of the Department of Homeland Security, Jeh Jonson, has designated as precedential the USCIS Administrative Appeals Office’s (AAO) decision in Matter of Dhanasar.  This precedent decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998). The case can be found in the Virtual Law Library of the Department of Justice’s Executive Office for Immigration Review.

This precedent decision means that USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a labor certification.

The Secretary of DHS may, with the Attorney General’s approval, designate AAO or other DHS decisions to serve as precedents in all future proceedings involving the same issue or issues. Precedent decisions are binding on DHS employees except as modified or overruled by later precedent decisions, statutory changes, or regulatory changes. AAO precedent decisions may announce new legal interpretations or agency policy, or they may reinforce existing law and policy by demonstrating how it applies to a unique set of facts.

BALCA overturns Denial main

Applying the reasoning from Matter of A Cut Above Ceramic Tile, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an employer is not required to retain or provide proof of publication of its State Workforce Agency (SWA) job order which can be sufficiently documented by listing the start and end dates of the job order on the ETA Form 9089.

Labor certification

Board of alien labor certification appeals

PERM labor certification application

PERM process

Labor certification appeal granted

If your in deportation, get a deportation attorney

 

A deportation lawyer, Brian D. Lerner, explains how just being deportable in the U.S. does not mean you cannot win your case. First, the deportation attorney explains there are two forms of Cancellation of Removal. Of course, you must be in Removal Proceedings to apply for Cancellation of Removal and cannot apply outside of Removal Proceedings. Deportation Lawyers generally state that many times  clients come into their offices claiming they have been here for  over 10 years and they want the deportation attorney to get their Green Card for them. However, it is not that easy as most deportation lawyers will know. These people have the misunderstanding that they only need to be here 10 years and magically they will qualify for the  Green Card. The deportation attorney also states that many times people who already have their Green Cards (or Lawful Permanent Residency), that they cannot be kicked out of the U.S. or deported. That is not further from the truth explains deportation lawyers. In fact there are multiple grounds of inadmissibility explains the deportation attorney . Brian D. Lerner, deportation lawyer further explains that by having the Green Card, you still fall under multiple provisions of the Immigration and Nationality act and you can absolutely be removed from the United States and deported with your status and Green Card taken away from you.

 

Additionally, deportation attorneys gets many clients that say they committed a crime, but they served their time and therefore is it not double jeopardy and/or a violation of their constitutional rights to be put into deportation / removal proceedings for the same crime. Brian D. Lerner, deportation lawyer states unequivocally that it is not a violation of your due process rights and it is not double jeopardy to be deported or put into immigration court for that same crime. Deportation lawyers explains that it is the criminal law that controls when you get or do the crime. However, U.S. immigration law controls once you are released from prison or once you have plead and have the conviction explains deportation attorneys. Therefore, the deportation attorney  explains that you might have had your Green Card for 10-15 years and have committed a crime which lands you in deportation proceedings. You can then be deported back to your country for that crime.

 

Thus, the Law Offices of Brian D. Lerner, deportation attorney explains how it is possible to beat the deportation and keep your Green Card. There is what is known as Cancellation of Removal for Lawful Permanent Residents. If you have your Green Card and commit or have committed a crime, then you might fall under the provisions of Cancellation of Removal for Lawful Permanent Residents. What are the requirements inquires the deportation lawyer? The deportation attorney , Brian D. Lerner, explains that first you need to have the Green Card for about 7 years. Next, you must not have committed an aggravated felony and finally it is within the discretion of the Immigration Judge whether to grant or not grant this petition.

 

Watch a video of Brian D. Lerner, deportation lawyer explaining how to win a Cancellation of Removal Case

 

The second issue is of notable concern. The deportation attorney explains that there are many types of crimes that fall under the ambit of being an aggravated felony. In fact, if you are about to plead guilty to a particular crime, you might very well want to visit a deportation attorney to get a criminal evaluation to work with the criminal attorney to plead to something that might minimize your immigration consequences and/or make it so you are not an aggravated felon. Brian D. Lerner, deportation attorney, will then argue how the crime is not an aggravated felony and then proceed to prepare what is necessary to represent you in your removal proceeding. Remember, this form of Cancellation of Removal is only for persons who have their Green Cards, not those here illegally.  Thus, deportation lawyers explains that it is a matter of preparing a very detailed and generally large petition for Cancellation of Removal for Lawful Permanent Residents. This will include all kinds of hardship, equities, declarations, exhibits and other matters to show why the Immigration Judge should grant the Cancellation of Removal. The deportation attorney los Angeles explains how if the Cancellation of Removal for Lawful Permanent Residents is granted, then you will retain and keep your Green Card. It is basically like a get out of jail free card from the Monopoly game.

 

Brian D. Lerner, deportation lawyer goes on to state that at the trial, he will call witnesses and sometimes get expert testimony on different areas of the case. Brian Lerner, deportation attorney  will then also get a psychological hardship report for the different family members. Sometimes, deportation attorneys will get evidence to show rehabilitation, volunteer work, family ties and other equities so the Immigration will agree to give the person their Green Cards and to be able to stay in the United States.

 

Thus, while people may think the moment they get into deportation proceedings is the end of the road, it is not. Deportation attorneys show how experience and putting together a good case can get somebody to stay in the U.S. even after being ordered removable, after committing a crime and after serving time. It is the view of Brian D. Lerner, deportation attorney, to vigorously represent his clients. He believes that the criminal client already served their time and understands that many people do ‘dumb’ things when they were young. Also, many people are in the wrong place at the wrong time and afraid to fight the legal system or simply don’t have the money to defend. Deportation lawyers makes clear that many clients have been in the U.S. for many years and have families and nothing back in their home countries. Brian D. Lerner, deportation lawyer, explains that it would tear the family apart, hurt the children, make a past mistake ruin the current life. Therefore, it is critical that you not give up. Fight your case and get a good deportation Attorney.

2008 order of deportation reopened for Client who did not receive notice of his hearing.

Abstenia deportation

Best deportation lawyer

Find a good deportation attorney

Winning a deportation

E-Verify “Self Check”

DHS remarks by Secretary Janet Napolitano on the overall state of our homeland security, including major initiatives involving border security and immigration in the coming year, such as strengthening the legal immigration system, and rolling out E-Verify “Self Check.”

E- Verify

E-Verify employee rights

E- Verify program

Federal Contractors required to Use E-Verify 

 

 

The Deportation Appeals process

The Deportation Appeals process

Abstenia deportation

Best deportation attorney

Deportation process

How to win a deportation