Immigration Attorney | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Rich Mexican Citizen denied Withholding

Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Sixth Circuit denied the petition for review of the application for withholding of removal, holding that the Mexican petitioner’s proposed social group—”persons who are perceived to have money or access to money due to having spent a significant amount of time in and having familial ties to the United States”—was not cognizable under the INA.

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Both Chambers pass Spending Bill

Posted on March 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Both chambers of Congress have passed the omnibus appropriations bill for FY2016, funding the government through September 30, 2016. The House passed the bill by a vote of 316 to 113, and the Senate followed suit, approving the bill by a vote of 65 to 33

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https://californiaimmigration.us/h-1bs-2/

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Court Finds Government Met Its Burden of Proving Petitioner’s Alienage

Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Sometimes fighting in Court as to whether you are a U.S. Citizen is not nearly as easy as it might seem.

The Ninth Circuit denied the petition for review, finding that the government satisfied its burden to rebut the petitioner’s claim of citizenship by “clear, unequivocal, and convincing” evidence. In a divided decision, the en banc court affirmed the district court’s determination that the petitioner is not a United States citizen, and is thus deportable.

Filed under: Immigration Attorney | Tagged: Citizenship, Derivative Citizenship | Leave a comment »

High Tech Biometric Testing at Otay Mesa

Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

CBP announced that it will begin testing new biometric technology at the Otay Mesa pedestrian crossing. The project will be deployed in two phases. Starting today, certain non-U.S. citizens entering the United States in the pedestrian lanes will utilize new kiosks equipped with biometric capture technology to provide a facial photograph and iris images. The second phase of testing will begin in February 2016, with everyone departing the United States providing biographic data similar to the information provided when departing by air. Certain non-U.S. citizens will also provide their biometrics upon departure during this phase. The testing will run through June 2016.

DHS advance

Petition for a nonimmigrant worker

Nonimmigrant worker programs

Getting a nonimmigrant waiver approved

Filed under: Immigration Attorney | Tagged: biometric testing, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, non-immigrant, otay mesa, port of entry | Leave a comment »

Portability Provisions cannot be used if original I-140 not valid

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Eighth Circuit affirmed the district court’s dismissal, holding that the court lacked jurisdiction to consider whether USCIS failed to comply with disclosure requirements under 8 CFR §103.2(b)(16) when it revoked the plaintiff-beneficiary’s I-140 petition. The court also held that the plaintiff could not port his I-140 to subsequent employers, because the I-140 was not valid to begin with, as USCIS found numerous deficiencies in the petition submitted by the original employer. The court thus found that the plaintiff was not statutorily eligible to adjust status.

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https://californiaimmigration.us/uscis-memo-amends-adjudicator%e2%80%99s-field-manual-on-general-form-i-140-issues/

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