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Yemen designated for TPS

he Department of Homeland Security (DHS) issued a notice that the Republic of Yemen has been designated for Temporary Protected Status (TPS) for a period of 18 months, effective today through March 3, 2017, due to an ongoing armed conflict within the country. This designation allows eligible Yemeni nationals (and immigrants having no nationality who last habitually resided in Yemen) who have continuously resided in and been continuously physically present in the United States since September 3, 2015, to be granted TPS. The 180-day registration period ends on March 1, 2016.

Ruling against Government for trying not to comply with a FOIA request

The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”

Denial of CATS upheld even with Tattoos

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s application for deferral of removal under the Convention Against Torture (CAT), finding that the evidence did not compel the conclusion that the petitioner established it was more likely than not that he would be perceived as a gang member and tortured in El Salvador due to his decorative, non-gang-related tattoos.

ICE Still detaining people without crimes – against what they stated earlier

A Transactional Records Access Clearing House (TRAC) report finds that detainer use by Immigration and Customs Enforcement (ICE) has declined, with the latest data showing that ICE issued 7,993 detainers in April 2015—30% fewer than in October 2014. However, according to the data, only 32% of individuals on whom detainers were placed during April 2015 had been convicted of a crime, and only 19% had a felony conviction. Fully two-thirds had no criminal conviction of any type, in sharp contrast to ICE’s announced plan to detain only individuals who have been “convicted of specifically enumerated [serious] crimes.

Attorneys and Friends can now pay for fees directly

USCIS announced that it has altered the process for paying the USCIS Immigrant Fee through its electronic immigration system (ELIS). USCIS stated that the revised payment process reduces the amount of information that an immigrant must provide, and permits anyone, including a family member, friend, employer, attorney, or accredited representative, to pay the fee, as long as he or she has the immigrant’s Alien Registration Number (A-Number) and DOS Case ID

Another Win for the Law Offices of Brian D. Lerner

Sued immigration in federal court because client’s adjustment of status application was pending for over 1 year.  Application was approved within 60 days of filing lawsuit.  Client is now a permanent resident and can travel freely to the Philippines to vist family he has not seen in over 20 years.

Another Win for the Law Offices of Brian Lerner

1994 felony forgery conviction reduced to a misdemeanor and expunged despite the DA’s opposition and despite the fact that client had a warrant for his arrest for over 6 years.  Client can now apply for his green card based on his marriage to a U.S. citizen.

Another win for the Law Offices of Brian Lerner

$10,000 bond granted for client whose case was recently denied by the Immigration Judge and who has a 2013 conviction for trafficking 50-100 kilos of cocaine.

Another Win for the Law Offices of Brian D. Lerner

Prosecutorial discretion granted and deportation case administratively closed for client with 10+ years in the United States but no immediate relatives, no documented employment history or tax filings and several vehicle code arrests/convictions.  Client can now remain in the U.S. legally in hope of immigration reform in the future.

Another Win for Law Offices of Brian D. Lerner

Naturalization application approved for permanent resident with 3 DUIs and a drug conviction.