Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.
Filed under: Immigration Attorney | Tagged: crime, criminal detention, ice detention | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.
Filed under: Immigration Attorney | Tagged: amended h-1b petition, H-1B, h1b | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue to accept previous editions of the form, USCIS indicates that H-4 applicants should use the revised form to prevent delays or RFEs. On Sunday, a federal district court denied a motion for a preliminary injunction to stop DHS from implementing the H-4 final rule.
Filed under: Immigration Attorney | Tagged: H-1B, H-4, h-4 work authorization, h1b | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Chicago Reporter states that of the nearly 1,500 cases of women with children seen in the Chicago Immigration Court this past year, less than 14% were represented by a lawyer, a figure that is less than half the national rate.
Filed under: Immigration Attorney | Tagged: Immigration Attorney, Immigration Lawyer, representation in immigration court | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NBC News reports that over 30 rallies, marches, and events are taking place across the country today as part of a national day of action to push for the implementation of DAPA. Had the program not been temporarily enjoined, undocumented parents of U.S. citizens or LPRs could have begun applying for temporary deportation relief and work authorization
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Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Matter of A-R-C-G- is a great BIA case that shows that women who are victims of domestic violence outside the U.S. have a chance to escape their persecution by coming to the U.S. and applying for asylum based on persecution of a particular social group.
Filed under: Immigration Attorney | Tagged: asylum, beating, Domestic Violence, Particular Social Group, Social Group, VAWA | 2 Comments »
Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
EOIR issued an interim rule with a request for comments amending the DOJ regulations relating to the Board of Immigration Appeals (BIA) by adding two Board member positions, expanding the BIA to 17 members. This rule is effective today. Comments must be submitted by August 3, 2015.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, EOIR | Leave a comment »
Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Several of the women being held in family detention in Karnes City, Texas, are pregnant. According to the article, the women stated that they learned about their pregnancies after being given a urine test soon after admission, and one of the women stated that she had not received any off-site medical care for her pregnancy.
Filed under: Immigration Attorney | Tagged: asylum, detenion, detention facility | Leave a comment »
Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit reversed the district court, holding that a judge’s statement at a guilty plea proceeding that deportation is “likely” does not foreclose a noncitizen defendant’s ability to demonstrate prejudice as a result of counsel’s failure to provide Padilla-required advice about the immigration consequences of the plea.
Filed under: Immigration Attorney | Tagged: criminal relief, immigration consequences, padilla, Padilla v. Kentucky Amicus Brief | Leave a comment »
Posted on June 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that had been identified on approved petitions.
Filed under: Immigration Attorney | Tagged: H-2B, h2b, temporary work permit | 2 Comments »
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