Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its holding with that of nine circuit courts who have held that the plain language of §212(h) precludes immigrants from establishing eligibility for relief only if they lawfully entered the U.S. as permanent residents and thereafter committed a removable offense for which a waiver is required.
Filed under: Immigration Attorney | Tagged: 212(h), 212(h) waiver, Adjustment of Status, BIA, board of immigration appeals, waiver, waiver of inadmissibility | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Salt Lake Tribune reports that USCIS Director León Rodríguez called on Congress to make the immigration system more just at a convention of the Catholic Legal Immigration Network yesterday. “The immigration system that we are working off of … was mostly built back in the 1960s, meaning that it is an obsolete and archaic scheme that does not reflect our economy, does not reflect our demographics, and does not reflect—above all—our values,” Director Rodríguez said. “Real justice will come when we have reform … that gives us a path to citizenship [for undocumented immigrants].”
Filed under: Immigration Attorney | Tagged: Immigration, Immigration Reform | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have “original” signatures, BALCA upheld the denial of three labor certifications in a decision issued yesterday, rejecting the argument that the typewritten name constituted an electronic signature.
Filed under: Immigration Attorney | Tagged: board of alien laber certification appeals, Board of Alien Labor Certification Appeals (BALCA), immigration appeal, Labor Certification, PERM, posting requirement | Leave a comment »
Posted on May 8, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An alien who has voted in an election involving candidates for Federal office in violation of 18 U.S.C. § 611(a) (2012) is removable under section 237(a)(6)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(6)(A) (2012), regardless of whether the alien knew that he or she was committing an unlawful act by voting.
Filed under: Immigration Attorney | Tagged: deportation because of voting, unlawful voting, voting | Leave a comment »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a status update on its border security efforts, DHS indicated that the number of total apprehensions along the southwest border during the first six months of FY2015 was 151,805, which is down nearly 60,000 (or 28%) compared to the same period in FY2014. Additionally, total apprehensions along the southwest border—comprised of apprehensions of unaccompanied children, family units, and single adults—for FY2015 are at their lowest point in the past four fiscal years.
Filed under: Immigration Attorney | Tagged: apprehension at the border, border patrol, deportations, DHS | Leave a comment »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS posted a reminder that beginning May 18, 2015, USCIS will accept only the new Form G-28 with an edition date of March 4, 2015, and will stop accepting the earlier version of the form. If a filing is submitted with an old version of the G-28 on or after May 18, USCIS will not accept the G-28 but will accept the application (if it meets the criteria) and send all notices and secure documents to the applicant.
Filed under: Immigration Attorney | Tagged: G-28, g28, Immigration Attorney, notice of representation | 3 Comments »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a reminder that beginning Friday, May 1, 2015, USCIS will accept only the new version of Form I-129, Petition for a Nonimmigrant Worker, with an edition date of October 23, 2014. Any filings with previous editions of this form will be rejected.
Filed under: Immigration Attorney | Tagged: form i129, i-129, i129, new form, USCIS | Leave a comment »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL and DHS released advance copies of two new joint rules on H-2Bs that are scheduled to be published tomorrow and will take effect immediately. The first is an interim final rule governing the certification of employment of H-2B workers and the enforcement of obligations applicable to H-2B employers. Comments are due within 60 days of publication. The second is a final rule governing the H-2B Wage Methodology. As background, on March 4, 2015, a federal district court vacated the DOL’s 2008 H-2B regulations on the ground that DOL lacked authority under the INA to issue regulations in the H-2B program. A subsequent temporary stay and extension followed, allowing the DOL to continue processing H-2B cases through May 15, 2015.
Filed under: Immigration Attorney | Tagged: H-2B, h2b, laber certification, temporary worker | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On April 15, 2015, the federal district court for the Northern District of Florida issued an order effectively permitting DOL to continue issuing H-2B labor certifications under its 2008 H-2B regulations through May 15, 2015.
Filed under: Immigration Attorney | Tagged: district court, H-2B, h2b, temporary worker | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.
Filed under: Immigration Attorney | Tagged: Deportation, Detention, ICE | Leave a comment »
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