Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit remanded, holding that the BIA abused its discretion by ignoring a potentially meritorious argument when deciding on the motion to reopen, and that the BIA should determine if the petitioner’s attorneys incompetently neglected to offer evidence and arguments that might have resolved the inconsistencies identified by the Immigration Judge.
Filed under: Immigration Attorney | Tagged: BIA, board of immigration appeals, ineffective assistance of counsel, lozada, Petition for Review | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.
Filed under: Immigration Attorney | Tagged: H-2B, h-2b cap, h2b, h2b attorney, h2b cap, h2b lawyer | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
MSNBC reports that lawyers and advocacy groups are alleging that women and children who are holding a hunger strike at an immigrant family detention center in South Texas are now facing retaliation, including intimidation and isolation. MSNBC states that ICE denies that any hunger strike is underway at the Karnes County Residential Center, and said the agency is not aware that any women have fully refrained from eating at either the dining hall or in common living areas
Filed under: Immigration Attorney | Tagged: artesia detention facility, child detention immigration, detention facility, El Salvador, retaliation ICE | 2 Comments »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS issued a cable on the worldwide deployment of a new USCIS Form I-407, Record of Abandonment of Lawful Permanent Resident Status. After March 26, 2015, posts must discontinue the use of the prior version of Form I-407. The cable includes information on who can file, where to file, completing Form I-407, and additional filing and processing information.
Filed under: Immigration Attorney | Tagged: abandon residency, form i-407, i-407, i407, petition for abandomente of residency | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS provided guidance on the proper action to take if H-1B cap-subject filings for FY2016 are mishandled by delivery services. USCIS advised that it will reject any petitions received after the cap is met, including second H-1B petitions filed because of a delivery service mishandling. AILA reminds members who elect to file a second H-1B cap-subject petition in accordance with this guidance that the first petition will be withdrawn even if it is ultimately selected in the lottery. The second petition is completely separate and does not “replace” the first petition.
Filed under: Immigration Attorney | Tagged: cap, H-1B, h-1b cap, h1b, mishandling h-1b | Leave a comment »
Posted on April 1, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the BIA found respondent removable, where killing of civilians and acts of torture occurred during his command of the Salvadoran National Guard, and he interfered with investigations, and failed to hold the perpetrators accountable. Matter of Vides Casanova, 26 I&N Dec. 494 (BIA 2015).
Filed under: Immigration Attorney | Tagged: BIA, El Salvador, killing, Torture | Leave a comment »
Posted on April 1, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A USCIS News Release reminds the public that USCIS will begin accepting FY2016 H-1B petitions on April 1, 2015. USCIS projects that it will receive more petitions than the H-1B cap and reminds the public that if USCIS receives a number of petitions in excess of the cap in the first five days, all petitions will be subject to a random selection lottery. USCIS will reject all unselected cap-subject petitions, as well as any petitions received after the cap is met.
Filed under: Immigration Attorney | Tagged: deadline for h-1b, H-1B, h1b, specialty occupation work visa | Leave a comment »
Posted on April 1, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Justice Department, on March 12, 2015, filed an emergency motion for a stay pending appeal, with attachments, in Texas v. United States, requesting that the Fifth Circuit Court of Appeals stay the district court’s nationwide preliminary injunction in its entirety or, at minimum, stay it with respect to implementation in states other than Texas, or states that are not parties to the suit.
Filed under: Immigration Attorney | Tagged: #dapa, injunction, Texas | Leave a comment »
Posted on February 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 