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

DOS Cable on New USCIS Form I-407

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 »

USCIS Guidance on Delivery Service Errors for FY2016 H-1B Cap Filings

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who elect to file a second H-1B cap-subject petition in accordance with this guidance that the first petition will be withdrawn even if it is ultimately selected in the lottery.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 »

BIA Finds Respondent Removable for Participation in Acts of Torture and Extrajudicial Killing

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 »

USCIS Will Accept H-1B Petitions for FY 2016 Beginning April 1, 2015

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 »

Request to Stay Injunction

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.