As of April 25, 2016, USCIS had receipted 29,030 beneficiaries towards the 33,000 cap for the second half of FY2016. This count includes 23,421 approved and 5,609 pending beneficiaries.
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https://californiaimmigration.us/undocumented-workers/
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In a precedent decision issued today, the BIA held that a noncitizen seeking to acquire lawful permanent resident status through the legalization provisions of INA §245A must establish admissibility at the time of adjustment of status under §245A(b)(1). The BIA also held that a noncitizen who was inadmissible at the time of adjustment of status from temporary resident to permanent resident under INA §245A(b)(1) was not lawfully admitted for permanent residence, and is therefore ineligible for a waiver of inadmissibility under former INA §212(c).
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https://californiaimmigration.us/adjustment-granted-in-court-after-4-years-of-waiting/
Filed under: Immigration Attorney | Tagged: 245A, Adjustment of Status, AOS, BIA, legalization | Leave a comment »
BALCA upheld the denial of the labor certification where the recruitment report was signed by an agent, rather than the employer, in direct violation of 20 CFR §656.17(g)(1), which requires either the employer or its representative to sign the recruitment report.
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https://californiaimmigration.us/labor-certification-appeal-granted/
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In a precedent decision issued today, the BIA held that direct sibling-to-sibling DNA test results reflecting a 99.5 percent degree of certainty or higher that a full sibling biological relationship exists should be accepted and considered to be probative evidence of the relationship.
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https://californiaimmigration.us/visas/u-1-visa-for-victims-of-crime/
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Today, DHS Secretary Jeh Johnson announced that the government plans to resume regular deportations of Haitians.
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https://californiaimmigration.us/can-they-deport-me-again/
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The Eighth Circuit upheld the BIA’s finding that the petitioner failed to meet his burden of proving that his state court conviction for theft in the fourth degree, a crime involving moral turpitude, was vacated for a substantive or procedural reason and not for immigration purposes. The court also found that the IJ did not err when it pretermitted petitioner’s application for cancellation of removal on the grounds that he was convicted of a crime of moral turpitude, even though he was never admitted to the United States.
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https://californiaimmigration.us/los-angeles-deportation-law-firm/relief-from-conflicts/
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The Consulate General of the U.S. in Toronto outlined changes to the E-1 and E-2 visa process. Toronto will continue to handle all E-1 and E-2 company registrations, as well as E visa interviews for employees of enterprises not previously registered and where the company registration has expired. Toronto, Ottawa, Vancouver, Calgary, and Montreal will offer visa appointments for employees of companies with valid registrations and their dependents.
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https://californiaimmigration.us/investment-visas/temporary-visa-2/
Filed under: Immigration Attorney | Tagged: Canada, e visa processing, e-1, E-2, treaty investor, treaty trader | Leave a comment »
The Seventh Circuit denied the petition for review, finding that substantial evidence supported the IJ’s finding that the petitioner committed marriage fraud, and thus, that he was ineligible for adjustment of status under INA §212(a)(6)(C)(i). The court also found that the IJ did not commit any legal or constitutional error in exercising discretion to deny adjustment of status.
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https://californiaimmigration.us/political-asylum/present-case/
Filed under: Immigration Attorney | Tagged: 212(a)(6), adjustment, AOS, BIA, board of immigration appeals, bona fide marriage, marriage fraud | 2 Comments »
Filed under: Immigration Attorney | Tagged: Audit, Labor Certification, PERM | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 