Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
https://cbocalbos.wordpress.com/tag/dna-testing/
https://cbocalbos.wordpress.com/tag/dna/
https://cbocalbos.wordpress.com/tag/family-relationship/
https://californiaimmigration.us/visas/u-1-visa-for-victims-of-crime/
Filed under: Immigration Attorney | Tagged: BIA, dna, family relationship | Leave a comment »
Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS posted an alert today that it is transferring certain petitions for L-1 nonimmigrant status (and accompanying I-539s and I-765s for L-2 derivatives) from the VSC to the CSC, and is similarly transferring certain H-1B petitions and associated derivative applications from the VSC to the NSC. Starting yesterday, the Lockbox began sending certain cases to the Potomac Service Center, including all newly filed Form I-765 applications for F-1 and M-2 students seeking Optional Practical Training (OPT).
Filed under: Immigration Attorney | Tagged: I-765, USCIS | Leave a comment »
Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
https://cbocalbos.wordpress.com/tag/conviction/
https://cbocalbos.wordpress.com/tag/drug-conviction/
https://cbocalbos.wordpress.com/tag/aliens-conviction/
https://californiaimmigration.us/los-angeles-deportation-law-firm/relief-from-conflicts/
Filed under: Immigration Attorney | Tagged: BIA, conviction, criminal relief, vacated | 1 Comment »
Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
https://cbocalbos.wordpress.com/tag/fiancee-visa/
https://cbocalbos.wordpress.com/tag/spouse-visa/
https://cbocalbos.wordpress.com/tag/e-visa/
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 »
Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
https://cbocalbos.wordpress.com/tag/212a6/
https://cbocalbos.wordpress.com/tag/aos/
https://cbocalbos.wordpress.com/tag/petitioner-ineligible-for-aos-for-presenting-us-birth-certificate-and-continuous-physical-presenc/
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 »
Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Approximately 30 percent of all PERM cases are audited, and half of those cases are denied. Thus, you should make sure the PERM is professionally prepared.
Filed under: Immigration Attorney | Tagged: Audit, Labor Certification, PERM | Leave a comment »
Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit granted the petition for review and remanded to the BIA, holding that the petitioners could establish a legitimate reliance interest on pre-Briones law by showing that they incurred legal expenses pursuing adjustment of status during the 21-month period between Acosta v. Gonzales and Matter of Briones. Because the record did not reflect the amount of the expenses the petitioners incurred during the relevant period, the court remanded to the BIA with instructions to allow the petitioners to supplement the record, and to assess in the first instance under Garfias-Rodriguez v. Holder whether Briones may be applied retroactively in this case.
Filed under: Immigration Attorney | Tagged: acosta, BIA, briones, garfias, retroactive | 2 Comments »
Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOJ’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on whether an employer may, consistent with the anti-discrimination provision in INA §274B(a)(1)(B), terminate U.S. workers and rely on contract workers with temporary work visas to perform the work previously done by the terminated U.S. workers. The letter states, “Except in very narrow circumstances, an employer violates the anti-discrimination provision if it terminates workers or hires their replacements because of citizenship or immigration status.” The letter also lists several factors that may be considered in determining whether an employer has in fact violated the anti-discrimination provision in such cases.
https://cbocalbos.wordpress.com/tag/temporary-workers/
https://cbocalbos.wordpress.com/tag/anti-discrimination/
https://cbocalbos.wordpress.com/tag/employment-discrimination/
https://californiaimmigration.us/investment-visas/l-1-intracompany-transferee/
Filed under: Immigration Attorney | Tagged: anti-discrimination, discrimination, DOJ, temporary worker | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 