Posted on June 11, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://www.californiaimmigration.us The U.S. district court in Washington state granted the plaintiff’s motion for summary judgment, finding that even though the plaintiff had entered without inspection, his subsequent grant of Temporary Protected Status (TPS) rendered him “inspected and admitted” into the U.S. for purposes of INA §245(a).
Filed under: Immigration Attorney | Leave a comment »
Posted on June 10, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://www.californiaimmigration.us
The New York Times reports that a Pentagon plan to allow a small number of young immigrants who grew up in the United States without legal status to enlist in the military has been delayed by the White House, to avoid any conflict with House Republicans considering whether to move on immigration legislation
Filed under: Immigration Attorney | Leave a comment »
Posted on June 10, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/xN4UO U.S. Consulates in Canada are temporarily suspending third country national (TCN) processing during the peak demand period of June, July, and August 2014. TCN applicants with appointments already scheduled at a post in Canada during these months will not be affected.
Filed under: Immigration Attorney | Leave a comment »
Posted on June 9, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://youtu.be/v54k9q2Urbo The Walsh Waiver and New Caselaw making it more difficult – but not impossible.
Filed under: Immigration Attorney | Leave a comment »
Posted on June 2, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/xxAIY What to do after the Green Card and USC? Get a Trust and Will and protect your family.
Filed under: Immigration Attorney | Leave a comment »
Posted on May 31, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/xlWAk Section 402(a)(2) of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, 622, which bars the approval of a family-based visa petition filed by a petitioner who has been convicted of a “specified offense against a minor” and has not shown that he poses “no risk” to the beneficiary, does not have an impermissible retroactive effect when applied to convictions that occurred before its enactment.
Filed under: Immigration Attorney | Leave a comment »
Posted on May 30, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/xlVRo (1) In a visa petition case involving the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, the petitioner bears the burden of proving that he has not been convicted of a “specified offense against a minor.”
Filed under: Immigration Attorney | Leave a comment »
Posted on May 29, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/xlVmp In adjudicating cases involving the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, the Board of Immigration Appeals lacks jurisdiction to review a “no risk” determination by the United States Citizenship and Immigration Services, including the appropriate standard of proof to be applied.
Filed under: Immigration Attorney | Leave a comment »
Posted on May 28, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/xlNq4 BIA reversed the IJ and found that respondent’s 1995 aggravated felony burglary conviction did not bar him from §212(c) relief where his entire ten year sentence was probated.
Filed under: Immigration Attorney | Leave a comment »
Posted on May 23, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
http://ow.ly/x1qOp The Ninth Circuit joined the Sixth, Seventh, and Eleventh Circuits in holding that a petitioner’s untimely motion to reopen may qualify under the changed conditions exception in 8 CFR §1003(c)(3)(ii), even if the changed country conditions are made relevant by a change in the petitioner’s personal circumstances.
Filed under: Immigration Attorney | Leave a comment »