Filed under: deportation attorney, Immigration, Immigration Attorney, Immigration Law, immigration provisions, Immigration Reform, los angeles immigration attorney, USCIS | Tagged: Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, Immigration Lawyer, Immigration Reform, immigration reform 2013, Law Offices of Brian D. Lerner, los angeles immigration, spanish deportation attorney, spanish deportation lawyer, spanish immigration lawyer | Leave a comment »
Immigration Reform 2013
Posted on February 5, 2013 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
What is the ‘catch-all’ provision for good moral character?
Posted on May 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
What is the ‘catch-all’ provision for good moral character? – Avvo.com http://ping.fm/58nD3
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Pro Bono Attorney needed from American Immigration Lawyers Association
Posted on March 30, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
There are organizations which will permit an Immigration Attorney to be pro bono and to help those in need. The hope is that more Immigration Attorneys will step up to the plate and help those in need, especially children. Our Immigration Law system is difficult enough. Can you imagine what a child must think when they immigrate to the U.S. and don’t even speak our language. American Immigration Lawyers Association is a great organization of over 10,000 immigration lawyers of which many do volunteer and help those in need.
Filed under: Immigration, Immigration Attorney, Immigration Law, immigration provisions, los angeles immigration attorney, Pro Bono Immigration Attorney | Tagged: american immigration lawyers association, Immigration Attorney | 1 Comment »
Haitian Orphans can be adopted through legal immigration adoption means
Posted on March 25, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
There are many orphans in Haiti at this time. The U.S. has the procedures under Immigration Law in place to legally adopt the orphans and bring them to the U.S. without undercutting the procedure or making it so things are not on the “up and up”. Immigration Adoptions of Haitians make certain that the parents in the U.S. can properly take care of the children and that the child will have a good home after being petitioned and after an Immigration Attorney processes all the paperwork.
Filed under: Adoption, Immigration, Immigration Attorney, Immigration Law, immigration provisions, Orphan | Tagged: adoption petition, haitian orphan, Immigration Lawyer | 1 Comment »
Do you fall under The Child Status Protection Act?
Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I am very confused if I fall under the Child Status Protection Act (CSPA.) I have heard various things and just do not know if I qualify. Can you shed some light on this subject?
Answer: Yes it is true that there has been some confusion as to whether or not certain cases apply to the Child Status Protection Act. Within the last week, the Bureau of Citizenship and Immigration Services (BCIS) has issued some new interpretations of the CSPA. Unfortunately, some of the regulations limit what and who can fall under the CSPA.
First, the BCIS now states that the terms of the CSPA are not retroactive. Hence, persons whom age-out and would possibly fall under the CSPA must age-out after August 6, 2002 in order to qualify.
Question: Are there any exceptions to this age-out rule?
Answer: Yes. If you aged-out after August 6, 2002, but the petition has not yet been adjudicated or ruled upon. Also, if the petition has been ruled upon, but the adjustment of status application is still pending you would qualify for this exception.
Question: If I qualify for some other nonimmigrant visa, can I use the sections of CSPA?
Answer: No. Especially listed are the K (for fiancée related beneficiaries) and V (for persons with family petitions pending for over three years.)
Question: When is it actually determined if a person “ages-out”?
Answer: This occurs on the date of the visa number availability. Therefore, you would need to find out exactly when the visa became available and then find out exactly how old the beneficiary was on that date. This will apply not only to the beneficiary, but to the derivative beneficiaries as well.
Question: I have a friend who would have a current visa number available, but his father (the petitioner) became a U.S. Citizen and now the visa number availability is years off. Can he do anything?
Answer: Yes. A simple letter to the BCIS will suffice to show that he wants to retain the old preference. His visa number will become current, and he will be able to adjust his status.
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Filed under: cspa, Immigration Law, immigration provisions, Nonimmigrant Visa, USCIS | Tagged: cspa, Nonimmigrant Visa | 1 Comment »
Can you immigrate to the United States?
Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I would like to know if I am eligible to come to the United States and immigrate so I can get my Green Card. I am very confused and am unsure of the possible ways. Can you shed some light on this subject?
Answer: Through family-based immigration, a U.S. citizen or LPR can sponsor his or her close family members for permanent residence. A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers and sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. As a result of recent changes in the law, all citizens or LPR’s wishing to petition for a family member must have an income at least 125% of the federal poverty level and sign a legally enforceable affidavit to support their family member.
Through employment-based immigration, a U.S. employer can sponsor a foreign-born employee for permanent residence. Typically, the employer must first demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job for which an immigrant visa is being sought.
Through various special related visas for religious persons or multinational managers.
As a refugee or asylee, a person may gain permanent residence in the U.S. A person located outside the United States who seeks protection in the U.S. on the grounds that he or she faces persecution in his or her homeland can enter this country as a refugee. In order to be admitted to the U.S. as a refugee, the person must prove that he or she has a “well-founded fear of persecution” on the basis of at least one of the following internationally recognized grounds: race; religion; membership in a social group; political opinion; or national origin. A person who is already in the United States and fears persecution if sent back to his or her home country may apply for asylum in the U.S. Like a refugee, an asylum applicant must prove that he or she has a “well-founded” fear of persecution based on one of the five enumerated grounds listed above. Once granted asylum, the person is called an “asylee.” In most cases, an individual must apply for asylum within one year of arriving in the U.S. Refugees and asylees may apply for permanent residence after one year in the U.S.
Question: How many immigrants are admitted to the United States every year?
Answer: Family-based immigration is limited by statute to 480,000 persons per year. There is no numerical cap on the number of immediate relatives (spouses, minor unmarried children and parents of U.S. citizens) admitted annually to the U.S. as immigrants. However, the number of immediate relatives is subtracted from the 480,000 cap on family-based immigration to determine the number of other family-based immigrants to be admitted in the following year (with a floor of 226,000). Employment-based immigration is limited by statute to 140,000 persons per year. The United States accepts only a limited number of refugees from around the world each year. This number is determined every year by the President in consultation with Congress. The total number of annual “refugee slots” is divided among different regions of the world. For fiscal year 2003, the number of refugee admissions was set at 70,000.
The numbers may sound like a large amount. However, since so many people want to come into the U.S., there are many people who have to wait 10 to 20 years to have their turn to enter the U.S. as a Lawful Permanent Resident.
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Filed under: Family Petition, Immigration Law, immigration provisions, Labor Certification, USCIS | Tagged: Family Petition, Labor Certification | Leave a comment »
Will the war affect my application?
Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I wish the best for the troops of the U.S. in Iraq. My concern is that I have an application going forward with the Bureau of Citizenship and Immigration Services and am wondering if that will be affected. Also, I am having a friend coming into the U.S. for a visit. Will the war affect him?
Answer: It is hard to say what effect the war will have on the immigration processes. The reality is that if you or your friend are from a Muslim related country, you will most likely have to go through more security checks and will have more difficulty in obtaining the visa. Of course this is not always true, but a person whom wants a Visitor Visa from Syria will have a harder time obtaining that visa than one whom obtains a Visitor Visa through the Philippines.
As for an application you currently have, it should not be affected. For example, if you have a work permit petition through an employer, as long as you qualify for the petition and are not inadmissible under any grounds, there should not be a problem.
Question: This sounds like ‘profiling’ by the U.S. government. Is that legal?
Answer: In some respects you are correct. The U.S. government has targeted persons of Muslim countries to special register. They have deported many people who have specially registered, but are out of status. They have expelled diplomats from Iraq and have sought to detain persons from Muslim related countries who are seeking asylum.
The U.S. government does not seem to be targeting persons whom are not from Muslim related countries. However, as we are seeing, in wartime, many of the due process rights and constitutionally protected rights of certain persons are abrogated and diminished. That is why we have to constantly fight to keep the rights of those persons who are least able to fight for themselves. Yes, the U.S. government should do what it needs to do to protect its national security. However, in many cases, in the name of national security, measures are taken which end up violating certain civil liberties and constitutional protections. These violations unfortunately do nothing to protect the national security. Thus, we must fight for the rights of all immigrants in the U.S. Otherwise, what appears to be limited and small infractions of constitutionally protected rights on a few select people could eventually be directed to the more general population of the U.S.
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Filed under: B1/B2 Visas, Immigration Law, immigration provisions, USCIS, Work Visa | Tagged: Visitor Visa, Work Permit | Leave a comment »
BCIS, BICE, and BCBP – What does it all mean?
Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I am trying to follow the updates since the Immigration and Naturalization Services ceased to exist. However, I am having a very difficult time understanding all the new departments. Can you please explain?
Answer: Yes, on March 1, the INS ceased to exist. All of the agency’s immigration functions were divided and transferred into three bureaus within the Department of Homeland Security. The transition affects everything from bringing in international employees for business meetings, to the processing of pending cases that were sent to the INS, to the work authorization and visa documentation foreign nationals currently hold.
Question: Can you explain what these new departments are within the Department of Homeland Security?
Answer: The three bureaus (the Bureau of Citizenship and Immigration Services (BCIS), the Bureau of Immigration and Customs Enforcement (BICE), and the Bureau of Customs and Border Protection (BCBP)) are now responsible for all the immigration services and enforcement functions. This does not include the Immigration Court.
Question: What does the Bureau of Citizenship and Immigration Services do?
Answer: The Bureau of Citizenship and Immigration Services (BCIS) is responsible for immigration services and benefits including: the adjudication of family- and employment-based petitions; issuance of employment authorization documents; asylum and refugee processing; naturalization; and implementation of special status programs such as Temporary Protected Status. At least during the transition phase, the bureau’s structure and functions will remain fairly similar to the old INS. The former INS District Offices (newly titled local BCIS offices); Application Support Centers (ASC), Service Centers and Asylum offices will remain open and in the same locations for this transition period.
This bureau will continue to process pending applications previously filed with the INS, and will maintain the validity of documentation issued by the former INS, such as: green cards, certificates of citizenship, employment authorization documents, travel and advance parole documents, Form I-94 Arrival and Departure Records, and others.
Question: What does the Bureau of Immigration and Customs Enforcement do?
Answer: The BICE handles the investigative and interior enforcement functions of the former INS, U.S. Customs Service, and the Federal Protective Services. The bureau is responsible for the detention and removal of criminal aliens, dismantling smuggling operations or trafficking of aliens, building partnerships to solve local problems, minimizing immigration benefit and document fraud, and conducting INS raids.
The bureau consists of approximately 14,000 employees, and is headed by an Assistant Secretary, who reports directly to the Undersecretary for Border and Transportation Security.
Question: Finally, what are the functions of the Bureau of Customs and Border Protection?
Answer: The BCBP is responsible for the Border Patrol, immigration investigations, and the inspections process at the borders. Prior to March 1, the ports of entry were supervised by several distinct chains of command and inspections personnel for the U.S. Customs, INS and other federal agencies. As of March 1, BCBP became the sole governmental presence along the border and at the ports of entry. The new bureau fused the old agencies’ chains of command at each port of entry into one common chain and put all inspectors under a single port director. The bureau also put the former INS enforcement personnel at the border in a supervisory position above former INS investigators. This is the first time that the immigration investigations functions are subordinate to enforcement. However, it still remains unclear how this change will affect admissions to the U.S. The bureau consists of 30,000 employees.
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Filed under: Department of Homeland Security (DHS), Immigration, Immigration Law, immigration provisions, USCIS | Tagged: DHS, USCIS | Leave a comment »
So many Student Visa Regulations! What do I do?
Posted on December 28, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Question: I am a foreign student, but am finding it difficult to maneuver around the new Student Visa Regulations. Can you help to clarify?
Answer: On January 1, 2003, “Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)” went into effect. There are many changes for students.
Question: Under SEVIS, are they any changes for practical training?
Answer: F-1 students now become eligible for a new one-year period of post completion optional practical training (“OPT”) when a student changes to a higher educational level. Under the new rules, a student could receive one year of OPT upon completing a Bachelors, then get an additional one year OPT for Masters, and then, if the student newly enrolls in a Doctoral program, the F-1 can get a third year of post completion OPT once the Ph.D. is completed.
Question: What about my spouse who is on F2? Can she continue to go to school?
Answer: The new rule states that F-2 dependents may not be enrolled full-time in a degree granting course of post-secondary study. F-2 dependents may be enrolled in elementary and secondary school or any a vocational or recreational studies. There is no grandfathering of current F-2s enrolled in college, and all such F-2s must have applied for a change of status to F-1 by March 11, 2003.
Question: What is the obligation of the school at this point under SEVIS?
Answer: The school must report the following within 21 days: failure to maintain F-1 status or complete educational program, change in address or name, graduation early or prior to program end date on SEVIS I-20, disciplinary action taken by school. Each semester and no later than 30 days after the deadline for class registration, schools must report the following: whether the F-1 student has enrolled, identification of any F-1 student who has dropped below a full course of study without authorization, the current address of the F-1 student.
Question: What if I go out of status? Can I be reinstated?
Answer: There is a new rule for getting reinstated. Now, the student must apply for reinstatement not more than 5 months after being out of status. Or, if the application is outside of the 5-month limit, the student must establish that failure to timely file was the result of exceptional circumstances. To have a reinstatement approved, the student must show either that the violation of status resulted from circumstances beyond the student’s control or that the violation relates to a reduction in the student’s course load that would have been within a Designated School Official’s power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.
Question: What if I cannot finish my coursework by the end of the date on the I-20?
Answer: The new rule requires that program extension must be requested by the student prior to the end date on the I-20. Any student who is unable to complete the educational program before the end date on the I-20, and does not request a program extension prior to the end date on the I-20, is out of status.
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