Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS notice of determination with regard to a new discretionary exemption under INA Section 212(d)(3)(B)(i) for activities and associations relating to the All Burma Students’ Democratic Front (ABSDF). (76 FR 2131, 1/12/11)
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Filed under: Department of Homeland Security (DHS), Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Department of Homeland Security (DHS), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Over dissent, the court found that the extensive, credible record of kidnapping and harm to petitioner’s family members evidenced a quintessentially personal motivation of revenge, not one based on membership in a social group. (Demiraj v. Holder, 1/11/11)
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Filed under: Department of State (DOS), Family-based Albanian Social Group Claim, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Department of State (DOS), Family-based Albanian Social Group Claim, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS Visa Bulletin for February 2011. Section C addresses advance notification of diversity (DV) immigrant category rank cut-offs which will apply in March. Section D addresses retrogression of family cut-off dates.
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Filed under: Department of State (DOS), February 2011 Visa Bulletin, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Department of State (DOS), February 2011 Visa Bulletin, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announcement of multiple Field Office closings on 1/12/11 due to inclement weather. Please note that if an office is closed due to weather-related events, USCIS will automatically reschedule all appointments.
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Filed under: Immigration, Immigration Attorney, Immigration Lawyer, Multiple Field Office closings on 1/12/11 due to inclement weather, USCIS | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Multiple Field Office closings on 1/12/11 due to inclement weather, USCIS | Leave a comment »
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Information from Charlie Oppenheim of the DOS Visa Office explaining the erroneous report of current availability for the India EB-2 category.
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Filed under: Charlie Oppenheim of the DOS Visa Office, Department of State (DOS), Immigration Attorney, Immigration Lawyer, India EB-2 Category, USCIS | Tagged: Brian D. Lerner, Charlie Oppenheim of the DOS Visa Office, Department of State (DOS), Immigration Attorney, Immigration Lawyer, India EB-2 Category, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On 1/5/11, ICE updated its list of Student and Exchange Visitor Program (SEVP) approved schools.
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Filed under: ICE, Immigration Attorney, Immigration Lawyer, Student and Exchange Visitor Program (SEVP), Student Exchange Visitor Information System (SEVIS), USCIS | Tagged: Brian D. Lerner, ICE, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Student and Exchange Visitor Program (SEVP), USCIS | 2 Comments »
Posted on January 11, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA rejected the argument that the DOL FAQs create the impression that the Notice of Filing (NOF) need only include the prevailing wage, and affirmed the CO’s denial where the NOF contained a wage less than that offered to the alien. (Matter of Alum-A-Lift, 1/3/11).
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Notice of Filing (NOF) Wage Deficiency, USCIS | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Notice of Filing (NOF) Wage Deficiency | Leave a comment »
Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the Notice of Filing (NOF) was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Labor Certification, Notice of Filing (NOF), USCIS | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner, Notice of Filing (NOF) | Leave a comment »
Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS Form M-767, Important Information for New Citizens, includes information and resources for new U.S. citizens, including citizenship rights and responsibilities, as well as how to update social security information, register to vote, apply for a U.S. passport, and more.
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Filed under: Citizenship Rights and Responsibilities, Form M-767 - Important Information for New Citizens, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Citizenship Rights and Responsibilities, Form M-767 - Important Information for New Citizens, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court discussed the circuit split on whether the Anti-Drug Abuse Act, which made an aggravated felony conviction a deportable offense, can be applied to pre-ADAA convictions, but denied the petition for failure to exhaust. (Alvarado-Fonseca v. Holder, 1/6/11)
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Filed under: Aggravated Felonies, Anti-Drug Abuse Act (ADAA), Immigration Attorney, Immigration Lawyer, Pre-ADAA Convictions, USCIS | Tagged: Aggravated Felonies, Anti-Drug Abuse Act (ADAA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Pre-ADAA Convictions | Leave a comment »