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Erroneous report of current availability for the India EB-2 category

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.

Filed under: Charlie Oppenheim of the DOS Visa Office, Department of State (DOS), Immigration Attorney, Immigration Lawyer, India EB-2 Category, USCIS | Tagged: , , , , , , | Leave a comment »

(SEVP) approved schools updated

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.

Filed under: ICE, Immigration Attorney, Immigration Lawyer, Student and Exchange Visitor Program (SEVP), Student Exchange Visitor Information System (SEVIS), USCIS | Tagged: , , , , , , | 2 Comments »

Denial based on NOF Wage Deficiency

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).

Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Notice of Filing (NOF) Wage Deficiency, USCIS | Tagged: , , , , , | Leave a comment »

BALCA rejected the argument that the NOF was sufficient

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)

Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Labor Certification, Notice of Filing (NOF), USCIS | Tagged: , , , , , , | Leave a comment »

Form M-767 – Important Information for New Citizens

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.

Filed under: Citizenship Rights and Responsibilities, Form M-767 - Important Information for New Citizens, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , , | Leave a comment »

Aggravated Felony conviction a deportable offense

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)

Filed under: Aggravated Felonies, Anti-Drug Abuse Act (ADAA), Immigration Attorney, Immigration Lawyer, Pre-ADAA Convictions, USCIS | Tagged: , , , , , , | Leave a comment »

Eligibility to Self-Petition as a Battered or Abused Parent of a USC

Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS draft memo for comment regarding guidance on amendments to the INA that extend the ability to self-petition to battered parents of U.S. Citizens, and on work authorization for approved VAWA self-petitioners. Comments are due 1/24/11, and instructions are included.

Filed under: Battered Spouse, Immigration Attorney, Immigration Lawyer, Self-Petitioning - Battered Spouse, USCIS, VAWA | Tagged: , , , , , , | Leave a comment »

Treatment of Religious Worker I-360

Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS 11/9/10 policy memo on the treatment of religious worker I-360/I-485 concurrent filings in light of the Ninth Circuit’s mandate overturning the injunction in Ruiz-Diaz v. U.S. The interim memo published by USCIS for comment follows the final memo.

Filed under: Adjustment of Status, Immigration, Immigration Attorney, Immigration Lawyer, Religious Worker I-360, USCIS | Tagged: , , , , , | Leave a comment »

Treatment of Religious Worker I-360

Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS 11/9/10 policy memo on the treatment of religious worker I-360/I-485 concurrent filings in light of the Ninth Circuit’s mandate overturning the injunction in Ruiz-Diaz v. U.S. The interim memo published by USCIS for comment follows the final memo.

Filed under: Adjustment of Status, Immigration, Immigration Attorney, Immigration Lawyer, Religious Worker I-360, USCIS | Tagged: , , , , , | Leave a comment »

EB-5 Immigrant Investor Program

Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS presentation on the EB-5 Immigrant Investor Program from the 12/16/10 stakeholder engagement. Topics include EB-5 updates, visa usage, and inquiries, as well as Regional Center statistics, and questions submitted by stakeholders.

Filed under: EB-5 Investment Visa, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: , , , , , | Leave a comment »

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