Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The State Department released the Visa Bulletin for September 2015. There was forward movement in most employment- and family-based visa categories, although the employment-based second preference categories for mainland China and India retrogressed to January 1, 2006, from December 15, 2013, and October 1, 2008, respectively. The Visa Bulletin also includes information on the worldwide numerical limits for FY2015.
Employment visas
Students for employment authorization
Employment adjustment
Visa processing and employment based visas
Filed under: Employment | Tagged: 2nd preference, China, Employment, Immigration, Immigration Attorney, Immigration Lawyer, India, second preference, Visa Bulletin | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, August 21, 2015, U.S. District Judge Dolly Gee issued an order in Flores v. Johnson, ruling that children should generally be released from family detention within five days—preferably to a parent, including a parent with whom they were apprehended. The government must implement the court’s ruling by October 23, 2015.
Family detention
Detention
Child detention
Detention in deportation proceedings
Filed under: family detention | Tagged: Detention, detention of children, district court, flores v. Johnson, Immigration, Immigration Attorney, immigration detention, Immigration Lawyer | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
KPCC reports that California Governor Jerry Brown has signed a bill that removes the term “alien,” used in reference to foreign-born workers, from the California Labor Code. Advocates applauded the removal of the term, which is now commonly viewed as derogatory and dehumanizing, as an important step toward modernizing California’s laws.
Aliens
Immigration and aliens
Alien smuggle
Alien criminal privacy act to undergo modification of records system
Filed under: alien | Tagged: Board of Alien Labor Certification Appeals (BALCA), foreign national, governor Brown, illegal alien, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the Center Director’s prevailing wage determination, finding that, pursuant to 20 CFR §656.40, an otherwise qualifying employer-provided survey cannot be rejected based on the absence of an arithmetic mean wage.
#PERM
Denial of perm
BALCA
BALCA meaning
Filed under: PERM | Tagged: BALCA, Board of Alien Labor Certification Appeals (BALCA), Immigration, Immigration Attorney, Immigration Lawyer, PERM, Prevailing Wage | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the Center Director’s prevailing wage determination, finding that, pursuant to 20 CFR §656.40, an otherwise qualifying employer-provided survey cannot be rejected based on the absence of an arithmetic mean wage.
Filed under: Immigration Attorney | Tagged: BALCA, Board of Alien Labor Certification Appeals (BALCA), PERM, Prevailing Wage | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The Department of Homeland Security (DHS) extended the designation of Haiti for Temporary Protected Status (TPS) for 18 months, through July 22, 2017. The 60-day re-registration period runs from today to October 26, 2015. DHS also extended the suspension of certain requirements involving employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010, earthquake in Haiti.
https://cbocalbos.wordpress.com/tag/f-1/
https://cbocalbos.wordpress.com/tag/f-1-attorney/
https://cbocalbos.wordpress.com/tag/f-1-lawyer/
https://californiaimmigration.us/f-1-student-petition-granted/
Filed under: F-1 Visa | Tagged: f-1, f-1 attorney, f-1 lawyer, F-1 Student Visa, f-1 students, F-1 Visa, Haiti, Haitian F-1 Students, Immigration, Immigration Attorney, Immigration Lawyer, Temporary Protected Status (TPS), TPS | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.
Employment eligibility verification
I-9
Form I-9
What does an immigration attorney do?
Filed under: I-9 | Tagged: adjument of status, AOS, claim to US Citizenship, false claim to US Citizenship, I-9, i9, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.
Filed under: Immigration Attorney | Tagged: adjument of status, AOS, claim to US Citizenship, false claim to US Citizenship, I-9, i9, USCIS | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the Board of Immigration Appeals’ denial of the petitioner’s adjustment of status application, finding that the petitioner reasonably relied on Acosta v. Gonzales, which was the law of the circuit in effect at the time he applied to adjust status, but which was later overruled by Garfias-Rodriguez v. Holder. The court held that the BIA’s decision in Matter of Briones should not be applied retroactively to bar the petitioner’s application, because the petitioner’s reliance interests and the burden that retroactivity would impose on him outweighed the interest in uniform application of the immigration laws.
Filed under: Immigration Attorney | Tagged: 245(i), 9th circuit, briones, Illegal Reentry, ninth circuit | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the Board of Immigration Appeals (BIA) held that the beneficiary of a visa petition who was adopted pursuant to a state court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under INA §101(b)(1)(E)(i), so long as the adoption petition was filed before the beneficiary’s 16th birthday, and the state in which the adoption was entered expressly permits an adoption decree to be dated retroactively.
https://cbocalbos.wordpress.com/tag/adoption/
https://cbocalbos.wordpress.com/tag/adoption-petition/
https://cbocalbos.wordpress.com/tag/immigration-adoption/
https://californiaimmigration.us/family-petitions-to-immigrate-family-members/adoption/
Filed under: Adoption | Tagged: 16 years old, Adoption, adoption petition, BIA, board of immigration appeals, Immigration, Immigration Attorney, Immigration Lawyer, retroactive date | Leave a comment »
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