Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review and remanded, holding that the Board of Immigration Appeals (BIA) erred when it demanded that the petitioner provide more proof than necessary to satisfy a preponderance of the evidence standard for a discretionary good faith marriage waiver, available to petitioners who can show they entered a failed marriage in good faith, where the petitioner testified that he had married for love, not immigration benefits, and the government submitted no evidence.
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Filed under: marriage | Tagged: bona fide marriage, bona fide marriage exemption, good faith marriage, immigration marriage | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Department of Homeland Security (DHS) issued a notice that Nepal has been designated for Temporary Protected Status (TPS) for a period of 18 months, effective today, June 24, 2015, through December 24, 2016. This designation allows eligible Nepalese nationals (and immigrants having no nationality who last habitually resided in Nepal) who have continuously resided and have been continuously physically present in the United States since June 24, 2015, to be granted TPS. The 180-day registration period ends on December 21, 2015.
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Filed under: Temporary Protected Status (TPS) | Tagged: nepal, Temporary Protected Status (TPS), TPS | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due Process Clause.
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Filed under: Illegal Reentry | Tagged: 9th circuit, Due Process, Illegal Reentry, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that on June 15, 2015, it stopped accepting electronically filed Forms I-539, Application to Extend/Change Nonimmigrant Status, and Forms I-526, Immigrant Petition by Alien Entrepreneur. Paper versions of the forms must be used while USCIS updates the online filing system. USCIS also discontinued the EB-5 Regional Center Document Library. USCIS stated that pending or draft cases that were created prior to June 15, 2015, will not be adversely affected, and individuals will have 30 days to complete and submit draft cases.
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https://californiaimmigration.us/have-money-for-a-business-get-the-eb-5-from-an-eb-5-attorney-los-angeles/
Filed under: EB-5 Immigrant Investor Program | Tagged: 526, 539, Change of Status, cos, EB-5, eb-5 attorney, EB-5 Investment, EB-5 Investment Visa, EB-5 Visa, electronic forms, I-526, i-539, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Supreme Court Holds U.S. Citizen Spouse Was Not Deprived of Due Process
In a 5-4 decision, the Supreme Court vacated the Ninth Circuit’s decision in Kerry v. Dinand remanded. The plurality held that because the respondent, a U.S. citizen, was not deprived of “life, liberty, or property,” the government did not deny her any constitutional due process right when it denied her spouse a visa, and that the Due Process Clause did not require the government to explain its decision to deny the visa.
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Filed under: immigrant spouse | Tagged: Due Process, Immigration, Immigration Attorney, Immigration Lawyer, spouse visa, Supreme Court | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Civil rights groups, including the American Immigration Council, filed a lawsuit against the U.S. Border Patrol in federal district court in Tucson on Monday, alleging that immigrants were unlawfully detained and mistreated for extended periods in freezing, filthy holding cells in Arizona. The complaint states that the immigrants suffered a wide range of abuse and neglect, including being held in overcrowded cells and denied adequate food, water, sleep, and medical care.
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https://californiaimmigration.us/information-regarding-filing-complaints-of-discrimination-civil-rights-violations-and-racial-profiling-towards-immigrants/
Filed under: immigrant rights | Tagged: arizona immigration, civil rights, detention facilities, Immigration, Immigration Attorney, Immigration Lawyer | 1 Comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the BIA sustained in part the respondent’s appeal, holding that if an asylum applicant has mental competency issues that affect the reliability of his testimony, then the Immigration Judge should, as a safeguard, generally accept the applicant’s fear of harm as subjectively genuine based on the applicant’s perception of events.aslu
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Filed under: asylum | Tagged: asylum, fear of persecution, Immigration, Immigration Attorney, Immigration Lawyer, mental issues | Leave a comment »
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