Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit granted the petition for review, holding that a wave-through at a port of entry is an “admission in any status” under 8 USC §1229b(a)(2), and that the petitioner, a lawful permanent resident, was thus eligible for cancellation of removal.
Filed under: Immigration Attorney | Tagged: admission, border patrol, port of entry, wave through, waved through | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the CO’s denial for failure to provide a sufficient explanation for rejecting eight U.S. applicants, noting that 20 CFR §656.17(g)(1) “does not indicate a level of specificity beyond what the Employer provided.”
Filed under: Immigration Attorney | Tagged: employment based immigration, experience, I-140, i140, Labor Certification, PERM | 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 granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
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Filed under: Aggravated Felonies | Tagged: #aggrvated felony, aggravated felon, Aggravated Felonies, aggravated felony, aggravated felony bar, Aggravated felony crime of violence, grand theft, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
Filed under: Immigration Attorney | Tagged: #aggrvated felony, aggravated felony, grand theft, ninth circuit | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.
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Filed under: crimes | Tagged: crime, crime involving moral turpitude, criminal detention, criminal immigration, criminal lawyer, criminal relief, ice detention, Immigration, Immigration Attorney, immigration crime, Immigration Crimes, Immigration Lawyer | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.
Filed under: Immigration Attorney | Tagged: crime, criminal detention, ice detention | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.
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USCIS provides FY 2022 H-1B Cap Season Updates
Filed under: H-1B | Tagged: amended h-1b petition, H-1, H-1B, H-1B attorney, h-1b cap, H-1B Cap for FY2011, h-1b cap-gap, h-1b immigration attorney, h-1b immigrationmmigration attorney, H-1B Lawyer, H-1B Specialty Visa, H-1B Visa, H-1B Visa Attorney, H-1B visa lawyer, H-1B Visa Petition, H-1B's, h1b | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.
Filed under: Immigration Attorney | Tagged: amended h-1b petition, H-1B, h1b | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue to accept previous editions of the form, USCIS indicates that H-4 applicants should use the revised form to prevent delays or RFEs. On Sunday, a federal district court denied a motion for a preliminary injunction to stop DHS from implementing the H-4 final rule.
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Filed under: H-4 Applicant | Tagged: H-1B, H-4, H-4 applicant, h-4 work authorization, h1b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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