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Court Finds Judge’s Deportation Warning at Guilty Plea Proceeding Does Not Satisfy Padilla

The Fifth Circuit reversed the district court, holding that a judge’s statement at a guilty plea proceeding that deportation is “likely” does not foreclose a noncitizen defendant’s ability to demonstrate prejudice as a result of counsel’s failure to provide Padilla-required advice about the immigration consequences of the plea.

USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that had been identified on approved petitions.

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H-2B attorney

H-2B Cap

Law Offices of Brian D. Lerner

H2B Cap reopened

USCIS reopened the FY2015 H-2B cap today, and is now accepting petitions requesting new H-2B workers with an employment start date between April 1, 2015, and September 30, 2015. The agency explained that the number of H-2B visas actually issued by the State Department was less than the number of beneficiaries seeking consular notification that had been identified on approved petitions.

Green card application granted for client who is married to a US citizen but had a deportation order from 1995.  Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA.  However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand and terminate his case so that he could apply for adjustment of status with USCIS.  20 years later, he is now a lawful permanent resident of the United States.

BIA appeal

Appeals

AOS petition

Do a petition

 

 

 

Another win for our Law Office regarding appealing and Petition for Review

Green card application granted for client who is married to a US citizen but had a deportation order from 1995.  Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA.  However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand and terminate his case so that he could apply for adjustment of status with USCIS.  20 years later, he is now a lawful permanent resident of the United States.

Provisional waiver granted for Client who entered the United States without inspection in 2001.  Waiver was based on hardship to his U.S. citizen wife, who he recently married and with whom he has a U.S. citizen daughter.

212h waiver

New waiver

Waivers

U.S. waivers

Another Win for the Law Offices of Brian D. Lerner regarding a Provisional Waiver

Provisional waiver granted for Client who entered the United States without inspection in 2001.  Waiver was based on hardship to his U.S. citizen wife, who he recently married and with whom he has a U.S. citizen daughter.

Another win for the Law Offices of Brian Lerner winning at 9th Circuit Court of Appeals

Client’s case was denied by the Immigration Judge and the Board of Immigration Appeals and prior to retaining our office.  Once retained, we filed an appeal with the 9th Circuit and were able to have her case administratively closed so that she could apply for her green card based on her marriage to a US citizen.

 

2008 order of deportation reopened for Client who did not receive notice of his hearing.

Abstenia deportation

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Winning a deportation

Another Win for the Law Offices of Brian D. Lerner for Reopening Absentia case

2008 order of deportation reopened for Client who did not receive notice of his hearing.