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Another Win for our Immigration Law Office

After a long fight, application for adjustment of status and fraud waiver granted.  Filipino Client had previously applied for adjustment with a fraud waiver with another attorney’s office in Los Angeles but his fraud waiver was denied.  Our office was able to refile with additional evidence of hardship and his case was approved in a little over 2 years.  He can now remain in the United States with his U.S. citizen wife and mother.

Confusion of the new public charge rule has had a chilling effect on immigrants

Attorneys for Cabrini Immigration Services reported a lot of confusion about the soon-to-be-enacted public charge rule. Many are unclear on who is affected by the rule, think it applies retroactively, and are also unsure what social services are trigger the rule. This confusion has led some immigrants and prospective immigrants to avoid public assistance or medical care. The rule goes into effect on February 24.

Arresting immigrants

Attack on immigrants

Central America immigrants

Removal

Between 2015 and 2019, immigration to Canada increased by 26%. Canada has sought to increase immigration to overcome issues stemming from its aging workforce. The United States has a different story. From fiscal year 2016 to fiscal year 2018, officially documented immigration to the U.S. fell by 7%.

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Immigration to Canada has risen while immigration to the U.S. fell

Between 2015 and 2019, immigration to Canada increased by 26%. Canada has sought to increase immigration to overcome issues stemming from its aging workforce. The United States has a different story. From fiscal year 2016 to fiscal year 2018, officially documented immigration to the U.S. fell by 7%.

BIA Rules IJ Should Enter In Absentia Order of Removal if Individual Returned to Mexico Under MPP Fails to Appear for Hearing

In Matter of Rodriguez, the BIA ruled that if DHS returns an individual to Mexico to await an immigration hearing pursuant to the Migrant Protection Protocols (MPP) and provides sufficient notice of that hearing, an immigration judge should enter an in absentia order of removal if the individual fails to appear for the hearing. Visit our featured issue page for more information on the MPP and tent courts.

BIA

BIA meaning

Appeal to BIA

BIA deference given to particulary serious crime

Some immigration judges were hired without any immigration law experience.

During the recent hearing in the House Subcommittee on Immigration and Citizenship, Congresswoman Sheila Jackson Lee of Texas pointed out that the Executive Office for Immigration Review (EOIR) has been hiring immigration judges with no immigration experience. The immigration judge vacancy announcement does not list any immigration law experience as a requirement for the position. Out of 28 judges who were recently sworn in, 11 had no immigration law experience.

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Ninth Circuit Grants Rehearing En Banc in Case Involving Defective NTA Under Pereira

The Ninth Circuit granted rehearing en banc to revisit its prior decision filed on May 22, 2019, which held that a Notice to Appear that is defective under Pereira v. Sessions cannot be cured by a subsequent Notice of Hearing and therefore does not terminate the residence period required for cancellation of removal.

New Forms due to Public Charge to begin

Public Charge Inadmissibility Final Rule: Revised Forms and Updated Policy Manual Guidance
U.S. Citizenship and Immigration Services has published revised forms consistent with the final rule on the public charge ground of inadmissibility, which the U.S. Department of Homeland Security, including USCIS, will implement on Feb. 24, 2020. Beginning Feb. 24, 2020, applicants and petitioners must use new editions of the following forms below (except in Illinois, where the rule remains enjoined by a federal court):
Form I-129, Petition for a Nonimmigrant Worker
Form I-129CW, Petition for a CNMI-Only Nonimmigrant Worker
Form I-485, Application to Register Permanent Residence or Adjust Status
Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
Form I-485J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
Form I-539, Application to Extend/Change Nonimmigrant Status
Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status (PDF)
Form I-601, Application for Waiver of Grounds of Inadmissibility
Form I-864, Affidavit of Support Under Section 213A of the INA
Form I-864A, Contract Between Sponsor and Household Member
Form I-864EZ, Affidavit of Support Under Section 213A of the INA
Form I-912, Request for Fee Waiver

A judge has overturned the convictions of 4 border activists in Arizona

4 border aid activists were arrested and convicted after they left food and water in the desert that served as a wildlife refuge for undocumented immigrants. The 4 women faced up to 6 months in prison and a $500 fine. Last week, a U.S. District Judge overturned their convictions, ruling that the government was restricting the women’s religious beliefs when it arrested them for providing aid.

District Court Grants Class-Wide Preliminary Injunction in Case Challenging ICE Arrests at I‑130 Interviews

The U.S. District Court for the District of Maryland issued a class-wide preliminary injunction prohibiting federal immigration officials from arresting, detaining, or removing noncitizens who have final orders of removal and who are married to U.S. citizens at I-130 marriage interviews. The court also ordered ICE to release from custody all noncitizen petitioners and proposed class members, including release from orders of supervision and immigration detention.

Form I-130

I-130 interview

Approved I-130

Law Offices of Brian D. Lerner