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Winning a deportation case through Cancellation of Removal

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How a deportation attorney can help you win a cancellation of removal for non permanent residents

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Is Immigration Reform finally coming?

Is Immigration Reform Actually Here?

Question: I heard that immigration reform is coming. Is this true?

Answer: As a framework for reform, this is closer than we’ve come in years to meaningful change.The Senate “Gang of Eight” for introducing its bipartisan immigration reform proposal, allowing the Senate Judiciary Committee to forge ahead on the “markup” process. A proposal like this is a necessary first step in any path forward to create a common-sense immigration system that will meet the needs of the U.S. economy, businesses, and families, and integrate into our society aspiring Americans who work hard and want only a better life for themselves and their families. Therefore, it is not law, but it is a great step forward.
Question: Is it a comprehensive immigration bill?
Answer: It seems to be both enforcement and benefit. It is the biggest immigration bill to come out in nearly 20 years.I In fact, the last big immigration bill was severely anti-immigrant. There was almost nothing to benefit immigrants. This one seems much more balanced. In many ways, the language contained in the 844 page legislation reflects key issues facing immigrants today and is necessary to any successful immigration reform, such as border and interior enforcement, legalization, backlog reduction, asylum, family unification, and both current and future business needs.
Question: Is this immigration bill the perfect solution for the broken immigration system?
Answer: No compromise measure ever is. Is it a good bill? Yes, for the most part it is, and perhaps it is even a great bill in some respects. We do see some further changes that are desirable, and as we delve more deeply into the details, I’m sure we’ll find some needed tweaks. But as a framework for reform, this is closer than we’ve come in years to meaningful change. This bill does not shy away from addressing the difficult issues embedded in current immigration policy. It’s a good start, and I hope that by continuing to work across the aisle, the Senate can pass a bill that will meet our nation’s needs and the House will follow suit.
Question: What do you think finally prompted Congress to make this immigration bill?
Answer: It was a myriad of things and events. However, the past election again of President Obama seems to have finally been the catalyst to move this procedure forward.

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How to bring RN’s into the U.S.

Ways to bring RN’s into the U.S.

Question: I am a Registered Nurse and I don’t know how to come into the U.S. Can you help?

Answer: Primarily, the best way to come into the United States as a Registered Nurse is through the normal I-140 Schedule A process. This is whereby an RN submits everything necessary to eventually obtain residency.

Question: How long does it take?

Answer: It is now taking years for the visa number to become current. It is unfortunate, but it is taking much longer than in prior years. Professional nurses and physical therapists who are in the United States and eligible to file for adjustment of status are able to file their I-485 and ancillary applications concurrently with the I-140 immigrant visa petition as long as their priority date is current. The priority date for a professional nurse or a physical therapist is established when a complete I-140 immigrant visa petition is received by the USCIS service center. Unfortunately, professional nurses in jobs that require only two years of nursing training fall under the third preference category for Skilled Workers. This three– to seven-year visa retrogression has exacerbated the immediate need for qualified registered nurses nationwide.

Question: Can a Registered Nurse come into the United States on an H-1B?

Answer: Most foreign nurses do not qualify for an H-1B visa unless they are certified advanced practice registered nurses (APRN) or upper-level nurse managers

Question: Are there other types of temporary visas that Registered Nurses can come into the United States?

Answer: The Treaty NAFTA (TN) visa remains an option for Canadian and Mexican citizens. Many people have immigrated previously to Canada to become nurses and still want to come to the United States. After they become a Canadian Citizen, they can certainly take advantage of the TN Visa.

Question: What is needed in the I-140 application for an RN to apply for residency?

Answer: (1) Form I-140 Immigrant Petition for Alien Worker, along with evidence that the petitioning employer has the financial ability to pay the salary offered; (2) PERM Labor Certification Application Form ETA 9089 in duplicate; (3) Prevailing wage determination; (4) Posting notice; (5) Proof that the alien applicant possesses all the qualifications necessary to take the licensing examination; and (6) Degree, diploma and transcript.

Question: What is the Visa Screen?

Answer: The VisaScreen certificate verifies that the foreign health care worker’s education, training, licensing, experience, and English competency are comparable to American health care workers. VisaScreen Certificates must be presented at the I-485 stage for applicants in the United States or at the consular interview for candidates who immigrant visa process at a U.S. consular post abroad.

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Another win for the Law Offices of Brian D. Lerner

Adjustment of status based on approved I-360 approved.  Client recently moved and Client’s manner of entry into the US was questionable (she may have entered with a false document), but still got AOS approved.

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How to get back into the U.S. after a deportation

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The K3 and the Pitfalls people don’t know about

K3

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Another Win at the Law Offices of Brian D. Lerner

Motion to Reopen granted. Client received asylum over 10 years ago, but left U.S. prior to adjusting status. Returned on Visitor Visa and removal proceedings were instituted. Client received deportation order in absentia. Afraid to go back to home country. MTR granted giving an opportunity to fight case and reinstate and/or reapply for Asylum.

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Immigration Lawyer Brian Lerner can prepare any type of immigration petition. As an experienced 20 year Immigration Lawyer, he can represent you in removal proceedings, prepare adjustments, visa petitions, appeals and waivers.

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