Posted on December 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
More judges will conduct asylum hearings via teleconferencing. The newest expansion has judges assigned to an adjudication center in Fort Worth, Texas. Like the tent facilities, this is closed to the public, making lawyers concerned about the transparency of the process. Access to the tent courts is closed generally, but CBP stated that it will be “assessed on a case-by-case basis when operationally feasible.”
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Posted on December 10, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced online registration for the H-1B lottery. On December 6, USCIS announced that registration for the 2021 H-1B lottery will take place online. Employers who want to file cap-subject petitions must register online and pay the $10 registration fee. Employers will only need to give basic information on both the employer and requested worker. If selected by the lottery, the employer will then file a full petition. The initial registration period will be from March 1 through March 20, 2020.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Forbes reports that U.S. consular officers are making it extremely difficult, and in some cases nearly impossible, for U.S. companies to transfer their employees from India to America on L‑1 visas. Companies say the extremely high rate of visa refusals is increasing company costs, wasting company time that should be spent serving customers, and making it highly unpredictable to conduct business and manage personnel.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Two Central American men were staying at a camp run by a humanitarian group in Arizona. This lead to the arrest of Scott Warren, the activist running the camp, for allegedly illegally harboring immigrants. After a long battle in court, including a mistrial last year, he was acquitted on Wednesday. The prosecutor argued that Warren was helping the men hide from authorities, while Warren argued that his humanitarian work aims to keep people from dying in the desert, and he was “orienting” the men before they went on their way. In the end, the jury came out in Warren’s favor. After the verdict, the U.S. attorney said that the government would continue to prosecute those who harbor immigrants, whether for money or “a misguided sense of social justice.”
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Filed under: illegal immigrants | Tagged: border patrol, illegally harboring aliens, Immigration, Immigration Attorney, Immigration Lawyer, undocumented aliens | Leave a comment »
Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Electronic Frontier Foundation (EFF) filed a lawsuit against the Trump administration on November 12 to compel the government to release documents under the Freedom of Information Act (FOIA). Specifically, EFF is looking for information on “the number of individuals whose DNA had been collected, the accuracy of DNA matches, and the exact gene processing used to identify parent-child relationships.” The DNA testing used by the government claims to have results within 90 minutes, which has raised some questions on accuracy. Additionally, though the government claims that the DNA tests are voluntary based on consent forms, EFF has concerns about coercion. According to EFF, the consent forms claim that refusing a DNA test can result in family separation. Right now, the lawsuit is only about getting information under FOIA.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The EB-5 visa allows foreign nationals who make a significant investment in a U.S. company and help create jobs to immigrate to the United States. For the last 30 years, the amount of investment required was $500,000. On November 21, the amount required was raised to $900,000. The program has been criticized by some for corruption and not actually creating jobs where they are needed. In addition to the increased financial requirement which aims to address these concerns, the government will be conducting more oversight on EB-5 investment projects.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs, those asylum seekers would have arrived in the U.S. before the rule went into effect.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Trump administration issued a rule in mid-July that required asylum seekers who traveled through other countries on the way to the U.S. border to first seek asylum in those countries. In practice, this meant that those arriving in Mexico would need to seek asylum in Mexico first. Asylum seekers who had already presented at the U.S. border but were sent back to Mexico to wait were being processed under the new rule and denied the ability to apply for asylum. A federal judge in California ruled that the rule does not apply to asylum seekers who arrived at the U.S. border prior to the rule’s existence. If not for the “metering” policy the U.S. employs, those asylum seekers would have arrived in the U.S. before the rule went into effect.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Up until now, the U.S. has been crafting “safe third country”-like agreements with countries like Guatemala, requiring asylum seekers to apply for asylum in those countries if they pass through them on the way to the U.S. The Trump administration published a rule in the Federal Register on November 19 that makes it possible for the U.S. to send asylum seekers to other countries, even if the asylum seeker never passed through those countries. This step is one more that will decrease the amount of asylum seekers coming to the U.S. Under the new rule, asylum seekers being sent to another country will have to prove that “more likely than not,” they will be persecuted in that country- a high bar to pass. The fast-tracked rule was published and made effective on November 19, and is open for comment until December 19.
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Posted on November 25, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Up until now, the U.S. has been crafting “safe third country”-like agreements with countries like Guatemala, requiring asylum seekers to apply for asylum in those countries if they pass through them on the way to the U.S. The Trump administration published a rule in the Federal Register on November 19 that makes it possible for the U.S. to send asylum seekers to other countries, even if the asylum seeker never passed through those countries. This step is one more that will decrease the amount of asylum seekers coming to the U.S. Under the new rule, asylum seekers being sent to another country will have to prove that “more likely than not,” they will be persecuted in that country- a high bar to pass. The fast-tracked rule was published and made effective on November 19, and is open for comment until December 19.
Filed under: best deportation attorney | Tagged: asylum, new asylum rules, third country, trump | Leave a comment »
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