Not Exhiausting Administrative Remedies is FATAL http://ping.fm/SB16z
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Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DREAM Act http://ping.fm/9rGlR
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BIA on grandfathered for 245(i)
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that an alien is not independently grandfathered for 245(i) adjustment simply by virtue of marriage to another alien who is grandfathered as a derivative beneficiary of a visa petition. Matter of Legaspi 25 I&N Dec. 328 (BIA 2010).
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Mexican National sentenced to 64 months in federal prison
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE press release announcing that Mario Ruiz-Toledo was sentenced to 64 months in federal prison for unlawfully returning to the U.S. after being deported, and eight years in state prison for burglary. The release includes information on the removal process for Ruiz-Toledo.
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(AAO) Processing Times as of December 1, 2010
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Administrative Appeals Office (AAO) Processing Times as of December 1, 2010.
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Administrative Appeals Office (AAO) updates and procedures
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Administrative Appeals Office (AAO) Liaison provides AAO updates and procedures. Additionally, practice tips on how to submit AAO inquiries and searching for AAO decisions are also provided.
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Aggravated Felony of “sexual abuse of a minor”
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that a conviction under N.J. State Ann. §2C:14-3(a) constituted the aggravated felony of “sexual abuse of a minor” under INA §101(a)(43) and that removal proceedings are not time-barred. (Restrepo v. Atty’ General of the U.S., 8/16/10)
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USCIS executive stakeholders meeting on Form I-9
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS executive summary issued from the 11/02/10 Verification Division stakeholders meeting on Form I-9. USCIS indicated that it will be drafting a Notice of Proposed Rulemaking (NPRM) for the Form I-9 and gave stakeholders an opportunity to comment on the Form I-9 process.
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Court remanded the Asylum case of a Falun Gong Practitioner
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court remanded the asylum case of a Falun Gong practitioner, finding that the evidence established that the petitioner was subject to a well-founded fear of persecution on return to China. (Qiu v. Holder, 7/12/10)
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Brazilian National Sentenced in $55 million Visa Fraud Conspiracy
Posted on December 7, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE press release announcing that Eduardo Dozzi Barbugli was sentenced to 20 months in federal prison and a money judgment of $55 million for his involvement in a visa fraud conspiracy. Barbugli will be subject to removal after he serves his sentence.
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