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Another win for the Law Offices of Brian D. Lerner

Client, represented by her previous attorney, received a 6-page denial of her application for adjustment of status, with various allegations, including marriage fraud.  Our office, under a short deadline, prepared a motion to reopen arguing that there was no fraud and that our Client was eligible for adjustment based on her TPS status and her father’s I-130 petition.  Client can now remain in the U.S. with her husband and children, and can apply for naturalization in 5 years.

Another win for the Law Offices of Brian D. Lerner

Adjustment of status application approved for Client and his wife under 245(i) despite DUI and firearm convictions.

Another win for Law Offices of Brian D. Lerner

2011 removal order reopened based on 2 convictions that were vacated pursuant to California Penal Code § 1473.7. Because Client is no longer removable from the United States, proceedings were terminated and Client can now renew his permanent resident card and apply for naturalization/citizenship in the future.

Another win for Law Offices of Brian D. Lerner.

I-751, Petition to Remove Conditions on Residence, based on good faith marriage and subsequent divorce approved for Filipino client who separated from her husband shortly after their marriage, lived in separate states, and had little joint documentation.

Infants as Young as 5 Months Old Are Being Detained by ICE, Groups Claim

CBS News reports on a complaint filed yesterday, the American Immigration Council, and CLINIC regarding “an alarming increase in the number of infants” being held in ICE detention in Dilley, TX. The complaint states that infants have been subject to “lengthy delays in receiving medical attention and lack of appropriate follow-up treatment.” Physicians for Human Rights also sent a letter to DHS expressing “grave concern” about the infants’ detention and requesting their immediate release.

DOS Announces U.S. Embassy in Bogota Will Process Immigrant Visas for Residents of Venezuela

DOS announced that in light of the suspension of routine visa services at the U.S. Embassy in Caracas, Venezuela, the U.S. Embassy in Bogota, Colombia, has been designated as the primary site to process immigrant visas for residents of Venezuela. Nonimmigrant visa applications may be submitted at an embassy or consulate outside of Venezuela.

DOL Publishes Notice of Updates to Procedures for Processing H‑2B Applications

The DOL Office of Foreign Labor Certification (OFLC) published notice in the Federal Register that all applications filed on or after July 3, 2019, will be randomly ordered for processing based on the date of filing and the start date of work requested. The public may submit comments on these changes through April 2, 2019.

Senators in Call for Immigration Court Reform and Access to Counsel

The Immigration Court Improvement Act of 2019 would block DOJ from implementing the ‘quota system’ as a performance appraisal tool and put in place measures that would help shore up judicial independence, and the Fair Day in Court for Kids Act of 2019 would guarantee the appointment of counsel for unaccompanied children and strengthen legal orientation programs, among other important fixes.

FY2020 Cap-Subject H‑1B Petitions

USCIS will accept new H‑1B petitions subject to the annual quota for FY2020 starting on April 1, 2019

Court Holds Asylum Seekers Have Constitutional Right to Federal Court Review of Expedited Removal Orders

The Ninth Circuit reversed the district court’s dismissal of the habeas petition for lack of subject matter jurisdiction, holding that 8 USC §1252(e)(2) violates the Suspension Clause as applied to the petitioner, and remanded the case for the district court to exercise jurisdiction to consider the petitioner’s legal challenges to the procedures leading to his expedited removal order.