Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Waivers for historical convictions — pathway to lawful status.⁣ ⁣ #immigrationcriminalwaiver⁣ #immigrationwaiver⁣ #immigrationlawyer⁣ #immigrationlawfirm⁣ #immigrationlaw⁣ #criminalwaiver⁣ #212(h)

Posted on December 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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Where have my dreams have gone?

Posted on December 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I was just a little child when my parents came to the United States with my family. Our visas expired and I have been out of status for many years. I have done very well in high school and now want to attend college. Eventually, I want to become a doctor. However, at every turn is my illegal status. Unfortunately, colleges do not want to take me because I am here illegally. Now I have to work menial jobs and cannot realize my dreams of becoming a doctor and helping people. What can I do?

Answer: There may be a Bill in Congress that could soon become law. It is very much made for persons in your situation. Persons that are victims of the immigration laws and are stuck with nowhere to go. It is known as the DREAM Act. Last week it was in the Senate Judiciary Committee. By marking up and passing the DREAM Act (S. 1545), the Senate Judiciary Committee took an important step to remove one of the barriers that deserving children face in their quest to attend colleges and legalize their status in the United States.

The DREAM Act would return to the states the authority to determine who qualifies for in-state tuition. The bill also would legalize the status of those young people who meet certain criteria, including having good moral character and having lived in the U.S. for at least five years preceding the Act’s passage.

America benefits when all people have the opportunity to contribute to society and the economy. The DREAM Act will facilitate that opportunity for deserving kids, by removing some of the barriers to their attending college and gaining legal status. It not only makes economic sense, but it is the right thing to do.

Question: Did this Bill pass by a wide margin?

Answer: By a 16-3 vote, the Senate Judiciary Committee passed the DREAM Act (Development, Relief, and Education for Alien Minors Act of 2003), despite the strong efforts of restrictionists on and off Capitol Hill to defeat this measure. However, the bill passed only after the Committee approved a damaging amendment.

Question: Is the DREAM Act law?

Answer: No, not yet. Now it must go to the House to act on companion legislation, the Student Adjustment Act (H.R. 1684), introduced by Representatives Chris Cannon (R-UT), Howard Berman (D-CA), and Lucille Roybal-Allard (D-CA).

However, it does seem there is momentum for this Bill. Thus, we will see if it is passed. However, if you are in a situation where you need to have this type of legislation, help may soon be on its way.

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Reopen your future — seek waiver for old criminal convictions.⁣ ⁣ #immigrationcriminalwaiver⁣ #immigrationwaiver⁣ #immigrationlawyer⁣ #immigrationlawfirm⁣ #immigrationlaw⁣ #criminalwaiver⁣ #212(h)

Posted on December 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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Old crime waivers: clearing past convictions for immigration relief.⁣ ⁣ #immigrationcriminalwaiver⁣ #immigrationwaiver⁣ #immigrationlawyer⁣ #immigrationlawfirm⁣ #immigrationlaw⁣ #criminalwaiver⁣ #212(h)

Posted on December 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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Why do I have to wait so long to be with my U.S. Spouse?

Posted on December 15, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I just married my U.S. Citizen husband in my home country. I thought I could just go to the United States and live with him. However, I found out it is actually is going to take over one year to get back together with my husband. I am heartbroken. Is there anything I can do to speed up this process?

Answer: Yes. There is what is known as a K-Nonimmigrant as the Spouse or Child of a U.S. Citizen? The Legal Immigration Family Equity Act and its amendments (LIFE Act) established a new nonimmigrant category within the immigration law that allows the spouse or child of a U.S. citizen to be admitted to the United States in a nonimmigrant category. The admission allows the spouse or child to complete processing for permanent residence while in the United States. It also allows those admitted in the new category to have permission for employment while they await processing of their case to permanent resident status.

Question: Who is Eligible?

A person may receive a K-3 visa if that person: has concluded a valid marriage with a citizen of the United States; has a relative petition (Form I-130) filed by the U.S. citizen spouse for the person; seeks to enter the United States to await the approval of the petition and subsequent lawful permanent resident status, and, has an approved Form I-129F, Petition for Alien Fiancé, forwarded to the American consulate abroad where the alien wishes to apply for the K-3/K-4 visa. The consulate must be in the country in which the marriage to the U.S. citizen took place if the United States has a consulate which issues immigrant visas in that country. If the marriage took place in the United States, the designated consulate is the one with jurisdiction over the current residence of the alien spouse.

Question: Will I Get a Work Permit?

Answer: Persons in K-3 or K-4 status and applicants for adjustment to permanent resident status from K-3 or K-4 are eligible to apply for a work permit while their cases are pending.

Question: Can I Travel Outside the United States?

Answer: If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.