Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

CSPA and Adoption

Posted on September 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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Can I still Change my Status?

Posted on September 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I know that the immigration laws now only allow me to come into the U.S. on a Visitor Visa for only 30 days. I was planning to go to the U.S. to visit, and then later, if I found a good job offer, to change my status to some type of working status. Additionally, if I later decided, I was going to change my status to that of a student. Can I still do this?

Answer: It appears that it will be much more difficult to change your status in this type of situation. Normally, when visitors came to the U.S. under the B1/B2 Visa, they had six months. At some later point after entering, they would be able to change their status. Please note that some rumors have been spreading that there is no more change of status applications being accepted. This is simply not true. Rather, it is the effect of applying for a change of status once you enter the U.S. that is the problem.

Question: Can you elaborate on what exactly is the problem?

Answer: Actually, when you come in on a Visitor Visa, you are supposed to be doing exactly that. VISITING! That means going to Disneyland, visiting relatives, and having a good time. It does not mean going to school, getting a job or applying for the Green Card. If you come to the U.S. and within 30 days apply for a change of status to some other type of status such as student or worker, the INS may not believe that you intended to ever really visit the U.S. They may assume that you used the Visitor Visa as a means to get into the U.S. so that you could do what you really wanted to do (such as work or go to school.)

Question: What are the consequences of doing the change of status right after entering the U.S.?

Answer: First, they could deny your change of status application and you could go out of status. Next, the INS may very well assume that you committed fraud. That is, when you got the Visitor Visa and entered the U.S. that you did not really intend to visit, but rather, intended to go to school or to work in the United States. If that happens, you could be deported because you committed misrepresentation and fraud. The fraud will stay with you forever and never goes away. If you ever want to reenter the U.S., you will need to get a Fraud Waiver. Those are not easy waivers to obtain.

Question: What is the best way to avoid these drastic consequences?

Answer: First, the way that people come into the U.S. is probably going to change. You must decide whether you want to go to school or work since these are the options you might be considering. If you are intending on going to school, then you should get the I-20 and apply for the Student Visa from your home country. Then, when you enter the U.S., you will be entering as a Student, not a Visitor. Alternatively, if you want to work in the U.S., you should have your sponsor file the petition prior to you getting to the U.S. Therefore, you will not have any allegations by INS that you committed fraud. You need to be very careful if you come to the U.S. with a Visitor Visa and then change your status right away. Obviously, since you only will be getting 30 days in the U.S., you must strongly consider not getting a change of status in the U.S.

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Adoption through immigration unites families, giving children love, security, and a legal path to a brighter future.⁣ ⁣ #visa #immigration #immigrationlawyer #immigrationlawyer #deportation #immigrationlaw #Lawyer

Posted on September 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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My home and heart grew bigger today. So grateful for this international journey to bring you home. ⁣ ⁣ #adoptionislove #visa #immigration #immigrationlawyer #immigrationlawyer #deportation #immigrationlaw #Lawyer

Posted on September 10, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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K-1 Visa Requirement

Posted on September 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

via https://www.youtube.com/watch?v=Mxg0RAMRdPE

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K-1 Visa Requirement

Posted on September 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

via IFTTT

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Adoption through immigration creates lasting family bonds, offering children security, love, and a path to belonging.⁣ ⁣ #visa #immigration #immigrationlawyer #immigrationlawyer #deportation #immigrationlaw #Lawyer

Posted on September 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

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Are we moving closer to a Police State?

Posted on September 9, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard a lot about keeping better track of people from around the world who enter and exit the U.S. Earlier I thought I would never want to live in a country that has an Exit Visa System (like Cuba) and now it seems we may be implementing a similar system. Can you explain?

Answer: Pursuant to the Homeland Security Act of 2002, the Secretary of the Department of Homeland Security (DHS) is responsible for establishing an automated entry/exit system. The Department of Homeland Security has made the US-VISIT (United States Visitor and Immigrant Status Indicator Technology) program one of its top priorities. The US-VISIT, the Department’s automated entry/exit system, will expedite legitimate travelers, while making it more difficult for those intending to do us harm to enter our nation. The system is designed to collect, maintain, and share information, including biometric identifiers, through a dynamic system, on foreign nationals to determine whether the individual should be prohibited from entering the U.S.; Can receive, extend, change, or adjust immigration status; Has overstayed their visa; and/or needs special protection/attention (i.e., refugees); and enhance traffic flow for individuals entering or exiting the U.S. for legitimate purposes.

Question: What is meant by ‘legitimate’ purposes?

Answer: That is a difficult question to answer. While the DHS might believe it knows what ‘legitimate’ purposes means, over time, the definition might be expanded. While this procedure of an exit system does not apply to U.S. Citizens, we never know what might happen in the future. We must not give up our rights to fight for our freedom.

Question: Will there be some sort of identification given?

Answer: Secretary Ridge announced in April that the US-VISIT system will be capable of capturing and reading a biometric identifier at air and sea ports of entry before the end of 2003. This system is said to be capable of scanning travel documents and taking fingerprints and pictures of foreign nationals, which then could be checked against databases to determine whether the individual should be detained or questioned concerning possible terrorist or criminal involvement.

Question: What will the government do with this information?

Answer: The US-VISIT system will be implemented incrementally, but eventually will collect information on the arrival and departure of most foreign nationals such as: date; nationality; classification as an immigrant or non-immigrant; complete name; date of birth; citizenship; sex; passport number and country of issuance; country of residence; U.S. visa number, date and place of issuance (where applicable); alien registration number (where applicable); and complete address while in the United States. The information will be stored in databases maintained by DHS and the Department of State as part of an individual’s travel record.

The other system known as NSEERS is a system implemented to make certain that people in the U.S. who are not U.S. Citizens and are from countries around the world that the U.S. believes is involved in terrorist activities must register with the government before leaving. Again, while most of us do not believe it will affect us at the present time, the U.S. government is doing more and more things to affect the rights of people. That is why we must fight for our fellow immigrants and stand up when we believe that their rights have been violate. We do not know when the government might be at our doorstep.

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