Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.
Posted on June 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Green card application granted for client who is married to a US citizen but had a deportation order from 1995. Client had two motions to reopen denied by the Immigration Court and his appeal was denied by the BIA. However, once at the 9th Circuit Court of Appeal, the Department of Homeland Security agreed remand and terminate his case so that he could apply for adjustment of status with USCIS. 20 years later, he is now a lawful permanent resident of the United States.
Posted on December 26, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the Eastern District of Pennsylvania held that a TPS beneficiary who is eligible for an immigrant visa and has an immigrant visa immediately available to him is eligible for adjustment of status under INA §245(a), notwithstanding having originally entered the U.S. without inspection.
Posted on March 27, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that adjustment of status (AOS) to lawful permanent residence constitutes an admission for purposes of deciding removability under §237(a)(2)(A)(iii), and that the crime of sodomy by force in violation of the Uniform Code of Military Justice is an aggravated felony.
Posted on January 17, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Another recent immigration win. AOS and 212(h) case granted by IJ Tabaddor. DHS waived appeal. Represented client throughout removal process; from when she was detained by ICE and placed in proceedings until she was granted permanent residency. Client was initially charged with inadmissibilty but later with removability once we submitted proof of her lawful entry. Client married her USC husband while in proceedings and we prepared and filed the I-130 which was approved after an RFE. She had several theft convictions, the most recent in 2009 with a 16 month sentence. Client and her co-sponsor testified in support of her applications. Court determined that testimony of husband and children and other witness was not necessary. http://ow.ly/sEOaU
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