As of 12/2/11, USCIS receipted 9,497 petitions toward the 33,000 H-2B cap amount for FY2012. This count includes 8,240 approved and 1,257 pending petitions.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, H-2B Cap Count, Immigration Lawyer, USCIS | Leave a comment »
The court upheld the IJ’s adverse credibility determination and conclusion that Petitioner’s marriage was not entered into in good faith where petitioner and his ex-wife gave vastly divergent descriptions of their wedding day.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, CA1, I-751 Hardship Waiver, IJ, Immigration Lawyer, marriage entered not in good faith | Leave a comment »
The BIA held that the continuous residence/presence of an alien applying for cancellation ends under the stop-time rule upon service of an NTA, even if the NTA does not include the date and time of the initial hearing.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, BIA, Immigration Lawyer, NTA, Stop-Time Rule | Leave a comment »
The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, §101(a)(13)(C), BIA, Burden of Proof, Immigration Lawyer, LPR | Leave a comment »
USCIS press release announcing that the first release of Transformation, which was scheduled for December 2011, will be delayed due to incomplete testing of the system.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, Immigration Lawyer, Transformation, USCIS | Leave a comment »
The court found jurisdiction to review the BIA’s order remanding for a grant of voluntary departure, but prudentially declined to exercise jurisdiction in light of Dada and 8 CFR §1240.26(b)(1)(i)(D).
Filed under: Immigration Attorney | Tagged: 8 CFR §1240.26(b)(1)(i)(D), Atty.Brian D. Lerner, BIA, CA4, Immigration Lawyer, Voluntary Departure | Leave a comment »
The en banc panel affirmed the CO’s denial finding that the term “begin the recruitment” in 20 CFR 656.40(c) refers to the commencement of the first recruitment step, not to the commencement of any individual recruitment step.
Filed under: Immigration Attorney | Tagged: 20 CFR §656.40(c), Atty.Brian D. Lerner, BALCA, CO, Immigration Lawyer, recruitment | Leave a comment »
Over dissent, the court found that where Petitioner unintentionally drove into Mexico without advance parole, he did not abandon his NACARA adjustment of status because 8 CFR §245.13(k)(1) applies only to “desired” departures.
Filed under: Immigration Attorney | Tagged: 8 CFR §245.13(k)(1), AOS, Atty.Brian D. Lerner, CA9, Immigration Lawyer, NACARA | Leave a comment »
USCIS press release reminding stakeholders that after 12/2/11, certain naturalization and citizenship forms that are received at local and district offices will no longer be forward to the appropriate USCIS lockbox facility.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, Citizenship, Immigration Lawyer, N-Forms, Naturalization, USCIS | 2 Comments »
The court found insufficient evidence that MS-13 targeted Petitioner on account of his Christian beliefs, finding instead that the evidence supported the conclusion that the threats were based on his refusal to join the gang.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, CA7, Immigration Lawyer, MS-13 | Leave a comment »
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