Prosecutorial Discretion granted for a family of 3; father, mother and daughter. Parents had applied for cancellation of removal for non Lawful Permanent Residents, but they did not have a very strong case. Daughter also applied but did not have a qualifying relative, so she needed one of her parents to be granted.
Filed under: Immigration Attorney | Tagged: Brian D. Lerner, brian lerner, Immigration Attorney, Immigration Lawyer, pd, prosecutorial discretion | 1 Comment »
I-751 Divorce Waiver approved. Client retained us after he had received an RFE on a joint I-751 but he had since separated from his wife. We filed the necessary documents and then appeared at his interview. A second RFE was issued requesting Client’s final divorce decree, a statement in his own words and a request to change the case from a joint filing to a divorce waiver. Case approved 1 year after 2nd RFE.
The Law Offices of Brian D. Lerner, APC
Filed under: Immigration Attorney | Tagged: Brian D. Lerner, brian lerner, Immigration Attorney, request for evidence, rfe | Leave a comment »
Criminal and immigration lawyers must work together to help you
Filed under: criminal relief | Tagged: #hangoutsonair, #hoa, Brian D. Lerner, brian lerner, california immigration, criminal relief, deportation attorney, deportation lawyer, Hangouts On Air, immigration crime, Immigration Lawyer, immigration waiver, Law Offices of Brian D. Lerner, los angeles immigration, spanish deportation attorney, spanish deportation lawyer, spanish immigration lawyer | Leave a comment »
AOS approved for Client who is from Mexico, is married to a USC and they have 6 children (including quintuplets). Client left the United States 2004/2005 and they’re 10 year bar waiver was denied (they didn’t have an attorney) or children at the time. He re entered the U.S. and then left in 2010 because he had no identification and wanted to avoid any issues with Immigration. Our office was retained for a humanitarian parole in 2011 based on one of their children being very very sick. His parole was approved and his I-94 indicated “Paroled in for AOS.” His case was approved today with no issues.
USCIS Inventory of employment based AOS cases pending at the service centers and field officers
Law Offices of Brian D. Lerner, APC
Filed under: Immigration Attorney | Tagged: adjusment of status, adjustment, Adjustment of Status, Brian D. Lerner, brian lerner, california immigration attorney, Immigration Attorney, Immigration Lawyer, immigration wins, los angeles immigration attorney | 2 Comments »
I’m in Deportation Proceedings. Can I apply for Cancellation of Removal?
Question: I’m in deportation proceedings and somebody stated I can apply for Cancellation of Removal. Can you shed some light on this and what is required?
Answer: The Attorney General may cancel the may cancel the removal of an Lawful Permanent Resident (LPR) if he or she: Has been “lawfully admitted for permanent residence” for 5 years, been physically present inside the United States for 7 years, is not convicted of an aggravated felony and in the discretion of the Immigration Judge, Cancellation of Removal should be granted.
Question: What is meant by being lawfully admitted for permanent Residence for 5 years?
Answer: On it’s face, it is fairly clear. It means when you have received your lawful permanent residency and you must have at least 5 years of residency upon applying for Cancellation of Removal. However, a person who obtained LPR status by fraud or mistake is deemed to have not been “lawfully admitted for permanent residence. An example would be where LPR status fraudulently obtained through bigamous marriage, respondent ineligible for cancellation. Other examples would be: Where petitioner fully disclosed his prior drug conviction but DHS granted AOS by mistake. A person given Voluntary Departure breaks the residency and would not have qualified if less than 5 years of residency. Basically you want to look at and determine if there was any fraud at the inception of obtaining residency. If you are not an actual resident now, this will also not work.
Question:What is meant by being physically present in the United States for 7 years?
Answer: Again, on its most basic level, this would apply assuming you entered the United States legally over 7 years ago. However, there are some issues. For example, continuous residence not required where the person has served in an active duty status in the Armed Forces for a minimum of 24 months and if separated, was honorably discharged, and was in the U.S. at the time of enlistment or induction.
Admission in “any status” includes admission as a temporary resident. The 7-year period must be continuous. Although physical presence is not the test, traveling back and to a foreign country will preclude you from establishing continuous residence. The 7-year period is deemed to end when the person is served with an Notice to Appear or has committed an offense that renders him or her inadmissible or removable Applicant may accrue a new 7 years when he sought to reenter as LPR after commission of a crime.
Question: What is meant by an aggravated Felony?
Answer: Since 1996, the definition of what is considered to be an aggravated felony has greatly increased. Therefore, if the Immigration Judge rules that you have committed and aggravated felon, then you will not be eligible for Cancellation of Removal for Lawful Permanent Residents. Now if you happen to have an undisputed aggravated felony, then it would be advisable to try to seek criminal relief on that particular crime so that you can either vacate it or reduce it so that you will not be considered an aggravated felon.
Question: If I do not meet either the 5 years of Lawful Permanent Residency, or the 7 years of physical presence, can I use the presence of my mother or father who would easily meet these requirements and add it to my current residency?
Answer: The Board of Immigration Appeals has held that a parent’s LPR status may not be imputed to give a child the necessary 5 years of LPR status to qualify for cancellation. It has been held that it is a reasonable construction of the statute to require each applicant to separately meet the residence requirements, and neither the 5 years of LPR status nor the 7 years of lawful admission requires the imputation of the parents’ residence to the child.
Question: What is meant by the stop-time rule?
Answer: This is basically if you commit a specified crime within either the 5 year residency requirement or the 7 year physical presence requirement, it stops the time from accruing, thereby possibly making you ineligible for Cancellation of Removal for Lawful Permanent Residents. Therefore, it would be critical to find out when the crime occurred and whether it renders you ineligible for Cancellation of Removal for Lawful Permanent Residents.
California immigration attorney
Special cancellation of removal
Filed under: Cancellation of Removal | Tagged: #hangoutsonair, #hoa, Brian D. Lerner, brian lerner, c/r, c/r for lprs, california immigration, cancellation, Cancellation of Removal, deportation attorney, deportation lawyer, Hangouts On Air, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles immigration, spanish deportation attorney, spanish deportation lawyer, spanish immigration lawyer | 1 Comment »
How a deportation attorney can help you win a cancellation of removal for non permanent residents
Filed under: Cancellation of Removal | Tagged: #hangoutsonair, #hoa, Brian D. Lerner, brian lerner, c/r, c/r for lprs, california immigration, cancellation, Cancellation of Removal, deportation attorney, deportation lawyer, Hangouts On Air, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles immigration, spanish deportation attorney, spanish deportation lawyer, spanish immigration lawyer | Leave a comment »
Filed under: Immigration Attorney | Tagged: 2013 immigration law, amnesty, Brian D. Lerner, brian lerner, california immigration attorney, california immigration lawyer, gang of 8, Immigration Attorney, Immigration Bill, Immigration Lawyer, immigration overhaul, Immigration Reform, new immigration law | Leave a comment »
Is Immigration Reform Actually Here?
Question: I heard that immigration reform is coming. Is this true?
Answer: As a framework for reform, this is closer than we’ve come in years to meaningful change.The Senate “Gang of Eight” for introducing its bipartisan immigration reform proposal, allowing the Senate Judiciary Committee to forge ahead on the “markup” process. A proposal like this is a necessary first step in any path forward to create a common-sense immigration system that will meet the needs of the U.S. economy, businesses, and families, and integrate into our society aspiring Americans who work hard and want only a better life for themselves and their families. Therefore, it is not law, but it is a great step forward.
Question: Is it a comprehensive immigration bill?
Answer: It seems to be both enforcement and benefit. It is the biggest immigration bill to come out in nearly 20 years.I In fact, the last big immigration bill was severely anti-immigrant. There was almost nothing to benefit immigrants. This one seems much more balanced. In many ways, the language contained in the 844 page legislation reflects key issues facing immigrants today and is necessary to any successful immigration reform, such as border and interior enforcement, legalization, backlog reduction, asylum, family unification, and both current and future business needs.
Question: Is this immigration bill the perfect solution for the broken immigration system?
Answer: No compromise measure ever is. Is it a good bill? Yes, for the most part it is, and perhaps it is even a great bill in some respects. We do see some further changes that are desirable, and as we delve more deeply into the details, I’m sure we’ll find some needed tweaks. But as a framework for reform, this is closer than we’ve come in years to meaningful change. This bill does not shy away from addressing the difficult issues embedded in current immigration policy. It’s a good start, and I hope that by continuing to work across the aisle, the Senate can pass a bill that will meet our nation’s needs and the House will follow suit.
Question: What do you think finally prompted Congress to make this immigration bill?
Answer: It was a myriad of things and events. However, the past election again of President Obama seems to have finally been the catalyst to move this procedure forward.
Comprehensive immigration reform
Filed under: Immigration Reform | Tagged: Brian D. Lerner, brian lerner, gang of 8, Immigration Attorney, Immigration Lawyer, Immigration Reform | 2 Comments »
K3 and waiver of 10 year bar granted
Filed under: K-3 | Tagged: Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, Immigration Lawyer, K-3, k3, k3 and adjustment, k3 visa, Law Offices of Brian D. Lerner, los angeles immigration, spanish deportation attorney, spanish deportation lawyer, spanish immigration lawyer, spouse visa | Leave a comment »
H-1B’s are almost ready to be filed. Don’t wait.
Question: I heard that H-1B’s are about to be able to be filed. What can I do?
Answer: First, April 1, 2013, the doors open again and new H-1B’s can be filed. It does take time to prepare a quality H-1B, so time is of the essence and you should either get started right away and start getting a sponsor right away.
Question: What exactly do I need for the H-1B?
Answer: The job must meet one of the following criteria to qualify as a specialty occupation:
Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position;
The degree requirement for the job is common to the industry or the job is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires a degree or its equivalent for the position; and the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
Question: What do I need to accept a job offer for an H-1B:
Answer: For you to qualify to accept a job offer in a specialty occupation you must meet one of the following criteria: Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university; Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation; Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment; have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
Question: Is a Labor Condition Application required?
Answer: Yes. The prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.
Question: Must I establish an employer-employee relationship?
Answer: The H-1B regulations currently require that a United States employer establish that it has an employer-employee relationship with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including: establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation; demonstrating that the beneficiary is qualified to perform services in the specialty occupation; and filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.
Filed under: H-1B | Tagged: Brian D. Lerner, brian lerner, H-1B, h-1b petition, h1b, Immigration Attorney, Immigration Lawyer, work petition, Work Visa | 3 Comments »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 