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An alien who is inadmissible under section 212(a)(9)(C)(i) of the
> Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006), is
> ineligible for adjustment of status under section 245(i) of the Act, 8 U.S.C.
> § 1255(i) (2006). Matter of Briones, 24 I&N Dec.355 (BIA 2007), reaffirmed.
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| A frank and captivating interview from Los Angeles Southern California Immigration Attorney, Brian D. Lerner |
| Date Released: 01/16/2010 |
 Southern California Immigration Lawyer in Los Angeles An interview with Brian D. Lerner who is a Southern California Los Angeles Immigration Lawyer.
Question : howdy Mr. Lerner, I’m happy that we could have this interview. How long have you been a Southern Californ LA Immigration Attorney? Answer : I’ve been a L. A. Southern Calfornia Immigration lawyer for many years. In fact, I was licensed in 1992. Many years I passed a rigorous exam and intensive experience requirements by the State Bar of California, Board of Legal Specialization. While I am a LA Southern California Immigration Lawyer, I could be a licensed specialist in Immigration and Nationality Law for the entire State of California. Additionally, I’ve been admitted to Circuit Courts of Appeal all over the united states and can help folks anywhere in the US. Question : As a Los Angeles Southern California Immigration Attorney, what kinds of cases do you take? Answer : I can handle the hardest of immigration cases arising from business visas, work authorizes, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all other areas of immigration. Generally, if the case is straightforward, it doesn’t come into my office. However , I help all ranges of folk in need as a L. A. Immigration lawyer. I help the individual that must do a marriage petition, to the person in deportation, to the person who needs a Waiver of Inadmissibility to the person who needs to get the Green Card from employment. I also help many individuals in deportation or removal proceedings. Many times these folks have led productive lives except for a mistake many years ago and now they are having to pay the cost. There is no reason to give up. There are many ways of fighting a deportation case so as not to be deported for the rest of their lives in some cases. We will be able to do criminal relief and return to Criminal Court to vacate and/or vacate the crime so that specific person isn’t an aggravated felon. In addition, there are different types of relief in Immigration Court such as adjustment of standing, cancellation of removal for lawful permanent residents, cancellation of removal for non-permanent residents, political asylum, convention against torture, withholding of removal, termination of the case, naturalization amongst others. We can also try to argue the official language of the conviction does not rise to the level claimed by immigration. All I am able to say is ‘don’t give up’. We will fight for you. Question: What is it like to know and be able to represent people in deportation proceedings? Answer: While I am a Los Angeles Immigration Attorney who is a Certified Specialist in Immigration and Nationality Law, I have helped people in deportation proceedings for years. Essentially, as a deportation attorney, I am able to take a seemingly hopeless case and find the gray area of the law that I can argue why the person in deportation should have the proceedings terminated, or if he or she is an aggravated felon, to argue why the statute is not applicable to them. Additionally, my firm has significant successes in asylum, cancellation of removal, adjustment of status and convention against torture application. Question : As an Immigration Attorney in Southern California, did you get your education in California? Answer : Yes, i received my B.S. Degree in Business Administration, with importance on PC information Systems, from the college of Southern California. I then graduated from the university of the Pacific, McGeorge school of Law with a Juris Doctorate degree. I’ve always practiced in California and have clients all over the State of California. However , as a Los Angeles Immigration counsel, my offices have always been in the L. A. Area. Question : Are you admitted to the U.S. Supreme Court? Answer : Yes, I’m admitted to the united states Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 11th, 10th, 9th, 8th, 7th, 6th, 5th, 4th, third, 2nd and 1st Circuits. This implies that even though I am a Los Angeles Immigration Lawyer, I am able to prepare and file all Circuit Court of Appeals and U.S. Supreme court cases in the majority of the US As for all immigration matters at the Immigration Courts, USCIS, BICE, BCBP, BALCA, dept of work, and the Board of Immigration Appeals. My firm can prepare all matters in each state in the US, Puerto Rico and Guam. As a Los Angeles Southern California Immigration Attorney, I have traveled all over the united states to help folks with their immigration needs. Question : What do you have got to say in conclusion as a Southern California Immigration Attorney in Los Angeles? Answer: I’ll handle the hardest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. I am frequently present in immigration court, representing people in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. I have prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at the Bureau of Citizenship and Immigration Services. He has appealed and argued cases in the Circuit Court of Appeals all over the United States. I have prepared business visas for individuals from all around the world. Our firm has clients from practically each continent on Earth. My visa experience extends to Treaty Traders, Treaty backers, Intercompany Transferees, Speciality Occupations, coaching programs, and NAFTA visas. I have extensive experience in nearly all other sorts of visas issued. Additionally to all of those items while I have been an Immigration lawyer in L. A. , I have prepared enterprise Manager, countrywide Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners. My clients are from all over the U. S. and many states around the world. Immigration Law is Fed. Law. although I am a Los Angeles Immigration Attorney, a petition or application would be prepared the same in Texas, Florida, or any other State as it might in California. It is more critical for you to be sure that you have an expert solicitor in Immigration Law prepare your case, instead of a barrister who turns out to be local. There is too much at stake to just give your case to anyone. As a Los Angeles Immigration attorney, I am going to fight for you and your folks. Since I am married to an immigrant himself, I am committed to helping folks from all around the world to come to the U. S. to realize their dream. Question : Thank you very much Mr. Lerner for taking the time to give us this interview. I’m certain that people have many questions for you and would like to make contact with you and learn how to get a consultation. What can they do? Answer : They can call my office at 562-495-0554 or Toll-Free at 866-495-0554. Additionally, they can e-mail me their questions at blernercaliforniaimmigration.us or visit out website at http://www.californiaimmigration.us. I also can give Phone Consultations and even Rush Consultations if required. Eventually, for those people who do what another option, I can give them a web video consultation where they don’t even have to have a camera on their side. I’d simply ask that they contact me so I’ll do my utmost to help them and their families. |
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Question: I became a Lawful Permanent Resident several years ago, and am very grateful. However, there are several persons that I know that are not so lucky. They are still fighting to obtain legal residency in the U.S. Some are in deportation proceedings. Some are hiding in the shadows of America. Some are fearing everywhere they go. Are there any new leaders in Congress and should we give thanks of an elusive freedom that is so difficult to obtain?
Answer: Recently, the President of the American Immigration Lawyers Association (AILA) wrote on this subject. I think it best to simply quote him. He states:
‘From the moment that terrorists attacked the United States last September, AILA has consistently supported measures legitimately required to guarantee our national security without eroding the fundamental rights guaranteed by the Constitution.
AILA gratefully recognized President George W. Bush’s leadership when he reminded the nation that neither the Arabic community in the United States, nor the members of the Islamic faith throughout the world, are in any way responsible for the terrorist acts of criminals. And AILA called on leaders from both sides of the aisle to put the national interest above partisan considerations.
Midterm Congressional elections are eminent, and the siren song of perceived political advantage has started to separate the opportunists from the statesmen. Events of the last few days have, as they say, given opportunism a bad name.
On June 20, the Dallas Morning Herald quoted Representative George Gekas, Chair of the House Subcommittee on Immigration, Border Security, and Claims (noting Census Bureau estimates that the undocumented population tops 8 million), as saying: “There are thousands among those millions, perhaps millions among those millions, who have exactly that kind of mind set . . . to become terrorists.”
Term limits resulted in Lamar Smith relinquishing the Immigration Subcommittee Chair in 2000. While never an immigration advocate, George Gekas, it was said, was no Lamar Smith. Could he possibly believe that there are millions of terrorists lurking among us? Had the Chair misspoken or had he unearthed an opportunist’s play book and thus signaled a sea change? Perhaps significantly, Mr. Gekas retained Smith’s subcommittee staff. And, to Mr. Gekas’s evident surprise, reapportionment has made his District more competitive, thus resulting in a serious challenge; he now must fight to win an 11th term.
Our answer came soon enough. On June 26, 2002, Mr. Gekas introduced the “Securing America’s Future through Enforcement Reform (SAFER) Act” (H.R. 5013).
SAFER is a cynical amalgam. It is over 200 pages long, but much of it can be categorized as: (1) piling on (in increasing penalties for offenses that may already be substantial); (2) redundant; and (3) grandstanding (taking credit for proposals that may eventually be enacted in other legislation). To be sure, SAFER contains some novel twists that are more than a little offensive and more than a little dangerous. (Mr. Gekas’s summary of SAFER was posted on the News Flash section of InfoNet and will remain available as Doc. No. 02062731; the text of the full bill will be posted as soon as it becomes available.) Legislatively, SAFER is irresponsible, but as its sponsors well know, it is also DOA. However, that is not the point. The point is that the political calculations were made and Representative Gekas cast his lot; he has bought FAIR’s agenda of Fear and Loathing wholesale.
This week we celebrate our independence. The first July 4th after September 11, 2001 promises to be especially poignant. It is a particularly appropriate time to rejoice in America’s liberty and diversity and to remember the sacrifices of our people, who for four centuries, have come to these shores from every corner of the world to cultivate, nurture and defend our freedom and way of life. America is immigrants and the children of immigrants. This year a second day is just as important as July 4th to validate and affirm our nation’s freedom: our election day, Tuesday, November 5.
I trust that on this July 4th we will hear and think a lot about fundamental American values. Between now and November 5 we must redouble our efforts to preserve these values. No one is better equipped to rebut anti-immigrant rhetoric than AILA attorneys. Don’t let mindless or hateful rhetoric go unchallenged. Write Opinion pieces and Letters to the Editor and be proactive in encouraging your clients to do the same. Go back to the basics–actively support candidates who have the courage to stand up for fundamental American values, immigrant rights and the rule of law. Encourage each of your eligible clients to naturalize, to register, and to vote. (A brochure, in both English and Spanish, with state-by-state voter registration information can be found on the InfoNet–go to “Advocacy Center,” then click on “Take Action” followed by “Vote Drive”). And oppose the politicians who have cynically chosen to use this moment of national crisis to undermine our heritage as a nation of immigrants, who would curtail the fundamental freedoms guaranteed by the Constitution. Write a check, support our friends and be sure that our foes pay the price. The tools you need are at your fingertips, through InfoNet.
The late North Carolina Congressman Richardson Preyer would began a campaign by telling the troops “It’s bumper sticker, door bell ringing time again.” So it is. Let us begin.’
Let us never take for granted the freedoms which we enjoy. There are people in our very backyard who will attempt to limit those freedoms and take them away from us.
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Question: I have been here in the U.S. since I was six years old. About 12 years ago, I committed a drug crime of possession for sale. I was sentenced to 4 months. Now, all these years later, I have been put into removal proceedings where INS is trying to deport me. I have been told that I am an aggravated felon and there is nothing I can do. I have further been told that I will most likely be deported away from my family including my U.S. Citizen spouse and three U.S. Citizen Children. I have never done anything else criminally and it was just a stupid mistake when I was young. I have changed, have a good job, a family with U.S. Citizens and many community ties. Is there anything I can do?
Answer: As the law stands now, there is very little you can do. This is a result of the 1996 laws which increased dramatically the laws on what was considered to be an aggravated felony. It has torn families apart for many years since 1996. People who have become long term residents in the U.S. and have their Green Cards found out it did not make any difference. They were still deported. Furthermore, they found out that they were barred from coming back into the U.S. for the rest of their lives. Congress has seen all the suffering caused by the unfair and anti-immigration laws of 1996 and just this week the House Judiciary Committee passed the 2002 Due Process Reform Bill. While it still must be passed by the Senate and signed by the President, it is an excellent step in giving back some of the due process rights lost by long term residents who were put in deportation proceedings because of various crimes.
Question: How does this particular bill help me?
Answer: Please note that the Senate might change some of the provisions, or the President might require some alternate items in the bill. However, as the bill stands now, it applies specifically to people who previously had their Green Cards. They were or are going to be placed into deportation or removal proceedings because of a crime they committed. They are considered to be an aggravated felons and do not qualify for the normal Cancellation of Removal.
Question: What is Cancellation of Removal?
Answer: Prior to this bill there was a section of the bill referred to as Cancellation of Removal for Certain Lawful Permanent Residents. Generally, you had to have your Green Card for at least five-years and be physically present in the U.S. for at least seven-years. Finally, and this is the item that disqualified numerous people, is that you cannot be convicted of an aggravated felony.
Question: What does the new bill allow?
Answer: Basically it deals with the Cancellation of Removal for people who have committed aggravated felonies. In the new bill, it expands the Cancellation of Removal so that it allows people whom have been convicted of aggravated felonies to still keep their Green Cards and stay in the U.S. It deals with three different scenarios. First, people who have been convicted of a non violent aggravated felony. Second, people who were convicted of a violent aggravated felony. Finally, people who have been convicted of an aggravated felony and came to the U.S. as a young child. Each of these provisions allows a person to remain in the U.S. and to not be deported if the Judge grants the Cancellation of Removal. Therefore, this is a very big step toward restoring some of the harsh anti-immigrant provisions of the 1996 law. Hopefully, this trend will continue so that families can be reunited and the tearing apart of immigrant families will stop. .
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Question: I have been in the United States for 13 years and have worked illegally the entire time. My boss just came to me last week and said the Social Security Department has sent him notification that there is something wrong with my Social Security Number and that he must terminate my position. Two days later I got a letter from the Immigration and Naturalization Service that I am in deportation proceedings. Do I have any hope?
Answer: First, the Social Security Department has been getting much stricter on notifying employers when a Social Security Card does not match the employees information. Previously, they had done this only when there was an employer with a large amount of employees who had incorrect information (e.g., fake social security cards.) However, in the current world we live in, they are now sending employers the request for confirmation of the Social Security Card if a single employee’s information does not match. Under the immigration laws, they are then forbidden to keep the employee hired without violating the law.
Unfortunately, you are now in Removal Proceedings and the INS will try to have you deported. Fortunately, the United States has several options for people in Removal (or deportation) Proceedings even if they have worked out of status and are here in the United States illegally. There is what is known as Cancellation of Removal. In order to qualify for this type of relief, you need several things. First, you must have been physically present in the United States for at least ten years. Secondly, you must have good moral character. Finally, you must have an immediate Lawful Permanent Resident Relative or United States Citizen who will suffer extreme hardship if you are deported or removed from the United States.
Question: I do have two United States Citizen Children. However, how would I possibly show or prove that they would suffer extreme hardship if I were deported?
Answer: You have actually hit on the most difficult part of a Cancellation of Removal case. It is showing the extreme hardship. Previously, if you had children that were of at least five or six years old, it was not difficult to prove this issue. Then the Board of Immigration Appeals came out with a case that basically made it incredibly difficult to meet the extreme hardship burden. Recently, the Board of Immigration Appeals has seemed to back off of such a stringent interpretation of the issue of showing extreme hardship. It is known as the Recinas case and was decided less than one month ago. In fact, the exact terminology that you must consider is ‘exceptional and extremely unusual’ hardship. Therefore, the hardship associated with a normal deportation will not suffice. However, under Recinas, you do not need to show that the hardship would be unconscionable. In deciding a Cancellation of Removal claim, consideration and evidence should be given to the age, health and circumstances of the family members. Some of the factors would include how a lower standard of living or adverse country conditions in the country of return might affect those relatives.
Question: What type of factors should I present to show the hardship?
Answer: In addition to the above, try to show all U.S. Citizen family members who interact with your children (such as a Grandmother or Grandfather.) Present evidence on how little knowledge they have of their home country, or how they may not know the language and culture of the home country. Present evidence showing financial, emotional and medical hardships. Also, show that there are no other realistic means for you to ever immigrate to the U.S. again. Basically, it is not easy to obtain Cancellation of Removal, but if all the evidence is presented and all of the different factors are taken into account regarding the hardship, there is a chance you will be granted your Lawful Permanent Residence based upon Cancellation of Removal.
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