• Hours & Info

    3233 E. Broadway,
    Long Beach, CA 90803
    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.

  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

Is the U.S. engaging in Racial Profiling?

Posted on September 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

December 16, 2002 was the first “special registration call-in” program deadline. The program deadline required all males 16 years of age or older, who are citizens or nationals of one of five designated countries, and who entered the US as non-immigrants before September 10, 2002, to have registered to be fingerprinted and photographed.

A subsequent January 10, 2003 deadline applies to nationals from 13 more countries, and a February 21, 2003 deadline applies to nationals from another two countries.

This measure is yet another false solution to a real problem. Call-in registration offers us little protection because it targets people based on national origin, race and religion, rather than on intelligence information, and alienates the very communities whose cooperation we need. To make matters worse, the registration process is being wrongly applied. Instead of identifying terrorists, the INS in some local offices has used the special registration procedure to identify and detain people who are on the path to permanent residence, but are “out of status” — sometimes through no fault of their own. It makes no sense from security or resource perspectives to target people who eventually will be granted lawful status.

Not only is the call-in registration program ill-conceived, it also is being wrongly and ineffectively implemented and diverts law enforcement resources from initiatives that effectively enhance our security. The Department of Justice has not given the INS the necessary staff and resources to do its job and has not effectively disseminated information about the program. The paucity of information will make it likely that otherwise law-abiding people will not register or will fail to comply with program requirements and, therefore, be considered “per se” guilty of a criminal misdemeanor, deportable, and permanently barred from ever reentering the U.S.

Right now, it is only people from the designated countries that are targeted for this type of Special Registration. However, maybe next month, it will be another 10 countries and the month after another 10 countries. Eventually, the U.S. government might start having people who have relatives born in certain countries register. Eventually, the U.S. government might have U.S. Citizens register.

We must fight for civil liberties and constitutional due process for people here in the U.S. Of course no one wants there to be another terrorist attack. However, it is not real likely that a terrorist is going to go and Special Register. Therefore, the people whom are most likely to commit the terrorist acts are the very ones who will most likely not comply with the Special Registration requirements.

For many people in the U.S., this Special Registration is of no concern to them and they simply paint with a broad brush and state that we must prevent terrorism and that this is necessary. The critical concern is that it is the liberty and freedom of the United States that makes this country the best place on Earth to live. If that freedom and liberty is chipped away at, then the foundation of our country begins to erode.

We must do what is necessary to fight terrorism, but not impinge upon the duly protected constitutional rights of people. We must keep our civil rights and help those that are simply trying to make better lives for themselves. We must not target people and treat them unfairly simply because the color of their skin is different or there national origin is different. Otherwise, the terrorists have won.

https://cbocalbos.wordpress.com/tag/u-s-citizen-discrimination-case/

https://cbocalbos.wordpress.com/tag/u-s-citizen-discrimination-case/

https://cbocalbos.wordpress.com/tag/employment-discrimination/

https://californiaimmigration.us/information-regarding-filing-complaints-of-discrimination-civil-rights-violations-and-racial-profiling-towards-immigrants

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

So many Student Visa Regulations! What do I do?

Posted on September 17, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a foreign student, but am finding it difficult to maneuver around the new Student Visa Regulations. Can you help to clarify?

Answer: On January 1, 2003, “Retention and Reporting of Information for F, J, and M Nonimmigrants; Student and Exchange Visitor Information System (SEVIS)” went into effect. There are many changes for students.

Question: Under SEVIS, are they any changes for practical training?

Answer: F-1 students now become eligible for a new one-year period of post completion optional practical training (“OPT”) when a student changes to a higher educational level. Under the new rules, a student could receive one year of OPT upon completing a Bachelors, then get an additional one year OPT for Masters, and then, if the student newly enrolls in a Doctoral program, the F-1 can get a third year of post completion OPT once the Ph.D. is completed.

Question: What about my spouse who is on F2? Can she continue to go to school?

Answer: The new rule states that F-2 dependents may not be enrolled full-time in a degree granting course of post-secondary study. F-2 dependents may be enrolled in elementary and secondary school or any a vocational or recreational studies. There is no grandfathering of current F-2s enrolled in college, and all such F-2s must have applied for a change of status to F-1 by March 11, 2003.

Question: What is the obligation of the school at this point under SEVIS?

Answer: The school must report the following within 21 days: failure to maintain F-1 status or complete educational program, change in address or name, graduation early or prior to program end date on SEVIS I-20, disciplinary action taken by school. Each semester and no later than 30 days after the deadline for class registration, schools must report the following: whether the F-1 student has enrolled, identification of any F-1 student who has dropped below a full course of study without authorization, the current address of the F-1 student.

Question: What if I go out of status? Can I be reinstated?

Answer: There is a new rule for getting reinstated. Now, the student must apply for reinstatement not more than 5 months after being out of status. Or, if the application is outside of the 5-month limit, the student must establish that failure to timely file was the result of exceptional circumstances. To have a reinstatement approved, the student must show either that the violation of status resulted from circumstances beyond the student’s control or that the violation relates to a reduction in the student’s course load that would have been within a Designated School Official’s power to authorize and that failure to approve reinstatement would result in extreme hardship to the student.

Question: What if I cannot finish my coursework by the end of the date on the I-20?

Answer: The new rule requires that program extension must be requested by the student prior to the end date on the I-20. Any student who is unable to complete the educational program before the end date on the I-20, and does not request a program extension prior to the end date on the I-20, is out of status.

https://cbocalbos.wordpress.com/tag/f-1-student-

visa/https://atomic-temporary-10880024.wpcomstaging.com/tag/student-visa/

https://cbocalbos.wordpress.com/tag/expedited-student-visa-processing/

https://californiaimmigration.us/?s=student+visa

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

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.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Immigration Article: How to come to the U.S. without a degree or experience

Posted on September 3, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the U.S. many times, but only to get refused by the U.S. embassy. I have been told that I do not qualify for an H-1B or Specialty Occupation Work Visa because I do not have a college degree. I have been told that I cannot get a Labor Certification for the Green Card because I have no experience and I have been told that I cannot work on a Student Visa. I really want to come to the United States, but do not know how. Can you suggest any options?

Answer: Yes, there is a visa known as the H-3 Visa. It is known as the trainee visa. What this means is that you can come to the United States in order to get training in a field that interest you.

Question: Are you allowed to work on this visa?

Answer: First, the visa is not primarily for working. However, as long as there is a program that you will be trained, then work can be done in order to supplement and understand the training. Thus, there will be a portion of each day that will be devoted to working. You can get paid for this work.

Question: What if the company does not have a training program?

Answer: It is not necessary that they already have a training program. However, if they already have one in existence, then it would go smoother. However, the training program can be established for the first time so that you can come to the U.S. to get the training with the necessary work support to understand the training.

Question: What types of positions will qualify for the H-3 Visa?

Answer: There is not any particular position. That is why this is such a nice visa. It can be computer related, managerial related, medical, operational, clerking, warehousing, and so on.

Question: How long does this visa last for?

Answer: Normally, it lasts for up to two years. But you want to keep something in mind. First, as long as you leave the U.S. prior to the actual two years has been completed, you can return to the U.S. at any time afterwards with a valid visa. However, if you actually stay the entire two years, you must stay outside of the U.S. for six months.

Question: Is there anyway to change your status to another visa after you would get the H-3?

Answer: Yes, you can change or adjust your status when you’re on the H-3. For example, part of your training might be to complete your degree. Once that happened, then you could change for H-3 to H-1B which is a working visa. You could also change it to a myriad of different other types of visas. This visa is a very nice one for people in your situation and all you need is a company willing to sponsor you for this visa with the intention to train you for some type of position. You should inquire into this visa so that you are not stuck outside the U.S.

https://cbocalbos.wordpress.com/tag/immigrationattorney/

https://cbocalbos.wordpress.com/tag/american-immigration-attorney/

https://cbocalbos.wordpress.com/tag/immigrationlawyer/

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

The Visa with Multiple Faces

Posted on September 2, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have tried to come to the United States on different types of visas, but have been denied at each turn. I cannot get a Visitor Visa and do not qualify for an H-1B work visa. I have also been denied the Student Visa. Do you have any suggestions?

Answer: The J Visa is very versatile. One can come in on the J Visa for many types of purposes. For example, the J Visa is available for students, professors and research scholars, short-term scholars, trainees, specialists, foreign medical graduates, international and government visitors, teachers, camp counselors and au pairs.

Question: Can you explain in some more detail what is involved with these categories?

Answer: For the students, a J is available for persons going to colleges that have been approved with a J Program. Students under certain conditions are allowed to work.

A trainee is one of the more popular uses of the J Visa. A trainee as an individual participating in a structured training program conducted by the selecting sponsor. The primary purpose of the trainee category is to enhance the exchange visitor’s skills in his or her specialty or non-specialty occupation through participation in a structured training program and to improve the participant’s knowledge of American techniques, methodologies, or expertise. The following areas are available for issuance of the J-1 Visa. Arts and culture; information media and communications; education, social sciences; library science, counseling and social services; management, business, commerce and finance; health-related occupations; aviation; the sciences, engineering, architecture, mathematics, and industrial occupations; construction and building trades; agriculture, forestry and fishing; public administration and law; and various other occupations as specified by the sponsor.

A J-1 specialist is defined as an individual who is an expert in a field of specialized knowledge or skill coming to the United States for observing, consulting, or demonstrating special skills. This category does not include professors, research scholars, short-term scholars, or foreign physicians in training programs. This type of J-1 can by used in lieu of the H-1B.

The au pair program permits foreign nationals to enter the United States for up to one year to live with a U.S. host family and participate directly in the home life of the family while providing limited child care services and attending a U.S. post-secondary educational institution.

Professors and research scholars may be sponsored as J-1 exchange visitors to engage in research, teaching, lecturing, observing, or consulting at research facilities, museums, libraries, post-secondary accredited educational institutions, or similar institutions.

Foreign medical graduates sponsored by accredited academic institutions with designated exchange visitor programs may come to the United States as exchange visitors for the purposes of observation, consultation, teaching, or research.

Teachers may be sponsored as exchange visitors to teach full-time at accredited primary or secondary educational institutions.

Secondary school students may come to the United States as J exchange visitors for up to one year to study at a U.S. public or private secondary school, while living with a U.S. host family or at an accredited U.S. boarding school.150 Participants must pursue a full course of study at an accredited educational institution for at least one and not more than two academic semesters.

A camp counselor is an individual selected to be a counselor in a summer camp in the United States who imparts skills to American campers and information about his or her country or culture. Participation in camp counselor exchange programs is limited to foreign nationals who are at least 18 years old and are bona fide youth workers, students, teachers, or individuals with special skills.

The summer/student travel work program is a program that authorizes foreign university students to travel and work in the United States during their summer vacations to involve the students directly in daily life in this country through temporary employment opportunities.

As you can see, the J Visa offers many options. While there may be a two-year foreign residency requirement, many times this type of visa offers the only hope for getting into the U.S.

https://cbocalbos.wordpress.com/tag/a-visa/

https://cbocalbos.wordpress.com/tag/business-visa/

https://cbocalbos.wordpress.com/tag/change-of-status-to-student-visa/

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Immigration Article: Can I get an H-1B work permit as a Nurse?

Posted on July 24, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a Registered Nurse. However, while I know I can apply for the Green Card, that will take 1 ½ to 2 years. I know several of my RN friends who have been denied a work permit for a temporary visa while waiting for the Green Card. Is there anything that can be done to try to come into the U.S. on a temporary visa, or to change my status in the U.S. so that I can work relatively quickly as a nurse?

Answer: Actually you are correct. In the past, many people would apply for the H-1B or Specialty Occupation Work Visa. They were denied from the INS because they INS stated that to have an RN did not necessarily mean that they had to have a college degree. In order to qualify for the H-1B, you needed to prove that the position required the use of a college degree. Now, for the first time, INS has clarified through a nationwide memorandum on what type of cases an RN will qualify for the H-1B and in what cases they will not.

Question: Please clarify what type of RN positions will qualify for the H-1B?

 Answer: First, the typical RN usually requires a two-year degree as put forth by INS. In order to qualify for the H-1B, the nurses must show that the bachelors degree is common in the industry for the position; that the degree requirement is common to the industry for parallel nursing positions; that the employer normally requires a degree or its equivalent for the position; or the nature of the position’s 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 type of RN positions would meet such a qualification?

Answer: One example would be a Certified Advance Practice Registered Nurse or APRN. This simply means that the nurse has taken advanced courses and become certified in an area more complex than just an RN. To become certified in these areas usually requires that the person have a Bachelors degree. Some examples would be Clinical Nurse Specialists in acute care, adult, critical care, erotological, family, hospice and palliative care, neonatal, pediatric, psychiatric and mental health-adult, psychiatric and mental health-child and women’s health.

 Another example would include a Nurse Practitioner in acute care, adult, family, erotological, pediatric, psychiatric and mental health, neonatal and women’s health. Alternatively, other examples would be a Certified Registered Nurse Anesthetist or Certified Nurse-Midwife.

Question: What about nurses in administrative positions? Will they qualify for the H-1B?

Answer: According to the INS, upper level nursing managers should qualify for the H-1B. Typically, management requires a Bachelor’s Degree to work in such a position. Another administrative position would be a Nursing Services Administrator as they are generally supervisory level nurses who hold an RN and a graduate degree in nursing or health administration.

Question: What about nurses that have a lot of clinical related experience, but are not an advanced certified nurse, or are not in management positions? Will they still qualify for the H-1B?

Answer: In certain cases they will. These particular nurses would fall under the Nursing Specialty. INS acknowledges that an increasing number of nursing specialties, such as critical care and peri-operative (operating room) nurses require a higher degree of knowledge and skill than a typical RN or staff nurse position. Additionally, there are various certification examinations available to registered nurses who have sufficient clinical experience. Examples would include school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology and pediatrics. Of course, these and other positions must be proven to require the Bachelor’s degree and this can be done through various affidavits.

 Question: What if I qualify, except I do not have a valid state license because I do not have a Social Security Number?

Answer: Assuming you meet all the other qualifications, the INS will issue you the H-1B for one year so that you can get the Social Security Number to allow you to get the license.

Since nurses are in such high demand, and it takes so long to get the Green Card, this is a welcome development from the INS. Now, hopefully, more nurses will be allowed to come in on the H-1B to help the sick people of the United States in such desperate need of nursing care.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Retrogression: What it really means.

Posted on June 30, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a Perm Labor Certification that only took 3 months to get. However, now I am being told it will take years to actually get the Green Card. I am being told there is a “Quota Backlog” or “Retrogression“. What does this mean?

Answer: The Immigration and Nationality Act sets limits on how many green card visas may be issued each Fiscal Year (October 1 through September 30) in all visa categories. In addition, in the employment-based area where immigration is based on employment and not family relationships or investment, nationals of each country may obtain immigrant visas (i.e., a green card), in different preference categories (i.e., EB-1, EB-2, EB-3). The law further provides that no one country may have more than a specific percentage of the total number of visas available annually. If these limits are exceeded in a particular category, for a particular nationality, a waiting list is created and applicants are placed on the list according to the date of their case filing. This date is called a “Priority Date.” The priority date is the single, most important, factor in any immigration case.

Question: What are the EB categories of employment based visas?

Employment-Based First Preference (EB-1) includes: (1) Persons with extraordinary ability in the sciences, arts, education, business and athletics (persons who have risen to the top of their profession); (2) Outstanding professors and researchers; and (3) Multi-national executives and managers.

Employment-Based Second Preference (EB-2) includes: (1) Members of professions holding advanced degrees (Master’s or Ph.D.) (The position must be one that requires a Master’s or Ph.D. to perform the duties – the degree held by the individual does not determine whether or not it is an EB-2, rather it is the company’s job requirements. Additionally, the immigration regulations provide that a job which requires a minimum of a Bachelor’s degree PLUS a five years of progressively responsible experience will be considered equivalent to a Master’s level position and will qualify for EB-2.); and (2) Persons of exceptional ability in the sciences, art or business. Persons of exceptional ability are those who have a degree of expertise above that which is ordinarily expected.

Employment-Based Third Preference (EB-3) includes: (1) Professionals and skilled workers (bachelor’s degree or two years of training). The position must require a minimum of a bachelor degree or two years of training.

Other Workers includes positions that require less than two years of experience.

Question: What is the “Priority Date”?

Answer: If your category is employment-based and requires a labor certification, the priority date is established on the date a labor certification is filed with the State Workforce Agency. If your category is employment-based but does not require a labor certification, then the priority date is established on the date the CIS receives the I-140 Immigrant Visa Petition. However, the priority date does not attach to your case until the I-140 has been approved.

In order for an individual to obtain an immigrant visa, a visa number must be available to you. This is referred to as the priority date being “current.” The priority date is current if there is no backlog in the category, or if the priority date is on or before the date listed as current in the State Department’s monthly Visa Bulletin.

Question: Is there anyway I can expedite the process?

Answer: There is no way to get ahead on the list, other than filing an Immigrant Visa Petition in a higher preference category, provided that the individual and/or their position meet the criteria to do so. Otherwise, the individual must wait until eligible to apply along with others on the list before proceeding with filing the last step in the green card process. The last step is accomplished by filing an application to adjust status to that of a lawful permanent resident in the U.S., or by obtaining an immigrant visa at a U.S. Consulate abroad.

Question: What does it mean to be “current”?

Answer: If there is a “C” in your employment-based category on the Visa Bulletin, then there is no quota backlog and you may proceed with your I-485 adjustment application or immigrant visa application.

Question: my spouse was born in a different country than I as. Since the I-485 is based on my employment, does my spouse’s country of birth help me?

Answer: Your spouse’s country of birth may also be used to determine chargeability. For instance, if you were born in India, but your spouse was born in France and there is a quota backlog for India, but no quota backlog for France in your preference category, you and your spouse may proceed with your immigrant process based on your spouse’s country of birth.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Can I get a new visa in Mexico?

Posted on June 16, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I came here on an F1 Visa and later applied for a change of status to H-1B. However, I have been told that if I go back to the Philippines, that I must have an interview at the U.S. Embassy in the Philippines which could be denied (even though I was approved for the change of status.) Is there any way to get a visa in Mexico without having to go through the interview process in the Philippines?

Answer: There are several qualifications to be able to go to Mexico. Applicants seeking to renew their C1/D, D, F, H, I, J, L, M, O, P and R visas, if the initial visa was issued in the applicant’s home country or at one of the border posts in the past few years.

Applicants for visas that reflect a change of status (e.g., F1 to H1B or F1 to J), provided the applicant originally entered the US in other than B status and possesses an original change of status notice (I-797) from the Department of Homeland Security.

Applicants possessing B visas issued in their home country with annotations showing intent to change visa status, such as “Prospective Student.”

Question: Who Cannot Apply in Mexico?

Answer: Applicants who entered the U.S. with a B visa issued in their home country that changed status to another visa category, e.g., F, J, H1B, but the visa did not have an annotation indicating intent to change status.

Applicants who have been out of status in the U.S. having violated the terms of their visas or having overstayed the validity indicated on their I-94s.

A, B, E, G and Q visa applications, including renewals are not accepted from Third Country Nationals (TCN) that are not resident in the appropriate consular district.

Citizens of Iran, Sudan, Libya, Iraq, North Korea, Cuba and Syria.

Question: How can I go about making an interview appointment.

Answer: You can actually make it online at the website available 24 hours a day, 7 days a week at http://www.visa-usa.com.mx. In order to use the service the applicant must purchase a PIN for US$10.00 payable by Visa or Mastercard. Please note that the PIN will expire 10 days after the appointment date. If an appointment is not scheduled, the PIN will expire 90 days after purchase. The PIN provides for 3 scheduling opportunities so that an applicant can schedule an appointment and reschedule it up to 2 additional times if necessary. Appointments cannot be changed or cancelled within 5 business days of the appointment date.

For further information the US Embassy Mexico Customer Service Center is available Monday through Friday from 7am to 9pm Central and Saturday and Sunday from 9am – 3pm Central. There are several payment options for accessing the Customer Service Center, including a new option to pay by Visa or MasterCard via a toll-free number from the United States which is 1-900-476-1212 with a cost of US$1.25 per minute.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

PERM: 245(i): Am I or am I not under it?

Posted on May 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard a great deal of 245(i) and how people who are here illegally can still adjust status in order to obtain Lawful Permanent Residency. I can’t figure out who is under 245(i) and who is not. Can you explain?

Answer: In general, 245(i) allows someone who filed either a Labor Certification or a family based petition prior to April 30, 2001. They would pay $1,000 fine and then they can apply for adjustment of status.

Question: What if my sister applied for me and it will take another 12 years for the visa number to become current? Can I fall under 245(i) with another application?

Answer: Yes, 245(i) is ‘grandfathered’ and can be transferred to another quicker application (like PERM) and still be eligible under 245(i).

Question: What if the adjustment application is denied? Can I file another application and still be under 245(i)?

Answer: Yes. Regardless of how many applications you have, you can keep paying the $1,000 penalty fee along with the normal application fees until an adjustment application is approved.

Question: How about dependants of the person who qualifies for adjustment of status? Who exactly qualifies?

Answer: If the relationship existed at the time the application was filed, the spouse and children are grandfathered. This means that even if there is a divorce or the child becomes older than 21 years of age, they are still grandfathered.

However, if the relationship with the principal did not exist until after April 30, 2001, then the dependants do not independently qualify under 245(i), but rather, must apply with the principal alien. In other words, they are under 245(i) as long as the relationship still exists with the principal person.

If the principal person applied for adjustment of status and then gets married or has another dependant, that person cannot then apply for adjustment of status under 245(i).

Thus, whether you are grandfathered under 245(i) is of critical importance as to whether you can eventually apply for lawful permanent residency. Therefore, you need to be very careful in determining whether you qualify under the above referenced rules.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

PERM: Can I bring in my babysitter?

Posted on May 22, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I understand that PERM applications are greatly expediting the Labor Certification process. Could you let me know if I can bring my babysitter and domestic helper into the United States under the PERM program?

Answer: Yes, it is possible under PERM. It does require a significant amount of detailed documentation to be successfully file a PERM application for a domestic helper. Employers filing applications on behalf of live-in household domestic service workers must provide the following documentation:

First, a statement describing the household living accommodations which must include the following: (i) Whether the residence is a house or apartment; (ii) The number of rooms in the residence;(iii) The number of adults and children, and ages of the children residing in the household; and (iv) That free board and a private room not shared with any other person will be provided to the alien.

Next, thee should be two copies of the employment contract, each signed and dated prior to the filing of the application by both the employer and the alien (not by their attorneys or agents). The contract must clearly state: (i) The wages to be paid on an hourly and weekly basis; (ii) Total hours of employment per week, and exact hours of daily employment; (iii) That the alien is free to leave the employer’s premises during all non-work hours except the alien may work overtime if paid for the overtime at no less than the legally required hourly rate; (iv) That the alien will reside on the employer’s premises; (v) Complete details of the duties to be performed by the alien; (vi) The total amount of any money to be advanced by the employer with details of specific items, and the terms of repayment by the alien of any such advance by the employer; (vii) That in no event may the alien be required to give more than two weeks’ notice of intent to leave the employment contracted for and the employer must give the alien at least two weeks’ notice before terminating employment; (viii) That a duplicate contract has been furnished to the alien; (ix) That a private room and board will be provided at no cost to the worker; and (x) Any other agreement or conditions not specified on the Application for Permanent Employment Certification form.

Question: Does my domestic employee have to have past experience?

Answer: Yes. There should be documentation of the alien’s paid experience in the form of statements from past or present employers setting forth the dates (month and year) employment started and ended, hours of work per day, number of days worked per week, place where the alien worked, detailed statement of duties performed on the job, equipment and appliances used, and the amount of wages paid per week or month. The total paid experience must be equal to one full year’s employment on a full-time basis.

Question: Once the PERM would be certified and approved, can I then proceed to do the final processing for my domestic helper?

Answer: Unfortunately, the answer is no. Very recently, the visa priority charts from the Department of State made the ‘other worker’ category (which includes unskilled labor) backlogged for every country around the world. The typical wait looks like it will be around three years for the visa number to become current. Thus, you could not begin final processing until that time. However, to be able to file PERM application for a household worker is a great improvement over past practices. Thus, while it is not perfect, it is a great deal better than in the past.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

« Previous Page — Next Page »

  • Brian D. Lerner

    Immigration Lawyer

  • Blog Stats

    • 304,095 Visitors

  • Categories

  • Recent Posts