Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The State Department released the Visa Bulletin for November 2015, including the availability of immigrant numbers for “Application Final Action Dates” (indicating when DOS or USCIS can make a decision on the applications) and “Dates for Filing Applications” (indicating when immigrant visa applicants should be notified to submit required documentation). There was no forward movement from the revised October 2015 Visa Bulletin in the “dates for filing” for the family-based, first and third preference categories for Mexico; the employment-based, second preference categories for mainland China and India; or the employment-based, third preference category for the Philippines.

Filed under: Visa Bulletin | Tagged: Department of State (DOS), DOS, Immigration, Immigration Attorney, Immigration Lawyer, priority date, Visa Bulletin | Leave a comment »

Stop Time rule applies moment NTA is served

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Ninth Circuit upheld the Board of Immigration Appeals, holding that the failure of a Notice to Appear (NTA) to specify the date and location of a removal hearing has no effect on the stop-time rule. Accordingly, the court found that the petitioner, who had not accrued the requisite period of continuous physical presence by the time he was served with the NTA in his removal proceeding, was statutorily ineligible for cancellation of removal.

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Filed under: NTA | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, NTA, Stop-Time Rule | Leave a comment »

CBP released force incidents

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Today, CBP released statistics on the number of use of force incidents that occurred between FY2011 and FY2015, broken down by fiscal year. The data, which reflects the application of the use of force by U.S. Border Patrol agents, CBP officers, and air interdiction agents, indicates that there were 768 use of force incidents in FY2015, compared to 1037 such incidents in FY2014.

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Filed under: force incidents | Tagged: cbp, force from border patrol, force incidents, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

Get help from an experienced attorney if you claimed to be a US Citizen

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Eighth Circuit denied the petition for review, finding that the petitioner forfeited his right to a merits hearing on the charge of falsely representing himself as a U.S. citizen in violation of INA §237(a)(3)(D) when he failed to make a timely assertion of that right. As such, the court held that the petitioner’s arguments alleging due process, statutory, and regulatory violations could not prevail.

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https://californiaimmigration.us/us-citizen-is-charged-with-defrauding-foreign-national-employees-that-were-hoping-to-obtain-legal-citizenship/

Filed under: Citizenship | Tagged: claim to usc, claiming to be a us citizen, falsely representation, Immigration, Immigration Attorney, Immigration Lawyer, usc 237 | Leave a comment »

PERM and Labor Certification Procedure must be exact

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA affirmed the denial of certification where the employer listed the name of the president of the company, but not name of the employer, on the Notice of Filing (NOF). Rejecting the employer’s harmless error argument, BALCA stated that, without the employer’s name in the NOF, “a person attempting to provide information to the Certifying Officer (CO) might not be able to inform the CO of the name of the employer as it appeared on the application.”

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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

Filed under: PERM | Tagged: BALCA, Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, nof, notice of finding, PERM | Leave a comment »

New Visa Bulletin charts

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS announced that, approximately one week after DOS releases the Visa Bulletin each month, it will post an announcement on its website to inform adjustment of status applicants whether they can rely on the “filing dates” chart or the “final action dates” chart in the Visa Bulletin to determine when they can file their applications.

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https://californiaimmigration.us/dos-provides-visa-bulletin-for-april-2021/

Filed under: Visa Bulletin | Tagged: adjustment date, Immigration, Immigration Attorney, Immigration Lawyer, priority date, Visa Bulletin, visa bulletin chart | Leave a comment »

Be sure to meet your burden when applying for Cancellation of Removal

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The First Circuit upheld the Board of Immigration Appeals, finding that the petitioner was not eligible for cancellation of removal, because he had failed to meet his burden of proving by a preponderance of the evidence that his 2006 assault conviction was not a “crime of domestic violence.”

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Filed under: Cancellation of Removal | Tagged: Cancellation of Removal, Deportation, Immigration, Immigration Attorney, Immigration Lawyer, Removal | Leave a comment »

DHS to propose new STEM extension rule

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

DHS is proposing to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) to allow certain F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months. An advance copy of the proposed rule is now available. The proposed rule is scheduled to be published in the Federal Register on October 19, 2015, and comments will be due 30 days after its publication. On August 12, 2015, the District Court for the District of Columbia vacated the2008 STEM OPT extension rule, but stayed the vacatur until February 12, 2016, to allow DHS the opportunity to reissue the rule with proper notice and comment

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https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/