Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The Department of Homeland Security (DHS) extended the designation of Haiti for Temporary Protected Status (TPS) for 18 months, through July 22, 2017. The 60-day re-registration period runs from today to October 26, 2015. DHS also extended the suspension of certain requirements involving employment authorization for Haitian F-1 nonimmigrant students experiencing severe economic hardship as a direct result of the January 12, 2010, earthquake in Haiti.
https://cbocalbos.wordpress.com/tag/f-1/
https://cbocalbos.wordpress.com/tag/f-1-attorney/
https://cbocalbos.wordpress.com/tag/f-1-lawyer/
https://californiaimmigration.us/f-1-student-petition-granted/
Filed under: F-1 Visa | Tagged: f-1, f-1 attorney, f-1 lawyer, F-1 Student Visa, f-1 students, F-1 Visa, Haiti, Haitian F-1 Students, Immigration, Immigration Attorney, Immigration Lawyer, Temporary Protected Status (TPS), TPS | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that substantial evidence supported the Board of Immigration Appeals’ finding that the petitioner falsely claimed U.S. citizenship on a Form I-9 when he applied for a job in 2009. Accordingly, the court found that the petitioner was inadmissible under INA §212(a)(6)(C)(ii)(I), and was thus ineligible for adjustment of status.
Employment eligibility verification
I-9
Form I-9
What does an immigration attorney do?
Filed under: I-9 | Tagged: adjument of status, AOS, claim to US Citizenship, false claim to US Citizenship, I-9, i9, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the Board of Immigration Appeals (BIA) held that the beneficiary of a visa petition who was adopted pursuant to a state court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an adopted child under INA §101(b)(1)(E)(i), so long as the adoption petition was filed before the beneficiary’s 16th birthday, and the state in which the adoption was entered expressly permits an adoption decree to be dated retroactively.
https://cbocalbos.wordpress.com/tag/adoption/
https://cbocalbos.wordpress.com/tag/adoption-petition/
https://cbocalbos.wordpress.com/tag/immigration-adoption/
https://californiaimmigration.us/family-petitions-to-immigrate-family-members/adoption/
Filed under: Adoption | Tagged: 16 years old, Adoption, adoption petition, BIA, board of immigration appeals, Immigration, Immigration Attorney, Immigration Lawyer, retroactive date | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Washington Post shares the immigration story of Miguel Aguilar, who at age 11 fled his hometown in Mexico to escape escalating violence, and who now plays professional soccer for the D.C. United team. Two-and-a-half years ago, Mr. Aguilar was granted DACA, and is believed to be the first DACA recipient to sign a major league sports contract.
#DACA
No ruling in case deciding fate of DACA
DACA attorney
The various requirements on physical presence in DACA?
Filed under: DACA | Tagged: DACA, deferred action, Immigration, Immigration Attorney, Immigration Lawyer, miguel aguilar | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision, the Board of Immigration Appeals (BIA) found that Immigration Judges (IJs) must notify asylum applicants of the biometrics requirements, the deadline for complying with the requirements, and the consequences of noncompliance. The BIA also held that neither IJs nor the BIA has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.
https://cbocalbos.wordpress.com/tag/asylum-2/
https://cbocalbos.wordpress.com/tag/adjudication-of-asylum/
https://cbocalbos.wordpress.com/tag/appeal-asylum/
https://californiaimmigration.us/asylum/
Filed under: asylum | Tagged: asylum, BIA, biometrics information, IJ, Immigration, Immigration Attorney, Immigration Judge, Immigration Lawyer | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Politico reports that three judges from the U.S. Court of Appeals for the D.C. Circuit ruled unanimously on Friday that Maricopa County Sheriff Joe Arpaio lacked legal standing to challenge President Obama’s executive actions on immigration. Judge Nina Pillard wrote that the Arizona sheriff’s theories about how his office would be impacted by DAPA and expanded DACA were too conjectural and conclusory to allow him to move forward with the case: “Sheriff Arpaio’s content99ion is, at bottom, premised on the speculative prediction that DACA and DAPA will create incentives on third parties to behave in misinformed or irrational ways that would harm him.”
https://cbocalbos.wordpress.com/tag/dapa/
https://cbocalbos.wordpress.com/tag/dapa-2/
https://cbocalbos.wordpress.com/tag/lawsuite-against-dapa/
https://californiaimmigration.us/immigration-reform-dapa/
Filed under: dapa | Tagged: arizona sheriff, dapa, Immigration, Immigration Attorney, Immigration Lawyer, lawsuite against dapa, maricopa county | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In light of Mellouli v. Lynch, the Ninth Circuit found that the Nevada statute under which the petitioner was convicted for misdemeanor possession of drug paraphernalia was overbroad, because it penalizes possession of paraphernalia in connection with substances not controlled under federal law. Thus, the court held that the petitioner was not categorically barred from seeking cancellation of removal, and remanded for the Board of Immigration Appeals (BIA) to consider, in the first instance, the potential application of the modified categorical approach, as well as the merits of the petitioner’s cancellation of removal application.
https://cbocalbos.wordpress.com/tag/drug-crime/
https://cbocalbos.wordpress.com/tag/drug-crim/
https://cbocalbos.wordpress.com/tag/drug-use/
https://californiaimmigration.us/can-i-be-deported-for-this-crime/
Filed under: crimes | Tagged: deportable, drug crim, drug offense, drug paraphernalia, drug paraphernalia crime, Immigration, Immigration Attorney, Immigration Lawyer, possession, removable | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Today, USCIS posted a policy memorandum with consolidated and authoritative guidance on the L-1B program to be used by USCIS employees for all L-1B petitions pending or filed with USCIS on or after August 31, 2015. Included in the memo is a list of prior L-1B memoranda that are superseded and rescinded. Topics discussed include the “preponderance of the evidence” standard, the definition and application of “specialized knowledge,” offsite L-1B employment, and readjudication of L-1B status.
https://cbocalbos.wordpress.com/tag/l1b/
https://cbocalbos.wordpress.com/tag/immigrationattorney/
https://cbocalbos.wordpress.com/tag/immigrationlawyer/
https://californiaimmigration.us/investment-visas/l-1-intracompany-transferee/
Filed under: L-1B Provisions | Tagged: immigrant visa petition, Immigration, Immigration Attorney, Immigration Lawyer, intracompany transferee petition, L-1B, l1b, specialized worker | Leave a comment »
Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA vacated the Certifying Officer’s denial and found that, although the ETA 9089 stated that the Employee Referral Program (ERP) commenced prior to the prevailing wage validity period, recruitment under the pre-existing ERP actually began within the prevailing wage validity period, when the employees became aware of the vacancy for purposes of making a referral.
https://cbocalbos.wordpress.com/tag/employee-referral-program-erp/
https://cbocalbos.wordpress.com/tag/perm-2/
https://cbocalbos.wordpress.com/tag/perm-audit/
https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/
Filed under: Employee Referral Program (ERP) | Tagged: Board of Alien Labor Certification Appeals (BALCA), conviction, employment based immigration, ETA, Immigration, Immigration Attorney, Immigration Lawyer, PERM | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 