Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.
Types of crime
Find a criminal attorney
Criminal charges
The criminal waiver
Filed under: crimes | Tagged: crime, crime involving moral turpitude, criminal detention, criminal immigration, criminal lawyer, criminal relief, ice detention, Immigration, Immigration Attorney, immigration crime, Immigration Crimes, Immigration Lawyer | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue to accept previous editions of the form, USCIS indicates that H-4 applicants should use the revised form to prevent delays or RFEs. On Sunday, a federal district court denied a motion for a preliminary injunction to stop DHS from implementing the H-4 final rule.
H-4 status
H-4 applicant
H-4 work authorization
Law Offices of Brian D. Lerner
Filed under: H-4 Applicant | Tagged: H-1B, H-4, H-4 applicant, h-4 work authorization, h1b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
An article in the Chicago Reporter states that of the nearly 1,500 cases of women with children seen in the Chicago Immigration Court this past year, less than 14% were represented by a lawyer, a figure that is less than half the national rate.
Filed under: Immigration Attorney | Tagged: Immigration Attorney, Immigration Lawyer, representation in immigration court | Leave a comment »
Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Waiver granted for client who entered the United States as the unmarried son of a U.S. citizen but was in fact married at the time. Client stays a lawful permanent resident and can now apply for his U.S. citizenship.
New waiver
Visa waiver
Waivers allowed
ESTA Visa Waiver
Filed under: waiver | Tagged: 212(h) waiver, criminal waiver, Immigration, Immigration Attorney, Immigration Lawyer, Visa Waiver, waiver, waiver of inadmissibility, Waivers, Waivers of Inadmissibility, win brian lerner | Leave a comment »
Posted on June 2, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
2010 BIA order reopened sua sponte based on a change of law and whether a DUI in Arizona on a suspended license is a crime involving moral turpitude. Client is now eligible for cancellation of removal.
Filed under: Crimes of Moral Turpitude | Tagged: crime involving moral turpitude, crimes of maroal turpitude, Crimes of Moral Turpitude, Immigration, Immigration Attorney, immigration crime, Immigration Crimes, Immigration Lawyer, moral turpitude, suspended license | Leave a comment »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a status update on its border security efforts, DHS indicated that the number of total apprehensions along the southwest border during the first six months of FY2015 was 151,805, which is down nearly 60,000 (or 28%) compared to the same period in FY2014. Additionally, total apprehensions along the southwest border—comprised of apprehensions of unaccompanied children, family units, and single adults—for FY2015 are at their lowest point in the past four fiscal years.
DHS
DHS meaning
DHS secretary
Department of homeland security
Filed under: Department of Homeland Security (DHS) | Tagged: apprehension at the border, border patrol, deportations, DHS, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS posted a reminder that beginning May 18, 2015, USCIS will accept only the new Form G-28 with an edition date of March 4, 2015, and will stop accepting the earlier version of the form. If a filing is submitted with an old version of the G-28 on or after May 18, USCIS will not accept the G-28 but will accept the application (if it meets the criteria) and send all notices and secure documents to the applicant.
G-28 form
G-28 attorney
Apply for G-28
Law Firm
Filed under: Form G-28 | Tagged: G-28, g28, Immigration, Immigration Attorney, Immigration Lawyer, notice of representation | 3 Comments »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS posted a reminder that beginning May 18, 2015, USCIS will accept only the new Form G-28 with an edition date of March 4, 2015, and will stop accepting the earlier version of the form. If a filing is submitted with an old version of the G-28 on or after May 18, USCIS will not accept the G-28 but will accept the application (if it meets the criteria) and send all notices and secure documents to the applicant.
Filed under: Immigration Attorney | Tagged: G-28, g28, Immigration Attorney, notice of representation | 3 Comments »
Posted on April 29, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a reminder that beginning Friday, May 1, 2015, USCIS will accept only the new version of Form I-129, Petition for a Nonimmigrant Worker, with an edition date of October 23, 2014. Any filings with previous editions of this form will be rejected.
Extension of I-129
Form I-129
I-129 petition
I-129 denied?
Filed under: Form I-129 | Tagged: form i129, i-129, i129, Immigration, Immigration Attorney, Immigration Lawyer, new form, USCIS | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 