As of October 2, 2017, all I-140-based adjustment of status applicants are being required to appear for an in-person interview at a USCIS Field Office.
Employment based immigration attorney
Family and employment based applicants on the rise
Filed under: Employment | Tagged: employment based interviews, extreme vetting, I-140, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in Laredo, Texas, when she was three months old, was being transferred from a medical center in Laredo to a hospital in Corpus Christi around 2:00 am on Tuesday when Border Patrol agents stopped the ambulance she was riding in. The agents allowed her to continue to hospital but followed the ambulance the rest of the way there, then waited outside her room until she was released from the hospital.
Filed under: DACA | Tagged: border patrol agents, DACA, Detention, ICE, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.
Filed under: waiver | Tagged: circuit court of appeal, Fraud, Immigration, Immigration Attorney, Immigration Lawyer, jurisdiction, waiver | Leave a comment »
The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” is broader than that of its federal counterpart, and thus a conviction under the statute could not be treated as an aggravated felony.
Aggravated felony
Directors of washington comoany pleas guilty to felony Immigration violations
Filed under: Felony | Tagged: aggravated felony, Felony, firearm, Immigration, Immigration Attorney, Immigration Lawyer, modified categorical approach | 1 Comment »
BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”
Board of alien labor certification appeals
BALCA affirms LC denial due to notice of filing deficiency
Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, PERM | Leave a comment »
If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with a refugee travel document in place of a passport).
Additional rights will become yours with time, such as that to apply for a U.S. green card after one year, and to apply for U.S. citizenship four years after that. Learn more about how to protect and make the best use of your refugee or asylum status here. However, you MUST apply for the Green Card after the one year grant. It is not automatic and will not happen unless you apply.
Question: Can I bring my spouse and children into the U.S. now?
Answer: Once you have been granted asylum, your immediate family members (spouse and children)—whether they are in the U.S. or outside—are entitled to a “derivative” grant of asylum. If your spouse and children were included in your asylum application and are physically present in the U.S., they will automatically receive asylum at the same time as you.
If they are overseas, or were not included in your application, you can file USCIS Form I-730, Refugee/Asylee Relative Petition to obtain asylum for them. Use a separate form for each family member.
For your spouse to be eligible for asylum, the two of you must have been legally married (that is, with a government-issued certificate) before you were granted asylum. For your children to be eligible, they must be unmarried and younger than 21. Thereafter, once you qualify for the Green Card or residency, they will as well.
Asylum and withholding of removal
How to apply for political asylum
Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, Green Card, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
On October 12, 2017, USCIS changed the direct filing addresses for petitioners of Form I-129, Petition for Nonimmigrant Worker. Petitioners must now file Form I-129 according to the state where the company or organization’s primary office is located. In addition, petitioners located in Florida, Georgia, North Carolina, and Texas must now file Form I-129 at the California Service Center. As of November 11, 2017, USCIS may reject forms filed at wrong service centers.
Law Offices of Brian D. Lerner, APC
Filed under: Form I-129 | Tagged: extension of i-129, Form I-129, Form I-129 Petition for a Nonimmigrant Worker, Form I-129F, Form I-129S, i-129, Immigration, Immigration Attorney, Immigration Lawyer, USCIS, uscis filing address | Leave a comment »
In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.
BIA rules on expert testimony and factual findings
BIA remands case back to USCIS
Filed under: BIA | Tagged: #bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, Fraud, Immigration, Immigration Attorney, Immigration Lawyer, inadmissibility, material representation, misrepresentation, Motion to Reopen with the BIA, scienter | Leave a comment »
Immigration Lawyer
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