Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, the court found that the petitioner, a K-4 visa holder who was 19 years old when her mother married a U.S. citizen, was eligible to adjust her status to that of a lawful permanent resident.
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Filed under: k-4 | Tagged: 245.1, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer, k-4, third circuit | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS notified stakeholders that on June 3, 2016, with the help of the National Visa Center (NVC), it issued the third round of invitations to apply for the Haitian Family Reunification Parole (HFRP) Program, which allows certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before December 18, 2014, to be paroled into the United States up to approximately two years before their immigrant visa priority dates become current. The invitations include instructions on how eligible petitioners can apply for the program.
Family based Immigration
Family based visa
Family petition
Family and employment based applicants on the rise
Filed under: family based | Tagged: family based visa, haitians, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems from a class action lawsuit filed in June 2015 by a group of immigration detainees who alleged that they were subjected to inhumane and punitive conditions during their confinement in Tucson Sector CBP holding facilities.
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https://californiaimmigration.us/aila-applauds-the-obama-administration%e2%80%99s-plans-to-improve-the-nation%e2%80%99s-immigration-detention-system/
Filed under: Haitians Detainees | Tagged: asylum detainee, cbp, Detainee, detainees, Detention, district court, Haitians Detainees, Immigration Attorney, immigration detainees, immigration detainer, Immigration Detainers, immigration detention, Immigration Lawyer, transferring detainees | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Reuters reports that on Monday leaders of both houses of California’s legislature introduced two bills to protect undocumented immigrants in the state from efforts to deport them once President-elect Donald Trump takes office on January 20, 2017. One measure would set up a fund to pay for lawyers for immigrants facing deportation. The other would train criminal defense attorneys in immigration law. “Immigrants are a part of California’s history, our culture, and our society,” stated Assembly Speaker Anthony Rendon. “We are telling the next administration and Congress: If you want to get to them, you have to go through us.”
Illegal Immigration
Trump and Immigration
Trump executive order
Illegal aliens
https://californiaimmigration.us/petty-theft-exception-for-illegal-immigrant/
Filed under: illegal immigrants | Tagged: illegal alien, illegal aliens, illegal immigration, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, trump | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Applying the reasoning from Matter of A Cut Above Ceramic Tile, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an employer is not required to retain or provide proof of publication of its State Workforce Agency (SWA) job order which can be sufficiently documented by listing the start and end dates of the job order on the ETA Form 9089.
Labor certification
Board of alien labor certification appeals
PERM labor certification application
PERM process
Labor certification appeal granted
Filed under: best deportation attorney | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), Certifying Officer, CO, I-140, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of basic rights and due process.”
BIA
Appeal to BIA
Board of Immigration Appeals
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, ;bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, Detention, Immigration, Immigration Attorney, Immigration Lawyer, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA | 1 Comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This U.S. News and World Report article reports that the U.S. Supreme Court will hear arguments on Wednesday over whether immigrants facing deportation can be detained indefinitely for months or even years without a hearing. The case, Jennings v. Rodriguez, could have broad implications for President-elect Donald Trump’s proposals to step up immigration enforcement and ramp up deportations. If the respondents prevail, the Supreme Court could require mandatory bond hearings for detained immigrants nationwide. If the government wins, however, tens of thousands of people could be exposed to potentially indefinite periods of immigration detention.
Attack on immigrants
Central American Immigrants
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Information regarding filing complaints of discrimination, civil rights violations and racial profiling towards immigrants
Filed under: immigrants | Tagged: Detention, Immigration, Immigration Attorney, immigration detention, Immigration Law, Immigration Lawyer, indefinite detention | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment advertising and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.” The employer had relied on the 1994 Barbara Farmer Memo, which BALCA agreed makes no distinction between travel and relocation. BALCA further opined that it was not fundamentally fair to require that the possibility of relocation be specifically disclosed in the advertisement and application in absence of notice or guidance, particularly when the organized immigration bar has been pressing OFLC for years to clarify issues related to “roving” employees.
DUE process
Violation of DUE process
Denial of DUE process
DUE and immigration
https://californiaimmigration.us/victory-for-due-process-of-aliens/
Filed under: due process | Tagged: 9089, BALCA, Certifying Officer, CO, denial of due process, Due Process, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Labor Certification, PERM, Victory for Due Process, violation of due process | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a policy memorandum designating Matter of L-S-M- as an AAO adopted decision, which establishes this decision as policy guidance that applies to and binds all USCIS employees. Matter of L-S-M- clarifies that INA §240B(d)(2), which provides an exception for certain victims of domestic violence or related abuse to the civil penalties in INA §240B(d)(1) for failure to comply with an order of voluntary departure, does not extend to U-1 nonimmigrant victims of qualifying criminal activity.
Voluntary departure
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https://californiaimmigration.us/removal/judicial-review/
Filed under: Immigration Attorney | Tagged: Grant Stay of Voluntary Departure, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Post-conclusion Voluntary Departure, Review the denial of Voluntary Departure, victims of domestic violence, Voluntary Departure | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS advised stakeholders that, effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the FY2016 annual H-2B cap of 66,000 visas, pursuant to the 2016 Consolidated Appropriations Act (Public Law 114-113). H-2B employers are urged to identify “returning workers” when filing petitions.
H-2B Cap
H-2B visa process
H-2B Countries
H-1B Temporary worker application
Filed under: H-2B | Tagged: H-2A, H-2B, h-2b cap, H-2B Cap Count, H-2B Cap Count for FY2011, h-2b countries, h-2b list, H-2B Petitions, H-2B Program, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, returning workers | Leave a comment »
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