Posted on March 11, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA found that a stepchild who meets the definition of a “child” under INA § 101(b)(1)(B), 8 U.S.C. § 1101(b)(1)(B) (2006), is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under the Act. Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009).
Board of immigration appeals
Stepchild and immigration
Step parent petition
BIA finds stepchild who…
33.767524
-118.189993
Filed under: Stepchild | Tagged: extremely unusual hardship, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Step-Child, Step-Parent, Stepchild, Stepparent Petition | Leave a comment »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As Immigration and Nationality Act is silent regarding the basis for determining whether a conviction is for a particularly serious crime, interpretation by Board of Immigration Appeals of what an immigration judge may refer to in deciding whether a prior offense met that standard is entitled to deference. All reliable information may be considered in making a particularly serious crime determination, including an alien’s removal hearing testimony under oath on his own behalf to obtain relief from removal. IJ and BIA appropriately considered nature of alien’s conviction, underlying facts of conviction, and type of sentence imposed when reaching conclusion that alien’s drunken driving conviction constituted a particularly serious crime.
Anaya-Ortiz v. Holder – filed January 25, 2010
Find an Immigration Lawyer
Best deportation Attorney
Deportation proceedings
Have no other options? Get an attorney
33.767524
-118.189993
Filed under: deportation attorney | Tagged: "asylum" "persecution" "well founded fear of persecution" "refugee" "credible fear interview" "spanish deportation lawyer" "spanish immigration lawyer" "spanish deportation attorney" "immigration lawy, Alien's removal hearing, alien's conviction, deport order, Deportation, deportation attorney, deportation lawyer, deportation order, deportation proceedings, deportations, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | 2 Comments »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A stepparent who qualifies as a “parent” under section
101(b)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1101(b)(2)
(2006), at the time of the proceedings is a qualifying relative for purposes of
establishing exceptional and extremely unusual hardship for cancellation of
removal under section 240A(b)(1)(D) of the Act, 8 U.S.C. §
1229b(b)(1)(D)(2006)
Guidance on the approval of petitions and applications after the death of the qualifying relative
Qualifying relative meaning
Immediate relatives
BIA find stepchild who…
33.767524
-118.189993
Filed under: Qualifying Relatives | Tagged: Cancellation of Removal, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Qualifying Relative | Leave a comment »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Removal qualifications are clarified under new standards of of petitions. CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach.
Aliens conviction
Battery conviction
Conviction for false claim of citizenship
Convictions of violence and battery charges in those applying for immigration petitions
33.767524
-118.189993
Filed under: conviction | Tagged: alien's conviction, aliens, controlled substance, illegal aliens, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Removal Proceedings | Leave a comment »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS agreed to terminate removal proceedings. Apparently, CIS agreed that Client’s Naturalization application was denied in error. Client’s father naturalized before she married and visas were current when she entered, therefore she was not inadmissible at the time of entry nor did she commit fraud.
3 years in prison for concealing undocumented employees and mail fraud
Criminal visa fraud
Fraud waiver
Fraud waivers available for persons who committed immigration fraud
33.767524
-118.189993
Filed under: Fraud | Tagged: Fraud, fraud convictions, fraud waiver, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE launched a PSA campaign to draw public attention to the plight of human-trafficking victims in the US that includes those who are sexually exploited or forced to work against their will. Anyone who knows or suspects that someone is being forced to work against their will should contact the ICE tip line anonymously at 866-DHS-2-ICE.
Combat human trafficking
Congressional research service report on human trafficking
Human trafficking prevention month
ICE launches campaign to raise public awareness of trafficking victims
33.767524
-118.189993
Filed under: Human Trafficking Victims | Tagged: Human Trafficking, Human Trafficking Victims, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Recent allegations of kidnapping of orphan children during the Haitian disaster has prompted tighter security law to come into effect. Ambassador-at-Large Luis CdeBaca, the Director of the Office to Monitor and Combat Trafficking in Persons, answered questions to provide a preview of the annual meeting of the President’s Interagency Task Force to Monitor and Combat Human Trafficking.
Haiti human trafficking
Haitian F-1 students
Haitian orphan
The US will put more efforts into protecting Haitian orphans that maybe ready for adoption
33.767524
-118.189993
Filed under: Haitian Orphans | Tagged: Haitian F-1 Students, haitian orphan, haitians, Human Trafficking, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Orphan | Leave a comment »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Adjustment of Status under 245A finally approved (immediate relative: step-father to child). Case has been pending for approximately 4 years. First in absentia MTR was granted and then AOS. Only issue was whether Client was adopted or not (no adoption papers in the file) but adoption was not necessary because Client qualified as a step child. IJ noted that Client and step-father were interviewed and indicated that she would defer to the I-130 approval. DHS waived appeal.
Motion to reopen
Motion to reopen Attorney
Motion to reopen with the BIA
Motion to reopen granted
33.767524
-118.189993
Filed under: MTR | Tagged: deportation attorney, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, motion to reopen, Motion to Reopen (MTR), motion to reopen attorney, Motion to Reopen under SORIANO, Motion to Reopen with the BIA, MTR | Leave a comment »
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
PERM approval from Law Offices of Brian D. Lerner: His position was FINANCIAL ANALYST requiring a Bachelor’s degree in Commerce or Finance + 7 years experience in Accounting/Financial Analyst/Jr. Assist. Manager. ANY SUITABLE COMBINATION OF EDUCATION, TRAINING OR EXPERIENCE ACCEPTABLE.
Board of alien labor certification appeals
BALCA meaning
PERM labor certification
Permanent labor certification: need help?
33.767524
-118.189993
Filed under: PERM | Tagged: Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, PERM, PERM Labor Certification | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 