Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the Cuban respondent was paroled into the United States on August 25, 1980, as part of the Mariel Boatlift with an Arrival/Departure Record (Form I-94) stamped “Cuban/Haitian Entrant (Status Pending)” indicating that the purpose of his parole was for “Cuban Asylum,” the BIA held in a precedent decision issued today that the respondent was ineligible to adjust his status under INA §209, because he did not establish that he was either admitted as a “refugee” within the meaning of INA §207 or granted asylum under INA §208.
I-94 form
I-94 form application
BIA and immigration
BIA deference given to particulary serious crime
Filed under: I-94 | Tagged: adjust, AOS, cuban parole, I-94, I-94 Forms, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer | 1 Comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
ICE provided FAQs on an agreement between USCIS and ICE that establishes a process for updating fingerprint checks on non-detained respondents with cases pending before EOIR whose fingerprints have been taken, but whose fingerprint checks will expire prior to a final decision by EOIR (i.e., the checks are more than 15 months old).
Filed under: fingerprint | Tagged: EOIR, fingerprint, fingerprint requirements, fingerprints, ICE, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
(1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012), where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the Act or any other Federal or State law, and where United States citizenship actually affects or matters to the purpose or benefit sought.
(2) There is a distinction between achieving a “purpose” and obtaining a “benefit” under section 212(a)(6)(C)(ii)(I) of the Act.
(3) Avoiding removal proceedings qualifies as a “purpose” within the meaning of section 212(a)(6)(C)(ii)(I) of the Act.
False claim to citizenship
Citizenship application
Derivative citizenship
Victime of crime? Try for the U visa
Filed under: Immigration Attorney | Tagged: false claim to citizenship, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on August 11, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- In a precedent decision issued today, the BIA held that, in determining whether a noncitizen presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an IJ should consider both direct and circumstantial evidence of dangerousness, including whether the facts and circumstances present national security considerations. Accordingly, the BIA affirmed the IJ’s denial of the respondent’s request for release on bond, finding that he failed to show that, based on the totality of the facts and circumstances presented, he did not present a danger to the community pursuant to INA §236(a).
Bond meaning
Bond hearing
Bond hearings and immigration
Got dond? Get a LA deportation Attorney
Filed under: Immigration Attorney | Tagged: bond, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, syrian citizen | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the employer filed the ETA Form 9089 within six months of the SWA job order, but notwithin 180 days, BALCA overturned the Certifying Officer’s denial, finding that it was unfair to punish the employer because of a potential conflict between the terms “6 months” and “180 days” found at 20 CFR §656.17(e)(2), which provides the timing requirements for when an employer must place an SWA job order and file an application for a nonprofessional occupation.
Board of alien labor certification appeals
BALCA and immigration
Labor certification questions and answers
The Law Offices of Brian D. Lerner
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), board of labor alien certification, employer petition, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
A federal judge in Texas on Wednesday rejected a request from Texas for a temporary restraining order (TRO) to bar nine Syrian refugees from being resettled in Houston. U.S. District Court Judge David Godbey ruled that Texas had “failed to show by competent evidence that any terrorists actually have infiltrated the refugee program, much less that these particular refugees are terrorists intent on causing harm.
Bureau of population refugees and migration
Federal judge
Federal judge ruling on DACA
The Attorney general disciplines
Filed under: Bureau of Population | Tagged: asylum, Bureau of Population Refugees and Migration, federal judge, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, refugee, Syria | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
CBP announced that it will begin testing new biometric technology at the Otay Mesa pedestrian crossing. The project will be deployed in two phases. Starting today, certain non-U.S. citizens entering the United States in the pedestrian lanes will utilize new kiosks equipped with biometric capture technology to provide a facial photograph and iris images. The second phase of testing will begin in February 2016, with everyone departing the United States providing biographic data similar to the information provided when departing by air. Certain non-U.S. citizens will also provide their biometrics upon departure during this phase. The testing will run through June 2016.
DHS advance
Petition for a nonimmigrant worker
Nonimmigrant worker programs
Getting a nonimmigrant waiver approved
Filed under: Immigration Attorney | Tagged: biometric testing, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, non-immigrant, otay mesa, port of entry | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Senate Judiciary Committee approved by a vote of 16-4 a nonbinding amendment authored by Senator Patrick Leahy (D-VT) that prohibits the U.S. government from barring individuals from entering the country based on their religion. “It is the sense of the Senate that the United States must not bar individuals from entering into the United States based on their religion, as such action would be contrary to the fundamental principles on which this Nation was founded,” the amendment states.
House judiciary subcommittee
Sentate Judiciary
Asylum persecution well founded fear of persecution refugee credible fear interview
US Immigration reform coming
Filed under: judical review | Tagged: asylum, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, religious persecution, sentate judiciary | Leave a comment »
Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOS released the Visa Bulletin for January 2016, including the availability of immigrant numbers for “Application Final Action Dates” and “Dates for Filing Applications.” There was forward movement in the “dates for filing” and the “final action dates” for many of the family-based categories. In addition, there was forward movement in the “final action dates” for the employment-based, second preference category for India, which advanced to February 1, 2008, and for the employment-based, third preference category for China, India, Mexico, and the Philippines. The “dates for filing” for the employment-based, third preference category for Mexico advanced to January 1, 2016.
B1 visas
Business visa
B1 visa meaning
ESTA waivers and visa waivers
Filed under: Visa Bulletin | Tagged: Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, priority chart, priority date, Visa, Visa Bulletin, Visa Waiver | Leave a comment »
Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA held that an American Competitiveness and Workforce Improvement Act (ACWIA) wage for an institution of higher education may sample only other institutions of higher education pursuant to the regulations. Accordingly, BALCA overruled the prevailing wage determination (PWD) made by the Center Director (CD) and remanded, finding that the CD’s insistence that the employer provide a survey that sampled each type of ACWIA entity constituted an abuse of discretion.
BALCA meaning
Board of alien labor certification appeals
Abuse of discretion
Law Offices of Brian D. Lerner, APC
Filed under: BALCA remanded the case for certification | Tagged: abuse of discretion, BALCA, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, work employment visa | Leave a comment »
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