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
Grant stay of voluntary departure
Post conclusion voluntary departure
Find a good Immigration Lawyer to help you
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 »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that the crime of endangering the welfare of a child in violation of §260.10(1) of the New York Penal Law, which requires knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child, is categorically a “crime of child abuse, child neglect, or child abandonment” under INA §237(a)(2)(E)(i).
Board of immigration appeals
Appeal to BIA
BIA and immigration
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, categorical analysis, child abuse, cmt, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
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 »
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