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
- The Fourth Circuit upheld the BIA and the IJ’s determination that the petitioner’s aggravated felony conviction for a drug trafficking crime, for which the petitioner received a sentence of five years’ imprisonment, was per se a particularly serious crime under INA §241(b)(3)(B). The court thus found that the petitioner was ineligible for withholding of removal.
Particularly serious crime
Serious crime and immigration
Withholding of removal
BIA deference given to particularly serious crime
Filed under: Applications for Withholding of Removal | Tagged: Drug Trafficking, Immigration, Immigration Attorney, Immigration Lawyer, particularly serious crime, withholding of removal | Leave a comment »
Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA overturned the Certifying Officer’s denial and ordered that the labor certification be granted, holding that Notice of Filing (NOF) regulations only require the NOF to contain information specific enough to apprise U.S. workers of the job opportunity, and do not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment.
Labor certification
Board of alien certification appeals
PERM Labor certification
They denied my labor certification
Filed under: Permanent Labor Certification Program | Tagged: BALCA, Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, nof, notice of filing, PERM | Leave a comment »
Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The BIA ruled that the 10 years of continuous physical presence required by 8 CFR §1240.66(c)(2) for an individual seeking special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA) should be measured from the individual’s most recently incurred ground of removal, at least where that ground is among those listed in 8 CFR §1240.66(c)(1).
Nicaragua immigration
Nicaraguan Adjustment and Central American relief act
Adjustment relief
Another win from the Law Offices of Brian D. Lerner
Filed under: Nicaraguan Adjustment and Central American Relief Act (NACARA) | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, NACARA, Nicaragua, special cancellation of removal | Leave a comment »
Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The White House released a fact sheet on the Visa Waiver Program (VWP), including information on new security changes announced yesterday. The fact sheet states that DHS will immediately take steps to modify its Electronic System for Travel Authorization (ESTA) applications to capture information from VWP travelers regarding any past travel to countries constituting a terrorist safe haven. In addition, DHS Secretary Jeh Johnson issued a statement on steps that have been taken to strengthen the screening of those who are traveling to the United States, including security enhancements to the VWP.
Visa waiver program
Visa waiver process
Visa waiver, questions and answers
Waiver prepared by Immigration Lawyer
Filed under: Visa Waiver Program (VWP) | Tagged: changes in vwp, Immigration, Immigration Attorney, Immigration Lawyer, Visa, Visa Waiver, visa waiver country, Visa Waiver Program, Visa Waiver Program (VWP), vwp | 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 »
Posted on January 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
E-1 visa granted in Australia for client as an essential employee of his parents’ screen printing company. Client was initially a derivative of his mother’s visa but once he turned 21 he needed to apply on his own.
Get an E-1 visa
The E-1 and E-2
E-1 visa
E-1/E-2 treaty investor trader visas
Filed under: e-1 | Tagged: e-1, E-1 Visa, E-2, E-2 Immigration Attorney, E-2 Immigration Lawyer, E-2 Visa Applications, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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