The new case to look at re: divisibility of criminal statutes in Immigration Court proceedings is Nijawan vs. Holder, 129 S. Ct. 2294
Filed under: Criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Tagged: criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Leave a comment »
For sexual abuse of a minor, the minor must be under 16 AND there must be a 4 year difference between the perpetrator and victim
Filed under: Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, Sexual Abuse of a Minor, USCIS | Tagged: age difference, Immigration Attorney, Immigration Lawyer, sexual abuse of a minor, USCIS | Leave a comment »
EB-1A Researchers do NOT need a position at a school to qualify for this position.
Filed under: EB-1 | Tagged: EB-1, eb-1a, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Regarding Voluntary Departure, try to withdraw the Voluntary Departure before filing the Motion to Reopen.
Post conclusion voluntary departure
Cannot stay a voluntary departure
Filed under: Voluntary Departure | Tagged: Immigration Attorney, Immigration Lawyer, MTR, USCIS, Voluntary Departure | Leave a comment »
On the CSPA, if the age has locked in, then actual petition can be filed after age-out
Filed under: Aged-out, cspa, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Aged-out, cspa, Immigration Attorney, Immigration Lawyer, USCIS | 6 Comments »
CSPA applies when an I-130 is filed for : 1) Child of an LPR under 18 years old; 2) Parent is a USC (by birth or naturalization); 3) Parent has legal and physical custody and 4) child is residing in the U.S.; 5) the child is under 18 when the parent naturalizes. You can see specifics at section 320(a)
Filed under: cspa, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: cspa, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
If U.S. Customs and Border Protection (CBP) makes a wrong notation, date, or other mark on the I-94, you need to go to deferred inspection to get it reissued.
Filed under: I-94 | Tagged: I-94, Immigration Attorney, Immigration Lawyer, U.S. Customs and Border Protection (CBP), USCIS | Leave a comment »
When an H-4 applicant forgets to file a change or extension of status and the H-1B primary applicant has done so, the H-4 applicant should file a Nunc Pro Tunc Application.
Filed under: H-4 Applicant | Tagged: H-4 applicant, Immigration Attorney, Immigration Lawyer, Nunc Pro Tunc Application, USCIS | Leave a comment »
A K-2 Beneficiary of a K-1 can adjust EVEN if that K-2 beneficiary is over 18 years of age at the time the parent marries.
Filed under: K-1 K-2 | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, K-1, K-1 fiancee petition, k-1 petition, K-2 Visa | Leave a comment »
A Step-Child need not prove any bona-fides at all with the Step-Parent when filing a petition.
Filed under: Immigration Attorney, Immigration Lawyer, Stepchild, Stepparent, USCIS | Tagged: Immigration Attorney, Immigration Lawyer, Step-Child, Step-Parent, USCIS | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 