Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Thousands of DACA recipients are suddenly losing their ability to work legally, because USCIS is struggling to renew their employment authorization documents on time. Over 11,000 young immigrants, roughly 5% of the total number of DACA renewals that USCIS has approved so far, have had their DACA status and work permits expire in spite of having applied on time.
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https://californiaimmigration.us/evidence-need-order-prove-various-requirements-physical-presence-daca/
Filed under: DACA | Tagged: DACA, deferred action, Immigration, Immigration Attorney, Immigration Lawyer, renewal of work permit, work permit for daca | Leave a comment »
Posted on April 27, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit held that the BIA did not err in concluding that a petitioner cannot establish good moral character if he has been incarcerated for 180 days or more, regardless of the nature of the underlying crime of conviction. The court also upheld the BIA’s interpretation that INA §240A(b)(1) requires the petitioner to establish good moral character during the 10 years immediately preceding the final administrative decision of the IJ or BIA on the petitioner’s application, as opposed to the 10 years preceding service of the NTA.
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https://californiaimmigration.us/eoir-rescinds-policy-memo-on-case-processing-at-the-bia/
Filed under: BIA | Tagged: BIA, board of immigration appeals, GMC, Good Moral Character, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on April 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS announced that it has received enough petitions as of March 26, 2015, to reach the H-2B cap for FY2015. As such, USCIS will reject any new H-2B petitions that request a start date before October 1, 2015, and were received after March 26, 2015.
H-2B petition
H-2B Cap
The H-2B application
H-2B temporary worker
Filed under: H-2B | Tagged: H-2B, h-2b cap, h2b, h2b attorney, h2b cap, h2b lawyer, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on March 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Last week, the Senate passed a DHS appropriations measure that did not include the House amendments that would block DAPA implementation and DACA expansion by a vote of 68-31. Today, in a surprising move, Speaker Boehner allowed for the Senate-passed version of the DHS funding bill to be voted on in the House. The bill passed with bipartisan support in the House, 257-167 (with 75 Republicans joining 182 Democrats), and will now be sent to President Obama’s desk for his signature. The bill will fund DHS through September 2015. The bill that passed does not include language that would prohibit the implementation of the President’s November 2014 executive actions on immigration.
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https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/
Filed under: Department of Homeland Security (DHS) | Tagged: #executive action, Congress, DHS, funding, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on January 28, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 16, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
This Petition for Review was granted by the 9th circuit for two reasons: (1) to give the IJ and BIA the opportunity to determine the impact of various recent decisions on our client’s case and (2) because the Court agreed that the IJ and BIA decisions regarding CAT were not supported by substantial evidence.
Petition for Review Granted
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Posted on January 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 26, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS released enforcement statistics for FY2014, which include reports from ICE and CBP. In FY2014, ICE removed or returned 315,943 individuals, 213,719 of whom were apprehended while, or shortly after, attempting to illegally enter the U.S., and 102,224 of whom were apprehended in the interior of the U.S. CBP made 486,651 apprehensions in FY2014, compared to 420,789 in FY2013. Both apprehension and removal numbers were influenced by the 68% increase in individuals migrating from countries other than Mexico, predominately from Central America.
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https://californiaimmigration.us/dhs-officially-issues-statement-on-2019-public-charge-rule/
Filed under: Department of Homeland Security (DHS) | Tagged: Deportation, DHS, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on December 26, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Huffington Post reports that yesterday, U.S. District Judge Beryl Howell was skeptical of a lawsuit filed by Sheriff Joe Arpaio over the constitutionality of the President’s executive actions on immigration. In the first hearing in the case, Judge Howell questioned whether Arpaio had standing to bring the case and whether he could show a concrete injury from the new policy. The judge also indicated that she was not entirely convinced the courts should weigh in on the executive actions. Read this story and more in AILA’s daily immigration news clips.
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Posted on December 26, 2014 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 