Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence
Extension of TPS
Temporary protected status
TPS for 18 months
Law Offices of Brian D. Lerner
Filed under: Temporary Protected Status (TPS) | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, LPR, Sudan Temporary Protected Status, temporary expanded status, temporary protected status, Temporary Protected Status (TPS), TPS | Leave a comment »
Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has been “convicted” of an offense where either a formal judgment of guilt has been entered by a court or, if adjudication of guilt has been withheld, where (1) a plea, finding, or admission of facts established the petitioner’s guilt and (2) a judge ordered some form of punishment, penalty, or restraint on his or her liberty.
BIA procedures
Board of immigration appeals
Appeal to BIA
BIA issues
Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, convicted, department of justice, DOJ, Immigration, Immigration Attorney, Immigration Lawyer, walsh waiver | Leave a comment »
Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Cancellation of removal granted for lawful permanent resident with several convictions, including fraud and drug convictions. Client can now apply for U.S. citizenship after living in the U.S for nearly 30 years
Cancellation of removal
What an experienced deportation lawyer can do for you
Removal
Removal proceedings
Filed under: removal order | Tagged: c/r, Cancellation of Removal, Drug Conviction, Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »
Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Motion to reopen filed 6 years after I-130 denial approved by USCIS in Santa Ana, CA. Client can now apply for residency, through his sister’s petition, in 3 years rather than having to refile and wait 13 years
Approved I-130
Form I-130
Filing I-130 online
Application for I-130
Filed under: I-130 | Tagged: Approved I-130, filing I-130 online, I-130, I-130 Filing Locations, Immigration, Immigration Attorney, Immigration Lawyer, motion to reopen, MTR, wins | Leave a comment »
Posted on December 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013), followed.
Defective NTA
Deficient NTA
NTA meaning
Our Immigration Law Firm
Filed under: NTA | Tagged: DHS, Immigration, Immigration Attorney, Immigration Lawyer, NTA, reserving minior, service of process | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status, in order to respond to public comments on the initial 2002 T visa rule and conform with legislation that has since been passed. The interim rule will take effect on January 18, 2017. Comments on the amendments to Form I-914, Application for T Nonimmigrant Status, are due by January 18, 2017; other comments are due by February 17, 2017.
Form I-129
K-nonimmigrant
Nonimmigrant admissions
Nonimmigrant waiver by US Immigration Attorney
Filed under: Nonimmigrant Visa | Tagged: Human Trafficking, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, T, T Visa | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, the court found that the petitioner, a K-4 visa holder who was 19 years old when her mother married a U.S. citizen, was eligible to adjust her status to that of a lawful permanent resident.
K-4 visa
K-4 visa meaning
Immigration Lawyer near me
Our Immigration Law Firm
Filed under: k-4 | Tagged: 245.1, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer, k-4, third circuit | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS notified stakeholders that on June 3, 2016, with the help of the National Visa Center (NVC), it issued the third round of invitations to apply for the Haitian Family Reunification Parole (HFRP) Program, which allows certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before December 18, 2014, to be paroled into the United States up to approximately two years before their immigrant visa priority dates become current. The invitations include instructions on how eligible petitioners can apply for the program.
Family based Immigration
Family based visa
Family petition
Family and employment based applicants on the rise
Filed under: family based | Tagged: family based visa, haitians, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems from a class action lawsuit filed in June 2015 by a group of immigration detainees who alleged that they were subjected to inhumane and punitive conditions during their confinement in Tucson Sector CBP holding facilities.
Immigration detainees
Detainees: find help
Haitians detainees
Our Immigration Law Firm
https://californiaimmigration.us/aila-applauds-the-obama-administration%e2%80%99s-plans-to-improve-the-nation%e2%80%99s-immigration-detention-system/
Filed under: Haitians Detainees | Tagged: asylum detainee, cbp, Detainee, detainees, Detention, district court, Haitians Detainees, Immigration Attorney, immigration detainees, immigration detainer, Immigration Detainers, immigration detention, Immigration Lawyer, transferring detainees | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Reuters reports that on Monday leaders of both houses of California’s legislature introduced two bills to protect undocumented immigrants in the state from efforts to deport them once President-elect Donald Trump takes office on January 20, 2017. One measure would set up a fund to pay for lawyers for immigrants facing deportation. The other would train criminal defense attorneys in immigration law. “Immigrants are a part of California’s history, our culture, and our society,” stated Assembly Speaker Anthony Rendon. “We are telling the next administration and Congress: If you want to get to them, you have to go through us.”
Illegal Immigration
Trump and Immigration
Trump executive order
Illegal aliens
https://californiaimmigration.us/petty-theft-exception-for-illegal-immigrant/
Filed under: illegal immigrants | Tagged: illegal alien, illegal aliens, illegal immigration, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, trump | Leave a comment »
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