Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)
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Filed under: "Derivative Citizenship" under former INA §321(a), Immigration Attorney, Immigration Judges, Immigration Lawyer, LPR, USCIS | Tagged: "Derivative Citizenship" under former INA §321(a), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | 1 Comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The DOS Liaison Committee reminds members that despite visa retrogression for various immigrant visa categories, posts should issue immigrant visas with a full six-month validity, even if the applicant’s immigrant visa category will retrogress.
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Filed under: Department of State (DOS), Immigrant Visa Retrogression, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Immigrant Visa Retrogression, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed.
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Filed under: Adjustment of Status, Form I-485, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Adjustment of Status, Brian D. Lerner, Form I-485, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | 4 Comments »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.
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Filed under: Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Re-engineer the H-2B Labor Certification Process | Tagged: Brian D. Lerner, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Re-engineer the H-2B Labor Certification Process | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The REAL ID Act did not overrule Sandoval-Lua, which held that the alien’s burden of proving eligibility for cancellation is met where the record of conviction is inconclusive as to whether the crime is an aggravated felony. (Rosas-Castaneda v. Holder, 1/4/11)
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Filed under: Aggravated Felonies, Cancellation of Removal, Immigration Attorney, Immigration Lawyer, REAL ID Act | Tagged: Aggravated Felonies, Brian D. Lerner, Cancellation of Removal, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, REAL ID Act | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.
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Filed under: Asylum Application, Immigration Attorney, Immigration Court, Immigration Lawyer, Lawyers have a Duty to Investigate all Grounds for Asylum, USCIS | Tagged: asylum, Brian D. Lerner, Immigration Attorney, Immigration Court, Immigration Lawyer, Law Offices of Brian D. Lerner, Lawyers have a Duty to Investigate all Grounds for Asylum | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)
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Filed under: Adopting the approach of the Second - Third and Fifth Circuits, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Adopting the approach of the Second - Third and Fifth Circuits, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. Embassy London remind members of the Border Security Fee now in effect for certain H-1B and L-1 cases. Although the fee in most cases is usually paid to USCIS when the petition is filed, blanket L-1 fees are collected at the Embassy or Consulate.
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Filed under: Blanket L-1 fees are collected at the Embassy or Consulate, Immigration Attorney, Immigration Lawyer, U.S. Embassy London remind members that the Border Security Fee now in effect for certain H-1B and L-1 cases, USCIS | Tagged: Blanket L-1 fees are collected at the Embassy or Consulate, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, U.S. Embassy London remind members that the Border Security Fee now in effect for certain H-1B and L-1 cases, USCIS | Leave a comment »
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