USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed.
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 »
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.
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 »
USCIS requires 11/23/10 edition of Form I-129S after 1/6/11.
Filed under: Form I-129S, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Brian D. Lerner, Form I-129S, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »
USCIS requires 11/23/10 edition of Form I-212 after 1/6/11.
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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)
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 »
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.
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 »
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)
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 »
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.
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 »
ICE press release announcing that Secure Communities is now activated in Saline County, Kansas. With the expansion of Secure Communities to Saline County, ICE is now using this capability in two Kansas jurisdictions.
Filed under: ICE, Immigration Attorney, Immigration Lawyer, Secure Communities is now activated in Saline County - Kansas, USCIS | Tagged: Brian D. Lerner, ICE, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Secure Communities is now activated in Saline County - Kansas | Leave a comment »
The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the NOF was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)
Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Notice of Filing (NOF) | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Notice of Filing (NOF) | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 