Posted on October 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a question of first impression for the federal courts, the Ninth Circuit denied the petition for review, holding that a noncitizen who is issued an expedited removal order at a U.S. border-crossing checkpoint has entered the United States for purposes of reinstatement of removal under INA §241(a)(5). The court noted that its decision is limited to the reinstatement provision’s definition of “re-entry,” and that it does not disturb the longstanding common-law definition of “entry.”
https://cbocalbos.wordpress.com/tag/cancelation-of-removal/
https://cbocalbos.wordpress.com/tag/removal/
https://cbocalbos.wordpress.com/tag/reinstatement-of-removal/
https://californiaimmigration.us/removal/
Filed under: Removal Proceedings | Tagged: 241(a)(5), Immigration, Immigration Attorney, Immigration Lawyer, ninth circuit, re-entry, Reinstatement of Removal | Leave a comment »
Posted on October 27, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS extended Temporary Protected Status (TPS) for eligible nationals of Nepal (and those without nationality who last habitually resided in Nepal) for an additional 18 months, effectiveDecember 25, 2016, through June 24, 2018. The 60-day re-registration period runs throughDecember 27, 2016. This extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD) with an expiration date of June 24, 2018. USCIS is automatically extending current TPS Nepal EADs with a December 24, 2016, expiration date for six months.
https://cbocalbos.wordpress.com/tag/extension-of-tps/
https://cbocalbos.wordpress.com/tag/tps/
https://cbocalbos.wordpress.com/tag/uscis-tps/
https://californiaimmigration.us/our-immigration-law-firm/
Filed under: Temporary Protected Status (TPS) | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, nepal, TPS | Leave a comment »
Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA upheld the Certifying Officer’s denial, holding that advertisements posted at a college preparatory school constituted in-house advertisement and not on-campus recruitment at a college or university, and thus did not satisfy the professional pre-filing recruitment requirements of 20 CFR §656.17(e)(1)(ii)(A)–(J).
https://cbocalbos.wordpress.com/tag/balca/
https://cbocalbos.wordpress.com/tag/balca-denial/
https://cbocalbos.wordpress.com/tag/balca-remanded-the-case-for-certification/
https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/
Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: advertising, BALCA, Board of Alien Labor Certification Appeals (BALCA), Immigration, Immigration Attorney, Immigration Lawyer, on-campus recruiting, PERM, recruitment | Leave a comment »
Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
University professors who have clinical duties may be eligible for permanent residence through a PERM labor certification application based on special handling with limited special recruitment; a hybrid PERM using basic recruitment; or a Schedule A, Group II, application.
https://cbocalbos.wordpress.com/tag/perm-2/
https://cbocalbos.wordpress.com/tag/perm-labor-certification/
https://cbocalbos.wordpress.com/tag/lawful-permanent-residence/
https://californiaimmigration.us/our-immigration-law-firm/
Filed under: PERM lab | Tagged: doctors immigration, Immigration, Immigration Attorney, Immigration Lawyer, PERM, physicians, professonr PERM, schedule A, special handling | Leave a comment »
Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Associated Press reports that a 31-year-old U.S. citizen who was born in an Indonesian refugee camp filed a lawsuit in federal court on Tuesday to challenge a newly amended Louisiana law that blocked him from obtaining a marriage license because he couldn’t produce a birth certificate. The law requires any foreign-born person wanting to get married in Louisiana to produce both a birth certificate and an unexpired visa or a passport from their country of birth. The suit alleges that the law violates the plaintiff’s constitutional rights and was intended to discriminate against foreign-born individuals.
https://cbocalbos.wordpress.com/tag/bona-fide-marriage-2/
https://cbocalbos.wordpress.com/tag/defense-of-marriage-act-supreme-court/
https://cbocalbos.wordpress.com/tag/immigration-marriage/
https://californiaimmigration.us/marriage-based-visa-denial-proceedure/
Filed under: marriage license | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, marriage, refugee, u.s. citizen | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
After referring Matter of Chairez and Matter of Sama to herself for review of an issue relating to Descamps v. United States, and after inviting amicus briefs addressing the proper approach for determining “divisibility” within the meaning of Descamps, the Attorney General (AG) lifted the stay and remanded the two cases to the BIA for any appropriate action in light of the U.S. Supreme Court’s June 23, 2016, decision in Mathis v. United States.
https://cbocalbos.wordpress.com/tag/bia-2/
https://cbocalbos.wordpress.com/tag/bia/
https://cbocalbos.wordpress.com/tag/bia/
https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/
Filed under: Matter of Chairez and Matter of Sama | Tagged: BIA, bia board of immigration appeals, categorical approach, chairez, descamps, devisibility, Immigration, Immigration Attorney, Immigration Lawyer, mathis, sama | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would have left no room for agency discretion. Accordingly, the BIA will apply its ruling in this decision to cases nationwide, including cases arising in the Seventh Circuit.
https://californiaimmigration.us/nonimmigrant-waiver-by-u-s-immigration-attorney/
https://cbocalbos.wordpress.com/tag/fee-waiver/
https://cbocalbos.wordpress.com/tag/immigration-waiver/
https://cbocalbos.wordpress.com/tag/new-waiver/
Filed under: waiver | Tagged: 212(d)(3), Deportation, IJ, Immigration, Immigration Attorney, Immigration Lawyer, non-immigrant waiver, nonimmigrant waiver, waiver | Leave a comment »
Posted on October 17, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
As of May 2, 2016, USCIS had receipted 32,620 beneficiaries towards the 33,000 cap for the second half of FY2016. This count includes 26,426 approved and 6,194 pending beneficiaries.
https://cbocalbos.wordpress.com/tag/h-2b/
https://cbocalbos.wordpress.com/tag/h-2b-cap/
https://cbocalbos.wordpress.com/tag/h-2b-petitions/
https://californiaimmigration.us/visas/h-2b-temporary-worker/
Filed under: H-2B | Tagged: cap, H-2B, h2b, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 