Immigration | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Drug Trafficking found to be particularly serious crime

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Fourth Circuit upheld the BIA and the IJ’s determination that the petitioner’s aggravated felony conviction for a drug trafficking crime, for which the petitioner received a sentence of five years’ imprisonment, was per se a particularly serious crime under INA §241(b)(3)(B). The court thus found that the petitioner was ineligible for withholding of removal.

BIA deference given to particularly serious crime

Filed under: Applications for Withholding of Removal | Tagged: Drug Trafficking, Immigration, Immigration Attorney, Immigration Lawyer, particularly serious crime, withholding of removal | Leave a comment »

BALCA overturns denial of Labor Cert

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA overturned the Certifying Officer’s denial and ordered that the labor certification be granted, holding that Notice of Filing (NOF) regulations only require the NOF to contain information specific enough to apprise U.S. workers of the job opportunity, and do not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment.

Labor certification

Board of alien certification appeals

PERM Labor certification

They denied my labor certification

Filed under: Permanent Labor Certification Program | Tagged: BALCA, Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, nof, notice of filing, PERM | Leave a comment »

Applying for NACARA?

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The BIA ruled that the 10 years of continuous physical presence required by 8 CFR §1240.66(c)(2) for an individual seeking special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA) should be measured from the individual’s most recently incurred ground of removal, at least where that ground is among those listed in 8 CFR §1240.66(c)(1).

Nicaragua immigration

Nicaraguan Adjustment and Central American relief act

Adjustment relief

Another win from the Law Offices of Brian D. Lerner

Filed under: Nicaraguan Adjustment and Central American Relief Act (NACARA) | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, NACARA, Nicaragua, special cancellation of removal | Leave a comment »

Changes in the Visa Waiver Program

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The White House released a fact sheet on the Visa Waiver Program (VWP), including information on new security changes announced yesterday. The fact sheet states that DHS will immediately take steps to modify its Electronic System for Travel Authorization (ESTA) applications to capture information from VWP travelers regarding any past travel to countries constituting a terrorist safe haven. In addition, DHS Secretary Jeh Johnson issued a statement on steps that have been taken to strengthen the screening of those who are traveling to the United States, including security enhancements to the VWP.

Visa waiver program

Visa waiver process

Visa waiver, questions and answers

Waiver prepared by Immigration Lawyer

Filed under: Visa Waiver Program (VWP) | Tagged: changes in vwp, Immigration, Immigration Attorney, Immigration Lawyer, Visa, Visa Waiver, visa waiver country, Visa Waiver Program, Visa Waiver Program (VWP), vwp | Leave a comment »

Abuse of Discretion ruled

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA held that an American Competitiveness and Workforce Improvement Act (ACWIA) wage for an institution of higher education may sample only other institutions of higher education pursuant to the regulations. Accordingly, BALCA overruled the prevailing wage determination (PWD) made by the Center Director (CD) and remanded, finding that the CD’s insistence that the employer provide a survey that sampled each type of ACWIA entity constituted an abuse of discretion.

BALCA meaning

Board of alien labor certification appeals

Abuse of discretion

Law Offices of Brian D. Lerner, APC

Filed under: BALCA remanded the case for certification | Tagged: abuse of discretion, BALCA, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, work employment visa | Leave a comment »

E-1 visa

Posted on January 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

E-1 visa granted in Australia for client as an essential employee of his parents’ screen printing company. Client was initially a derivative of his mother’s visa but once he turned 21 he needed to apply on his own.

Get an E-1 visa

The E-1 and E-2

E-1 visa

E-1/E-2 treaty investor trader visas

Filed under: e-1 | Tagged: e-1, E-1 Visa, E-2, E-2 Immigration Attorney, E-2 Immigration Lawyer, E-2 Visa Applications, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

No surprise CBP does not want to wear body camera

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

CBP released an announcement that it is continuing its review of the use of body cameras, but is not deploying body cameras in the field at this time. CBP also released its body-worn camera feasibility study, stating that its Working Group considered and rejected several different deployment options, including a pilot program and broad-based deployment, before ultimately recommending a risk-based, measured deployment option.

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https://californiaimmigration.us/cbp-hires-deputy-executive-director-for-secure-border-initiative/

Filed under: CBP - Customs & Border Protection | Tagged: body camera, cbp, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

Not sure when to file for Adjustment?

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

USCIS posted an announcement on its website informing adjustment of status applicants that they must use the “Application Final Action Dates” chart in the DOS Visa Bulletin for December 2015 for employment-based filings. USCIS stated that family-sponsored adjustment of status applicants may use the “Dates for Filing Visa Applications” chart in the December 2015 Visa Bulletin.

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https://californiaimmigration.us/cuban-with-crimes-granted-adjustment/

Filed under: Immigration Attorney | Tagged: adjustment, AOS, Immigration, Immigration Attorney, Immigration Lawyer, visa chart, visa priority date | Leave a comment »

CBP Abusing its power?

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A Los Angeles Times special report examines 450 uses of Tasers, hand-held devices that deliver a paralyzing electric charge, documented by CBP agents from 2010 to 2013. The analysis found that, at least 70 times, CBP agents fired the devices at people who were running away, even though there was no struggle or clear indication that agents were in danger, according to use-of-force reports. At least six times, agents used the weapons against people who were trying to climb over the border fence back into Mexico.

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https://californiaimmigration.us/cbp-debuts-global-entry-program-at-seattle-airport/