Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Sixth Circuit interpreted INA §240 as requiring that personal service be made upon a noncitizen whenever practicable, and held that personal service to a represented noncitizen’s counsel may, in certain cases, constitute personal service to the noncitizen. The court upheld the Board of Immigration Appeals, finding that the respondent, who was ordered removed in absentia after failing to appear at a master calendar hearing in his removal proceedings, had received sufficient notice under the INA, where the respondent’s counsel was personally served with written notice of the hearing on the day that he appeared with the respondent in immigration court
Removal proceedings
Order of removal
Removal or deportation hearings
Cancellation of removal
Filed under: Removal Proceedings | Tagged: 6th circuit, Immigration, Immigration Attorney, Immigration Lawyer, notice to appear, persona service of immigration notice, removability, Removal, removal order, Removal Proceedings, service on attorney, sixth circuit | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The court upheld USCIS’s finding that the area of extraordinary ability defined by the plaintiff was gymnastics coaching, not gymnastics, and that it was reasonable to find evidence that the beneficiary won an Olympic gold medal in gymnastics insufficient.
The EB-1
EB-1 Petition
EB-1 C
Law Offices of Brian D. Lerner
Filed under: EB-1 | Tagged: EB-1, eb-1a, eb-1c, eb1, extraordinary ability, Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.
BALCA reverses denial due to due process
BALCA denial
BALCA remanded the case for certification
BALCA affirms denial based on lack of proof of job order
Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), board of labor certification appeals, Immigration, Immigration Attorney, Immigration Lawyer, PERM, state workforce agency, swa | 2 Comments »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL posted an alert stating that on September 1, 2015, an update to the PERM case management system caused an unexpected programming glitch to occur, as a result of which, certain information could not be entered on the form. Until the revisions become operational, if you cannot complete and file an ETA Form 9089 online, you should mail in the application to the Atlanta National Processing Center.
PERM
Denial of PERM
Covid 19 and PERM
PERM: The first process in employment based petitions
Filed under: PERM | Tagged: Department of Labor (DOL), DOL, ETA 9089, Immigration, Immigration Attorney, Immigration Lawyer, PERM, PERM and iCERT systems are currently down, PERM Labor Certification | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Department of Homeland Security (DHS) issued a notice that the Republic of Yemen has been designated for Temporary Protected Status (TPS) for a period of 18 months, effective today through March 3, 2017, due to an ongoing armed conflict within the country. This designation allows eligible Yemeni nationals (and immigrants having no nationality who last habitually resided in Yemen) who have continuously resided in and been continuously physically present in the United States since September 3, 2015, to be granted TPS. The 180-day registration period ends on March 1, 2016.
Extension of TPS
TPS applicants
USCIS TPS
Law Offices of Brian D. Lerner
Filed under: Temporary Protected Status (TPS) | Tagged: extension of tps, Immigration, Immigration Attorney, Immigration Lawyer, temporary protected status, Temporary Protected Status (TPS), TPS, TPS Designations, tps for haitans, TPS Re-Registration Deadline, Yemen | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit reversed the summary judgment in favor of USCIS and remanded, holding that USCIS failed to conduct an adequate search in response to the plaintiff’s Freedom of Information Act (FOIA) request, which sought “all documents reflecting statistics” about H-1B visa applications. USCIS responded to the request by providing a single data table it had created, later telling the plaintiff that more records would “only create additional confusion.”
ICE violated FOIA
FOIA request
Online FOIA
Get a FOIA
Filed under: FOIA | Tagged: 7th circuit, appeal foia, FOIA, FOIA Request, freedom of information act, Immigration, Immigration Attorney, Immigration Lawyer, online foia, USCIS | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Sued immigration in federal court because client’s adjustment of status application was pending for over 1 year. Application was approved within 60 days of filing lawsuit. Client is now a permanent resident and can travel freely to the Philippines to vist family he has not seen in over 20 years.
AOS win for our Law Office
Eligible for adjustment of status?
File for adjustment of status
AOS based on K3 granted
Filed under: Adjustment of Status | Tagged: adjusment of status, adjust status, adjustment, Adjustment of Status, adjustment under parole, AOS, Immigration, Immigration Attorney, Immigration Lawyer, sue immigration, writ of mandate | Leave a comment »
Posted on September 9, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Prosecutorial discretion granted and deportation case administratively closed for client with 10+ years in the United States but no immediate relatives, no documented employment history or tax filings and several vehicle code arrests/convictions. Client can now remain in the U.S. legally in hope of immigration reform in the future.
Immigration reform bills
An immigration reform
Immigration reform news
Immigration reform, what is it?
Filed under: Immigration Reform | Tagged: Immigration, Immigration Attorney, Immigration Judges, Immigration Law, Immigration Lawyer, Immigration Reform, pd, prosecutorial discretion, reform, win | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The State Department released the Visa Bulletin for September 2015. There was forward movement in most employment- and family-based visa categories, although the employment-based second preference categories for mainland China and India retrogressed to January 1, 2006, from December 15, 2013, and October 1, 2008, respectively. The Visa Bulletin also includes information on the worldwide numerical limits for FY2015.
Employment visas
Students for employment authorization
Employment adjustment
Visa processing and employment based visas
Filed under: Employment | Tagged: 2nd preference, China, Employment, Immigration, Immigration Attorney, Immigration Lawyer, India, second preference, Visa Bulletin | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On Friday, August 21, 2015, U.S. District Judge Dolly Gee issued an order in Flores v. Johnson, ruling that children should generally be released from family detention within five days—preferably to a parent, including a parent with whom they were apprehended. The government must implement the court’s ruling by October 23, 2015.
Family detention
Detention
Child detention
Detention in deportation proceedings
Filed under: family detention | Tagged: Detention, detention of children, district court, flores v. Johnson, Immigration, Immigration Attorney, immigration detention, Immigration Lawyer | Leave a comment »
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