L-1B’s: Denial after denial it seems. However, there may be hope

Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Today, USCIS posted a policy memorandum with consolidated and authoritative guidance on the L-1B program to be used by USCIS employees for all L-1B petitions pending or filed with USCIS on or after August 31, 2015. Included in the memo is a list of prior L-1B memoranda that are superseded and rescinded. Topics discussed include the “preponderance of the evidence” standard, the definition and application of “specialized knowledge,” offsite L-1B employment, and readjudication of L-1B status.

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https://californiaimmigration.us/investment-visas/l-1-intracompany-transferee/

Filed under: L-1B Provisions | Tagged: immigrant visa petition, Immigration, Immigration Attorney, Immigration Lawyer, intracompany transferee petition, L-1B, l1b, specialized worker | Leave a comment »

Got a PERM and recruitment? See this case.

Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA vacated the Certifying Officer’s denial and found that, although the ETA 9089 stated that the Employee Referral Program (ERP) commenced prior to the prevailing wage validity period, recruitment under the pre-existing ERP actually began within the prevailing wage validity period, when the employees became aware of the vacancy for purposes of making a referral.

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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

Filed under: Employee Referral Program (ERP) | Tagged: Board of Alien Labor Certification Appeals (BALCA), conviction, employment based immigration, ETA, Immigration, Immigration Attorney, Immigration Lawyer, PERM | Leave a comment »

Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Ninth Circuit granted the petition for review, holding that the petitioner was entitled to equitable tolling of his untimely motion to reopen, because his lawyer’s advice to pursue a form of immigration relief for which the petitioner was statutorily ineligible constituted ineffective assistance of counsel. The court remanded to the Board of Immigration Appeals (BIA) with instructions to grant the petitioner’s motion to reopen

BIA rules on adverse credibility findings based on fraudulent documents

Board of immigration appeals

Motion to reopen with the BIA

BIA issues two crime related decisions

Filed under: BIA | Tagged: #bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, board of immigration appeals, iac, Immigration, Immigration Attorney, Immigration Lawyer, ineffective assistance of counsel, motion to reopen, Motion to Reopen with the BIA, MTR | Leave a comment »

Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Executive Office for Immigration Review (EOIR) issued a security directive prohibiting use by the public of electronic devices, including cell phones, cameras, laptops, tablets, and MP3 players, in EOIR space, encompassing courtrooms, entrances/exits, corridors, conference rooms, and waiting areas. Attorneys or representatives of record, active members of a State Bar, and DHS attorneys representing the government in proceedings before the EOIR are permitted to use electronic devices in EOIR space for the limited purpose of conducting relevant court or business activities.

An appeals court

Copy of immigration court

Court order

Immigration court

Filed under: Immigration Court | Tagged: cell phone, district court, electronic devices, EOIR, Immigration, Immigration Attorney, Immigration Court, Immigration Lawyer, Supreme Court, us district court, US Supreme Court | Leave a comment »

Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a precedent decision issued today, the BIA held that where an applicant filed an asylum application before the May 11, 2005, effective date of the REAL ID Act of 2005, and, on or after that date, submitted a subsequent application that is properly viewed as a new application, the later filing date controls for purposes of determining the applicability of INA §208(b)(1)(B)(iii) to credibility determinations. The BIA further held that a subsequent asylum application is properly viewed as a new application if it presents a previously unraised basis for relief, or is predicated on a new or substantially different factual basis.

Appeal asylum

Asylum attorney

Asylum claim

How to apply for political asylum

Filed under: asylum | Tagged: asylee, asylum, asylum 2.0, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, california asylum attorney, Credibility Determination, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »

Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Matter of D-M-C-P, 26 I&N Dec. 644 (BIA 2015)

(1) Neither an Immigration Judge nor the Board of Immigration Appeals has jurisdiction to consider whether asylum-only proceedings were improvidently instituted pursuant to a referral under the Visa Waiver Program.

(2) It is improper to deem an application for relief abandoned based on the applicant’s failure to comply with the biometrics filing requirement where the record does not reflect that the applicant received notification advisories concerning that requirement, was given a deadline for submitting the biometrics, and was advised of the consequences of his or her failure to comply.

BIA rules on expert testimony and factual findings

BIA pro bono project

Board of immigration appeals

BIA issues two crime related decisions