Posted on August 14, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 31, 2018 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS announced that it has issued a waiver that eliminates its “obligation to comply with various laws” in the vicinity of the U.S.-Mexico border, beginning at the Santa Teresa, New Mexico port of entry and extending 20 miles westward, in order to “ensure the expeditious construction of barriers and roads.” DHS published a notice of determination regarding the waiver in the Federal Register on January 22, 2018.
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Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
oday a federal judge largely blocked the Trump administration from implementing the latest version of the president’s controversial travel ban, setting up yet another legal showdown on the extent of the executive branch’s powers when it comes to setting immigration policy. The latest ban was set to fully go into effect in the early morning hours of Wednesday, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea, and Venezuela. Judge Derrick K. Watson in Hawaii wrote that the latest ban “suffers from precisely the same maladies as its predecessor: it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States.
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Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).
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Filed under: Marriage Fraud Scheme | Tagged: board of immigration appeals, bona fide marriage, Immigration, Immigration Attorney, Immigration Lawyer, marriage fraud | Leave a comment »
Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
PBS reports that President Trump’s March 6, 2017, Executive Order, which included a four-month worldwide ban on refugees entering the United States, expired today. Refugees seeking entry to the United States will now face what officials have described as a more stringent and thorough examination of their backgrounds, in line with the Trump “extreme vetting” policy for immigrants. AILA has also provided updated Talking Points on President Trump’s September 24, 2017, proclamationrestricting travel to the United States by foreign nationals from certain countries, including information on litigation blocking certain aspects of the proclamation
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Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS issued a policy memorandum that supersedes and rescinds the April 23, 2004, memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015, policy memorandum titled “L-1B Adjudications Policy.” The memorandum, which is effective immediately, provides updated guidance that makes clear that the burden of proof remains on the petitioner even where an extension of nonimmigrant status is sought, and that adjudicators must apply the same level of scrutiny to both initial petitions and extension requests even where the petitioner, beneficiary, and underlying facts are unchanged from a previously approved petition.
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Filed under: L-1B Provisions | Tagged: Burden of Proof, Immigration, Immigration Attorney, Immigration Lawyer, L-1B, prior approved petition, uscis memo | Leave a comment »
Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in Laredo, Texas, when she was three months old, was being transferred from a medical center in Laredo to a hospital in Corpus Christi around 2:00 am on Tuesday when Border Patrol agents stopped the ambulance she was riding in. The agents allowed her to continue to hospital but followed the ambulance the rest of the way there, then waited outside her room until she was released from the hospital.
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Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.
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Posted on October 30, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” is broader than that of its federal counterpart, and thus a conviction under the statute could not be treated as an aggravated felony.
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