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BALCA overturned the Certifying Officer+s denial of the labor certification

Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”

BALCA overturns denial main

BALCA denial

Board of alien labor certification appeals

BALCA affirms LC denial due to notice of filing deficiency

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Asylum: questions and answers

Posted on October 18, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with a refugee travel document in place of a passport).

Additional rights will become yours with time, such as that to apply for a U.S. green card after one year, and to apply for U.S. citizenship four years after that. Learn more about how to protect and make the best use of your refugee or asylum status here. However, you MUST apply for the Green Card after the one year grant. It is not automatic and will not happen unless you apply.

Question: Can I bring my spouse and children into the U.S. now?

Answer: Once you have been granted asylum, your immediate family members (spouse and children)—whether they are in the U.S. or outside—are entitled to a “derivative” grant of asylum. If your spouse and children were included in your asylum application and are physically present in the U.S., they will automatically receive asylum at the same time as you.
If they are overseas, or were not included in your application, you can file USCIS Form I-730, Refugee/Asylee Relative Petition to obtain asylum for them. Use a separate form for each family member.

For your spouse to be eligible for asylum, the two of you must have been legally married (that is, with a government-issued certificate) before you were granted asylum. For your children to be eligible, they must be unmarried and younger than 21. Thereafter, once you qualify for the Green Card or residency, they will as well.

Asylum and withholding of removal

Appeal asylum

Asylum attorney

How to apply for political asylum

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File form I-129

Posted on October 17, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

On October 12, 2017, USCIS changed the direct filing addresses for petitioners of Form I-129, Petition for Nonimmigrant Worker. Petitioners must now file Form I-129 according to the state where the company or organization’s primary office is located. In addition, petitioners located in Florida, Georgia, North Carolina, and Texas must now file Form I-129 at the California Service Center. As of November 11, 2017, USCIS may reject forms filed at wrong service centers.

Extension of I-129

New form I-129

Form I-129 updates

Law Offices of Brian D. Lerner, APC

 

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Do I qualify for a work permit, and if so, what must I do?

Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so, what must I do?

Answer: First, based upon your degree, you qualify for what is known as a Specialty Occupation Work Visa. This is also known as the H-1B. It is meant for positions which require specialized knowledge and where a college degree is the norm for the industry. Therefore, your position would qualify. You would need to be hired as an accountant.

Question: How do you know that an accountant is a specialty occupation?

Answer: There are many sources that can be viewed from the Department of Labor. These sources are either on the internet, or in printed publication. It basically states what the normal duties for the particular position are and what are the normal educational requirements needed to successfully perform the job.

Question: What type of company must sponsor me?

Answer: As an accountant, any company can sponsor you. Every company can use an accountant. If you had said that you had a degree in biology, your sponsoring companies would have to be much narrower. They would specifically have to deal with biology. The H-1B can be full-time or part-time.

Renewal of work permit

Work permit

Work permit application

Need help with your work permit application?

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The BIA held in a precedent decision issued

Posted on October 3, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In a case before the BIA on remand from the Ninth Circuit for further clarification of portions of the agency’s April 2011 decision in Matter of D-R-, the BIA held in a precedent decision issued today that a misrepresentation is material under INA §212(a)(6)(C)(i) when it tends to shut off a line of inquiry that is relevant to a non citizen’s admissibility and that would predictably have disclosed other facts relevant to eligibility for a visa, other documentation, or admission to the United States. The BIA further held that in determining whether a noncitizen assisted or otherwise participated in extrajudicial killing, an adjudicator should consider (1) the nexus between the noncitizen’s role, acts, or inaction and the extrajudicial killing and (2) scienter, meaning his or her prior or contemporaneous knowledge of the killing.

BIA rules on expert testimony and factual findings

Board of immigration appeals

Motion to reopen with the BIA

BIA remands case back to USCIS

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Latest Travel Ban Will Weaken, Not Strengthen, America

Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On September 24, 2017, President Trump issued a presidential proclamation, titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats,” establishing a new travel ban with visa restrictions on Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Restrictions vary between countries; DOS has provided information and a chart on the various levels of travel restrictions for nationals of the eight countries.

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Thinking of marrying after 2 months of entry? Think again

Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Think of getting married after 2 months of entry? Think again.

Question: I entered a couple of months ago to the U.S. I want to get married and file my adjustment application. Do you see any problems with that?

Answer: Yes, it will be a problem. On September 1, 2017, the Department of State (DOS) updated the Foreign Affairs Manual (FAM) with new guidance on the term “misrepresentation” for purposes of determining inadmissibility under INA §212(a)(6), which provides: Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act, is inadmissible.

Specifically, it has  been substantially revised, the “30/60 Day Rule” has been eliminated, and new sections regarding status violations or “inconsistent conduct” within 90 days of entry, and after 90 days of entry have been added. The changes articulated in the FAM can have potentially significant consequences for individuals who apply for adjustment of status or change of status after entering the United States on a nonimmigrant visa or temporary basis.

Question: What Activities Will Trigger the Application of the 90-Day Rule and How Has This Changed from the 30/60-Day Rule?

Answer: Though the wording is slightly different, the following actions that are sufficient to trigger the application of the rule: • Engaging in unauthorized employment; • Enrolling in a full course of academic study without authorization and/or the appropriate change of status; • A nonimmigrant in a status prohibiting immigrant intent marrying a USC or LPR and taking up residence in the United States. • Undertaking any other activity for which a change of status or an adjustment of status would be required, without changing or adjusting status.

Question: At What Point Does the 90-Day Rule Create a Presumption of Misrepresentation and How Has This Changed from the 30/60 Day Rule?

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Trump Administration Rejects Study Showing Positive Impact of Refugees

Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The New York Times reports that Trump administration officials, under pressure from the White House to provide a rationale for reducing the number of refugees allowed into the United States next year, rejected a study by the Department of Health and Human Services that found that refugees brought in $63 billion more in government revenues over the past decade than they cost. In the period between 2005 and 2014 “this report estimated that the net fiscal impact of refugees was positive,” contradicting a central argument made by advocates of deep cuts in refugee totals.

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https://californiaimmigration.us/form-g-646-regarding-refugees-applying-for-admission-to-the-u-s/

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Matter of REHMAN, 27 I&N Dec. 124 (BIA 2017)

Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Where a petitioner seeking to prove a familial relationship submits a birth certificate that was not registered contemporaneously with the birth, an adjudicator must consider the birth certificate, as well as all the other evidence of record and the circumstances of the case, to determine whether the petitioner has submitted sufficient reliable evidence to demonstrate the claimed relationship by a preponderance of the evidence.

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Trump Team Drafting Plan to Deport More Young People—Central American Teens

Posted on September 26, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The Trump administration is weighing a new policy that would fast-track the deportation of thousands of Central American teenagers who arrived at the southern border, unaccompanied by adults. This new policy would call for the expedited deportation of more than 150,000 young people currently protected by the Unaccompanied Alien Children (UAC) program, many of whom arrived at the southern border, escaping violence and poverty in El Salvador, Honduras, and Guatemala. Under the plan being discussed, teens in this group would be sent back to their countries when they turn 18 under a fast-track deportation, preventing them from seeing an immigration judge before they are deported

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