I’m an Illegal immigrant married to a US citizen we want to know what we have to do so I can become a legal resident of this country – Avvo.com http://ping.fm/VxECQ
Adjust for lawful permanent resident
Filed under: legal resident | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, Legal Permanent Resident (LPR), permanent residency, Residency, Resident Status | Leave a comment »
My I 130 was denied – Avvo.com http://ping.fm/wxiOU
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Can I change my visa from L2 to B2 without leaving the country – Avvo.com http://ping.fm/jJRUG
What to prove at the B2 interview
Filed under: L2 to B2 | Tagged: b-2, B-2 Visitor Visa, Eb-2, Immigration, Immigration Attorney, Immigration Lawyer, India EB-2 Category, L-2 | Leave a comment »
This article will be a bit of a different article than normal. As you know, I am an Immigration Attorney. I am always helping families reunite and stay in the United States. I know how important it is to be with your family and to enjoy the time you have with them. This is one of the main reasons I chose Immigration Law. I did not like seeing families being torn apart and living in separate countries from their spouses, children and other loved ones. I needed to do something to help the despair that I saw people experiencing. That is why I have been practicing law for nearly 20 years.
Last week my father-in-law passed away. Since I grew up without a dad, my father-in-law was my father for almost the 20 years I have been married. His passing was quite difficult for me. I have never had someone as close as him pass away and I had an emptiness and sadness in me that I had never experienced before. The last week has emphasized what I do to help the immigration community was the right path for me to take. It has shown me that helping families through use of Immigration Law is the best path I could have taken.
It has taught me that we need to enjoy the time that we have with those whom we love. The reality is that we never know when our loved ones will pass on. My father-in-law had a headache and went to the hospital. At that time, he had brain hemmorages and 3 days later he passed away. While there is always things we can say we wished we had done, I was happy that I did spend a lot of time with him and played tennis and just sat and talked about many things with my father-in-law. Since his passing, I have come to a new realization about life. We really need to enjoy living itself. For example, the joy of seeing the sun rise, smelling a flower, walking the dog, playing a card game with your child. These joys and simple pleasures should not be taken for granted, but rather, relished and experienced. Never get tired of spending time with your loved ones. You will never say at the end that you wish you worked more. Make the time to do what you want to do with your loved ones while they are still living so that you do not have regrets when they pass away.
Don’t let the small stuff bother you. Don’t get mad because someone is driving too slow, or the bus is 5 minutes late. Don’t let the small stuff in life distract you from what is really important. When there is hardship and suffering, learn to work through it. For example, should you be separated because of a deportation, fight to get your loved one back. They are still here with you and if you fight hard enough, they will eventually be able to come back and be with you.
We all only have a limited time here. Let’s make the best of it and let’s make a positive impact on our families and society. Enjoy what you have. Enjoy your families and do not sweat the small stuff.
What an experienced attorney can do for you
Attorneys who practice immigration
The Law Offices of Brian D. Lerner
Filed under: Immigration Attorney | Tagged: Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | 1 Comment »
A new case re: res judicata: Res judicata does not prevent the government from using a previous conviction in connection with second removal proceedings based on its combination with a newly arising conviction when the combination of these convictions constitutes a claim that could not possibly have been litigated during the first removal proceedings. Arizona statute allowing petitioner to vacate previous conviction was for rehabilitative purposes, and government could therefore use the conviction in subsequent removal proceeding.
Mendoza v. Holder
Filed under: Removal Proceedings | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, Removal, removal order, Removal Proceedings | Leave a comment »
Another case in the 9th Circuit re: forced abortion and asylum for the husband:
-Immigration Law-
Attorney general’s interpretation of INA Sec. 101(a)(42)–that statute does not prevent the spouse of a person who has physically undergone a forced abortion or sterilization procedure from qualifying for political asylum–was entitled to Chevron deference. Forced abortion, in which alien was not a willing participant, and alien’s continued attempts to cohabit and marry in contravention of China’s population control policy, in the face of denial of an official marriage license, constituted “other resistance to a coercive population control program” required to establish persecution. Alien established persecution on account of his resistance to a coercive population control policy where he was expelled from school due to his romantic relationship with his future wife, which was legally prohibited; detained after attempting to obtain a marriage license; forced to pay a heavy fine to secure his release; resisted China’s official population control policy of prohibiting underage marriage by organizing and participating in a traditional wedding ceremony; and was forced to go into hiding when authorities arrived at his home and attempted to arrest him on the day of the wedding. Protections of Sec. 101(a)(42)(B) apply to husbands whose marriages would be legally recognized but for China’s coercive family planning policies, and not only to husbands whose marriages are recognized by Chinese authorities.
Jiang v. Holder
Filed under: Asylum Application | Tagged: asylee, asylum, asylum 2.0, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, california asylum attorney, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
Another Immigration Case re: administrative review: Appellate court lacked jurisdiction to consider whether an immigration judge has authority to determine whether an alien is a lawful permanent resident, since alien did not present this claim at administrative proceedings. Alien convicted of a felony within the United States was inadmissible as a permanent resident; where such alien was erroneously admitted, that alien was ineligible for relief under former Sec. 212(c) of the Immigration and Nationality Act, even if the error was not based on any fraud by alien.
Segura v. Holder, Jr.
Conditional permanent resident
Family petitions to immigrate family members
Filed under: permanent residency | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, permanent residency | Leave a comment »
Question: I am in deportation proceedings and I have no idea what to do. What should I do?
Answer: First, you want to make sure to hire the best deportation lawyer. There is a myriad of things that can go wrong. You have to remember that the Immigration Judge and the attorney representing the ‘other side’ are not there to help you. In fact, you are just a number to them. You must find a knowledgeable and reputable deportation attorney who you believe is the best deportation lawyer available for the job. How the best deportation lawyer handles a case is critical to its outcome.lawyer does and the manner in which he or she does it.
Question: I would like to find the best deportation lawyer. However, I just do not know what to look for in that particular immigration attorney. Can you help?
Answer: First, you want to make sure that the best deportation lawyer is actually an attorney. Unfortunately, there are some very unscrupulous people out there that could try to come off as an attorney and only end up taking your money. One can discover out if they are in fact an attorney, they could possibly be listed about the website to the attorneys for which special State. Next, be sure that the best deportation lawyer in fact specializes in Immigration Law. If one might do a small inquiry, an individual will probably note precisely what kind of law the immigration attorney does. If this immigration attorney simply does a handful of immigration cases and takes multiple additional cases per year regarding some other areas of law, and then it is going to be a pretty good assumption of which this particular immigration lawyer is without a doubt not the best deportation lawyer to the job and probably doesn’t understand the details and complexities of immigration law. Many States actually have exams and also other requirements to the immigration lawyer in order to take if of which unique immigration lawyer wants to be able to become a certified specialist in Immigration and Nationality Law. If your current special State has such a program for the licensed attorneys, it would certainly possibly be a good idea in order to discover if this attorney is actually a certified specialist. If so, then a person are generally one step closer to finding the best deportation lawyer for your current case. Next, people absolutely want to locate out if the immigration attorney emphasizes deportation/removal and removal law. Believe it or even not, an immigration attorney could end up being a certified specialist in immigration law and continue to not specialize specifically in deportation law. If in which is actually the case, then you have a extremely qualified immigration lawyer, although really don’t contain the best deportation lawyer.
Question: What must I do to confirm that deportation law is what this particular immigration lawyer specializes in?
Answer: First, you would conduct an interview of the deportation attorney to see if he or she does immigration law. You could also look on various websites such as Avvo.com or Linkedin to see what is on their profiles and if they have dportation wins. There are many areas of immigration law such as business immigration, family immigration and consulate processing. Make sure there is some information regarding the fact that he or she does deportation. Look to see they know about the legal principles of Cancellation of Removal, Asylum, Convention Against Torture and other deportation related areas.
The best deportation lawyer will only help you and your family. This immigration lawyer will push through all of the particular legal theories for your case, not just the one that client may want to proceed with in Immigration Court. The best deportation lawyer will be able to determine if there is a realistic chance of success. If you have a very difficult case, the best deportation lawyer can find the gray area of the law and try to get a winning case for you.
Filed under: Removal Proceedings | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, removability, Removal, Removal or Deportation Hearings, removal order, removal orders, Removal Proceedings | Leave a comment »
Good news from the BIA: Aliens who are otherwise eligible to adjust status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), are not subject to the unauthorized employment restrictions of sections 245(c) and the exception for such employment in section
245(k) that apply to applications for adjustment of status under section 245(a).
New BIA case hits people in deportation hard
Filed under: BIA | Tagged: BIA, bia board of immigration appeals, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
(1) In making a frivolousness determination, an Immigration Judge may incorporate by reference any factual findings made in support of an adverse credibility finding, so long as the Immigration Judge makes explicit findings that the incredible aspects of the asylum application were material and were deliberately fabricated. Matter of Y-L-, 24 I&N Dec. 151 (BIA 2007), clarified.
(2) In considering an asylum applicant’s explanations for inconsistencies or discrepancies, an Immigration Judge making a frivolousness determination must separately address the
applicant’s explanations in the context of how they may have a bearing on the materiality and deliberateness requirements unique to that determination.
(3) When the required frivolousness warnings have been given to an asylum applicant prior to the merits hearing, the Immigration Judge is not required to afford additional warnings or to seek further explanation in regard to inconsistencies that have become obvious
during the course of the hearing.
Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, california asylum attorney, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
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