Derivative citizenship process
Filed under: Derivative Citizenship | Tagged: Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, derivative, Derivative beneficiary, E-2, H-4, Immigration Lawyer, L-2, Law Offices of Brian D. Lerner, los angeles deportation attorney, los angeles immigration, visa beneficiary | 2 Comments »
I am a victim of Violence. What can I do?
Question: I have been a victim of crime and also my friend was basically a slave for her employer. What can we do?
Answer: There are different types of visas for these matters. Basically, the U, T and VAWA petitions. In March 2013 Congress enacted several changes to
the William Wilberforce Violence Against Women Act (VAWA) &
Trafficking Victims Protection Reauthorization Act of 2008(TVPRA)
that affect T and U visa eligibility. T visas are designed for
victims of trafficking in persons, which includes sex trafficking or
labor trafficking. U visas are for victims of certain qualifying
crimes, such as domestic violence and sexual assault, and the victim
must have suffered substantial physical or mental abuse as a result
of the crime. To qualify for the U visa, the victim of a qualifying
crime generally must provide assistance to law enforcement. To
qualify for the T visa, a victim is required to cooperate with
reasonable requests from law enforcement related to their
victimization, with limited exceptions. In addition, the
trafficking or crime must have violated the laws of the United
States or occurred in the United States including its territories
and possessions. For T visas, the victim must be physically present
in the United States on account of the trafficking.
In fact, the Visas have been around for some time, except there are new regulations making it easier to obtain for derivatives and some other matters.
Question: What changes were made?
Answer: Unmarried children for whom the
principal applicant has filed a petition before the child turned 21
remain eligible for the visa after they turn 21. The age of the
unmarried child is established and set when the principal applicant
files the U petition with U.S. Citizenship and Immigration Services
(USCIS). The law previously did not allow unmarried children of
U visa holders to remain eligible for the visa after they turned 21,
even if they had filed the petition before they turned 21 and had
waited several years to get their visa. In addition, unmarried
children who are the principal applicants now receive age-out
protection in terms of their parents and unmarried siblings under
age 18 being able to qualify as derivative family members. T visas
already afforded age-out protection for children over 21; the law
was changed to mirror T visas in this respect.
Question: What happens if I know somebody who had a case like this, but did his kid already aged out?
Answer: The age-out protection is retroactive. This
means that any principal applicant who filed a U visa petition
before the derivative family member turned 21, and the derivative
family member is now older than 21 and was denied the visa because
he or she had aged out, is now eligible for a visa. The age-out protection for derivative children does not, however, change the requirement that the beneficiary
remain unmarried to be eligible for this visa. If the beneficiary marries before the visa is issued, they will no longer be eligible.
Question: Are there any other changes?Answer: U visa applicants are no longer subject to
the public charge ground of inadmissibility, INA 212(a)(4).
Consequently, applicants are no longer required to submit Affidavits
of Support (I-864). Because public charge is no longer a basis for
inadmissibility, USCIS will no longer apply this inadmissibility.
Therefore, Department of Homeland Security (DHS) will not need to
issue waivers on the Application for Advance Permission to Enter as
a Nonimmigrant (I-192) on this inadmissibility ground.
T-derivative status has been expanded to include certain adult or minor children of a T-visa
derivative (T-2, T-3, T-4, T-5). These derivatives are the
grandchild (ren), stepchild(ren), niece(s) or nephew(s), and the
sibling(s) of the principal applicant. For the children of a
derivative to qualify for T-derivative status, the child (adult or
minor) must “face a present danger of retaliation as a result of the
alien principal’s escape from the severe form of trafficking or
cooperation with law enforcement.” USCIS will determine what this
means in the context of petition adjudication. Consular officers
will not re-examine the basis for this determination and visa
eligibility, but will issue visas in this new category once USCIS
establishes it. USCIS anticipates this category will be “T-6.”
Question: What about changes to VAWA?
Answer: These applicants are no longer subject to
the public charge inadmissibility, INA 212(a)(4). Consequently,
applicants are no longer required to submit Affidavits of Support
(I-864). Because public charge is no longer a basis for
inadmissibility, USCIS will no longer apply this ineligibility.
Therefore, DHS will not need to issue waivers on these grounds.
VAWA changes for those who are victims of sex trafficking crimes and domestic violence
Filed under: VAWA | Tagged: Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles deportation attorney, los angeles immigration, Public Charge, sex trafficking, slave, spanish deportation attorney, T Visa, trafficking in work, U Visa, VAWA, victim of crime | Leave a comment »
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Filed under: Immigration Attorney | Tagged: Brian D. Lerner, brian lerner, california immigration, deportation attorney, deportation lawyer, Immigration Lawyer, Law Offices of Brian D. Lerner, los angeles deportation attorney, los angeles immigration, Public Charge, sex trafficking, slave, spanish deportation attorney, T Visa, trafficking in work, U Visa, VAWA, victim of crime | Leave a comment »
Question: Attorney Lerner, I understand that you are a deportation attorney. Can you describe what qualifications you have to represent clients in deportation proceedings?
Answer: Regarding Immigration Law, in 2000, I passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. My firm handles all types of deportation cases from all over the United States. It is critical that you get an expert attorney to represent you for the deportation and removal cases, not just somebody who happens to be local. At the deportation or removal hearing, depending on the case, as a deportation lawyer, I can apply for many forms of relief to try to win the deportation case against the client. Some of these forms of relieve include political asylum, withholding of removal, and convention against torture, registry, adjustment of status, cancellation of removal, termination for deferred action, prosecutorial discretion, administrative closure among others.
Question: So what does a deportation attorney do at the actual hearings?
Answer: At the deportation hearing, a deportation attorney will be able to perform and guide the client through the entire through the process, the master calendar hearing, the contested hearings, and the individual hearings. Keep in mind that the master hearing is very important as it determines in many instances the direction of the case and should not be taken lightly. The contested hearings are very important as well as they will determine whether or not the charges against you will be sustained and whether the charge of removability will be issued. Finally, the individual hearing is critically important as this is the trial on the particular matter. There will be witnesses, testimony, evidence and other matters which will comprise of the entire trial. After the trial, the Immigration Judge will make a decision upon which you will either win or have to appeal. In any case, it is crucially important to have a qualified deportation attorney who is an expert and has years of experience as a deportation lawyer.
Question: How many years of experience as a deportation lawyer do you have?
Answer: As a deportation attorney, I have nearly 20 years of experience. With each case, I am better able to handle and help the client who is either in detention or fighting the case while not being detained.
Question: How can you take deportation cases all over the United States?
Answer: Because Immigration Law is Federal Law, an experienced deportation lawyer who is admitted as an attorney, can practice anywhere in the United States. As for deportation hearings in other States, I travel all over the United States to help clients. Many times, other than the Individual Hearings, the Immigration Judge will allow telephonic hearings. Since deportation and removal cases are very complicated, the client absolutely does wants an immigration attorney who is an expert deportation lawyer. There is too much at stake to hire somebody because they are local or simply charging a lot less money.
Filed under: deportation lawyer | Tagged: best deportation attorney, deport order, deportable, Deportation, deportation attorney, deportation lawyer, Deportation or Removal Hearings, deportation order, deportation proceedings, deportations, los angeles deportation attorney, Removal or Deportation Hearings, spanish deportation attorney, spanish deportation lawyer | 3 Comments »
How can I bring in an Orphan to the U.S.?
Question: I want to petition an orphan. What must I do?
Answer: A USC can petition for an orphan under age 16. In order to be an orphan, both parents must have died, disappeared, or abandoned the child. If there is a sole or surviving parent, he or she must be incapable of providing for the child and irrevocably release the child for emigration or adoption. The child must be under 16 and unmarried at the time the petition is filed on his or her behalf to classify as an immediate relative. The petitioner must be a USC. Natural siblings of the orphan are also eligible to immigrate if adopted abroad while under 18 by the same adoptive parent.
Question: Where must I adopt the child and can I adopt the child in the U.S.?
Answer: That will depend on what country you want to bring in the child as to whether it is a part of the Hague Convention. It would be necessary to understand some parts of the Hague Convention to answer this. Here are some basic rules:
Only USCs—not LPRs—may adopt and immigrate children subject to the Hague rules; The Department of State coordinates with the equivalent “Central Authority” or designee in the child’s home country and this foreign entity is heavily involved in the process; Adoption cannot serve as the basis for the child’s immigration unless they follow certain prescribed steps and sequences; The USC parents are prohibited from contacting the birth parents unless they fall within narrow exceptions; The adopted child must be under 16 when the decree is finalized or the I-800 is filed; there is no exception for children between ages 16 and 18 whose siblings have been adopted while under 16; and the definition of “adoptable” child is broader than orphan and includes those children whose: (1) single birth parent has relinquished control; (2) two living birth parents are incapable of providing care and have released the child for adoption; or (3) unmarried birth father, who can qualify as a “sole parent,” releases the child for adoption after the birth mother has abandoned the child.
Question: What countries are Hague Convention Countries?
Answer: Hague Convention rules apply to children who are “habitual residents” of one of the approximately 80 countries that have signed on to the international treaty. Some of the countries that have not ratified the convention include Kazakhstan, Russia, Guatemala, Ethiopia, and South Korea. Some of the ones that have ratified it include China, India, Mexico, and the Philippines.
Question: What are the procedures for applying, assuming that the child comes from a Hague Country.
Answer: Assuming the Hague rules apply, the following steps must be adhered to in this precise order. First, the prospective adoptive parent(s) obtain(s) an approved home study from an accredited provider, licensed in the state of the adoptive parent(s), and authorized to conduct such studies. The adoptive parent(s) then file(s) Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, with USCIS, along with the home study. USCIS may need to communicate with the designated adoption service provider.
After approval of the I-800A and home study, USCIS forwards these to the adoption service provider and the NVC, which in turn forwards to the Central Authority of the designated foreign country. That Central Authority then identifies a child and refers him or her to the prospective parent(s) along with a report on his or her medical and social background. If the family accepts the referral, they file Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, with USCIS. USCIS then provisionally approves the petition and forwards it to the appropriate U.S. Consulate.
The consular officer screens the child for admissibility and annotates the visa application with the child’s ability to immigrate following adoption. The officer also transmits the “Article Five Letter” to the Central Authority, which basically affirms that the adoptive parents may proceed with the adoption. The family then completes the adoption or guardianship process and submits the official decree to the consulate, which approves the I-800 and issues the immigrant visa (IH-3 or IH-4).
Beginning on September 25, 2008, USCIS expanded its direct mail program to include the forms I-800A and I-800. Applicants must now submit them to the USCIS Chicago Lockbox facility for initial processing using the following address: USCIS, P.O. Box 805695, Chicago, IL 60680-4118. These forms will then be forwarded to the National Benefits Center in Lee’s Summit, MO, which has assumed processing of these petitions.
Filed under: Immigration Attorney | Tagged: best deportation attorney, best immigration attorney, best immigration lawyer, Brian D. Lerner, brian lerner, california immigration, california immigration attorney, california immigration lawyer, deportation attorney, deportation lawyer, Immigration Lawyer, inland empire deportation attorney, inland empire immigration attorney, inland empire immigration lawyer, Law Offices of Brian D. Lerner, long beach immigration attorney, long beach immigration lawyer, los angeles county immigration attorney, los angeles deportation attorney, los angeles deportation lawyer, los angeles immigration, los angeles immigration lawyer, Orphan, orphan petition, san bernardino county immigration attorney, san bernardino immigration lawyer, spanish deportation attorney, spanish deportation lawyer, spanish immigration attorney, spanish immigration lawyer | Leave a comment »
Question: I want to petition an orphan. What must I do?
Answer: A USC can petition for an orphan under age 16. In order to be an orphan, both parents must have died, disappeared, or abandoned the child. If there is a sole or surviving parent, he or she must be incapable of providing for the child and irrevocably release the child for emigration or adoption. The child must be under 16 and unmarried at the time the petition is filed on his or her behalf to classify as an immediate relative. The petitioner must be a USC. Natural siblings of the orphan are also eligible to immigrate if adopted abroad while under 18 by the same adoptive parent.
Question: Where must I adopt the child and can I adopt the child in the U.S.?
Answer: That will depend on what country you want to bring in the child as to whether it is a part of the Hague Convention. It would be necessary to understand some parts of the Hague Convention to answer this. Here are some basic rules:
Only USCs—not LPRs—may adopt and immigrate children subject to the Hague rules; The Department of State coordinates with the equivalent “Central Authority” or designee in the child’s home country and this foreign entity is heavily involved in the process; Adoption cannot serve as the basis for the child’s immigration unless they follow certain prescribed steps and sequences; The USC parents are prohibited from contacting the birth parents unless they fall within narrow exceptions; The adopted child must be under 16 when the decree is finalized or the I-800 is filed; there is no exception for children between ages 16 and 18 whose siblings have been adopted while under 16; and the definition of “adoptable” child is broader than orphan and includes those children whose: (1) single birth parent has relinquished control; (2) two living birth parents are incapable of providing care and have released the child for adoption; or (3) unmarried birth father, who can qualify as a “sole parent,” releases the child for adoption after the birth mother has abandoned the child.
Question: What countries are Hague Convention Countries?
Answer: Hague Convention rules apply to children who are “habitual residents” of one of the approximately 80 countries that have signed on to the international treaty. Some of the countries that have not ratified the convention include Kazakhstan, Russia, Guatemala, Ethiopia, and South Korea. Some of the ones that have ratified it include China, India, Mexico, and the Philippines.
Question: What are the procedures for applying, assuming that the child comes from a Hague Country.
Answer: Assuming the Hague rules apply, the following steps must be adhered to in this precise order. First, the prospective adoptive parent(s) obtain(s) an approved home study from an accredited provider, licensed in the state of the adoptive parent(s), and authorized to conduct such studies. The adoptive parent(s) then file(s) Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, with USCIS, along with the home study. USCIS may need to communicate with the designated adoption service provider.
After approval of the I-800A and home study, USCIS forwards these to the adoption service provider and the NVC, which in turn forwards to the Central Authority of the designated foreign country. That Central Authority then identifies a child and refers him or her to the prospective parent(s) along with a report on his or her medical and social background. If the family accepts the referral, they file Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, with USCIS. USCIS then provisionally approves the petition and forwards it to the appropriate U.S. Consulate.
The consular officer screens the child for admissibility and annotates the visa application with the child’s ability to immigrate following adoption. The officer also transmits the “Article Five Letter” to the Central Authority, which basically affirms that the adoptive parents may proceed with the adoption. The family then completes the adoption or guardianship process and submits the official decree to the consulate, which approves the I-800 and issues the immigrant visa (IH-3 or IH-4).
Beginning on September 25, 2008, USCIS expanded its direct mail program to include the forms I-800A and I-800. Applicants must now submit them to the USCIS Chicago Lockbox facility for initial processing using the following address: USCIS, P.O. Box 805695, Chicago, IL 60680-4118. These forms will then be forwarded to the National Benefits Center in Lee’s Summit, MO, which has assumed processing of these petitions.
Filed under: Orphan | Tagged: best deportation attorney, best immigration attorney, best immigration lawyer, Brian D. Lerner, brian lerner, california immigration, california immigration attorney, california immigration lawyer, deportation attorney, deportation lawyer, Immigration Lawyer, inland empire deportation attorney, inland empire immigration attorney, inland empire immigration lawyer, Law Offices of Brian D. Lerner, long beach immigration attorney, long beach immigration lawyer, los angeles county immigration attorney, los angeles deportation attorney, los angeles deportation lawyer, los angeles immigration, los angeles immigration lawyer, Orphan, orphan petition, san bernardino county immigration attorney, san bernardino immigration lawyer, spanish deportation attorney, spanish deportation lawyer, spanish immigration attorney, spanish immigration lawyer | Leave a comment »
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Coffee talk with Immigration Attorney Brian D. Lerner, A Professional Corporation on Immigration and Naturalization Law and specifics on how you can find solutions to immigration problems, visas, work-permits, deportation and other areas of immigration law. Find out about why you should hire an immigration attorney and/or deportation attorney who knows what they are doing
Filed under: Immigration Attorney | Tagged: best deportation attorney, best immigration attorney, best immigration lawyer, Brian D. Lerner, california immigration, california immigration attorney, california immigration lawyer, deportation attorney, deportation lawyer, Immigration Lawyer, inland empire deportation attorney, inland empire immigration attorney, inland empire immigration lawyer, Law Offices of Brian D. Lerner, long beach immigration attorney, long beach immigration lawyer, los angeles county deportation attorney, los angeles county immigration attorney, los angeles county immigration lawyer, los angeles deportation attorney, los angeles deportation lawyer, los angeles immigration, los angeles immigration attorney, los angeles immigration lawyer, san bernardino county immigration attorney, san bernardino deportation attorney, san bernardino deportation lawyer, san bernardino immigration attorney, san bernardino immigration lawyer, south bay immigration attorney, south bay immigration lawyer, spanish deportation attorney, spanish deportation lawyer, spanish immigration attorney, spanish immigration lawyer, why hire an immigration attorney | Leave a comment »
Coffee talk with Immigration Attorney Brian D. Lerner, A Professional Corporation on Immigration and Naturalization Law and specifics on how you can find solutions to immigration problems, visas, work-permits, deportation and other areas of immigration law. Find out about why you should hire an immigration attorney and/or deportation attorney who knows what they are doing
Find a good immigration attorney
. Immigration Lawyer Brian D. Lerner explains this area of immigration law so that it is clear and in normal and plain English. The Law Offices of Brian D. Lerner is happy to give you a free 10 minute consultation at http://www.blerner.checkappointments.com/. Additionally, call us at 562-495-0554 or send a Skype to ‘briandlerner’.
Filed under: Immigration Attorney | Tagged: best deportation attorney, best immigration attorney, best immigration lawyer, Brian D. Lerner, california immigration, california immigration attorney, california immigration lawyer, deportation attorney, deportation lawyer, Immigration Lawyer, inland empire deportation attorney, inland empire immigration attorney, inland empire immigration lawyer, Law Offices of Brian D. Lerner, long beach immigration attorney, long beach immigration lawyer, los angeles county deportation attorney, los angeles county immigration attorney, los angeles county immigration lawyer, los angeles deportation attorney, los angeles deportation lawyer, los angeles immigration, los angeles immigration attorney, los angeles immigration lawyer, san bernardino county immigration attorney, san bernardino deportation attorney, san bernardino deportation lawyer, san bernardino immigration attorney, san bernardino immigration lawyer, south bay immigration attorney, south bay immigration lawyer, spanish deportation attorney, spanish deportation lawyer, spanish immigration attorney, spanish immigration lawyer, why hire an immigration attorney | Leave a comment »
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California Immigration Attorney
Filed under: Orphan | Tagged: best deportation attorney, best immigration attorney, best immigration lawyer, Brian D. Lerner, brian lerner, california immigration, california immigration attorney, california immigration lawyer, californiaimmigration.us, deportation attorney, deportation lawyer, eimmigration.org, Immigration Lawyer, inland empire deportation attorney, inland empire immigration attorney, inland empire immigration lawyer, Law Offices of Brian D. Lerner, long beach immigration attorney, long beach immigration lawyer, los angeles county deportation attorney, los angeles county immigration attorney, los angeles county immigration lawyer, los angeles deportation attorney, los angeles deportation lawyer, los angeles immigration, los angeles immigration attorney, los angeles immigration lawyer, orphan petition, san bernardino county immigration attorney, san bernardino deportation attorney, san bernardino deportation lawyer, san bernardino immigration attorney, san bernardino immigration lawyer, south bay immigration attorney, south bay immigration lawyer, spanish deportation attorney, spanish deportation lawyer, spanish immigration attorney, spanish immigration lawyer | Leave a comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 