Posted on August 26, 2019 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Lawful Permanent Resident granted stand-alone 212(h) waiver after 10 years in Immigration Court. Client was placed in removal proceedings after returning to the U.S. from a trip abroad because of several California theft convictions. Client also had previous theft/fraud convictions and an order of deportation.
Filed under: best deportation attorney | Tagged: 212(h), criminal waiver, Deportation, fraud convictions, Immigration Court, lawful permanent resident, LPR | Leave a comment »
Posted on August 4, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Clarifying Matter of C-J-H-, the BIA held that a noncitizen who adjusts status under INA §209(b) changes his or her status from that of a noncitizen granted asylum to that of a noncitizen lawfully admitted for permanent residence, thereby terminating his or her asylee status. The BIA further held that the restrictions on removal in INA §208(c)(1)(A) do not apply to a noncitizen granted asylum whose status is adjusted to that of a noncitizen lawfully admitted for permanent residence pursuant to INA §209(b).
Filed under: best deportation attorney | Tagged: asylee, asylum, BIA, board of immigration appeals, lawful permanent resident, LPR | Leave a comment »
Posted on April 19, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.
These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.
The new card designs demonstrate USCIS’ commitment to continue taking a proactive approach against the threat of document tampering and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud
The new Green Cards and EADs will:
Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
Green Cards will have an image of the Statue of Liberty and a predominately green palette;
EAD cards will have an image of a bald eagle and a predominately red palette;
Have embedded holographic images; and
No longer display the individual’s signature.
Filed under: Green Card | Tagged: Green Card, green card ban, green cards, Immigration, Immigration Attorney, Immigration Lawyer, LPR, new designed green card | 2 Comments »
Posted on April 19, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
U.S. Citizenship and Immigration Services today announced a redesign to the Permanent Resident Card (also known as a Green Card) and the Employment Authorization Document (EAD) as part of the Next Generation Secure Identification Document Project. USCIS will begin issuing the new cards on May 1, 2017.
These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant than the ones currently in use.
The new card designs demonstrate USCIS’ commitment to continue taking a proactive approach against the threat of document tampering and fraud. They are also part of an ongoing effort between USCIS, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement to enhance document security and deter counterfeiting and fraud.
The new Green Cards and EADs will:
Display the individual’s photos on both sides;
Show a unique graphic image and color palette:
Green Cards will have an image of the Statue of Liberty and a predominately green palette;
EAD cards will have an image of a bald eagle and a predominately red palette;
Have embedded holographic images; and
No longer display the individual’s signature.
Filed under: best deportation attorney | Tagged: green cards, LPR, new designed green card | 2 Comments »
Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence.
Filed under: best deportation attorney | Tagged: LPR, temporary expanded status, TPS | Leave a comment »
Posted on April 2, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence
Extension of TPS
Temporary protected status
TPS for 18 months
Law Offices of Brian D. Lerner
Filed under: Temporary Protected Status (TPS) | Tagged: Immigration, Immigration Attorney, Immigration Lawyer, LPR, Sudan Temporary Protected Status, temporary expanded status, temporary protected status, Temporary Protected Status (TPS), TPS | Leave a comment »
Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Third Circuit upheld the BIA’s decision and denied the petition for review, finding that an immigrant who is admitted as a lawful permanent resident on a conditional basis (“conditional LPR”) qualifies as “an alien lawfully admitted for permanent residence” for purposes of the aggravated felony bar under INA §212(h).
Filed under: Immigration Attorney | Tagged: 212(h), admitted to US, aggravated felony, aggravated felony bar, LPR | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In an unpublished decision, the BIA sustained the appeal and remanded, concluding that when a Lawful Permanent Resident (LPR) petitioner and a U.S. citizen spouse adopt a child together, they may choose either to pursue a Hague Convention adoption route or to pursue the Form 1-130 route through the LPR spouse. The BIA noted that the regulations do not require an LPR adoptive parent to pursue a Convention adoption, even if that LPR is married to a U.S. citizen.
https://cbocalbos.wordpress.com/tag/bia/
https://cbocalbos.wordpress.com/tag/bia-board-of-immigration-appeals/
https://cbocalbos.wordpress.com/tag/appeal-to-bia/
https://californiaimmigration.us/bia-deference-given-to-particulary-serious-crime/
Filed under: BIA | Tagged: adoption petition, hague convention, lawful permanent resident, LPR | Leave a comment »
Posted on December 8, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA held that to establish that a returning LPR is to be treated as an applicant for admission, the government has the burden of proving by clear and convincing evidence that a §101(a)(13)(C) exceptions applies.
Filed under: Immigration Attorney | Tagged: Atty.Brian D. Lerner, §101(a)(13)(C), BIA, Burden of Proof, Immigration Lawyer, LPR | Leave a comment »