• Hours & Info

    3233 E. Broadway,
    Long Beach, CA 90803
    (562) 495-0554
    M-F: 8:00am - 6:00 p.m.
    Sat: 9:00 a.m. - 12:00 p.m.

  • Past Blog Posts

  • https://api.whatsapp.com/send?phone=13104885414

Have $1,000,000 for a Green Card?

Posted on November 4, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a wealthy businessman and would like to find some expedited way to get into the U.S. Can you let me know if there are other alternatives to the lengthy several year Labor Certification process?

Answer: The Immigrant Investor Pilot Program (“Pilot Program”) was created on October 6, 1992. This is a variation of a program known as the EB-5 Investor Program. The Pilot Program began in accordance with a Congressional mandate aimed at stimulating economic activity and creating jobs for U.S. workers, while simultaneously affording eligible aliens the opportunity to become lawful permanent residents. Through this innovative program, foreign investors are encouraged to invest funds in an economic unit known as a “Regional Center.” A Regional Center is defined as any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Presently up to 3000 immigrant visas are set aside each year for the Pilot Program. As of June 1, 2004, a total of 26 Regional Centers have been designated by the legacy Immigration and Naturalization Service (INS) and today, the U.S. Citizenship and Immigrations Services (USCIS).

Question: What must I do to get an approval for a Regional Center?

Answer: The basic requirements for Regional Center designation are 1) Applicants must show how their proposed program will focus on a geographic region; promote economic growth through increased export sales, if applicable; promote improved regional productivity; create a minimum of 10 direct or indirect jobs per investor; increase domestic capital investment; be promoted and publicized to prospective investors; have a positive impact on the regional or national economy through increased household earnings; and generate a greater demand for business services, utilities maintenance and repair, and construction jobs both in and around the center.

Question: How much must I invest?

Answer: The capital investment requirement for any EB-5 investor, inside or outside of a Regional Center is $1 million. The capital investment requirement for an EB-5 investor in a Targeted Employment Area (TEA) or a Rural Area (RA) is $500,000. A TEA is a geographic area or political subdivision located within a metropolitan statistical area or within a city or town with a population in excess of 20,000 with an unemployment level at least 150% of the national unemployment rate. A RA is a geographical area that is outside a metropolitan statistical area, or part of the outer boundary of any city or town having a population of 20,000 or less as shown by population indicators. In certain areas involving a sparsely populated state, an approved statewide Regional Center likely encompasses both TEAs and RAs.

Thus, if you can establish the business in a TEA or RA, you will be able to save $500,000 of the investment. If approved, you will get a conditional Green Card which will allow you be a Lawful Permanent Resident. Then within two years you must file a petition to remove the conditional residency. The USCIS wants to make certain that you simply did not put down $1,000,000 and then not actually follow through with your business. However, this is certainly a much faster way of obtaining the Green Card if you qualify.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Can I Substitute in another employee?

Posted on November 3, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: My Company was petitioning in an employee for the Labor Certification. We have waited years for this employee to come and work for us. However, last month he told us that he was no longer interested in the job. We feel somewhat betrayed as we waited all this time for his Labor Certification to go through. It has been certified by the Department of Labor and we do not now have an employee for the position. Must we completely start over?

Answer: Actually, it is not necessary that you start all over with another future employee. As you know, the Labor Certification is a procedure whereby a person can be petitioned by an employer for future employment. For those that cannot be petitioned through a family member, this is often the best way to eventually get a Green Card or Lawful Permanent Residency. However, as I am sure you have discovered, the employer and the employee have to cooperate for several years for the eventual success of the Labor Certification.

Now that you have an approved Labor Certification for your company, normally you would file the Employment Petition and then the Adjustment of Status application or the Consulate Processing application if the person is outside the U.S. However, since your future employee is no longer wanting or willing to go through with the rest of the procedure, you would normally have to start over the entire process from the beginning.

However, there is an exception. If you can find another future employee who has the same basic qualifications and will work in the same position, then you can substitute in this employee.

Question: What exactly do you mean to ‘substitute’ in the new employee?

Answer: This term is exactly what it refers to. Without starting from the beginning, another person can just jump into the shoes of the previous employee (who no longer wants to continue) and start from where he left off. This means, you do not need to do another Labor Certification, nor do you need to wait all those years to continue. You simply continue forward with the new employee.

Question: This sounds too good to be true. Why would the law allow this?

Answer: It is because the Labor Certification itself does not really have anything to specifically do with the employee. The Labor Certification process merely shows that there are no qualified workers to fill the position. Therefore, when the job has been certified by the Department of Labor, it means that there has been successful proof that that particular job cannot be filled. Thus, if you find another person seeking to work for you to fill the position with the same qualifications, he or she can now just continue. This is a very useful, but not very well known provision that permits you to do this. If you do everything correctly, you should have a new employee working for you in a very short time.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Why can’t I get my adopted orphan into the U.S.?

Posted on November 2, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: My husband and I have tried for years to have a baby. Unfortunately, we have been unable. However, we have found a beautiful baby girl from the Far East. She is an orphan and we thought we could just adopt her and bring her back to the U.S. It appears that this is not the case. Please let me know what we have to do to bring our future daughter home.

Answer: First, the child has to qualify as an orphan. First she must be under 16 at the time the visa petition is filed. Next, the child’s parents must have been either killed or abandoned or deserted her. If one parent is still alive, that parent must commit in writing a document that he or she is completely unable to care for the child and is giving the child up for adoption. Next, you have to qualify to adopt the child. For an orphan petition, you must be a U.S. Citizen and adopting the child jointly with your spouse. Alternatively, one can be an unmarried U.S. Citizen who is at least 25 years old.

Question: How do we go about adopting the orphan?

Answer: There are two ways to adopt an orphan. First, the child may be adopted abroad by a couple or an unmarried U.S. citizen if they personally saw or observed the child before or during the adoption proceedings. Second, the child may come to the United States for adoption by the couple or unmarried person if they have complied with the preadoption requirements, if any, of the child’s proposed U.S. residence. In addition, the Immigration must be satisfied that proper care will be provided for the child.

Question: How do we petition to get the orphan here into the U.S.?

Answer: Petitioning for an orphan involves two distinct determinations. The first determination focuses on the ability of the prospective adoptive parent(s) to provide a proper home environment and on their suitability as parents. This determination is based primarily on a home study and fingerprint checks submitted with the advanced processing application. The second determination, based on the orphan visa petition, concerns whether the child is an orphan under the INA. The prospective adoptive parent(s) may submit documentation for each of these determinations separately or at one time, depending on when the orphan is identified. An orphan visa petition cannot be approved unless there is a favorable determination on the advanced processing application. A favorable determination on the advanced processing application, however, does not guarantee that the orphan visa petition will be approved.

If the State which you are living has preadoption requirements, they must be complied with.

Question: After both petitions are filed, how can I bring our child into the United States?

Answer: First, an orphan petition can be denied for a variety of reasons, including: (1) failing to establish financial ability to care for the child; (2) failing to establish that the child is an orphan; (3) failing to establish an ability to care for the child properly; (4) filing the orphan petition more than 18 months after the I-600A advanced processing application has been approved; or (5) evidence of child-buying. The regulations define child-buying as any money or other consideration given directly or indirectly to the child’s parents, agents, or other individuals as payment for the child or as an inducement to release the child.

Assuming it has been approved, the Immigration will notify the parents and the U.S. embassy or consular post that will issue the visa on approval of the application. The State Department must then complete what is known as an I-604 investigation. If the I-604 investigation reveals negative information, the information is forwarded to the INS for appropriate action.

If the I-604 investigation reveals nothing adverse and the case is otherwise clearly approvable, the State Department consular officer will issue the visa to allow the orphan to enter the United States. If the petition is not clearly approvable, however, the consular officer will refer the case back to Immigration.

As of February 27, 2001, an orphan becomes a U.S. citizen automatically upon admission to the United States, as long as the child is entering on an immigrant visa.

============================================================

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

No more Work Permits for H-1B’s this year.

Posted on October 29, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a college degree in accounting and an employer that wants to sponsor me. I have been told that I qualify for the H-1B, but that there may be a problem with getting the H-1B adjudicated. My application was submitted about one week ago. I better hurry to get the application in to the immigration. How long do I have?

Answer: Unfortunately, you may be too late for this year. The United States Citizenship and Immigration Services (USCIS) have just announced that the H-1B procedures have reached the cap. In other words, the USCIS announced today that it has received enough H-1B petitions to meet this year’s congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

Question: What does this mean for my application?

Answer: First, the new H-1B’s will start again next October. USCIS has implemented the following procedure for the remainder of FY 2004: 1) USCIS will process all petitions filed for first-time employment received by the end of business on February 17, 2004; 2) USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today; 3) Returned petitions will be accompanied by the filing fee; 4) Petitioners may re-submit their petitions when H-1B visas become available next October; 4) The earliest date a petitioner may file a petition requesting Fiscal Year 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004.

Question: What about my friend who has an H-1B that is about to expire and needs to get his H-1B extended? Is he also subject to the H-1B cap.

Answer: Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to extend the amount of time a current H-1B worker may remain in the United States, change the terms of employment for current H-1B workers, allow current H-1B workers to change employers, allow current H-1B workers to work concurrently in a second H-1B position.

Question: Are there any other exceptions?

Answer: USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.

Question: What about persons who do not fall into those categories, but must file for the H-1B?

Answer: They cannot file now for the H-1B. However, there are other types of status they could try to apply for if they qualify. Such examples would be the O (Extraordinary Ability), or F (Student) change of status. They must be careful to maintain their status or they will not be able to change their status once the H-1B’s begin again next October.

============================================================

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Why can’t I get my adopted orphan into the U.S.?

Posted on October 28, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: My husband and I have tried for years to have a baby. Unfortunately, we have been unable. However, we have found a beautiful baby girl from the Far East. She is an orphan and we thought we could just adopt her and bring her back to the U.S. It appears that this is not the case. Please let me know what we have to do to bring our future daughter home.

Answer: First, the child has to qualify as an orphan. First she must be under 16 at the time the visa petition is filed. Next, the child’s parents must have been either killed or abandoned or deserted her. If one parent is still alive, that parent must commit in writing a document that he or she is completely unable to care for the child and is giving the child up for adoption. Next, you have to qualify to adopt the child. For an orphan petition, you must be a U.S. Citizen and adopting the child jointly with your spouse. Alternatively, one can be an unmarried U.S. Citizen who is at least 25 years old.

Question: How do we go about adopting the orphan?

Answer: There are two ways to adopt an orphan. First, the child may be adopted abroad by a couple or an unmarried U.S. citizen if they personally saw or observed the child before or during the adoption proceedings. Second, the child may come to the United States for adoption by the couple or unmarried person if they have complied with the preadoption requirements, if any, of the child’s proposed U.S. residence. In addition, the Immigration must be satisfied that proper care will be provided for the child.

Question: How do we petition to get the orphan here into the U.S.?

Answer: Petitioning for an orphan involves two distinct determinations. The first determination focuses on the ability of the prospective adoptive parent(s) to provide a proper home environment and on their suitability as parents. This determination is based primarily on a home study and fingerprint checks submitted with the advanced processing application. The second determination, based on the orphan visa petition, concerns whether the child is an orphan under the INA. The prospective adoptive parent(s) may submit documentation for each of these determinations separately or at one time, depending on when the orphan is identified. An orphan visa petition cannot be approved unless there is a favorable determination on the advanced processing application. A favorable determination on the advanced processing application, however, does not guarantee that the orphan visa petition will be approved.

If the State which you are living has preadoption requirements, they must be complied with.

Question: After both petitions are filed, how can I bring our child into the United States?

Answer: First, an orphan petition can be denied for a variety of reasons, including: (1) failing to establish financial ability to care for the child; (2) failing to establish that the child is an orphan; (3) failing to establish an ability to care for the child properly; (4) filing the orphan petition more than 18 months after the I-600A advanced processing application has been approved; or (5) evidence of child-buying. The regulations define child-buying as any money or other consideration given directly or indirectly to the child’s parents, agents, or other individuals as payment for the child or as an inducement to release the child.

Assuming it has been approved, the Immigration will notify the parents and the U.S. embassy or consular post that will issue the visa on approval of the application. The State Department must then complete what is known as an I-604 investigation. If the I-604 investigation reveals negative information, the information is forwarded to the INS for appropriate action.

If the I-604 investigation reveals nothing adverse and the case is otherwise clearly approvable, the State Department consular officer will issue the visa to allow the orphan to enter the United States. If the petition is not clearly approvable, however, the consular officer will refer the case back to Immigration.

As of February 27, 2001, an orphan becomes a U.S. citizen automatically upon admission to the United States, as long as the child is entering on an immigrant visa.

============================================================

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Is my appeal useless?

Posted on October 27, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I lost at the Immigration Court level. I appealed the decision about six months ago to the Board of Immigration Appeals (BIA). Now, I just received a decision of the BIA. The entirety of the decision essentially states that the case is denied without giving any reasoning whatsoever. There is nothing else written on the decision. There is no reasoning to the opinion and no discussion as to why it was affirmed without an opinion. I do not know what to do at this point. I do not know how I can appeal as I cannot tell why the BIA denied the case. Can you help?

Answer: Unfortunately, it is becoming more common for the BIA to issue decisions in this manner. It is very unfair as it does not discuss any merits to the appeal, nor does it discuss why they agree with the Immigration Judge. This is a practice that has become all but common.

Over the past several months, the courts of appeals have issued several decisions directly (and indirectly) addressing the BIA’s summary affirmance without opinion (AWO) procedure. The AWO procedure allows a single BIA member to affirm the underlying immigration judge’s decision, without giving any reasons and without adopting the reasoning of the immigration judge.

To date, all of the courts to address AWO’s have turned aside challenges to the validity of the regulations. Nonetheless, most of the published decisions do not foreclose all challenges to AWO’s. Many of the AWO-related court decisions address only limited aspects of the AWO procedure or are limited to the facts of the case.

Question: Does this mean that I should appeal to the Circuit Courts?

Answer: Yes, you should do what is known as a Petition for Review to the Circuit Courts of Appeal. While people have been trying for months to get the AWO overturned, there have not been any conclusive decisions on this matter. Therefore, it is necessary to read closely the controlling cases in your circuit and argue for a narrow interpretation of the AWO cases.

In particular, one argument that has not been foreclosed is that the BIA failed to comply with its own regulations because the case did not meet the criteria for an AWO decision.

Essentially, the BIA member must find that the case satisfies three regulatory criteria before he or she can issue an AWO decision. Specifically, the BIA member must find 1. That the result reached by the immigration judge was correct; 2. That any errors in the decision below were harmless or nonmaterial; and either 3. (a) That the issue on appeal is squarely controlled by existing Board or federal court precedent and does not involve the application of precedent to a novel fact situation; or (b) That the factual and legal questions raised on appeal are not so substantial that a written decision is warranted.

In order to show that the BIA is not complying with its own regulations, it is important to brief fully the merits of your case. Thus, although there necessarily will be additional reasons for remanding the case to the agency, urge the court to remand for the reason that the BIA member did not comply with the AWO regulations.

Therefore, while it will not be easy, you should not give up and keep fighting to try to get the summary decision without opinion overturned. Otherwise, the BIA will simply be a rubber-stamp for whatever the judge did and not a real appellate body.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Why can’t I get my adopted orphan into the U.S.?

Posted on October 26, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: My husband and I have tried for years to have a baby. Unfortunately, we have been unable. However, we have found a beautiful baby girl from the Far East. She is an orphan and we thought we could just adopt her and bring her back to the U.S. It appears that this is not the case. Please let me know what we have to do to bring our future daughter home.

Answer: First, the child has to qualify as an orphan. First she must be under 16 at the time the visa petition is filed. Next, the child’s parents must have been either killed or abandoned or deserted her. If one parent is still alive, that parent must commit in writing a document that he or she is completely unable to care for the child and is giving the child up for adoption. Next, you have to qualify to adopt the child. For an orphan petition, you must be a U.S. Citizen and adopting the child jointly with your spouse. Alternatively, one can be an unmarried U.S. Citizen who is at least 25 years old.

Question: How do we go about adopting the orphan?

Answer: There are two ways to adopt an orphan. First, the child may be adopted abroad by a couple or an unmarried U.S. citizen if they personally saw or observed the child before or during the adoption proceedings. Second, the child may come to the United States for adoption by the couple or unmarried person if they have complied with the preadoption requirements, if any, of the child’s proposed U.S. residence. In addition, the Immigration must be satisfied that proper care will be provided for the child.

Question: How do we petition to get the orphan here into the U.S.?

Answer: Petitioning for an orphan involves two distinct determinations. The first determination focuses on the ability of the prospective adoptive parent(s) to provide a proper home environment and on their suitability as parents. This determination is based primarily on a home study and fingerprint checks submitted with the advanced processing application. The second determination, based on the orphan visa petition, concerns whether the child is an orphan under the INA. The prospective adoptive parent(s) may submit documentation for each of these determinations separately or at one time, depending on when the orphan is identified. An orphan visa petition cannot be approved unless there is a favorable determination on the advanced processing application. A favorable determination on the advanced processing application, however, does not guarantee that the orphan visa petition will be approved.

If the State which you are living has preadoption requirements, they must be complied with.

Question: After both petitions are filed, how can I bring our child into the United States?

Answer: First, an orphan petition can be denied for a variety of reasons, including: (1) failing to establish financial ability to care for the child; (2) failing to establish that the child is an orphan; (3) failing to establish an ability to care for the child properly; (4) filing the orphan petition more than 18 months after the I-600A advanced processing application has been approved; or (5) evidence of child-buying. The regulations define child-buying as any money or other consideration given directly or indirectly to the child’s parents, agents, or other individuals as payment for the child or as an inducement to release the child.

Assuming it has been approved, the Immigration will notify the parents and the U.S. embassy or consular post that will issue the visa on approval of the application. The State Department must then complete what is known as an I-604 investigation. If the I-604 investigation reveals negative information, the information is forwarded to the INS for appropriate action.

If the I-604 investigation reveals nothing adverse and the case is otherwise clearly approvable, the State Department consular officer will issue the visa to allow the orphan to enter the United States. If the petition is not clearly approvable, however, the consular officer will refer the case back to Immigration.

As of February 27, 2001, an orphan becomes a U.S. citizen automatically upon admission to the United States, as long as the child is entering on an immigrant visa.

============================================================

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

No more Work Permits for H-1B’s this year.

Posted on October 23, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have a college degree in accounting and an employer that wants to sponsor me. I have been told that I qualify for the H-1B, but that there may be a problem with getting the H-1B adjudicated. My application was submitted about one week ago. I better hurry to get the application in to the immigration. How long do I have?

Answer: Unfortunately, you may be too late for this year. The United States Citizenship and Immigration Services (USCIS) have just announced that the H-1B procedures have reached the cap. In other words, the USCIS announced today that it has received enough H-1B petitions to meet this year’s congressionally mandated cap of 65,000 new workers. After today, USCIS will not accept any new H-1B petitions for first-time employment subject to the FY 2004 annual cap.

Question: What does this mean for my application?

Answer: First, the new H-1B’s will start again next October. USCIS has implemented the following procedure for the remainder of FY 2004: 1) USCIS will process all petitions filed for first-time employment received by the end of business on February 17, 2004; 2) USCIS will return all petitions for first-time employment subject to the annual cap received after the end of business today; 3) Returned petitions will be accompanied by the filing fee; 4) Petitioners may re-submit their petitions when H-1B visas become available next October; 4) The earliest date a petitioner may file a petition requesting Fiscal Year 2005 H-1B employment with an employment start date of October 1, 2004, would be April 1, 2004.

Question: What about my friend who has an H-1B that is about to expire and needs to get his H-1B extended? Is he also subject to the H-1B cap.

Answer: Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to extend the amount of time a current H-1B worker may remain in the United States, change the terms of employment for current H-1B workers, allow current H-1B workers to change employers, allow current H-1B workers to work concurrently in a second H-1B position.

Question: Are there any other exceptions?

Answer: USCIS also notes that petitions for new H-1B employment are not subject to the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization. USCIS will also continue to process H-1B petitions for workers from Singapore and Chile consistent with Public Laws 108-77 and 108-78.

Question: What about persons who do not fall into those categories, but must file for the H-1B?

Answer: They cannot file now for the H-1B. However, there are other types of status they could try to apply for if they qualify. Such examples would be the O (Extraordinary Ability), or F (Student) change of status. They must be careful to maintain their status or they will not be able to change their status once the H-1B’s begin again next October.

============================================================

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

Is there any law coming to help undocumented workers?

Posted on October 22, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard a lot about upcoming immigration reform and bills to help immigrants obtain jobs. However, I know many people who have been working under the table for a very small wage. Do know what laws may be coming and how they might help immigrants?

Answer: There has been the introduction in the Senate of the first comprehensive immigration reform bill introduced in Congress. Other bills are expected to be introduced shortly. One such proposal is centered on an uncapped temporary worker program intended to “match willing foreign workers with willing U.S. employers when no Americans can be found to fill the job.” The program would grant program participants temporary legal status and authorize working participants to remain in the U.S. for three years, with their participation renewable for an unspecified period. Initially, the program would be open to both undocumented people as well as foreign workers living abroad (with the program restricted to those outside of the U.S. at some future, unspecified date).

American employers would have to make reasonable efforts to find U.S. workers. Under this proposal, participants would be allowed to travel back and forth between their countries of origin and “enjoy the same protections that American workers have with respect to wages and employment rights.” The proposal also includes incentives for people to return to their home countries and calls for increased workplace enforcement as well as an unspecified increase in legal immigration.

Question: Are there any more bills?

Answer: The Immigration Act of 2004 also includes a “Willing Worker” program that revolves around a needed reform of the current H-2B program and the creation of a new H-2C program. The bill reforms the H-2B program as follows: it caps the program at 100,000 for five years, after which the numbers revert to 66,000; admission of H-2B visa holders is limited to nine months in any twelve-month period (with a maximum of 36 months in any 48-month period); and, with some exceptions, it does not allow portability. The new H-2C program is a two-year program

renewable for another two years. It is capped at 250,000 annually, and sunsets five years after regulations are issued. Portability is allowed after three months, with exceptions for earlier transfers allowed under certain circumstances. An attestation is required for both visas, with employers having to meet certain U.S. worker recruitment requirements. Dual intent is allowed in both visas and derivative status is available for both as well.

Thus, if these two reform bills go through, there will be a significant boost to the legal jobs available to people in these situations.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

What can I do if my husband is beating me?

Posted on October 21, 2025 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I married what I thought was a very loving man. However, after I came to the U.S., he started beating me. Now he threatens that if I tell anyone, he will have me deported and not help me with my petition. What can I do?

Answer: Generally, U.S. citizens (USC) and Lawful Permanent Residents (LPRs) file an immigrant visa petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. Unfortunately, some U.S. citizens and LPRs misuse their control of this process to abuse their family members, or by threatening to report them to the USCIS. As a result, most battered immigrants are afraid to report the abuse to the police or other authorities.

Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser’s assistance or knowledge, in order to seek safety and independence from the abuser.

Question: Who is Eligible to file this type of petition?

Answer: To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:

1) The Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.

2) The Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.

3) Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent.

Question: What are the Basic Requirements?

Answer: The self-petitioning spouse must be legally married to the U.S. citizen or lawful permanent resident batterer. A self-petition may be filed if the marriage was terminated by the abusive spouse’s death within the two years prior to filing. A self-petition may also be filed if the marriage to the abusive spouse was terminated, within the two years prior to filing, by divorce related to the abuse.

You must have been battered in the United States unless the abusive spouse is an employee of the United States government or a member of the uniformed services of the United States.

You must have been battered or subjected to extreme cruelty during the marriage, or must be the parent of a child who was battered or subjected to extreme cruelty by the U.S. citizen or lawful permanent resident spouse during the marriage.

You are required to be a person of good moral character. You must have entered into the marriage in good faith, not solely for the purpose of obtaining immigration benefits.

You should not live in this abuse and fear. There is help which you should seek.

Filed under: best deportation attorney | Tagged: , , , , | Leave a comment »

« Previous Page — Next Page »

  • Brian D. Lerner

    Immigration Lawyer

  • Blog Stats

    • 298,665 Visitors

  • Categories

  • Recent Posts