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What do I have to be thankful for this year?

What do I have to be thankful for this year?


Question: I have been fighting for years to obtain residency and it seems like a never ending battle. I’m getting down and don’t really know if I want to continue. Any help?


Answer: Well, there have been some very good developments over the last year. First, there is DACA to allow people under 30 to apply to the ability to be able to stay here, work and go to school in two year increments. There has also been regulations issued (although not final yet) for the Stateside Waiver of Inadmissibility so that loved ones do not have to wait outside the United States for years while the government is deciding whether to grant or deny the waiver.


Also, President Obama has been re-elected. It seems now there are legislators and other parties now interested in coming forth with a comprehensive immigration bill. We will have to see on this if this is coming, but it does seem a considerably higher priority than in the prior administration.


We also have to look at what has happened in Connecticut with the shooting of all of those children. It was an absolute terrible and horrific incident. I know that the United States and the world pours their hearts out and sympathy to the families whose children were killed. It makes each and every one of us look at our own children and to become thankful that they are with us and that they are safe.


It also makes us realize that there does not seem to be any problems that we cannot eventually overcome. Thus, the fact that you have fought for years to obtain residency can be frustrating, but it is certainly doable. There is light at the end of the tunnel. During this Holiday Season, we should be very grateful for all that we have and all that has been given to us. There will always be struggles and adversity, but as you can see, it can be much, much worse.


We should take a step back from all of the daily struggles and problems we have and hug our loved ones and give thanks for what we have. As an Immigration Attorney, I will continue the fight for comprehensive immigration reform and I will continue to fight against injustice that is felt in the immigration world. Finally, while we are giving hugs to our loved ones and being thankful for everything we have, let’s send our prayers and sympathies to the families of the victims in Connecticut.


I would also like to take this opportunity to wish everyone a joyous and festive Holiday Season.

I can Alien Smuggle and not get Deported?

I can Alien Smuggle and not get deported? Question: I helped somebody get across the border of the U.S., and it was not done in a legal matter. I am now in removal proceedings and they are trying to deport me. Do I have any way of staying here in the U.S.? Answer: First, what you did would be known as alien smuggling. It is when you encouraged, induced, assisted, abetted, or aided an individual who to enter the United States in violation of the law. There are waivers available for this, but it is limited and only in certain circumstances. Who did you smuggle into the U.S.? Question: It was my husband. Can you help? Answer: Yes, there is a Waiver available here. The waiver is only available to residents who have the Green Card, and only when you have encouraged, induced, assisted, abetted, or aided an individual who, at the time of the offense, was your spouse, parent, son, or daughter to enter the United States in violation of the law. The waiver does not apply if the individual assisted anyone else. Question: What do I need to do to apply for the Waiver? Answer: The Attorney General may grant the waiver for humanitarian purposes, to ensure family unity, or when otherwise in the public interest. Immigration judges have authority to grant the waiver in removal proceedings. There is no particular form required to make application. You must establish that you meet the statutory requirements and demonstrate how granting the waiver would serve a humanitarian or public interest purpose or promote family unity. Question: What if I was not married at the time that I smuggled my husband into the U.S.? Answer: The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 amended the smuggling waiver provision to specify that the family relationship must have existed at the time of the smuggling, rather than at the time of application for the waiver. The change applies to applications filed before, on, or after September 30, 1996, as long as there has been no final determination on the application as of that date. The amendment was drafted specifically to overrule a 1996 Board of Immigration Appeals (BIA) decision that held that the waiver was available if the familial relationship arose after the smuggling incident but before the time of application for relief. In Matter of Farias-Mendoza, the respondent, an LPR, was caught smuggling her boyfriend from Mexico into the United States. She married her boyfriend before the deportation hearing and the BIA held that the waiver was available. It found that to hold any other way would defeat the purpose of the waiver provision, which was to encourage family unity. Congress apparently did not agree. It passed the amendment to foreclose what it perceived to be an opportunity for abuse. Therefore, unless you are applying for this relief prior to 1996 which is not likely, you would have had to have been married at the time that the alien smuggling was committed and you would have to be a Lawful Permanent Resident. Question: Should I get the help of an attorney in Removal Proceeding to help apply for the Waiver since there is no actual form? Answer: It would be a great idea to get an attorney. Just because there is no formal form required, there will have to be put together a Waiver package and there must be witnesses and a trial that is put on for the Judge. It is very discretionary and if not approved, you would be deported.

New Office opening in the Philippines in Fort Bonifacio

Helping directly from the Philippines


Question: Do you have an office in the Philippines?


Answer: Yes, my branch office in the Philippines will be opening up in July 2011.


Question: Where is your office?


Answer: It will be in Fort Bonifacio. My office address is the ICON II, Fourth Floor, Suite A, Taguig City, Philippines. I will be going to the Philippines between 2 and 4 times per year. However, when I am not there, I will be giving video consultations with persons who come to my office. They will be offered several times per week.


Question: When do you think you will be able to give the consultations to people in the Philippines who come to your office?


Answer: It will vary depending on my court schedule. However, it is anticipated that I will be giving it Filipino time Saturday mornings at 9:00 a.m., Tuesday mornings at 9:00 a.m., and Thursday mornings at 10:00 a.m. The video consultation will be as though I am there. With the advent of modern technology, it is a great way to help people from the Philippines.


Question: Will you charge for the consultation?


Answer: If the person will come into the office, the consultation will be free. I will take as much time with each person as it takes to determine what should be done, what the costs are and what it would take to move forward.


Question: Will you take payment plans?


Answer: Of course. I will work with the client as much as possible in order to try to help.


Question: What kind of cases will you take from the Philippines?


Answer: My firm helps in all types of cases. It will be from persons who were previously deported to the Philippines and want to come back to the U.S., to those who want to visit, to those who want to invest in businesses in the U.S. It will be to help persons with family based petitions to those with employment based petitions. It will be for those who need to do waivers. Basically, my firm can help anyone who needs help to get to the U.S.


Question: Is your new office in the Philippines located in a nice and safe area?


Answer: If you will go on the web and search for Fort Bonifacio and ICON II, you will see it is a beautiful area. The building itself is extremely modern and in an are of the Philippines whereby many businesses are moving. When you come in for an appointment, you will be able to wait in the beautiful lobby and relax for a while until it is your turn for the consultation.


Question: Are you happy to be expanding to the Philippines?


Answer: Well, I could not be happier or prouder. I have been helping Filipinos for nearly two decades and now I can help those directly in the Philippines by expanding my operations to that country. I am looking forward to beginning my operations in the Philippines and helping individuals and families for years to come.

Southern California Immigration Attorney Gives Interview on What it is like to be a Certified Specialist

A frank and captivating interview from Los Angeles Southern California  Immigration Attorney, Brian D. Lerner
Date Released: 01/16/2010
Press Release Image Southern California Immigration Lawyer in Los Angeles An interview with Brian D. Lerner who is a Southern California Los Angeles Immigration Lawyer.Question : howdy Mr. Lerner, I’m happy that we could have this interview. How long have you been a Southern Californ LA Immigration Attorney?

Answer : I’ve been a L. A. Southern Calfornia Immigration lawyer for many years. In fact, I was licensed in 1992. Many years I passed a rigorous exam and intensive experience requirements by the State Bar of California, Board of Legal Specialization. While I am a LA Southern California Immigration Lawyer, I could be a licensed specialist in Immigration and Nationality Law for the entire State of California. Additionally, I’ve been admitted to Circuit Courts of Appeal all over the united states and can help folks anywhere in the US.

Question : As a Los Angeles Southern California Immigration Attorney, what kinds of cases do you take?

Answer : I can handle the hardest of immigration cases arising from business visas, work authorizes, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all other areas of immigration. Generally, if the case is straightforward, it doesn’t come into my office. However , I help all ranges of folk in need as a L. A. Immigration lawyer. I help the individual that must do a marriage petition, to the person in deportation, to the person who needs a Waiver of Inadmissibility to the person who needs to get the Green Card from employment.

I also help many individuals in deportation or removal proceedings. Many times these folks have led productive lives except for a mistake many years ago and now they are having to pay the cost. There is no reason to give up. There are many ways of fighting a deportation case so as not to be deported for the rest of their lives in some cases. We will be able to do criminal relief and return to Criminal Court to vacate and/or vacate the crime so that specific person isn’t an aggravated felon. In addition, there are different types of relief in Immigration Court such as adjustment of standing, cancellation of removal for lawful permanent residents, cancellation of removal for non-permanent residents, political asylum, convention against torture, withholding of removal, termination of the case, naturalization amongst others. We can also try to argue the official language of the conviction does not rise to the level claimed by immigration. All I am able to say is ‘don’t give up’. We will fight for you.

Question : As an Immigration Attorney in Southern California, did you get your education in California?

Answer : Yes, i received my B.S. Degree in Business Administration, with importance on PC information Systems, from the college of Southern California. I then graduated from the university of the Pacific, McGeorge school of Law with a Juris Doctorate degree. I’ve always practiced in California and have clients all over the State of California. However , as a Los Angeles Immigration counsel, my offices have always been in the L. A. Area.

Question : Are you admitted to the U.S. Supreme Court?

Answer : Yes, I’m admitted to the united states Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 11th, 10th, 9th, 8th, 7th, 6th, 5th, 4th, third, 2nd and 1st Circuits. This implies that even though I am a Los Angeles Immigration Lawyer, I am able to prepare and file all Circuit Court of Appeals and U.S. Supreme court cases in the majority of the US As for all immigration matters at the Immigration Courts, USCIS, BICE, BCBP, BALCA, dept of work, and the Board of Immigration Appeals. My firm can prepare all matters in each state in the US, Puerto Rico and Guam. As a Los Angeles Southern California Immigration Attorney, I have traveled all over the united states to help folks with their immigration needs.

Question : What do you have got to say in conclusion as a Southern California Immigration Attorney in Los Angeles?

Answer: I’ll handle the hardest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. I am frequently present in immigration court, representing people in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. I have prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at the Bureau of Citizenship and Immigration Services. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.

I have prepared business visas for individuals from all around the world. Our firm has clients from practically each continent on Earth. My visa experience extends to Treaty Traders, Treaty backers, Intercompany Transferees, Speciality Occupations, coaching programs, and NAFTA visas. I have extensive experience in nearly all other sorts of visas issued. Additionally to all of those items while I have been an Immigration lawyer in L. A. , I have prepared enterprise Manager, countrywide Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.

My clients are from all over the U. S. and many states around the world. Immigration Law is Fed. Law. although I am a Los Angeles Immigration Attorney, a petition or application would be prepared the same in Texas, Florida, or any other State as it might in California. It is more critical for you to be sure that you have an expert solicitor in Immigration Law prepare your case, instead of a barrister who turns out to be local. There is too much at stake to just give your case to anyone.

As a Los Angeles Immigration attorney, I am going to fight for you and your folks. Since I am married to an immigrant himself, I am committed to helping folks from all around the world to come to the U. S. to realize their dream.

Question : Thank you very much Mr. Lerner for taking the time to give us this interview. I’m certain that people have many questions for you and would like to make contact with you and learn how to get a consultation. What can they do?

Answer : They can call my office at 562-495-0554 or Toll-Free at 866-495-0554. Additionally, they can e-mail me their questions at blernercaliforniaimmigration.us or visit out website at http://www.californiaimmigration.us. I also can give Phone Consultations and even Rush Consultations if required. Eventually, for those people who do what another option, I can give them a web video consultation where they don’t even have to have a camera on their side.

I’d simply ask that they contact me so I’ll do my utmost to help them and their families.

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