Nijhawan vs. Holder case updates how one analyzes crimes in Immigration under the categorical approach. Look at 1) categorical and 2)circunstancial.
Naturalization granted for person with crimes
Filed under: Immigration Crimes | Tagged: crimes, Crimes of Moral Turpitude, Immigration Attorney, Immigration Crimes, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
Filed under: Employer-Employee/Third-Party, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: employer-employee/third-party, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
This notice extends the registration period for applicants for Temporary Protected Status (TPS) for Haitian nationals through January 18, 2011.
The Law Offices of Brian D. Lerner
Filed under: Temporary Protected Status (TPS) | Tagged: Haitian Nationals, Immigration Attorney, Immigration Lawyer, Temporary Protected Status (TPS), USCIS | 1 Comment »
The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating to a controlled substance under former section 241(a)(2)(B)(i) of the Act, 8 U.S.C. § 1251(a)(2)(B)(i) (1994).
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Crimes of Moral Turpitude should be analyzed under 24 I & N DEC 687 (2008). Step 1: – If it is clearly a CMT then the analysis is over; Step 2: Was there a temporary or permanent taking; Step 3: What extrinsic evidence exists (this can be shown); Step 4 – CMT is a non elemental fact. Look at Johnso vs. US (130 S.Ct. 1265 (2010)) or Matter of Milan – 25 De. 197 (BIA 2010).
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The new case to look at re: divisibility of criminal statutes in Immigration Court proceedings is Nijawan vs. Holder, 129 S. Ct. 2294
Filed under: Criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Tagged: criminal statutes, Immigration Attorney, Immigration Court Proceedings, Immigration Lawyer, USCIS | Leave a comment »
For sexual abuse of a minor, the minor must be under 16 AND there must be a 4 year difference between the perpetrator and victim
Filed under: Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, Sexual Abuse of a Minor, USCIS | Tagged: age difference, Immigration Attorney, Immigration Lawyer, sexual abuse of a minor, USCIS | Leave a comment »
Regarding Voluntary Departure, try to withdraw the Voluntary Departure before filing the Motion to Reopen.
Post conclusion voluntary departure
Cannot stay a voluntary departure
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On the CSPA, if the age has locked in, then actual petition can be filed after age-out
Filed under: Aged-out, cspa, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Aged-out, cspa, Immigration Attorney, Immigration Lawyer, USCIS | 6 Comments »
CSPA applies when an I-130 is filed for : 1) Child of an LPR under 18 years old; 2) Parent is a USC (by birth or naturalization); 3) Parent has legal and physical custody and 4) child is residing in the U.S.; 5) the child is under 18 when the parent naturalizes. You can see specifics at section 320(a)
Filed under: cspa, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Tagged: cspa, Immigration Attorney, Immigration Lawyer, los angeles immigration attorney, USCIS | Leave a comment »
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