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Another win for the Law Offices of Brian D. Lerner

Client was placed in removal proceedings as a result of various convictions and those proceedings were eventually administratively closed (when she married a U.S. citizen and her I-130 was approved) so that she could apply for a provisional unlawful presence waiver (I-601A).  When Client’s I-601A was approved, her case was recalendared and she was granted voluntary departure, and after post-conviction relief for a theft conviction and various follow ups with the consulate, her visa was granted and she is now safely back in the United States with her husband and children.

Court Says It Lacks Jurisdiction to Review Denial of Bosnian Petitioner’s §237(a)(1)(H) Waiver Application

The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.

Another win for our law office for person with several convictions

Adjustment of status and waiver of inadmissibility granted for Canadian citizen with several convictions.  Now Client can remain inside the United States with his permanent resident wife and family.

Nonimmigrant Waivers Not allowed in Immigration Court

Matter of KHAN,  26 I&N Dec. 797 (BIA 2016)
Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status.

BIA Says IJs Cannot Adjudicate Section 212(d)(3)(A)(ii) Waiver by Petitioner for U Status

In a precedent decision issued today, the BIA held that IJs lack the authority to adjudicate a request for a waiver of inadmissibility under INA §212(d)(3)(A)(ii) by a petitioner for U nonimmigrant status. The BIA also concluded that the Seventh Circuit’s decision in L.D.G. v. Holder did not expressly find the language of §212(d)(3)(A) to be unambiguous, which would have left no room for agency discretion. Accordingly, the BIA will apply its ruling in this decision to cases nationwide, including cases arising in the Seventh Circuit.

Court Upholds Finding That Petitioner Falsely Represented Himself as a U.S. Citizen on a Form I-9

The Eighth Circuit denied the petition for review of the denial of the Tanzanian petitioner’s adjustment application, upholding the BIA’s finding that the petitioner intended to falsely represent himself as a U.S. citizen on his I-9 employment eligibility verification form. The court further found that this action constituted a non-waivable violation under INA §212(a)(6)(C)(ii)(I). In addition, the court held that the proceedings were not closed when the IJ admitted the petitioner’s I-9, and that the form’s admission did not violate the petitioner’s due process rights.
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AP: Lawyers Challenge Texas Law on Harboring Immigrants
The Associated Press reports that the Mexican American Legal Defense and Education Fundfiled a federal lawsuit on Monday challenging part of a Texas border security bill that could allow state authorities to target shelters and landlords for harboring undocumented immigrants. The bill, known as HB 11, was signed into law by Texas Governor Greg Abbott last year, and provides that individuals who profit from, encourage, or induce a person to enter or stay in the country illegally “by concealing, harboring, or shielding that person from detection” can be charged with various felony degrees. Jonathan Ryan, AILA member and Executive Director of RAICES, a CARA Project

Expanded Provisional Waiver

DHS will publish in the Federal Register a final rule that will expand eligibility for provisional unlawful presence waivers to all individuals who are statutorily eligible for the unlawful presence waiver and who can establish extreme hardship to a U.S. citizen or lawful permanent resident (LPR) spouse or parent. This final rule adopts the proposed rule published on July 22, 2015, with changes made in response to comments received.

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