Brian David Lerner’s Answers

Brian David Lerner

Long Beach Immigration Attorney.

Contributor Level 18
  1. What s next? If ice doesn't let him paid for a bail?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Brian David Lerner
    3. Andrew Marino Bramante
    4. Samuel Patrick Ouya Maina
    5. Anthony Emeka Nze Nwosu
    6. ···
    6 lawyer answers

    Assuming your brother has a hold, he will be transferred to immigration detention. At that point, assuming he is not subject to mandatory detention, he can try to get bond and fight his case from the outside. Removal/Deportation Representation It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government will try to get the deportation issued. Neither the Immigration Judge, nor the Trial Attorney are there to help you....

    11 lawyers agreed with this answer

  2. I 485 pending after intervew

    Answered over 1 year ago.

    1. Brian David Lerner
    2. J. Thomas Smith Ph.D.
    3. Jorge Luis Delgado
    4. Philip Alan Eichorn
    5. Camilo Andres Espinosa
    5 lawyer answers

    Hello: In cases like this, I like to prepare a declaration explaining the inconsistencies and what were the reasons for those answers. This would be sent prior to the decision.

    10 lawyers agreed with this answer

  3. Husband owes taxes but is filing for me

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Brian David Lerner
    3. Jayson Lutzky
    4. Philip Alan Eichorn
    5. F. J. Capriotti III
    5 lawyer answers

    That will not be an issue. It is more important to show the marriage is bona-fide.

    Selected as best answer

  4. USCIS I-130 Application for green card by a US Citizen for married Mexican daughter living in the USA illegally.

    Answered about 1 year ago.

    1. Alexander Joseph Segal
    2. Giacomo Jacques Behar
    3. Brian David Lerner
    4. Simone Rosemarie Coley
    5. Anu Gupta
    5 lawyer answers

    Hello: The I-130 will not take into account legal status or criminal history. Rather, it shows that you are a US Citizen, that the relationship exists and that she is over 21. It is when it becomes current that all of the issues of status and criminal history come into play.

    11 lawyers agreed with this answer

  5. Can I-485 be adjudicated by USCIS after applicant's removal proceedings are administratively closed?

    Answered about 1 year ago.

    1. Brian David Lerner
    2. Tatyana A Edwards
    3. Kevin Lawrence Dixler
    3 lawyer answers

    Hello: Administrative closure will not by itself give USCIS jurisdiction. You need to get the case 'terminated'.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can I change my visa from F1 to B1/B2 while being in the US?

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. Giacomo Jacques Behar
    3. Brian David Lerner
    4. Alexander Joseph Segal
    5. F. J. Capriotti III
    5 lawyer answers

    Hello: Assuming you are legally in status, you can apply for a change of status to B2. As for other options, I would need to know your education and work experience.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Is there anything that can be done to stop deportation with an aggravated felony for a Permanent Resident?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Brian David Lerner
    3. Rebecca A. McCarthy
    4. Michael Hugh Carlin
    5. Alexander Joseph Segal
    6. ···
    6 lawyer answers

    There is not enough information here. What did he serve 3 years in prison for what crime? When was he convicted? Did he plea guilty? What country is he from?

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Pls help me

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. Alexander Joseph Segal
    3. Brian David Lerner
    4. Anu Gupta
    5. John Grayson Davidson
    5 lawyer answers

    Hello: File an amended i-864 with an explanation.

    9 lawyers agreed with this answer

  9. EB-2 visa

    Answered 11 months ago.

    1. Carl Michael Shusterman
    2. Brian David Lerner
    3. Alexander Joseph Segal
    4. F. J. Capriotti III
    5. Alexander M. Ivakhnenko
    5 lawyer answers

    Hello: Yes, you would qualify assuming the job position required the use of the Master's Degree. However, keep in mind that since you are from India, there is a significant backlog. Regards, Brian D. Lerner Attorney at Law

    7 lawyers agreed with this answer

  10. Can I be grandfathered for adjustment of status via 245i even though I aged out in 2001?

    Answered about 1 year ago.

    1. Carl Michael Shusterman
    2. Brian David Lerner
    3. Rudolph Baboun
    3 lawyer answers

    Hello: Based upon your information, you should be able to properly apply for adjustment under 245(i). If you entered the U.S. legally and then married a U.S. Citizen, you would not need 245(i) to adjust.

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