Cancellation of Removal
N/AOUTCOME: Win
Cancellation of Removal granted after appeal to the 9th Circuit remanded it to the Immigration Court and entire family granted under Extreme Hardship
Brian David Lerner's Legal Cases (192)
Long Beach, CA
Immigration Lawyer at Long Beach, CA
Practice Areas: Immigration, Asylum
Under 245(i)
N/AOUTCOME: Win
This client is under 245(i) because spouse filed an I-130 on 1/05/1998 so no physical presence requirement of December 20, 2000. She committed fraud by claiming to be a U.S. Citizen, but normally, this ... would be a permanent bar to admissibility. We argued that it was pre IRAIRA and only a fraud waiver was needed. USCIS agreed and now she is a Lawful Permanent Resident.
Person had Deportation Order
N/AOUTCOME: Win
Person had deportation order, then we filed an employment based petition, and I-140 and got approval, then got the approved adjustment
Supplemental Brief regarding Naturalization Application
N/AOUTCOME: Win
Client retained us to file a supplemental brief regarding his Naturalization application and his service in the U.S. Armed Forces. Client also retained us to make a formal inquiry regarding his Natural ... ization application that had been pending since 2002. After brief was filed and inquiry was made, Client received his Oath Ceremony letter and a Certificate of Naturalization.
Labor Certification approved after filing Notice of Appeal
N/AOUTCOME: Win
Labor Certification approved after filing Notice of Appeal and brief with BALCA.US DOL had incorrectly determined that there was no response to the Receipt Notification Letter (45 day letter.)
F-1 Granted
N/AOUTCOME: Win
F-1 Granted with very little evidence showing ties in country.Person also had a family petition pending.
Filed Complaint for Declaratory Relief arguing that the AAO
N/AOUTCOME: Win
Filed Complaint for Declaratory Relief arguing that the AAO incorrectly determined that Plaintiff had not established that it was the successor in interest of the original Petition and that Plaintiff h ... ad not established that the original Petition had the ability to pay the profferred wage in 1998.After proper service of summons and complaint, case was administratively reopened by AAO.
Asylum Granted. Client was a Radio Reporter from the Philippines
N/AOUTCOME: Win
Asylum Granted. Client was a radio reporter from the Philippines who came to this country in 1990.Asylum application was pending for 16 years. IJ found both past persecution and a well founded fear of ... future persecution based on threats client received from the government and communist party because of his anti-communist views and views critical of the government. IJ noted that mere threats in the case rose to the level of persecution.
Cancellation of Removal Granted after 5 years
N/AOUTCOME: Win
Cancellation of Removal for Certain LPR’s Granted after 5 years. A Sentence Reduction, A BIA Remand, and three different Immigration Judges.Client had 2 Domestic Violence Convictions and several DUI’s ... and we were able to get it approved.Now person is a Lawful Permanent Resident.
Removal Proceedings Terminated
N/AOUTCOME: Win
Removal Proceedings Terminated. Person was placed into removal proceedings after he applied for Naturalization. Client charged as an aggravated felon for his 1998 Domestic Battery conviction. We were a ... ble to show that this crime does not qualify categorically as a crime of violence and therefore, a crime of domestic violence.In addition, the conviction documents served by the government did not establish that client had been convicted of a crime of violence.
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