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Feb 06th
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Home Immigration Atty. Brian Lerner

Atty. Brian Lerner

Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law by the California State Bar Board of Legal Specialization. He is admitted to the US Supreme Court and the 1st through 11th Circuit Courts of Appeal. He is also admitted to the California Supreme Court. This firm handles cases both nationally and worldwide. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, citizenship, appeals, non immigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm's website is www.californiaimmigration.us

My business is getting audited by ICE! Now what?

(1 vote, average: 5.00 out of 5)

QUESTION: I’m afraid that I will get in trouble. My worksite is being audited. What should I do?

Answer: Here are some useful tips. You should consider doing the following: Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit. Provide all workers with a reasonable amount of time to correct discrepancies in their records identified by ICE. Treat all workers in the same manner during the audit, without regard to national origin or citizenship status. This means that all workers with like discrepancies who are asked to present additional documents are provided with the same timeframes and the same choice of Form I-9 documents to present.

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Do I have to wait for years to come to the US?

QUESTION: I have been waiting for many years to come to the United States from a petition from my sister. It has been 14 years. Must I still wait?

Answer: Actually, it takes even more years to do this. The visa number must be current and there is no way to speed this process up. However, there are different petitions where they do not have to wait for the visa number as they are not required to be on the visa waiting list to be able to come into the United States.

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I don’t have to leave the US for the waiver of the 3/10 year bar?

QUESTION: I heard that there is some new law about the Waiver of the 3/10 year bar. What is it?

Answer: It is not actually law yet, but it is great news. Instead of waiting outside the United States for years waiting for the 3/10 year bar to be adjudicated, once the regulations are final, you can submit it here in the United States while waiting a decision before you ever leave.

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I can stay in the US and submit my waiver!

QUESTION: I have heard that there is a new way that I can submit my Waiver of the 3/10 year bar. Is that true?

Answer: Normally, you would have to leave the U.S to submit the Waiver and await adjudication outside the US However, it seems that will change. On Jan. 6, 2012, US Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that US citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States.

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Can I win my deportation with a crime of violence degree?

QUESTION: I committed a crime of violence many years ago (around 1994) and have just been put into removal proceedings because I was trying to enter the US, from a vacation. Do I have any chance to get the Green Card?

Answer: At this point, first we would need to determine if you qualify for 212(c) relief since your crime was before 1996. If you plead guilty and served less than 5 years in jail and were a lawful permanent resident for more than 7 years, then we could consider 212(c) relief.

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