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Questions Answered by Mr Brian D. Lerner
1 Answer | Asked in Immigration Law for California on
Q: I am a native born mexican and now am a naturallized us citizen i want to have baby in mexico can baby have us citizensh
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

That would depend upon certain factors.

Derivative Citizenship

In some cases, people are U.S. Citizens and do not know it. In this case, it is possible for us to file what is known as a Derivative Citizenship Petition. It is a petition that if approved, will give proof...
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1 Answer | Asked in Immigration Law for California on
Q: Hi sir/ma'am i'm here in us with a transit visa means to say i'm jump ship since october 2005 so what can i do ?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

You cannot adjust in the U.S., but you can at least find a company to petition you.

PERM Labor Certification

A Labor Certification is an application filed by your future employer. Labor Certification is now known as PERM and moves through the system much faster than...
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1 Answer | Asked in Immigration Law for California on
Q: When I enter a plea deal for a misdemenour, will it effect my admission to the US?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

This could very well have an effect.

Criminal Evaluation

At this point, it is critical that you obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will affect...
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1 Answer | Asked in Immigration Law for California on
Q: Before I apply for US citizenship can I do background check myself? Which company I can use that the US Immigration use?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

More importantly than using whatever company is to know what to do with a particular crime, or to know if you should or should not apply for naturalization. I would need more information. As for the 'company', the Department of Justice in Sacramento does this.

1 Answer | Asked in Immigration Law for Illinois on
Q: I was deported with out being in front ofthe judge, I re-entered the country, can I apply for relief from deportation?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

I would need more information as to whether you were not given the proper advisals and other matters to determine if you had a right to go in front of the judge. If so, a Motion to Reopen can be made.

Motion to reopen

A motion to reopen must be prepared. This is a...
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1 Answer | Asked in Immigration Law for California on
Q: IIs it possible to obtain a passport for free, or a lower cost?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

You must pay the necessary passport fee to get it processed.

1 Answer | Asked in Immigration Law for California on
Q: I DONT HAVE STATUS IN THIS COUNTRY.I HAD AN ACCIDENT,CAN THE DEFENDANTS LAWYERS USE THAT AGAINST ME??
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

That would be unlikely, but it depends in what forum. Generally, you have State Law controlling the accident which is not dependent on your legal status.

1 Answer | Asked in Immigration Law for California on
Q: Is california penal code 530.5(a) of year 2002 a theft or fraud offense so as to render a LPR deportable
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

It may depending on different factors.

Criminal Evaluation

At this point, it is critical that you obtain the Criminal Evaluation by an Immigration Attorney. Neither the Criminal Attorney or the Criminal Judge are aware of how your particular criminal situation will...
Read more »

1 Answer | Asked in Immigration Law for California on
Q: I have a friend that was born in Columbia, but raised in the U.S., & is to be deported for ten years, how can he stay?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

That will depend on different factors. He may qualify for Cancellation of Removal or Adjustment of Status.

Removal/Deportation Representation

It is critically important that you get qualified and expert representation for the deportation/removal hearings. The Government...
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1 Answer | Asked in Immigration Law for California on
Q: Hello, my father was boren in Yuma Az. will that make me a citizen & what will I need to do?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

It may depending on certain factors.

Derivative Citizenship

In some cases, people are U.S. Citizens and do not know it. In this case, it is possible for us to file what is known as a Derivative Citizenship Petition. It is a petition that if approved, will give proof of...
Read more »

2 Answers | Asked in Immigration Law for California on
Q: Canadian applying for business visa what is process. How do you apply
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

You might consider the H-1B.

  H-1B Specialty Occupation Visa

You qualify for what is known as the H-1B Specialty Occupation Visa. You will need to have an employer agree to sponsor you for a job. It does not need to be a full-time position, but it should be related to...
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2 Answers | Asked in Immigration Law for California on
Q: Hello if i want to apply for the form of i-589 what is the meaning of withholding of removal? thanks

I dont understand the exact meaning of withholding of removal in wich case should i check the box?

Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

Withholding of Removal can only be applied for in Immigration Court and it is actually a harder burden to prove than asylum.

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2 Answers | Asked in Immigration Law for California on
Q: My husb is an illgal frm FR; in ICE cstdy; in remvl prcdngs; I-130 filed. Can prcdngs be stopped and he be releasd? How?
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 7, 2012

Hello:

Some will depend how he entered the U.S., whether the marriage is bona-fide and whether you are doing an adjustment in Court.

Removal/Deportation Representation

It is critically important that you get qualified and expert representation for the deportation/removal...
Read more »

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3 Answers | Asked in Immigration Law for California on
Q: A letter from INS arrived today cancelling my brother's Dec 7 deportation hearing. What could be the reasons? None given
Mr Brian D. Lerner
Mr Brian D. Lerner answered on Jan 6, 2012

Hello:

It will not just be 'cancelled', but most likely rescheduled.

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...
Read more »

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