Law Offices of Brian D. Lerner, APC

Non-citizens who return to the United States illegally after having been removed under a prior order of deportation, exclusion, or removal are subject to removal under §241(a)(5) unless they meet a statutory or judicial exemption.

Under the REAL ID Act that aliens applying for relief demonstrate that harm on account of a protected ground be at least one central reason for feared persecution as compared with the pre-REAL ID Act mixed-motive standard.

It is critical that you obtain the necessary information from criminal and immigration lawyers working together. Because you are not a U.S. Citizen, every single crime could potentially affect your ability to legally remain in the United States.

The Green Card through marriage is actually a ‘conditional’ Green Card. The law wants you to prove that the marriage was for love and not for the Green Card. Thus, the conditional Green Card through marriage will be issued for two years.

The Refugee Act of 1980 sought to eliminate the prevailing geographic and ideological preferences and to emphasize that persecution, not provenance, was to be the basis for determining refugee eligibility.

If you have been a refugee or held asylum status for at least one year, you may be eligible to change your status to that of a permanent resident. Evidence of one year’s physical presence in the United States.

The U.S. Attorney General has statutory discretionary authority to admit any refugee who is not firmly resettled in a third country, who is determined to be of special humanitarian concern, and who is admissible as an immigrant.

The resettlement agency, often called the “sponsor,” is the most important source of information and assistance during the first months of adjustment to life in the United States.

Successful resettlement depends on a refugee’s ability and willingness to adapt to the new environment. Cooperation with the resettlement agency can be key to a successful transition. Be realistic, but be optimistic.

To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories: either your Spouse, Parent and/or Child.