Atty. Brian Lerner

Don’t let ICE agents bully you!

QUESTION: I have a friend that was ‘visited’ by Immigration and Customs Enforcement (ICE) agents. They told him that he had no rights and that he was going to detention for 20 years unless he signed the voluntary deportation papers. Is this true? Answer: U.S. Immigration and Customs Enforcement (or ICE) is a U.S. federal…

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What do you do after you win asylum?

QUESTION: I have won asylum as of about two years ago. Is there anything I need to do? Answer:  If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of .S. Citizenship and Immigration Services or by an immigration judge in court —you…

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Will I qualify for a work permit?

QUESTION:: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so,…

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DACA has ended – now what?

QUESTION: I know DACA has ended. What can I do? Answer:  There are actually different categories as the current policy stands. It is important at the present time to know which category you are under so that you can take the appropriate action. On September 5, 2017, President Donald Trump announced that the Deferred Action…

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Looks like DACA is going to end

QUESTION: I’m on DACA and my friend is renewing DACA and another friend is going to apply for DACA. I have heard rumors about this. Should I be worried? Answer: Yes, you should be worried. There have been various leaks from the White House. There have also been rumors that a number of White House…

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Want an E-2 visa? Look at these issues

QUESTION: I want to open up my own company. Can you let me know some specifics? For example, I have a friend from Iran. Can he get an E-1 or E-2?  A: As for E-2s, Iranians can apply for that type of visa anywhere. Question: Are there any restrictions where the money comes from for…

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‘My husband beat me’

Now it is possible  to apply for asylum QUESTION: My husband beat me and I was afraid for my life, so I escaped to the United States. Can I apply for something so I do not have to go back to my home country? Answer: Yes, it may be possible to apply for gender-based asylum….

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Opening up a new office? Get an L-1 

QUESTION:  Can I use an office based in my home and/or garage for the L-1? Answer: No. You must have an ‘actual office’. The reality might be that you can run your business from a computer or your garage. However, for immigration purposes, there must be a brick and mortar office and you must be…

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Are you an athlete?

Q: I AM a body builder and just won a big amateur contest. Can I come and work in the U.S. on some type of visa? A: Yes, there is what is known as the P Visa. The P-1A is for a person who performs as an athlete, individually or as part of a group…

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Is the travel ban still alive?

QUESTION:  I have friends in the countries which Trump wants to still do his travel ban. I know it was denied. Is it still ongoing or could it still happen? Answer: Yes, the Fourth Circuit Court of Appeals had granted the injunction and made it nationwide. However, the government has now submitted the request for…

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ICE coming to courts: What can you do?

QUESTION: I have a roommate who left an abusive relationship. She actually filed a temporary restraining order (TRO) against this person. Court was yesterday. She went to court to testify in front of the judge so that he would rule in her favor and her abuser would not come within 100 yards from her and…

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Will I be deported if I lose my asylum case?

QUESTION: I will be applying for asylum. I’m not exactly sure of the process, but if I lose, will I be deported? Answer:  Clients who have arrived in the United States and who have not been issued a Notice to Appear (NTA) will apply for asylum “affirmatively,” meaning that they will be interviewed at an…

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Extreme vetting and entering the US

QUESTION: I have already received my visa at the Consulate. Now I have heard about this extreme vetting and do not know what it means. Will I no longer be able to come to the U.S.? Answer: The U.S. Secretary of State has issued a memorandum to the Consulates in order to somewhat define how…

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Know your rights against pushy ICE Agents

QUESTION: I’m so afraid to open my door now. I’ve heard ICE agents are doing round-ups and just deporting people left and rights. What can I do? Answer: All people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights. If you are undocumented and Immigration and Customs Enforcement (ICE) agents knock…

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