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BIA Holds That Immigration Judges And The Board Of Immigration Appeals Lack The Authority To Recognize The Equitable Defense Of Laches In Removal Proceedings

September 14, 2021 Philip Levin

BIA Holds That Immigration Judges And The Board Of Immigration Appeals Lack The Authority To Recognize The Equitable Defense Of Laches In Removal Proceedings. Respondent’s Willful Misrepresentations Regarding His Name,… CONTINUE

Filed Under: Appeal, BIA, Blog, Removal

BIA Holds That Immigration Judges May Exercise Their Discretion To Rescind An In Absentia Removal Order and Grant Reopening

September 14, 2021 Philip Levin

BIA Holds That Immigration Judges And The Board Of Immigration Appeals Lack The Authority To Recognize The BIA Holds That Immigration Judges May Exercise Their Discretion To Rescind An In… CONTINUE

Filed Under: Appeal, BIA, Blog, Removal

Attorney General Issues Two Decisions Vacating Trump-Era Cases

September 14, 2021 Philip Levin

Attorney General Issues Two Decisions Vacating Trump-Era Cases, Directing Immigration Judges And The BIA To No Longer Follow The Holdings Of Matter Of L-E-A-, 27 I&N Dec. 581 (A.G. 2019)… CONTINUE

Filed Under: Appeal, BIA, Blog, Removal

BIA Holds That An Adjustment Of Status Applicant With Special Immigrant Juvenile Status May Seek To Waive His/Her Inadmissibility

September 13, 2021 Philip Levin

BIA Holds That An Adjustment Of Status Applicant With Special Immigrant Juvenile Status May, In Conjunction With A Waiver Under INA §245(h)(2)(B), Seek To Waive His Or Her Inadmissibility Under… CONTINUE

Filed Under: Appeal, BIA, Blog

Follow the Rules To Gain Asylum for Religious Persecution

July 20, 2021 Philip Levin

BIA Holds That The Mere Continuation Of An Activity In The United States That Is Substantially Similar To The Activity From Which An Initial Claim Of Past Persecution Is Alleged… CONTINUE

Filed Under: Appeal, BIA, Blog, Removal

Assault is a Crime Involving Moral Turpitude and Grounds for Removal

June 22, 2021 Philip Levin

BIA Holds That Respondent’s Conviction For Assault By Means Of Force Likely To Produce Great Bodily Injury In Violation Of California Penal Code §245(a)(4) Is Categorically For A Crime Involving… CONTINUE

Filed Under: Appeal, BIA, Blog, Removal

Attorney General Holds That BIA Should Consider De Novo The Application Of Law To The Facts Of This Case, Including Whether The Deprivation That Respondent Would Be Likely To Encounter Upon Removal To Mexico Would Constitute “Torture” Within The Meaning Of The Department Of Justice Regulations Implementing The Convention Against Torture (CAT). To Constitute “Torture” Under These Regulations, An Act Must, Among Other Things, Be Specifically Intended To Inflict Severe Physical Or Mental Pain Or Suffering. 8 C.F.R. §1208.18(a)(5). Additionally, Torture Does Not Cover Negligent Acts Or Harm Stemming From A Lack Of Resources. To Constitute “Torture”, An Act Must Also Be Motivated By Such Purposes As Obtaining From Him Or Her Or A Third Person Information Or A Confession, Punishing Him Or Her For An Act He Or She Or A Third Person Has Committed Or Is Suspected Of Having Committed, Or Intimidating Or Coercing Him Or Her Or A Third Person, Or For Any Reason Based On Discrimination Of Any Kind.

May 12, 2020 Philip Levin

On February 26, 2020, U.S. Attorney General (AG) William Barr directed the Board of Immigration Appeals (BIA or Board) to refer the instant case to him for review of its… CONTINUE

Filed Under: Appeal, Attorney General, BIA, Blog, Mexico

BIA Holds That An Asylum Applicant’s Status As A Landowner Does Not Automatically Render Him Or Her A Member Of A Particular Social Group For Purposes Of Asylum And Withholding Of Removal. To Establish A Particular Social Group Based On Landownership, One Must Demonstrate By Evidence In The Record That Members Of The Proposed Group Share An Immutable Characteristic And That The Group Is Defined With Particularity And Is Perceived To Be Socially District In The Society In Question. The Respondent’s Proposed Particular Social Groups – Comprised Of Landowners And Landowners Who Resist Drug Cartels In Guatemala – Are Not Valid Based On The Evidence Of Record.

May 12, 2020 Philip Levin

On February 10, 2020, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a Guatemalan native whose applications for asylum, withholding of removal and CAT relief were… CONTINUE

Filed Under: Appeal, BIA, Blog, Cancellation of Removal, Court of Appeals

A Conviction For Dissuading A Witness Under California Penal Code §136.1(b)(1) Is Categorically An Aggravated Felony Obstruction Of Justice Offense Per INA 101(a)(43)(S). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018) Followed. The Holding In Matter of Valenzuela Gallardo May Be Applied Retroactively.

December 31, 2019 Philip Levin

On October 18, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent for the second time, finding that his conviction for dissuading a witness… CONTINUE

Filed Under: BIA, Court of Appeals

Board of Immigration Appeals

May 17, 2018 Philip Levin

On April 6, 2018, the Board of Immigration Appeals (BIA or Board) sustained a respondent’s appeal, wherein DHS and appellant had filed a joint brief in support of the appeal,… CONTINUE

Filed Under: Appeal, BIA, Blog, Conviction, Court of Appeals, Department of Homeland Security, DHA, State of Texas, States, Theft

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Recent Blog Posts

  • U.S. Visa Interview Waiver Program: Important 2025 Updates
  • New DOS Guidance on Mandating Social Media Review of all F-1, M-1, and J-1 visa applicants and Possible Revocations: What You Need to Know
  • H-1B LOTTERY FY 2026 AND THE RECENT MODERNIZATION RULE 
  • Birthright Citizenship Under Fire: Trump’s Latest Executive Order Explained
  • BIA Holds That Its Prior Holding In Matter Of Fernandes, 28 I&N Dec. 605 (BIA 2022), That An Objection To A Noncompliant Notice To Appear Will Generally Be Considered Timely If Raised Prior To The Close Of Pleadings Is Not A Change In Law, And Thus Matter Of Fernandes Applies Retroactively.

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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.