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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.

December 31, 2024 Philip Levin

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… CONTINUE

Filed Under: BIA, Blog

BIA Holds That A Petitioner Seeking Approval Of A Form I-130 For An Adopted Child From A Country That Is A Party To The Hague Convention Should Provide

October 10, 2024 Philip Levin

BIA Holds That A Petitioner Seeking Approval Of A Form I-130 For An Adopted Child From A Country That Is A Party To The Hague Convention Should Provide, Regardless Of… CONTINUE

Filed Under: BIA, Blog

BIA Holds That Applicants Bear The Burden Of Establishing Their Own Credibility

July 24, 2024 Philip Levin

BIA Holds That Applicants Bear The Burden Of Establishing Their Own Credibility, And No Statute Or Legal Precedent Compels An Immigration Judge To Conclude That An Applicant’s Testimony Is Credible…. CONTINUE

Filed Under: BIA

BIA Seeks Amicus Curiae Briefs Discussing The Scope Of An Immigration Judge’s Duty To Develop The Record For A Pro Se Respondent.

July 24, 2024 Philip Levin

BIA Seeks Amicus Curiae Briefs Discussing The Scope Of An Immigration Judge’s Duty To Develop The Record For A Pro Se Respondent. On June 28, 2024, the Board of Immigration… CONTINUE

Filed Under: BIA

Release From Federal Criminal Custody Does Not Preclude An Immigration Judge From Denying A Request For Release From Immigration Detention

June 27, 2024 Philip Levin

BIA Holds That Release From Federal Criminal Custody Does Not Preclude An Immigration Judge From Denying A Request For Release From Immigration Detention Under INA §236(a). On January 11, 2024,… CONTINUE

Filed Under: BIA, Blog

The Regulation At 8 C.F.R. § 1240.1

June 27, 2024 Philip Levin

The Regulation At 8 C.F.R. § 1240.17 Applies Only To Those Placed In Expedited Removal Proceedings Whose Applications For Relief And Protection Were First Adjudicated By USCIS And Who Were… CONTINUE

Filed Under: BIA, Blog

BIA Holds That, Given The Significance Of A Respondent’s Interest In Securing Review Of a Denial Of A Petition To Remove The Conditions On Permanent Residence, An Immigration Judge Should Ordinarily Review The Denial Of A Form I-751 Upon The Request Of The Respondent.

January 11, 2024 Philip Levin

BIA Holds That, Given The Significance Of A Respondent’s Interest In Securing Review Of a Denial Of A Petition To Remove The Conditions On Permanent Residence, An Immigration Judge Should… CONTINUE

Filed Under: BIA

BIA Holds That If A Persecutor Is Targeting Members Of A Certain Family As A Means Of Achieving Some Other Ultimate Goal Unrelated To The Protected Ground, Family Membership Is Incidental Or Subordinate To That Other Ultimate Goal And Therefore Not One Central Reason For The Harm. Matter Of L-E-A-, 27 I&N Dec. 40 (BIA 2017), Reaffirmed.

January 11, 2024 Philip Levin

BIA Holds That If A Persecutor Is Targeting Members Of A Certain Family As A Means Of Achieving Some Other Ultimate Goal Unrelated To The Protected Ground, Family Membership Is… CONTINUE

Filed Under: BIA

BIA Holds That, Because An Appeal Accepted Under New York Criminal Procedure Law §460.30

November 30, 2023 Philip Levin

BIA Holds That, Because An Appeal Accepted Under New York Criminal Procedure Law §460.30 Is Classified As A Direct Appeal, A Respondent With A Pending Appeal Under This Section Does… CONTINUE

Filed Under: BIA

BIA Holds That Torturous Conduct Committed By A Public Official

November 30, 2023 Philip Levin

BIA Holds That Torturous Conduct Committed By A Public Official Who Is “Acting In An Official Capacity”, Meaning Acting Under Color Of Law, Is Covered By The Regulations Implementing The… CONTINUE

Filed Under: BIA

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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.