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Permanent Resident Removal Proceedings Due to Criminal Convictions

November 12, 2020 Philip Levin

On July 30, 2020, U.S. Attorney General (AG) William Barr, in a case which he had directed the Board of Immigration Appeals (BIA or Board) to refer to him in… CONTINUE

Filed Under: BIA, Blog, Felony Case, Theft

BIA Holds That Section 13-3407 Of The Arizona Revised Statutes, Which Criminalizes Possession Of A Dangerous Drug, Is Divisible With Regard To The Specific “Dangerous Drug” Involved In A Violation Of That Statute.

October 16, 2020 Philip Levin

On July 23, 2020, the Board of Immigration Appeals (BIA or Board), in what appears to be an attempt to limit the use of the categorical approach or make it… CONTINUE

Filed Under: Aggravated Felony, BIA, Blog, Removal

BIA Holds That To Qualify For A Waiver Of Inadmissibility Under INA §209(c), One Who Is Found To Be A Violent Or Dangerous Individual Must Establish Extraordinary Circumstances, Which May Be Demonstrated By A Showing Of Exceptional And Extremely Unusual Hardship To The Applicant Or His Qualifying Relatives. Matter of Jean, 23 I&N Dec. 373 (A.G. 2002) Followed. Even If One Establishes This Level Of Hardship, The Favorable And Adverse Factors Must Be Balanced To Determine If A Waiver Should Be Granted In The Exercise Of Discretion.

December 31, 2019 Philip Levin

On November 1, 2019, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of a grant of Respondent’s application for an INA §209(c) waiver of inadmissibility and… CONTINUE

Filed Under: Aggravated Felony, BIA, Blog Tagged With: §209(a)(1), Convention Against Torture (CAT)

BIA Holds That When One Is Convicted Of Violating A State Drug Statute That Includes A Controlled Substance Not On The Federal Controlled Substance Schedules, He Or She Must Establish A Realistic Probability That The State Would Actually Apply The Language Of The Statute To Prosecute Conduct Involving That Substance To Avoid The Immigration Consequences Of Such A Conviction. Matter Of Ferreira, 26 I & N Dec. 415 (BIA 2014), Reaffirmed.

July 25, 2019 Philip Levin

On June 11, 2019, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of a respondent found removable by an Immigration Judge (IJ) for a controlled substance conviction,… CONTINUE

Filed Under: Adjustment Of Status, Conviction

BIA Holds That The Offense Of Sponsoring Or Exhibiting An Animal In An Animal Fighting Venture Is A Categorical Crime Invoking Moral Turpitude

September 5, 2018 Philip Levin

BIA Holds That The Offense Of Sponsoring Or Exhibiting An Animal In An Animal Fighting Venture, In Violation of 7 U.S.C § 2156(a)(1), Is A Categorical Crime Invoking Moral Turpitude…. CONTINUE

Filed Under: Crimes, Felony Case

BIA Holds That The Term “Prostitution” Is Not Limited to Crimes Involving Sexual Intercourse

July 18, 2018 Philip Levin

BIA Holds That The Term “Prostitution” As Used In INA §101(a)(43)(K)(i), Which Provides That An Offense Relating To Owning, Controlling, Managing, or Supervising A Prostitution Business Is An Aggravated Felony,… CONTINUE

Filed Under: Aggravated Felony, Blog, Crimes

BIA Holds That Conviction For Stalking Under California Penal Code §646.9 Is Not “A Crime Of Stalking” Per INA §237(A)(2)(E)(i), Overruling Matter Of Sanchez-Lopez, 26 I&N Dec. 71 (BIA 2012).

June 15, 2018 Philip Levin

On April 20, 2018, the Board of Immigrations (BIA or Board), in yet another lengthy and densely-reasoned decision, ruling on remand from the Ninth Circuit Court Of Appeals, sustained a… CONTINUE

Filed Under: BIA, Blog, California Penal Code, Crimes, Stalking

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

BIA Holds That The Offense Of Attempted Voluntary Manslaughter Under California Penal Code Sections 192(A) And 664, Which Requires The Specific Intent To Cause Another Person’s Death, Is Categorically An Aggravated Felony Crime Of Violence Per INA § 101(A)(43)(F), Despite The Fact That The Completed Offense Of Voluntary Manslaughter Itself Is Not Such An Aggravated Felony.

May 11, 2018 Philip Levin

On March 15, 2018 the Board of Immigration Appeals (BIA or Board), sustained the appeal of a decision of the Immigration Judge (IJ) terminating removal proceedings on the ground that… CONTINUE

Filed Under: Aggravated Felony, California Penal Code, Crimes, Voluntary Manslaughter

BIA Holds That In Deciding Whether A State Offense Is Punishable As A Felony Under The Federal Controlled Substances Act (CSA) And Is Thus An Aggravated Felony Drug Trafficking Crime Per INA §101(A)(43)(B), IJ’s Need Not Look Solely To The CSA Provision Most Similar To The State Statute Of Conviction.  Respondent’s Conviction Under §2C:35-7 Of The New Jersey Statutes For Possession With Intent To Distribute Cocaine Within 1,000 Feet Of School Property Is An Aggravated Felony Drug Trafficking Crime Because The State Offense Satisfies All Of The Elements Of 21 U.S.C. §841(A)(1) Of The CSA And Would Be Punishable Under That Provision.

May 11, 2018 Philip Levin

On March 14, 2018, the Board of Immigration Appeals (BIA or Board) sustained the DHS appeal of an Immigration Judge (IJ) finding that respondent was not removable per INA §237(a)(2)(A)(ii)… CONTINUE

Filed Under: Aggravated Felony, BIA, Crimes, Drug Trafficking

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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.

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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.