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Philip Levin & Associates

Immigration Law

800-974-2691       
  • Home
  • Practice Areas
    • Hearings & Appeals
    • Deportation, Removal & Asylum
    • Family Immigration
    • Marriage
    • Employment Visas
    • H-1B Visas
    • E-1 & E-2 Visas
    • Labor Certifications
    • I-9/Worksite Enforcement
  • Attorneys
    • Philip M. Levin, Managing Partner
    • Don L. Pangilinan, Associate
    • Saja A. Raoof, Of Counsel
    • Alec P. Wilczynski, Of Counsel
    • Scott A. Wilkinson, Associate
  • Blog
  • Contact Us

BIA HOLDS THAT, WHERE THERE IS SUBSTANTIAL AND PROBATIVE EVIDENCE THAT A BENEFICIARY’S PRIOR MARRIAGE WAS FRAUDULENT AND ENTERED INTO FOR THE PURPOSE OF EVADING IMMIGRATION LAWS, A SUBSEQUENT VISA PETITION FILED ON THE BENEFICIARY’S BEHALF IS PROPERLY DENIED UNDER INA §204(c), EVEN IF THE FIRST VISA PETITION WAS DENIED MERELY BECAUSE OF INSUFFICIENT EVIDENCE OF A BONA FIDE MARITAL RELATIONSHIP.

December 23, 2020 Philip Levin

On October 30, 2020, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of an I-130 petitioner who sought to classify her husband as her Immediate Relative spouse…. CONTINUE

Filed Under: Adjustment Of Status, BIA, Blog, immigration

BIA HOLDS THAT, WHERE A CRIMINAL CONVICTION IS CHARGED AS A GROUND OF REMOVABILITY OR WAS KNOWN TO THE IMMIGRATION JUDGE AT THE TIME CANCELLATION OF REMOVAL WAS GRANTED UNDER INA §240A(a), THAT CONVICTION CANNOT SERVE AS THE SOLE FACTUAL PREDICATE FOR A CHARGE OF REMOVABILITY IN SUBSEQUENT REMOVAL PROCEEDINGS.

December 23, 2020 Philip Levin

In what may be the 1st pro-respondent decision of the Barr Era, on October 8, 2020, the Board of Immigration Appeals (BIA or Board) sustained an individual’s appeal and terminated… CONTINUE

Filed Under: BIA, Blog

BIA Holds That, In Assessing Whether To Admit The Testimony Of A Witness As An Expert, An Immigration Judge Should Consider Whether It Is Sufficiently Relevant And Reliable For The Expert To Offer An Informed Opinion, And If It Is Admitted, The Immigration Judge Should Then Consider How Much Weight The Testimony Should Receive. In Considering How Much Weight To Give An Expert’s Testimony, The Immigration Judge Should Assess How Probative And Persuasive The Testimony Is Regarding Key Issues In Dispute For Which The Testimony Is Being Offered.

December 18, 2020 Philip Levin

On September 25, 2020, the Board of Immigration Appeals (BIA or Board) sustained in part a DHS appeal, remanding the record to the Immigration Judge (IJ) after hearing oral argument;… CONTINUE

Filed Under: Asylum, BIA, Blog

Attorney General Holds That, In Conducting Its Review Of An Asylum Claim, The BIA Must Examine De Novo Whether The Facts Found By The Immigration Judge Satisfy All Of The Statutory Elements Of Asylum As A Matter Of Law. When Reviewing A Grant Of Asylum, The BIA Should Not Accept The Parties’ Stipulations To, Or Failures To Address, Any Of The Particular Elements Of Asylum Including, Where Necessary, The Elements Of A Particular Social Group. Instead, Unless It Affirms Without Opinion Under 8 C.F.R.§1003.1(e)(4)(i), The Board Should Meaningfully Review Each Element Of An Asylum Claim Before Affirming Such A Grant, Or Before Independently Ordering A Grant Of Asylum. Even If An Applicant Is A Member Of A Cognizable Particular Social Group And Has Suffered Persecution, An Asylum Claim Should Be Denied If The Harm Inflicted Or Threatened By The Persecutor Is Not “On Account Of” The Respondent’s Membership In That Group. That Requirement Is Especially Important To Scrutinize Where The Asserted Particular Social Group Encompasses Many Millions Of Persons In A Particular Society. One’s Membership In A Particular Social Group Cannot Be “Incidental, Tangential, Or Subordinate To The Prosecutor’s Mention…[F]or Why The Persecutor [ ] Sought To Inflict Harm.” Accordingly, Persecution That Results From Personal Animus Or Retribution Generally Does Not Support Eligibility For Asylum.

November 13, 2020 Philip Levin

On September 24, 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: Asylum, BIA, Blog

BIA Holds That, After An Immigration Judge Has Set A Firm Deadline For Filing An Application For Relief, A Respondent’s Opportunity To File The Application May Be Deemed Waived Prior To A Scheduled Hearing, If The Deadline Passes Without Submission Of The Application And No Good Cause For Noncompliance Has Been Shown. Respondent Failed To Meet His Burden Of Establishing That He Was Deprived Of A Full And Fair Hearing Where He Has Not Shown That Conducting The Hearing By Video Conference Interfered With His Communication With The Immigration Judge Or Otherwise Prejudiced Him As A Result Of Technical Problems With The Video Equipment.

November 13, 2020 Philip Levin

On August 31, 2020, in an opinion by newly-appointed Appellate Immigration Judge Stephanie Gorman, previously an Immigration Judge (IJ) with an extremely high asylum denial rate, the Board of Immigration… CONTINUE

Filed Under: BIA, Blog

Attorney General Holds That If All Means Of Committing A Crime, Based On The Elements Of Conviction, Amount To One Or More Of The Offenses Listed In INA §101(a)(43), Then A Respondent Who Has Been Convicted Of That Crime Has Necessarily Been Convicted Of An Aggravated Felony Under The Statute. Here, Respondent’s Conviction For Grand Larceny In The Second Degree Under New York Penal Law §155.40(1) Qualifies As An Aggravated Felony Conviction Under The INA. DHS Charged That Respondent Had Been Convicted Of Either Aggravated Felony Theft Per §101(a)(43)(G) Or Aggravated Felony Fraud Per §101(a)(43)(M)(i). Larceny By Acquiring Lost Property Constitutes Aggravated Felony Theft And The Parties Do Not Dispute That The Other Means Of Violating The New York Statute Correspond To Either Aggravated Felony Theft Or Aggravated Felony Fraud.

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 Where One Has Been Personally Served With A Notice To Appear Advising Him Of The Requirement To Notify The Immigration Court Of His Correct Address But Does Not Do So And Is Ordered Removal In Absentia For Failure To Appear At A Hearing, Reopening Of Proceedings To Rescind His Order Of Removal Based On A Lack Of Proper Notice Is Not Warranted, Per INA §240(b)(5)(C)(ii). Respondent’s Failure To Update His Address For Over 18 Years Indicates A Lack Of Due Diligence And May Properly Be Found To Undermine The Veracity Of His Claim That He Has Taken Actions To Maintain His Rights In The Underlying Removal Proceedings.

November 12, 2020 Philip Levin

On August 5, 2020, the Board of Immigration Appeals (BIA or Board) dismissed Respondent’s appeal of a decision by the Immigration Judge (IJ) denying his motion to reopen and rescind… CONTINUE

Filed Under: BIA, Blog, Failure to Appear

BIA Invites Amicus Curiae Briefs Addressing The Situation Where The Migrant Protection Protocol (MPP) Notice And Advisal Sheets Are Not Signed Or Otherwise Acknowledged By Any Respondent Of Record, And The Record Contains No Specific Attestation, From Any Party, That The Respondents Received Specific Advisals Adequate To Allow Them To Appear At The Scheduled Hearing From Their Locations In Contiguous Territory, Whether Notice Of The Hearing Is Adequate To Satisfy Due Process.

November 12, 2020 Philip Levin

On September 4, 2020, the Board of Immigration Appeals (BIA or Board) welcomed interested members of the public to file amicus curiae briefs addressing the above-referenced issue, explaining that those… CONTINUE

Filed Under: Blog

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

Attorney General Holds That, Under DOJ Regulations Implementing The Convention Against Torture (CAT), An Act Constutues “Torture” Only If It Is Inflicted Or Approved By A Public Official Or Other Person “Acting In An Offical Capacity.” 8 C.F.R.§1208.18(a)(1). This Official Capacity Requirement Limits The Scope Of The CAT To Actions Performed “Under Color Of Law.” Matter Of Y-L-, 23 I&N Dec. 270 (A.G. 2002). Nothing In Y-L-, Or Any Other Board Precedent, Should Be Construed To Endorse A Distinct, “Rogue Official” Standard. The “Under Color Of Law” Standard Draws No Categorical Distinction Between The Acts Of Low- And High – Level Officials. A Public Official, Regardless Of Rank, Acts “Under Color Of Law” When He “Exercise[s] Power Possessed By Virtue Of…Law And Made Possible Only Because [He Was] Clothed With The Authority Of…Law” West v. Atkins, 487 U.S. 42, 47 (1988)(Quoting United States v. Classic, 313 U.S. 299, 326 (1941)).

September 30, 2020 Philip Levin

On July 14, 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 it’s… CONTINUE

Filed Under: Attorney General, BIA, Blog Tagged With: William Barr

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Recent Blog Posts

  • BIA HOLDS THAT, WHERE THERE IS SUBSTANTIAL AND PROBATIVE EVIDENCE THAT A BENEFICIARY’S PRIOR MARRIAGE WAS FRAUDULENT AND ENTERED INTO FOR THE PURPOSE OF EVADING IMMIGRATION LAWS, A SUBSEQUENT VISA PETITION FILED ON THE BENEFICIARY’S BEHALF IS PROPERLY DENIED UNDER INA §204(c), EVEN IF THE FIRST VISA PETITION WAS DENIED MERELY BECAUSE OF INSUFFICIENT EVIDENCE OF A BONA FIDE MARITAL RELATIONSHIP.
  • BIA HOLDS THAT, WHERE A CRIMINAL CONVICTION IS CHARGED AS A GROUND OF REMOVABILITY OR WAS KNOWN TO THE IMMIGRATION JUDGE AT THE TIME CANCELLATION OF REMOVAL WAS GRANTED UNDER INA §240A(a), THAT CONVICTION CANNOT SERVE AS THE SOLE FACTUAL PREDICATE FOR A CHARGE OF REMOVABILITY IN SUBSEQUENT REMOVAL PROCEEDINGS.
  • BIA Holds That, In Assessing Whether To Admit The Testimony Of A Witness As An Expert, An Immigration Judge Should Consider Whether It Is Sufficiently Relevant And Reliable For The Expert To Offer An Informed Opinion, And If It Is Admitted, The Immigration Judge Should Then Consider How Much Weight The Testimony Should Receive. In Considering How Much Weight To Give An Expert’s Testimony, The Immigration Judge Should Assess How Probative And Persuasive The Testimony Is Regarding Key Issues In Dispute For Which The Testimony Is Being Offered.
  • Attorney General Holds That, In Conducting Its Review Of An Asylum Claim, The BIA Must Examine De Novo Whether The Facts Found By The Immigration Judge Satisfy All Of The Statutory Elements Of Asylum As A Matter Of Law. When Reviewing A Grant Of Asylum, The BIA Should Not Accept The Parties’ Stipulations To, Or Failures To Address, Any Of The Particular Elements Of Asylum Including, Where Necessary, The Elements Of A Particular Social Group. Instead, Unless It Affirms Without Opinion Under 8 C.F.R.§1003.1(e)(4)(i), The Board Should Meaningfully Review Each Element Of An Asylum Claim Before Affirming Such A Grant, Or Before Independently Ordering A Grant Of Asylum. Even If An Applicant Is A Member Of A Cognizable Particular Social Group And Has Suffered Persecution, An Asylum Claim Should Be Denied If The Harm Inflicted Or Threatened By The Persecutor Is Not “On Account Of” The Respondent’s Membership In That Group. That Requirement Is Especially Important To Scrutinize Where The Asserted Particular Social Group Encompasses Many Millions Of Persons In A Particular Society. One’s Membership In A Particular Social Group Cannot Be “Incidental, Tangential, Or Subordinate To The Prosecutor’s Mention…[F]or Why The Persecutor [ ] Sought To Inflict Harm.” Accordingly, Persecution That Results From Personal Animus Or Retribution Generally Does Not Support Eligibility For Asylum.
  • BIA Holds That, After An Immigration Judge Has Set A Firm Deadline For Filing An Application For Relief, A Respondent’s Opportunity To File The Application May Be Deemed Waived Prior To A Scheduled Hearing, If The Deadline Passes Without Submission Of The Application And No Good Cause For Noncompliance Has Been Shown. Respondent Failed To Meet His Burden Of Establishing That He Was Deprived Of A Full And Fair Hearing Where He Has Not Shown That Conducting The Hearing By Video Conference Interfered With His Communication With The Immigration Judge Or Otherwise Prejudiced Him As A Result Of Technical Problems With The Video Equipment.

Practice Areas

  • Family Immigration
  • Marriage
  • Employment Visas
  • H-1B Visas
  • PERM Labor Certification
  • E-1 & E-2 Visas
  • Hearing & Appeals
  • Deportation, Removal, Asylum
  • I-9/Worksite Enforcement

San Francisco Main Office
930 Montgomery Street
Suite 502
San Francisco, CA 94133

Silicon Valley Office
5201 Great America Parkway
Suite 320
Santa Clara, CA 95054

North Bay Office
4040 Civic Center Drive
Suite 200
San Rafael, CA 94903

Santa Barbara Office
3463 State Street
Suite 516
Santa Barbara, CA 93105

Los Angeles Office
445 S. Figueroa Street
Suites 2600 & 2700
Los Angeles, CA 90071

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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. PL&A 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

PL&A 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. PL&A 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 PL&A 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. PL&A 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.