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Philip Levin & Associates

Immigration Law

800-974-2691       
  • Home
  • Practice Areas
    • Hearings & Appeals
    • Deportation, Removal & Asylum
    • Family Immigration
    • Marriage
    • Employment Visa
    • H-1B Work 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

Expert Testimony in an Immigration Case

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

Reviewing A Grant Of 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 An Immigration Judge May Rely On Inconsistencies To Support An Adverse Credibility Finding As Long As Either The Immigration Judge, The Applicant, Or The DHS Has Identified The Discrepancies And The Applicant Has Been Given An Opportunity To Explain Them During The Hearing. An Immigration Judge May, But Is Not Required To, Personally Identify An Obvious Inconsistency Where It Is Reasonable To Assume That The Applicant Was Aware Of It And Had An Opportunity To Offer An Explanation Before The Immigration Judge Relied On It.

January 29, 2020 Philip Levin

On December 12, 2019, the Board of Immigration Appeals (BIA or Board) denied the Respondent’s request for oral argument and dismissed his appeal of an order by the Immigration Judge… CONTINUE

Filed Under: Asylum, BIA, Blog

BIA Holds That Torturous Conduct Committed By A Public Official Who Acts “In An Official Capacity,” That Is, “Under Color Of Law,” Is Covered By The Convention Against Torture, But Such Conduct By An Official Who Is Not Acting In An Official Capacity, Known As A “Rogue Official,” Is Not Covered By The Convention. The Key Consideration In Determining If A Public Official Was Acting Under Color Of Law Is Whether He Was Able To Engage In Torturous Conduct Because Of His Government Position Or If He Could Have Done So Without A Connection To The Government.

January 6, 2020 Philip Levin

On December 6, 2019, the Board of Immigration Appeals (BIA or Board) in a lengthy and extensively footnoted decision, dismissed the appeal of a respondent whose applications for political asylum,… CONTINUE

Filed Under: Asylum, BIA, Blog, immigration Tagged With: CAT

BIA Holds That An Immigration Judge Has The Authority To Dismiss Removal Proceedings Per 8 C.F.R. §239.2(a)(7) Upon A Finding That Respondent Abused The Asylum Process By Filing A Meritless Asylum Application With USCIS For The Sole Purpose Of Seeking Cancellation Of Removal In The Immigration Court.

July 15, 2019 Philip Levin

On May 31, 2019, the Board of Immigration Appeals (BIA or Board) dismissed an appeal by respondents of the granting by an Immigration Judge (IJ) of a DHS motion to… CONTINUE

Filed Under: Asylum, Department of Homeland Security, Removal, Withholding of Removal Tagged With: Master Hearing

Recent Attorney General Sessions Holdings re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014)

August 16, 2018 Philip Levin

Attorney General Sessions Holds re the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014): Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) Was Wrongly Decided And Is Overruled; One… CONTINUE

Filed Under: Asylum, Attorney General, Blog, Jeff Sessions

One Seeking Asylum Or Withholding Of Removal Based On Membership In A Particular Social Group (PSF) Must Clearly Delineate The Proposed Group On The Record Before The Immigration Judge (IJ). The BIA Will Generally Not Address A Newly Articulated PSG On Appeal If It Was Not Advanced Before The IJ.

February 27, 2018 Philip Levin

On January 19, 2018, the Board of Immigration Appeals (BIA or Board), in dismissing the appeal of a Honduran citizen, issued a decision which arguably adds to the burden of… CONTINUE

Filed Under: Asylum, Blog, DACA, immigration, Particular Social Group (PSG), Seeking Asylum, Withholding of Removal

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Recent Blog Posts

  • H-1B Work Visa Update
  • Marriage Was Fraudulent for Purpose of Evading Immigration
  • Cancellation of Removal
  • Expert Testimony in an Immigration Case
  • Reviewing A Grant Of Asylum

Practice Areas

  • Family Immigration
  • Marriage
  • Employment Visa
  • H-1B Work 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.