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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
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    • 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
  • Blog
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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

BIA Holds That The Categorical Approach Does Not Govern Whether Violation Of A Protection Order Renders One Ineligible For Cancellation Of Removal

October 5, 2018 matejka

BIA Holds That The Categorical Approach Does Not Govern Whether Violation Of A Protection Order Per INA §237(a)(2)(E)(ii) Renders One Ineligible For Cancellation Of Removal Under INA §240A(b)(1)(C); Instead, Immigration… CONTINUE

Filed Under: Cancellation of Removal, Removal, Withholding of Removal

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

  • Because The Identity Of The Drug Involved Is An Element Of The Crime Of Possession Of A Controlled Substance Under Section 124.401(5) Of The Iowa Code, The Statue Is Divisible (Regarding Marijuana, Methamphetamine Or Amphetamine) As To The Specific Drug Involved, And The Record Of Conviction Can Be Examined Under The Modified Categorical Approach To Determine Whether That Drug Is A Controlled Substance Under Federal Law. Respondent’s Conviction For Methamphetamine Possession Under Section 124.401(5) Qualifies As A Controlled Substance Offense Under INA §237(a)(2)(B)(i).
  • The Standard Of Proof Necessary To Bar The Approval Of A Visa Petition Based On Marriage Fraud Under INA §204(c) Is “Substantial And Probative Evidence.” The Degree Of Proof Necessary To Constitute “Substantial And Probative Evidence” Is More Than A Preponderance Of Evidence, But Less Than Clear And Convincing Evidence; The Evidence Must Be More Than Probably True That The Marriage Is Fraudulent. The Nature, Quality, Quantity, And Credibility Of The Evidence Of Marriage Fraud Contained In The Record Should Be Considered In Its Totality In Determining If It Is “Substantial And Probative.” The Application Of This Standard Of Proof Requires The Examination Of All The Relevant Evidence And A Determination As To Whether Such Evidence When Viewed In Its Totality, Establishes With Sufficient Probability That The Marriage Is Fraudulent. Both Direct And Circumstantial Evidence May Be Considered In Determining Whether There Is “Substantial And Probative Evidence” Of Marriage Fraud Under §204(c) And Circumstantial Evidence Alone May Be Sufficient To Constitute “Substantial And Probative Evidence.
  • Attorney General Barr Holds That In Matter Of L-E-A-, 27 I&N Dec. 40 (BIA 2018), The BIA Improperly Recognized The Respondent’s Father’s Immediate Family As A “Particular Social Group” (PSG) For Purposes Of Qualifying For Asylum Under The INA. All Asylum Applicants Seeking to Establish Membership In A PSG, Including Groups Defined By Family Or Kinship Ties, Must Establish That The Group Is 1) Composed Of Members Who Share A Common Immutable Characteristic; 2) Defined With Particularity; 3) Socially Distinct Within The Society In Question. While The BIA Has Recognized Certain Clans And Subclans as PSGs, Most Nuclear Families Are Not Inherently Socially Distinct And Therefore Do Not Qualify As PSGs. The Portion Of The BIA’s Decision Recognizing The Respondent’s Proposed PSG Is Overruled (Matter Of L-E-A, Part II. A). The Rest Of The BIA’s Decision Including Its Analysis Of The Required Nexus Between Alleged Persecution And The Alleged Protected Ground, Is Affirmed (Part II.B).
  • BIA Holds Immigration Judges Have The Authority To Deny An Application For Temporary Protected Status (TPS) In The Exercise Of Discretion.
  • BIA Holds That, Under The Plain Language Of INA §237(a)(3)(D)(i), It Is Not Necessary To Show Intent To Establish That One Is Deportable For Making A False Representation Of U.S. Citizenship. Although A Naturalization Certificate Is Evidence Of U.S. Citizenship, The Certificate Itself Does Not Confer Citizenship Status If It Is Acquired Unlawfully.

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

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4040 Civic Center Drive
Suite 200
San Rafael, CA 94903

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

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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.