Law Offices of Brian D. Lerner, A Professional Corporation

The Law Offices of Brian D. Lerner practices only Immigration and Nationality Law. Brian D. Lerner is a certified specialist in Immigration Law and has been helping thousand of immigrants for over 20 years. Get help now. Free Consultation available.

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Firm Overview

Brian D. Lerner has been a licensed attorney since 1992 and started the Law Offices of Brian D. Lerner, APC.

In 2000, Brian D. Lerner passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. He is now about 1 of only 150 Certified Specialists in Immigration and Nationality Law from a field of almost 200,000 attorneys.

Our immigration firm handles cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all areas of immigration. The Law Offices of Brian D. Lerner, APC does EB-5 Investor Visas, H-1B Specialty Occupation, L-1 Intracompany Transferee, E-2 Treaty Investor, E-1 Treaty Trader, O-1 Extraordinary Ability among others. We also do K-1 Fiancee and K-3 Spouse Visas.

Regarding immigrant visas for the Green Card, we do PERM and advanced degree PERM, Family Petitions, and Extraordinary Alien Petitions.

In addition to affirmative petitions, we represent people in people in deportation and removal hearings, including political asylum, withholding of removal, and convention against torture cases.

Brian D. Lerner received his B.S. Degree in Business Administration, with an emphasis on Computer Information Systems, from the University of Southern California. He graduated from the University of the Pacific, McGeorge School of Law with a Juris Doctorate degree.

Brian D. Lerner has argued Petitions for Review and direct appeals all over the U.S. and is admitted to the United States Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 1st - 11th Circuits.

Being able to utilize technology to help his Immigration Law practice, Brian Lerner can and does help people across the United States and around the world. He utilizes Skype for video consultations as well as Facebook. As for Facebook, there are numerous posts on immigration law. In fact, Brian D. Lerner has almost 100,000 likes from followers around the world who are helped by his immigration posts. He has almost 1,000,000 views of his now famous 'Coffee Talk' videos on Immigration Law numbering almost 550 videos.

You can also view the current blog on Immigration Law with hundreds of posts at brian-d-lerner-blog.com. Once a client would sign up for a case at the Law Offices of Brian D. Lerner, we have the most modern online system available. You would log on 24/7 from anywhere in the world to get updates on your case, status inquiries, communicate with the office, case manager and others working on your case, upload documents, answer questionnaires and more.

Attorney Brian D. Lerner has an educational immigration series whereby he teaches various subjects to other immigration attorneys to help them learn the ropes of immigration law. He can certainly help you and your family.

Please send me a note with your questions and I will be happy to help. The Law Offices of Brian D. Lerner, APC helps people from all over California, the United States and the world.

At the Immigration Courts, USCIS, ICE, BCBP, BALCA, Department of Labor, and the Board of Immigration Appeals, our firm can prepare all matters in every state in the United States, Puerto Rico and Guam. Mr. Lerner has traveled all over the United States to help people with their immigration needs.Mr. Lerner can handle the toughest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. Mr. Lerner is frequently present in immigration court, representing individuals in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. He has prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at USCIS. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.Brian Lerner will help prepare DACA applications and packets for Prosecutorial discretion and all other types of packets.

Mr. Lerner has prepared business visas for individuals from all over the world. Our firm has clients from practically every continent on Earth. His visa experience extends to Treaty Traders, Treaty Investors, Intercompany Transferees, Speciality Occupations, Training programs, and NAFTA visas. He has extensive experience in most all other types of visas issued. In addition to his visa experience, Mr. Lerner has prepared Multinational Manager, National Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.

Mr. Lerner
Main Office

Corporate Office
3233 E Broadway
Long Beach  CA  90803

Phone
  • 562 - 495-0554
Fax
  • 562-608-8672

Fees

Free Initial Consultation?

Initial Consultation is free

Services Offered For Fixed Fees?

Most every type of petition and application is offered for a fixed fee such as, but not limited to: business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all areas of immigration. The Law Offices of Brian D. Lerner, APC does EB-5 Investor Visas, H-1B Specialty Occupation, L-1 Intracompany Transferee, E-2 Treaty Investor, E-1 Treaty Trader, O-1 Extraordinary Ability among others. We also do K-1 Fiancee and K-3 Spouse Visas. Regarding immigrant visas for the Green Card, we do PERM and advanced degree PERM, Family Petitions, and Extraordinary Alien Petitions. In addition to affirmative petitions, we represent people in people in deportation and removal hearings, including political asylum, withholding of removal, and convention against torture cases, criminal relief, writs of certiorari to the U.S. Supreme Court, petitions for review, petitions for hearing en band

Office Information

Office Hours

9:00 a.m. - 6:00 p.m. Monday through Friday and 8:00 a.m. - 12:00 p.m. on Saturday

Emergency After Hours

Yes

Languages Spoken

English, Spanish, Tagalog

Other Offices

  • Los Angeles Branch Office
    4515 Eagle Rock Blvd.
    Suite 104
    Los Angeles,  CA  90041
  • San Bernardino County Branch Office
    397 N. Central Avenue
    Suite G
    Upland,  CA  91786
  • Philippines Office
    5756 Kalayaan Avenue
    ABBA 1 Building
    Makati,  AA  1200
Asylum
We do all areas of asylum (either applied for affirmatively or defensively) whether it is political opinion, religious belief, social group, national origin, or race. We can help put together a quality asylum packet for the best representation.
How to Apply for Asylum

To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. You may ask later than one year if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum. You may also be excused from the one year deadline if extraordinary circumstance prevented you from filing within the one year period after your arrival, so long as you apply within a reasonable time given those circumstances. You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States.

In addition, you must qualify for asylum under the definition of "refugee." Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case. If you have not been placed in removal proceedings and apply with the BCIS , an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision. If an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision. Immigration Judges also decide on removal if an applicant is found ineligible for asylum and is illegally in the United States. If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the BCIS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.

Asylum: Other Issues

Can I Travel Outside the United States?

If you are applying for asylum and you want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the BCIS and you may not be permitted to return to the United States. If your application for asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States. For more information, see How Do I Get a Travel Document?.

Will I Get a Work Permit?

Asylum applicants can not apply for employment authorization at the same time they apply for asylum. Rather, you must wait 150 days after the BCIS receives a complete application before you can apply for employment authorization. The BCIS has 30 days to either grant or deny your request for employment. Please see How Do I Get a Work Permit? for more information.

How Can I Find Out About the Status of My Application?

Please contact the BCIS Asylum Office that received your application. You should be prepared to provide the BCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Click here for information on BCIS offices.

How Can I Appeal?

Applicants will be interviewed by an Asylum Officer or an Immigration Judge. The Asylum Officer will either approve your application or refer it to an Immigration Judge for a final decision. If the Immigration Judge denies your asylum application, you will receive a letter telling you how to appeal the decision. Generally, you may appeal within 33 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

Immigration Attorneys Can now go forward with Domestic Violence Asylum Claims
Immigration Attorneys can now proceed with cases that have been on hold for many years. Attorneys who practice Immigration Law have been somewhat at a standstill for years regarding domestic violence cases as there was no law that gave such people the protection needed. However, the Matter of R_A_ has just been decided in favor of the person who was abused via domestic violence. Senator Leahy has issued a statement regarding this case which is right on point. It shows how domestic violence cases will now get the protection of U.S. asylum laws.
Deportation
Deportation and Removal can tear a family apart and ruin what you have spent your life building. The Law Offices of Brian D. Lerner has successfully represented families and individuals in Removal Proceedings for over 20 years and we can help you.
Remove Generally

Removal is a proceeding used to enforce the departure of inadmissible persons seeking admission or of persons who have been admitted to the United States but are deportable. Provisions contained in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 altered previous exclusion and deportation proceedings and established the following removal procedures:

(1) removal proceedings under INA § 240 for persons determined to be seeking admission and for all other persons in the United States subject to the grounds of inadmissibility under INA § 212 and grounds of deportation under INA § 237. The former distinction between exclusion proceedings—for those seeking admission—and deportation proceedings—for those already admitted to the United States—was eliminated;

(2) expedited removal under INA § 235(b)(1) for immigrants and nonimmigrants who, at the border, do not have proper documentation or who commit a material misrepresentation at entry, with certain exceptions;

(3) special removal procedures for suspected terrorist aliens considered to be a threat to foreign security under INA § 235(c) ;

(4) removal procedures for stowaways under INA § 235(a)(2)(B).

Persons Subject To Removal

Any alien in and admitted to the United States is subject to removal if the alien is within one or more of the statutory classes of deportable aliens. To be deportable, an alien must have made an “entry” into the United States; to be inadmissible, an alien need only seek to enter the United States.
An alien who enters without inspection and then adjusts status to that of an alien lawfully admitted to permanent residence under INA § 245A has accomplished an “admission” to the U.S. as that term is used in INA § 237(a)(2)(A)(iii) which provides that any alien who is convicted of an aggravated felony at any time after admission is deportable.
Observation: The President must transmit to the Congress, not later than January 1, 1989, and not later than January 1 of every third year thereafter, a comprehensive immigration-impact report to include a reasonable estimate, inter alia, of aliens who became deportable during the period under INA § 237 ]

Although the term “illegal alien” is not defined in INA § 101 , an alien in the United States without authorization is an illegal alien subject to deportation.
Observation: Because the federal government has exclusive authority over immigration matters, that portion of a state court order which requires an alien to agree to deportation as a condition of probation is preempted by the Supremacy Clause and unenforceable.

An issue resolved by a final judgement in a removal proceeding may not be relitigated. For example, an immigration judges initial decision at a removal hearing that the government has failed to proved that a noncitizen is an alien and deportable is res judicata and acts to bar the government from seeking to remove the petitioner based on matters resolved in that proceeding. However, a litigation error by the government, resulting in an adverse determination on alienage during a removal hearing does not preclude the government from thereafter seeking to remove a noncitizen for subsequent criminal acts.

Relief From Removal

A person who is found inadmissible or deportable may have several forms of relief available to him or her. These forms of relief include cancellation of removal for certain lawful permanent residents, including relief under former INA § 212(c), cancellation of removal or suspension of deportation for certain non-permanent resident aliens, cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), adjustment of status, political asylum and/or withholding of removal, nunc pro tunc permission to reapply for admission after removal, deferred action, certain waivers of inadmissibility, and private legislation.

Under INA § 240A(a) [8 U.S.C.A. § 1229b(a)], a lawful permanent resident who is inadmissible or deportable is eligible for relief from removal if he or she has been an alien lawfully admitted for permanent residence for not less than five years, has resided in the United States continuously for seven years after having been admitted in any status, and has not been convicted of an aggravated felony.

Under INA § 240A(b) [8 U.S.C.A. § 1229b(b)], an alien who is inadmissible or deportable from the United States can apply for cancellation of removal if she has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application, has been a person of good moral character during such period, has not been convicted of certain criminal offenses and establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a U.S. citizen or lawful permanent resident.
Green Card
There are many ways the Law Offices of Brian D. Lerner can help you get the Green Card. It can be through family, employment, asylum, winning Removal proceedings or obtaining it derivatively through another family member.
Consular Processing


Consular Processing is the procedure whereby you go to the appropriate United States Consulate to get your applications processed for either your Lawful Permanent Residence or for a myriad of different types of work permits.

Our law firm can prepare anyone of the numerous petitions necessary for you to enter the United States. This includes any type of immigrant or nonimmigrant petitions. Additionally, we can prepare any type of waiver for previous incidents whereby you may have been found to be inadmissible to the United States.

Our immigration services performed here will be to make the consulate processing as smooth as possible so that the foreign national can enter the United States as a Lawful Permanent Resident. One of our immigration attorneys who is familiar with consular practice can accompany you to the interview and help with every aspect of the interview. This will give you the maximum chance of success.


Adjustment of Status

Adjustment of Status is the procedure whereby you can obtain your Green Card without having to leave the United States, or to go to a United States Consulate for an interview. There are numerous ways to adjust your status.

We will provide immigration services done by a professional who knows all the laws of immigration and nationality law and will determine if you qualify for adjustment inside the U.S. Our law firm can find the correct path for you to take to get your status adjusted. Not only will we prepare all of the necessary applications, but we can also attend the interview with the Bureau of Citizenship and Immigration Services. Normally, this results in the entire process going smoothly and without any problems. Of course, if any problems arise, we know how to properly handle and take care of them.


Family Member Petitions

US Immigration Laws have many different categories of petitions that can be filed. Once filed under US Immigration Law, the priority date will depend upon the preference of the petition.

This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old. Immigration marriage petitions are issued for only 2 years through a conditional green card.

There are many types of family relationships that the United States allows a petition to be filed to get the Green Card. Some types of relationships would be United States Citizens petitioning their son, daughter, mother, father, brother, sister or spouse. Other petitions would be Lawful Permanent Residents petitioning their son, daughter, or spouse.

Depending on the type of petition, a visa number must be available to proceed to the final processing for the Green Card. Sometimes this takes many years. A petition for a brother or sister in the Philippines can take nearly 20 years. If the wait is too long, there are several other options that each family should consider to allow their loved ones come to the United States sooner.

Labor Certification is the process that begins the employment petition necessary to get your Green Card based upon a job offer by an employer. It is a process which takes some time, but could result in you obtaining you green card. You need to have an employer sponsor you through the entire process. Our firm will guide you through the entire process and make it as easy as possible for you.

We can help any employer who wants to sponsor an applicant. When you get an approved Labor Certification, it is proof that there are no available United States workers for the position offered by the employer. There are numerous job positions that are appropriate for a Labor Certification application. They range from computer specialists to teaching to mechanics to cooks to managers to landscapers (and everything in between.) Even if you do not have two years of prior experience, a Labor Certification can still be filed. It simply takes longer.


Marriage Petition

This type of visa will allow you to obtain the Green Card for you, your spouse and your unmarried children under 21 years old. You can get the Immigration Green Card by marriage if the marriage is bona-fide. The immigration services done by our law office will be to prepare the petition so that the foreign national will have the end goal of becoming a lawful permanent resident.

If you marry a United States Citizen, you can begin the process immediately to get your Green Card. Depending on your current status and whether you entered the country legally, you can stay in the United States and Adjust your Status to that of a Lawful Permanent Resident. Otherwise, you may have to have the application prepared and sent to the United States Consulate of your home country.

If you have been married less than two years, you will get a Conditional Green Card. This means that two years later, you will have to file another petition to remove the Conditional Residency to prove the marriage is real.


US Citizenship
Brian D. Lerner can determine if you qualify for Naturalization (even you have a past criminal history) or if you qualify for derivative citizenship (if one of your parents or grandparents was born in the U.S.) He will find the best path for you.
Naturalization

Naturalization is the process whereby people who have had their Green Cards for a certain period of time can apply to become United States Citizens. Becoming a United States Citizen gives you many privileges that are not afforded to a Lawful Permanent Resident.

Generally, if you have been a Lawful Permanent Resident for five years, you are eligible to apply. Additionally, if you have been a Lawful Permanent Resident for three years and are married to a United States Citizen, you are eligible to apply for United States Citizenship in only three years.

You must be careful. There are certain instances where applying for Naturalization can actually trigger the Bureau of Citizenship and Immigration Services to put you into deportation proceedings.

Derivative Citizenship

Many times people do not realize that they are United States citizens. Derivative Citizenship is the process whereby the Immigration and Naturalization Service will give you a Certificate of Citizenship proving that you are a United States citizen.

There are many ways that people are considered to be United States citizens. Many times, it will help people significantly to be citizens of the United States. Sometimes people are put in deportation proceedings, and have very little hope of not being deported. In these situations, they must explore the possibility whether they are a United States citizen through derivative citizenship.

Additionally, it is usually considerably faster to obtain the Certificate of Citizenship rather than going through the Naturalization process.

Child Citizenship Act of 2000

On October 30, 2000, President Clinton signed into law H.R. 2883, the Child Citizenship Act of 2000. The new law permits foreign-born children—including adopted children —to acquire citizenship automatically if they meet certain requirements. It becomes effective on February 27, 2001. This is citizenship immigration, not naturalization.

Which Children Automatically Become Citizens Under the New Law?

Beginning February 27, 2001, certain foreign-born children—including adopted children—currently residing permanently in the United States will acquire citizenship automatically. The term “child” is defined differently under immigration law for purposes of naturalization than for other immigration purposes, including adoption. To be eligible, a child must meet the definition of “child” for naturalization purposes under immigration law and must also meet the following requirements:

The child has at least one United States citizen parent (by birth or naturalization);
The child is under 18 years of age;
The child is currently residing permanently in the United States in the legal and physical custody of the United States citizen parent;
The child is a lawful permanent resident;
An adopted child meets the requirements applicable to adopted children under immigration law; and
Acquiring citizenship automatically means citizenship acquired by law without the need to apply for citizenship. A child who is currently under the age of 18 and has already met all of the above requirements will acquire citizenship automatically on February 27, 2001. Otherwise, a child will acquire citizenship automatically on the date the child meets all of the above requirements.
Is the Law Retroactive? Is Automatic Citizenship Provided for Those Who Are 18 Years of Age or Older?

No. The new law is not retroactive. Individuals who are 18 years of age or older on February 27, 2001, do not qualify for citizenship under this law, even if they meet all other criteria. If they choose to become U.S. citizens, they must apply for naturalization and meet eligibility requirements that currently exist for adult lawful permanent residents.

Will Eligible Children Automatically Receive Proof of Citizenship—Such As Citizenship Certificates and Passports?

No. Proof of citizenship will not be automatically issued to eligible children. However, if proof of citizenship is desired, beginning February 27, 2001, parents of children who meet the conditions of the new law may apply for a certificate of citizenship for their child with INS and/or for a passport for their child with the Department of State.

What Will INS Do With Currently Pending Applications for Certificates of Citizenship?

For pending applications filed to recognize citizenship status already acquired, INS will continue to adjudicate such applications under the relevant law applicable to the case. For applications that required INS approval before an individual could be deemed a U.S. citizen, INS will adjudicate those cases under current law until February 27, 2001. On February 27, 2001, INS will adjudicate those cases under the new law and for applicants who automatically acquire citizenship as of the effective date, INS will issue certificates of citizenship reflecting the person’s citizenship as of that date.
US Visa
There are many types of visas and the Law Offices of Brian D. Lerner will find what is best for you. There are work visas, religious visas, temporary visas, visas for extraordinary foreign nationals, student visas, transit visas and many more.
H-1B Specialty Worker Visa

If you have a college education and a sponsor in the United States, you may qualify for this visa. American Immigration permits this type of specialty occupation work visas. It can be approved in as fast as two to three months. This visa is usually issued for a period of three years. Should you decide to stay longer, it can be extended for another 3 years. There are a limited number of these visas per year, and therefore, if you have a sponsor, you should get started right away. As a sponsor, you must pay the prevailing wage to the employee. The prevailing wage is the wage that prevails generally and is the normal wage for that type of position. When the H-1B is being prepared, the government will let us know what is the prevailing wage.

If you later decide you want a green card, you can apply for ‘Labor Certification’ while you have your Specialty Occupation Visa. Your spouse and children can come to the U.S. once you are approved. Additionally, your children can go to school without any problem.


K-1 Fiance

This is the alternative to waiting outside the United States for nearly a year to be with your spouse. Rather than getting married outside the United States, you can have a Fiancée Visa issued in a very short time. In fact, it usually takes only thirty to forty-five days to get an approval from the Bureau of Citizenship and Immigration Services.

Once the visa is issued, your fiancée will come to the United States and you will get married within ninety days in the United States. Afterwards, your spouse will be with you in the United States while awaiting issuance of the Green Card. Your spouse can also leave the United States without any problem of returning.

Any children that your fiancée has can also come to the United States once the visa is issued. This visa automatically allows your fiancée to work upon entry to the United States.

K-3 Spouse

The LIFE Act expands the criteria for "K" visas beyond status for fiancés of U.S. citizens. Under LIFE, a new K3 status is created for spouses of U.S. citizens. The K3 visa is not intended to be a prerequisite for the admission of U.S. Citizens’ spouses. It is meant to be a speedy mechanism for the spouse of a U.S. citizen to join that U.S. citizen spouse and obtain the immigrant visa/status in the United States, rather than wait for long periods of time outside the United States.




The K3 visa allows these spouses to enter the United States to await BCIS approval of the I-130 petition. K3 issuance may further depend on BCIS approval of some type of petition for non-immigrant status filed in the United States by the U.S. citizen petitioner, the exact nature of which has not yet been determined by BCIS . For those couples married outside the United States, the non-immigrant K3 visa must be "issued by a consular officer in the foreign state in which the marriage was concluded," according to the LIFE Act. An unmarried child of a K3 applicant only needs to demonstrate that he/she is the child of an alien entitled to K3 status in order to obtain a K4 visa. No petition filed on the child’s behalf is required.

R-1 Religious

This is the temporary religious visa. If you want to come to the United States to perform duties in a religious organization, this would be the visa that would be of most interest to you.

This visa does not need prior Immigration and Naturalization approval, and therefore, is a very quick visa to obtain. Later, you may be able to apply for the permanent residence religious visa to obtain the Green Card. This visa can be issued for up to three years.

Your spouse and unmarried children can come to the United States once your visa is approved. Additionally, you children can go to school in the United States without a problem.


U Humanitarian Visa

The U visa category was created by provisions in the Victims of Trafficking and Violence Protection Act of 2000 for victims of certain enumerated crimes which occur in the United States. The Act provides for up to 10,000 visas yearly for such victims. U nonimmigrants may be eligible for adjustment of status after three years of continuous presence where reasons of humanitarian grounds, family unity or public interest justify such a grant. An alien may be classified as a U nonimmigrant if the Secretary of Homeland Security determines that: (1) the alien has suffered substantial physical or mental abuse as a result of having been a victim of criminal activity involving one or more of the following or any similar activity in violation of federal, state, or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion and others.
Immigration Law
Immigration Law is full of complexities and red tape. The Law Offices of Brian D. Lerner will drive you through this maze of regulations and do their best to get you the maximum result and to protect you and your family from the harsh laws.
Visas Change of Status

Our law firm prepares each and every kind of visa for the nonimmigrant or the immigrant. Detailed on several other parts of this site are summary descriptions of all the types of visas that we prepare for all types of clients.

For those people in the United States, our law firm also prepares petitions to change your status in the United States to a myriad of different types of visas.

For those that qualify, we also do every kind of petition for you to become a United States Citizen, including naturalization and derivative citizenship applications.

Deportation

For a myriad of reasons, people find themselves in deportation or removal proceedings. In these proceedings the Immigration and Naturalization Service tries to deport you from the United States.

There are many ways of winning a deportation or removal case. Many factors depend upon how long you have been here in the United States, your family relationships, or whether you have a past criminal history. Our law represents numerous people in deportation proceeding. These people come from around the world.

We will do everything possible so that you or your loved one does not get separated across international borders. It is crucially important that you get legal representation as soon as possible to avoid adverse consequences of saying something in Immigration Court that will damage the outcome of the case.

DACA basics:

On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action to “DREAMers.” For all the promising undocumented youth who call America home this represents the opportunity to come out of the shadows and fully embrace the only country they know. AILA embraces this bold action provide relief and enable these young people to actively contribute to our society and economy.

Individuals who meet the following criteria from Secretary Napolitano’s June 15, 2012 memorandum will be considered for deferred action:

Have arrived in the U.S. when they were under the age of sixteen;

Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;

Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;

Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and

Have been under thirty-one years old on June 15, 2012.

The deferred action offer will be available to those in proceedings, as well as those who apply affirmatively. [NOTE: Individuals who are NOT in proceeding should NOT apply affirmatively at this time.


E1/E2 Treaty Investor/Trader Visa
This is the premier business Visa. If you are interested in starting your own business in the United States, you may qualify for the Treaty Investor Visa. People who want to come to the U.S. quickly and efficiently to start their own business, or to purchase an existing business can use this Visa. Numerous countries around the world have a treaty with the U.S., and it is people from these countries that can come to the U.S. on the E1 or E2 Visa. This visa is for the entrepreneur.

The E1/E2 Visa is known as the Treaty Investor (E2) or Treaty-Trader (E1) Visa. If you want to set up a company to trade with your home country, then you may qualify as a treaty trader. This Visa does not need prior BCIS approval, and therefore, once it is properly prepared, it can be sent directly to the U.S. Consulate. This means when you and your family want to enter the U.S. rapidly to get the business operational or to do a 5 month transition of ownership, this is the perfect Visa.

There is no set minimum or maximum amount that must be invested. Our law firm will help you with the entire process. This visa can be approved in as fast as 1 to 2 months. All unmarried children under the age of 21 years and your spouse can come to the U.S. once you qualify. The children can go to school without any problems.

Our firm will prepare the E1/E2 petition in an expert manner. Additionally, a complex and detailed Business Plan will be prepared.

Finally, our firm offers an additional service. One of our immigration attorneys will accompany you to the U.S. Consulate to aid with the interview and ensure that the Consulate process goes smoothly and efficiently.


Battered Spouses

Generally, U.S. citizens (USC) and Lawful Permanent Residents (LPRs) file an immigrant visa petition with the Bureau of Citizenship and Immigration Services (INS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. The Petition for Alien Relative is filed by the USC/LPR, the petitioner, on behalf of the family member who is the beneficiary. The petitioner controls when or if the petition is filed.

How did your firm decide on the primary area of practice(s)?

The Law Offices of Brian D. Lerner practices exclusively Immigration and Nationality Law. Immigration Law is a very satisfying area of law to practice. This is because many other areas of law deal only with various types of property judgments or money judgements. Here, we are dealing with peoples lives and the path the rest of their lives will take. We are dealing with people who want to come to the United States, or remain in the United States and not be deported. Once we succeed or prevail on a particular petition, application, appeal or another matter, we can see the joy in the family and the utter relief that they can stay here in the United States or that they can come to the United States.

What experience or education distinguishes your lawyers from others

Brian D. Lerner is a certified specialist in Immigration and Nationality Law. Many years ago, Los Angeles Immigration Attorney Brian D. Lerner has passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. Brian D. Lerner is one of only a handful of Immigration Attorneys in California that is a Certified Specialist in Immigration and Nationality Law.

CERTIFIED SPECIALISTS IN IMMIGRATION LAW

Get Immigration Help from an Immigration Attorney who is a Certified Specialist

Why does the State Bar Certify Legal Specialists?

To help the public identify attorneys who have demonstrated proficiency in specialized fields of law;

To encourage the maintenance and improving of attorney competence in specialized fields of law;

To have immigration services done by a professional who knows all the laws of immigration and nationality law; and

Preparation of immigration petitions and applications is far more than just filling out forms.

What Does it Mean When an Attorney is a “Certified Specialist”?

He or she must have taken and passed a written examination in Immigration and Nationality Law; demonstrated a high level of experience in Immigration and Nationality Law
fulfilled ongoing education requirements; been favorably evaluated by other attorneys and judges familiar with his or her work.

A certified specialist knows the overall picture and can discuss different strategies to help you choose the best one for your needs.

What Can a Certified Immigration & Nationality Law Specialist Do for You?

Advise you, your family or your business so that you do not loose out to faulty immigration document preparation or failure to properly analyze your case;

Identify problems and proactively avoid unnecessary expense, delays and rejection by Immigration;

Keep you current with changes in the law which affect legal rights or status and help with past mistakes;

Protect your legal rights if contacted by the Immigration;

If apprehended by the ICE, you need qualified representation in bond and deportation hearings to assure due process and appeal rights;

As an employer, representation at ICE audits and investigations assures compliance with verification and hiring requirements and avoids fines or penalties;

Protect your lawful residence status;

Help you obtain U.S. citizenship.

What distinguishes your law firm from others?

Brian D. Lerner has 20 years of experience in Immigration and Nationality Law and is a certified specialist in this area of law as put forth by the State Board of Legal Specialization of the California State Bar.

He has offices in Long Beach, Los Angeles, San Bernardino County and the Philippines. He is fluent in Spanish.

The Law Offices of Brian D. Lerner has a web portal to access your case 24/7 from anywhere in the world with internet access. Communication, documents, briefs, notes, forms and all other areas are updated on this web portal.

As for all immigration matters at the Immigration Courts, USCIS, ICE, BCBP, BALCA, Department of Labor, and the Board of Immigration Appeals, our firm can prepare all matters in every state in the United States, Puerto Rico and Guam. Mr. Lerner has traveled all over the United States to help people with their immigration needs.Mr. Lerner can handle the toughest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. Mr. Lerner is frequently present in immigration court, representing individuals in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. He has prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at USCIS. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.Brian Lerner will help prepare DACA applications and packets for Prosecutorial discretion and all other types of packets.
Mr. Lerner has prepared business visas for individuals from all over the world. Our firm has clients from practically every continent on Earth. His visa experience extends to Treaty Traders, Treaty Investors, Intercompany Transferees, Speciality Occupations, Training programs, and NAFTA visas. He has extensive experience in most all other types of visas issued. In addition to his visa experience, Mr. Lerner has prepared Multinational Manager, National Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.

Mr. Lerner’s clients are from all over the United States and many countries around the world. Immigration Law is Federal Law. Therefore, a petition or application would be prepared the same in Texas, Florida, or any other State as it would in California. It is more important for you to make sure that you have an expert attorney in Immigration Law prepare your case, rather than a lawyer who happens to be local. There is too much at stake to just give your case to anyone.

The Law Offices of Brian D. Lerner will fight for you and your family. Since he is married to an immigrant himself, he is committed to helping people from all around the world to come to the United States to realize their dream.

Brian Lerner

I have been a licensed attorney since 1992 and started the Law Offices of Brian D. Lerner, APC. My practice consists of Immigration and Nationality Law and everything involved with and regarding immigration and deportation and citizenship.

Regarding Immigration Law, in 2000, I passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. Iam now about 1 of only 150 Certified Specialists in Immigration and Nationality Law from a field of almost 200,000 attorneys.

The Immigration Law part of the Law Offices of Brian D. Lerner, APC handles cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all areas of immigration. The Law Offices of Brian D. Lerner, APC does EB-5 Investor Visas, H-1B Specialty Occupation, L-1 Intracompany Transferee, E-2 Treaty Investor, E-1 Treaty Trader, O-1 Extraordinary Ability among others. We also do K-1 Fiancee and K-3 Spouse Visas. Regarding immigrant visas for the Green Card, we do PERM and advanced degree PERM, Family Petitions, and Extraordinary Alien Petitions. In addition to affirmative petitions, we represent people in people in deportation and removal hearings, including political asylum, withholding of removal, and convention against torture cases.

I received my B.S. Degree in Business Administration, with an emphasis on Computer Information Systems, from the University of Southern California. I graduated from the University of the Pacific, McGeorge School of Law with a Juris Doctorate degree.

I have argued Petitions for Review and direct appeals all over the U.S. I am admitted to the United States Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 1st - 11th Circuits.

Please send me a note with your questions and I will be happy to help. The Law Offices of Brian D. Lerner, APC helps people from all over California, the United States and the world.

Being able to utilize technology to help his Immigration Law practice, Brian Lerner can and does help people across the United States and around the world. He utilizes Skype for video consultations as well as Facebook. As for Facebook, there are numerous posts on immigration law. In fact, Brian D. Lerner has almost 100,000 likes from followers around the world who are helped by his immigration posts.

You can also view the current blog on Immigration Law with hundreds of posts at brian-d-lerner-blog.com. Once a client would sign up for a case at the Law Offices of Brian D. Lerner, we have the most modern online system available. You would log on 24/7 from anywhere in the world to get updates on your case, status inquiries, communicate with the office, case manager and others working on your case, upload documents, answer questionnaires and more.

Attorney Brian D. Lerner has an educational immigration series whereby he teaches various subjects to other immigration attorneys to help them learn the ropes of immigration law. He can certainly help you and your family.

As for all immigration matters at the Immigration Courts, USCIS, ICE, BCBP, BALCA, Department of Labor, and the Board of Immigration Appeals, our firm can prepare all matters in every state in the United States, Puerto Rico and Guam. Mr. Lerner has traveled all over the United States to help people with their immigration needs.Mr. Lerner can handle the toughest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. Mr. Lerner is frequently present in immigration court, representing individuals in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. He has prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at USCIS. He has appealed and argued cases in the Circuit Court of Appeals all over the United States.Brian Lerner will help prepare DACA applications and packets for Prosecutorial discretion and all other types of packets.

Mr. Lerner has prepared business visas for individuals from all over the world. Our firm has clients from practically every continent on Earth. His visa experience extends to Treaty Traders, Treaty Investors, Intercompany Transferees, Speciality Occupations, Training programs, and NAFTA visas. He has extensive experience in most all other types of visas issued. In addition to his visa experience, Mr. Lerner has prepared Multinational Manager, National Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners.
License
  • Bar Number: 158536
    California , 1992
Education
  • University of Southern California
    B.S. Business Administration (Emphasis on Computer Information Systems) , 1988
  • University of the Pacific, McGeorge School of Law
    Juris Doctor , 1991

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The H-1B and the O-1

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