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Cranford, New Jersey
Alan Lubiner, partner at Lubiner & Schmidt, leverages points of law to help you make America your home []
Interests: Using 30 years experience in immigration/naturalization law to make a permanent difference in the lives of clients, please contact Alan Lubiner at Lubiner & Schmidt,
Recent Activity
"Fei Mei Cheng v. Attorney General of U.S." - copy of opinion here - deals with a matter considered sacred in most democracies: Asylum. It's of particular interest to immigration law because much of the case involves how "asylum language" will be interpreted. In addition, there is the issue of... Continue reading
Posted Jan 4, 2011 at Immigration/Naturalization Law
The recent plea agreement between defendant Vision Systems Group and the U.S. Government - copy here - brings to a close the federal case against this provider of information technology services. According to the agreement, Vision Systems will plead guilty to Count 4 of the Third Superseding Indictment, which was... Continue reading
Posted Dec 23, 2010 at Immigration/Naturalization Law
"Alan, am I wrong or is the H-1B program a minefield of problems? We just read about how U.S. Department of Labor fined Peri Software Solutions for violations of the H-1B provisions. What should we know first before even considering this option to beef up our workforce. Tech is rebounding."... Continue reading
Posted Dec 12, 2010 at Immigration/Naturalization Law
For a brief time in its grim economic history, Ireland turned to gold everything it touched. During that Celtic Miracle, growth averaged about six percent and even hit 10 percent. For once in a long time, the young had the option of not emigrating for work. Then, there was over-reaching.... Continue reading
Posted Dec 6, 2010 at Immigration/Naturalization Law
"The U.S. Supreme Court ruling in 'Padilla v. Commonwealth of Kentucky' is among the handful of decisions in the last 50 years which is transforming both our criminal system and the law associated with immigration." That's what I wrote on this blog late last August. In addition, I was interviewed... Continue reading
Posted Nov 22, 2010 at Immigration/Naturalization Law
H-1B visas have been the faster, more efficient route for employers to obtain "work permits" for foreigners whose specialized skills they need. Once granted, H-1B visas can be valid for up to six years. One problem has arisen. That's when employers file a request for extension, there is a delay... Continue reading
Posted Nov 15, 2010 at Immigration/Naturalization Law
This is good news for you 300 nationals of Somalia who had been granted TPS - Temporary Protected Status. That had been due to expire on March 17, 2011. The U.S. Citizenship and Immigration Services [USCIS] has extended the TPS until September 17, 2012. What you must do, between now... Continue reading
Posted Nov 8, 2010 at Immigration/Naturalization Law
Back in 1999, George Anagnostou was aware that illegal aliens, employed at the Timbuktu restaurant in Maryland, had been arrested. Therefore, when he took over that restaurant and became co-owner of By The Docks restaurant, he was no newbie about immigration enforcement. Late last month, Anagnostou entered a plea agreement... Continue reading
Posted Nov 3, 2010 at Immigration/Naturalization Law
Portability is not automatic, just because your I-485 is pending more than 180 days. That has been decided in the "Matter of Al Wazzan," 25 I&N, Dec. 359 (AAO 2010). Here is the decision by the AAO [Administrative Appeals Office] of the U.S. Citizenship and Immigration Services, October 20, 2010.... Continue reading
Posted Oct 24, 2010 at Immigration/Naturalization Law
"Beware what you post on social networking sites such as Facebook and MySpace. "The Office of Fraud Detection and National Security [FDNS] could be monitoring and treating as true whatever you post. There's more. Those immigration officers could be posing as one of your friends on those sites." That's what... Continue reading
Posted Oct 18, 2010 at Immigration/Naturalization Law
"Some countries have begun turning this [environmental] displacement into a positive learning experience by providing such migrants an income and acquire skills, making them more resilient when they return home." - Excerpt from "Fleeing Disaster can be a good thing" IRIN Asia English Service, March 30, 2010. We immigration attorneys... Continue reading
Posted Oct 13, 2010 at Immigration/Naturalization Law
"Come October 31st, do I have to rush out and make sure I have one of those new copies of my birth certificate from Puerto Rico?" Some of you have been asking that question - and are worried. So we at Lubiner & Schmidt, based in Cranford, New Jersey, are... Continue reading
Posted Oct 12, 2010 at Immigration/Naturalization Law
Today, October 5th, is the beginning of this year's Green Card Lottery Program. Officially, that's known as U.S. Department of State's 2012 Diversity Visa Lottery Program. Your Opportunity: The Green Card Lottery is an opportunity for those who are natives of countries other than the U.S. and are eligible to... Continue reading
Posted Oct 5, 2010 at Immigration/Naturalization Law
The fee increases by the U.S. Citizenship and Immigration Services [USCIS] will go into effect this coming November 23rd. We at Lubiner & Schmidt, Cranford, New Jersey, will brief you on those changes and discuss if you can expect more efficiency at the USCIS. First, what's new. Those changes are... Continue reading
Posted Sep 28, 2010 at Immigration/Naturalization Law
"Our children 'fall off the cliff' once they graduate high school." That's what too many of the clients at Lubiner & Schmidt, Cranford, New Jersey tell us. Their sons and daughters are part of what has been called the 1.5 Generation. Brought to the United States when very young, the... Continue reading
Posted Sep 16, 2010 at Immigration/Naturalization Law
The decision handed down by the Board of Immigration Appeals in the "Matter of Graciela Quilantan" on July 28, 2010 can have far-reaching impacts on immigration law in all 50 states. That's because the ruling unbundled "admitted" from "inspected." Previously, if you sought to adjust your status via marriage to... Continue reading
Posted Sep 14, 2010 at Immigration/Naturalization Law
Cancellation of Removal [COR ]is a legal remedy that you can request to prevent deportation. One challenge you will encounter with COR is that it, as with most of immigration law, tends to be open to interpretation. This is evident in the two very different decisions recently made by the... Continue reading
Posted Sep 6, 2010 at Immigration/Naturalization Law
The June 21, 2010 Superior Court of NJ Appellate decision in the "State v. Daniel Davies" might bring good news to you and your family. That's because the ruling clarifies the rights of those such as you who seek to enter the Pre-Trial Intervention Program [PTI.] Therefore, it could provide... Continue reading
Posted Aug 29, 2010 at Immigration/Naturalization Law
The U.S. Supreme Court ruling in "Padilla v Commonwealth of Kentucky" is among the handful of decisions in the last 50 years which is transforming both our criminal justice system and the law associated with immigration. Essentially, the Justices of the High Court decided that aliens must be informed by... Continue reading
Posted Aug 23, 2010 at Immigration/Naturalization Law
You told us at Lubiner & Schmidt this: You needed us to talk straight and regularly with you about immigration and naturalization legal issues. We heard you. This blog provides the connection between Lubiner & Schmidt and what's on your mind. If there's something we haven't covered, please leave a... Continue reading
Posted Aug 23, 2010 at Immigration/Naturalization Law
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Aug 23, 2010