Brian Lerner
@blerner.bsky.social
With over 30 years of experience, I help individuals, families, and businesses achieve their immigration goals. From reuniting loved ones to navigating complex cases, we provide expert guidance and personalized solutions.
Divorced at month 19. Card expires at month 24. He assumes the divorce ended it — the ex-spouse files fraud allegations with USCIS instead. Matter of Jin, 29 I&N Dec. 441 (BIA 2026). Composite illustration, not a client.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
October 5, 2026 at 4:02 PM
Divorced at month 19. Card expires at month 24. He assumes the divorce ended it — the ex-spouse files fraud allegations with USCIS instead. Matter of Jin, 29 I&N Dec. 441 (BIA 2026). Composite illustration, not a client.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
Do nothing and 8 C.F.R. 216.4(a)(6) does it for you: residence terminates automatically, removal proceedings begin. A late I-751 is accepted only on a written good-cause showing. There is no form for that.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
October 2, 2026 at 4:14 PM
Do nothing and 8 C.F.R. 216.4(a)(6) does it for you: residence terminates automatically, removal proceedings begin. A late I-751 is accepted only on a written good-cause showing. There is no form for that.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
USCIS says the I-751 takes 4.387 hours. Its own notice counts 153,000 petitions a year, 306,000 biometrics appointments and $19,698,750 in annual cost to the public. 91 FR 58160. Comments close October 14.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
October 1, 2026 at 4:09 PM
USCIS says the I-751 takes 4.387 hours. Its own notice counts 153,000 petitions a year, 306,000 biometrics appointments and $19,698,750 in annual cost to the public. 91 FR 58160. Comments close October 14.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
Biggest I-751 mistake: treating the joint-filing waiver as paperwork. Zia v. Garland, 112 F.4th 1194 (9th Cir. 2024) — the court of appeals cannot review the credibility finding. The record you build below is the whole case.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
September 30, 2026 at 4:03 PM
Biggest I-751 mistake: treating the joint-filing waiver as paperwork. Zia v. Garland, 112 F.4th 1194 (9th Cir. 2024) — the court of appeals cannot review the credibility finding. The record you build below is the whole case.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
Los 90 dias que deciden su residencia condicional son los 90 dias ANTES del segundo aniversario. 8 C.F.R. 216.4(a)(1). Si pierde esa ventana, el estatus termina automaticamente.
https://californiaimmigration.us/i-751-ventana-90-dias-exencion-presentacion-conjunta/
https://californiaimmigration.us/i-751-ventana-90-dias-exencion-presentacion-conjunta/
September 29, 2026 at 7:40 PM
Los 90 dias que deciden su residencia condicional son los 90 dias ANTES del segundo aniversario. 8 C.F.R. 216.4(a)(1). Si pierde esa ventana, el estatus termina automaticamente.
https://californiaimmigration.us/i-751-ventana-90-dias-exencion-presentacion-conjunta/
https://californiaimmigration.us/i-751-ventana-90-dias-exencion-presentacion-conjunta/
The 90 days that decide your conditional green card are the 90 days BEFORE the second anniversary of the day you became a resident. 8 C.F.R. 216.4(a)(1). Miss the window and status terminates automatically.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
September 29, 2026 at 4:05 PM
The 90 days that decide your conditional green card are the 90 days BEFORE the second anniversary of the day you became a resident. 8 C.F.R. 216.4(a)(1). Miss the window and status terminates automatically.
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
https://californiaimmigration.us/i-751-90-day-window-joint-filing-waiver/
The mistake will be thinking this is a diplomat problem. The new definition of "foreign government employee" reaches locally hired consulate staff who are nationals of that country. Most hold no diplomatic status at all.
https://californiaimmigration.us/consulate-employee-child-born-us-citizen-rule/
https://californiaimmigration.us/consulate-employee-child-born-us-citizen-rule/
September 28, 2026 at 5:04 PM
The mistake will be thinking this is a diplomat problem. The new definition of "foreign government employee" reaches locally hired consulate staff who are nationals of that country. Most hold no diplomatic status at all.
https://californiaimmigration.us/consulate-employee-child-born-us-citizen-rule/
https://californiaimmigration.us/consulate-employee-child-born-us-citizen-rule/
Until this month 8 C.F.R. 101.3 said, by name, that children born here to consular officials and their staffs are U.S. citizens. DHS deleted that paragraph effective September 4, 2026. The new rule covers embassy and consulate staff who are nationals of that country.
I Work at a Consulate and My Baby Was Born Here. Is She a U.S. Citizen?
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 25, 2026 at 2:18 PM
Until this month 8 C.F.R. 101.3 said, by name, that children born here to consular officials and their staffs are U.S. citizens. DHS deleted that paragraph effective September 4, 2026. The new rule covers embassy and consulate staff who are nationals of that country.
El formulario de fianza que llenó su familia pide dónde va a vivir, no dónde recibe correo. El 18 de septiembre el Noveno Circuito decidió que una notificación enviada solo ahí, y devuelta sin entregar, violó el debido proceso. Presente usted mismo su EOIR-33.
¿Lo Deportaron en Ausencia por una Audiencia de la que Nunca Supo? El Noveno Circuito Acaba de Decidir
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 24, 2026 at 1:23 PM
El formulario de fianza que llenó su familia pide dónde va a vivir, no dónde recibe correo. El 18 de septiembre el Noveno Circuito decidió que una notificación enviada solo ahí, y devuelta sin entregar, violó el debido proceso. Presente usted mismo su EOIR-33.
Your Mexican engineer starts in 90 days. Wait for H-1B: earliest start Oct 2027, if she wins the lottery. File TN now: at work in weeks, visa good 4 years. Doing nothing is a decision.
The Mexican TN Visa: The Fastest Legal Work Visa Nobody Uses (And Why It Beats H-1B Right Now)
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 24, 2026 at 1:23 PM
Your Mexican engineer starts in 90 days. Wait for H-1B: earliest start Oct 2027, if she wins the lottery. File TN now: at work in weeks, visa good 4 years. Doing nothing is a decision.
Most common Mexican TN mistake: overstaying the I-94 because the visa is still valid. The 4-year visa is not the admission. Admission is 3 years per entry. Past 180 days = 3-year bar + INA 222(g).
The Mexican TN Visa: The Fastest Legal Work Visa Nobody Uses (And Why It Beats H-1B Right Now)
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 24, 2026 at 1:22 PM
Most common Mexican TN mistake: overstaying the I-94 because the visa is still valid. The 4-year visa is not the admission. Admission is 3 years per entry. Past 180 days = 3-year bar + INA 222(g).
¿Pasó el Miedo Creíble y Sigue Detenido sin Audiencia de Fianza?
¿Pasó el Miedo Creíble y Sigue Detenido sin Audiencia de Fianza?
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 24, 2026 at 1:20 PM
¿Pasó el Miedo Creíble y Sigue Detenido sin Audiencia de Fianza?
Passed Credible Fear and Still Detained Without a Bond Hearing?
Passed Credible Fear and Still Detained Without a Bond Hearing?
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 24, 2026 at 1:20 PM
Passed Credible Fear and Still Detained Without a Bond Hearing?
$103,265. DHS's proposed per-petition H-1B fee (Fed. Reg. 2026-17324, comments close Sept 24). TN is not H-1B. No cap. No LCA. No supplemental fee. If your Mexican hire fits Appendix 2, run TN. https://ift.tt/EM0hY8G
The Mexican TN Visa: The Fastest Legal Work Visa Nobody Uses (And Why It Beats H-1B Right Now)
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 23, 2026 at 2:19 PM
$103,265. DHS's proposed per-petition H-1B fee (Fed. Reg. 2026-17324, comments close Sept 24). TN is not H-1B. No cap. No LCA. No supplemental fee. If your Mexican hire fits Appendix 2, run TN. https://ift.tt/EM0hY8G
Mexican with a bachelor's in an Appendix 2 profession — engineer, systems analyst, accountant, architect, RN — does not need H-1B. TN under 8 C.F.R. § 214.6: no cap, no lottery, no LCA. Apply at a U.S. consulate in Mexico. https://ift.tt/EM0hY8G
The Mexican TN Visa: The Fastest Legal Work Visa Nobody Uses (And Why It Beats H-1B Right Now)
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 23, 2026 at 2:18 PM
Mexican with a bachelor's in an Appendix 2 profession — engineer, systems analyst, accountant, architect, RN — does not need H-1B. TN under 8 C.F.R. § 214.6: no cap, no lottery, no LCA. Apply at a U.S. consulate in Mexico. https://ift.tt/EM0hY8G
An engineering firm registers 6 H-1B candidates a year and lands 2. Under the proposed rule that is not $620,000 — it is $206,530, and it is due at petition, not registration. Still the difference between sponsoring and not. Composite illustration, not an actual client.
DHS Proposed a $103,265 Fee on Every H-1B Cap Petition. Here's What It Says.
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 22, 2026 at 2:06 PM
An engineering firm registers 6 H-1B candidates a year and lands 2. Under the proposed rule that is not $620,000 — it is $206,530, and it is due at petition, not registration. Still the difference between sponsoring and not. Composite illustration, not an actual client.
¿Lo Deportaron en Ausencia por una Audiencia de la que Nunca Supo? El Noveno Circuito Acaba de Decidir
¿Lo Deportaron en Ausencia por una Audiencia de la que Nunca Supo? El Noveno Circuito Acaba de Decidir
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 21, 2026 at 1:25 PM
¿Lo Deportaron en Ausencia por una Audiencia de la que Nunca Supo? El Noveno Circuito Acaba de Decidir
Ordered Deported for Missing a Hearing You Never Knew About? The Ninth Circuit Just Ruled
Ordered Deported for Missing a Hearing You Never Knew About? The Ninth Circuit Just Ruled
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 21, 2026 at 1:25 PM
Ordered Deported for Missing a Hearing You Never Knew About? The Ninth Circuit Just Ruled
Skip the comment period and the record gets built without you. DHS has to answer significant comments before issuing a final rule. The employer who puts concrete hiring consequences on that record by September 24 is writing the argument someone uses in court in 2027.
DHS Proposed a $103,265 Fee on Every H-1B Cap Petition. Here's What It Says.
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 21, 2026 at 1:19 PM
Skip the comment period and the record gets built without you. DHS has to answer significant comments before issuing a final rule. The employer who puts concrete hiring consequences on that record by September 24 is writing the argument someone uses in court in 2027.
The proposed $103,265 H-1B fee would not hit at registration. You register in March; the fee attaches only to the petition you file after you are selected. If your FY2028 budget multiplies it by every candidate you register, you have overstated it several times over.
DHS Proposed a $103,265 Fee on Every H-1B Cap Petition. Here's What It Says.
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 21, 2026 at 1:19 PM
The proposed $103,265 H-1B fee would not hit at registration. You register in March; the fee attaches only to the petition you file after you are selected. If your FY2028 budget multiplies it by every candidate you register, you have overstated it several times over.
Nothing is owed today. The $100,000 H-1B proclamation payment was vacated June 8, and on July 24 the First Circuit refused to stay that ruling. The new $103,265 fee is only a proposal. If anyone is collecting either one from you right now, stop and ask them why.
DHS Proposed a $103,265 Fee on Every H-1B Cap Petition. Here's What It Says.
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 18, 2026 at 2:13 PM
Nothing is owed today. The $100,000 H-1B proclamation payment was vacated June 8, and on July 24 the First Circuit refused to stay that ruling. The new $103,265 fee is only a proposal. If anyone is collecting either one from you right now, stop and ask them why.
A $950 fee you may not owe: under 8 U.S.C. 1812(g)(3), no OBBBA fee applies to a motion to reopen an in absentia removal order filed under INA 240(b)(5)(C)(ii). If you were ordered removed because you missed a hearing, don't let anyone tell you the $950 is required.
New EOIR Filing Fees Start October 1, 2026: What an Appeal, a Motion to Reopen, and Cancellation of Removal Now Cost
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 18, 2026 at 2:13 PM
A $950 fee you may not owe: under 8 U.S.C. 1812(g)(3), no OBBBA fee applies to a motion to reopen an in absentia removal order filed under INA 240(b)(5)(C)(ii). If you were ordered removed because you missed a hearing, don't let anyone tell you the $950 is required.
Estoy en la Lista de Espera de la Visa U. ¿Puedo Salir del País a Ver a Mi Familia?
Estoy en la Lista de Espera de la Visa U. ¿Puedo Salir del País a Ver a Mi Familia?
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 17, 2026 at 1:25 PM
Estoy en la Lista de Espera de la Visa U. ¿Puedo Salir del País a Ver a Mi Familia?
You mail your Notice of Appeal on day 26 with September's fee. It reaches the Board October 2. It comes back. By the time it's in your hands, day 30 has passed and the removal order is final. Thirty calendar days, 8 C.F.R. 1003.38(b). The clock doesn't pause for a rejection.
New EOIR Filing Fees Start October 1, 2026: What an Appeal, a Motion to Reopen, and Cancellation of Removal Now Cost
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 17, 2026 at 1:22 PM
You mail your Notice of Appeal on day 26 with September's fee. It reaches the Board October 2. It comes back. By the time it's in your hands, day 30 has passed and the removal order is final. Thirty calendar days, 8 C.F.R. 1003.38(b). The clock doesn't pause for a rejection.
If your asylum application is pending and you assumed the lawsuit stopped the annual fee: it didn't. The court stay was lifted February 2, 2026. USCIS and EOIR have been collecting since. That fee can't be waived. Check this week whether yours is due.
New EOIR Filing Fees Start October 1, 2026: What an Appeal, a Motion to Reopen, and Cancellation of Removal Now Cost
Brian D. Lerner is a Certified Specialist in Immigration and Nationality Law (State Bar of California Board of Legal Specialization), licensed in California, Texas, and Michigan, with over 30 years of practice. The firm handles deportation defense, asylum, family petitions, waivers, green cards, and naturalization for clients nationwide.
californiaimmigration.us
September 17, 2026 at 1:22 PM
If your asylum application is pending and you assumed the lawsuit stopped the annual fee: it didn't. The court stay was lifted February 2, 2026. USCIS and EOIR have been collecting since. That fee can't be waived. Check this week whether yours is due.