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Brian D. Lerner
Works at Law Offices of Brian D Lerner, APC
Attended University of Southern California, B.S. Business administration (1988); University of the Pacific, McGeorge School of Law, J.D.
Lives in 1930 Wilshire Blvd., Suite 306, Los Angeles, California 90057
703 followers|16,967 views
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Brian D. Lerner

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jtioleco@californiaimmigration.us
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Brian D. Lerner

Derecho de Extranjería  - 
 
La NTA y Deportacion

Estoy en Procedimientos de Deportación . ¿Y ahora qué ?

Pregunta: Se me ha servido con un Aviso de comparecencia y ha puesto en proceso de deportación. ¿Qué hago ?

Respuesta: Los Procedimientos de Remoción comienza con la emisión de una notificación de comparecencia y hay requisitos muy específicos que deben ser incluidos en el Aviso de Comparecencia . Si no están incluidos , usted puede tratar de pedir un procedimiento que haya terminado .

Pregunta: ¿Qué tipo de requisitos se supone que en el Aviso de comparecencia ?

Respuesta: Los siguientes elementos son necesarios : En un proceso de deportación en virtud del artículo 240, una notificación por escrito ( en esta sección se refiere como un " aviso de comparecencia " ) deberá rendirse en persona en el extranjero (o , si el servicio de personal no es posible, a través del servicio por correo al extranjero o al abogado del extranjero de registro , si los hay) . Por lo tanto , el primer elemento es que debe ser atendido adecuadamente en el extranjero con el fin de dar aviso de la audiencia.

Se debe especificar lo siguiente:
"(A ) La naturaleza de los procedimientos contra el extranjero .
" (B ) La autoridad legal bajo la cual se llevan a cabo las actuaciones.
"(C) Los actos o conductas presuntamente en violación de la ley.
" (D ) Los cargos contra el extranjero y las disposiciones legales que supuestamente han sido violados.
" ( E) El extranjero puede ser representado por un abogado y que el extranjero se proporcionará ( i ) un período de tiempo para asegurar el consejo
" ( F) ( i ) El requisito de que el extranjero debe proporcionar de inmediato (o haber proporcionado ) de la Procuraduría General con un registro escrito de una dirección y número de teléfono (si lo hay) en el que el extranjero puede ser contactado. El requisito de que el extranjero deberá facilitar a la Procuraduría General de inmediato con un registro por escrito de cualquier cambio de domicilio del extranjero o número de teléfono y el fracaso consequencesof para proporcionar la dirección y el teléfono de información .

A continuación, tiene que ser el momento y lugar en que se llevará a cabo el procedimiento y las consecuencias de la falta , salvo en circunstancias excepcionales, para aparecer en dichos procedimientos.

No deben enumerarse la hora y lugar de las actuaciones.

Pregunta: ¿Se nombró un abogado para mí?

Respuesta: No. Sin embargo, usted tiene el "derecho" a tener un abogado de inmigración de su elección . Por lo tanto , la primera audiencia general, se continuará con el fin de darle una oportunidad en la que obtener un abogado de inmigración para ayudarle.

Pregunta: ¿Debo admitir los crímenes enumerados en el Aviso de comparecencia ?

Respuesta: Nunca se debe admitir los crímenes. Es la carga del gobierno para demostrar que usted es extraíble mediante pruebas claras y convincentes y que la carga no se puede desplazar , ya que simplemente admitir el crimen.

Pregunta: ¿Qué pasa con los terrenos de inamovilidad ? Debo admitir que esos también ?

Respuesta: En primer lugar, usted debe asegurarse de que usted tiene un abogado de inmigración que esté familiarizado y experto en procesos de deportación y remoción . En cualquier caso, algunos artículos de inamovilidad que podrían no realista negar. Sin embargo, muchos se puede negar. Por ejemplo , si usted está siendo acusado como un criminal agravado , hay una posibilidad de que se puede luchar contra esto y demostrar que injustamente están siendo clasificados como un criminal agravado .

En cualquier caso , es muy importante a la contestación correcta a la notificación de comparecencia y combatir la emisión o el contenido de la notificación de comparecencia si no están debidamente atendidos o se colocan en el Aviso de Comparecencia .

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Brian D. Lerner

General Discussion  - 
 

I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated. 

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required:  In removal proceedings under section 240, written notice (in this section referred to as a 'notice to appear') shall be given in person to the foreign national  (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing. 

It must  specify the following:
"(A) The nature of the proceedings against the alien.
"(B) The legal authority under which the proceedings are conducted.
"(C) The acts or conduct alleged to be in violation of law.
"(D) The charges against the alien and the statutory provisions alleged to have been violated.
"(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel 
"(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings. 

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.
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Brian D. Lerner's profile photoJeffrey Lapin's profile photo
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+Brian D. Lerner You are welcome.
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Brian D. Lerner

Discussion  - 
 

I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated. 

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required:  In removal proceedings under section 240, written notice (in this section referred to as a 'notice to appear') shall be given in person to the foreign national  (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing. 

It must  specify the following:
"(A) The nature of the proceedings against the alien.
"(B) The legal authority under which the proceedings are conducted.
"(C) The acts or conduct alleged to be in violation of law.
"(D) The charges against the alien and the statutory provisions alleged to have been violated.
"(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel 
"(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings. 

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.
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Brian D. Lerner

Shared publicly  - 
 

I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated. 

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required:  In removal proceedings under section 240, written notice (in this section referred to as a 'notice to appear') shall be given in person to the foreign national  (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing. 

It must  specify the following:
"(A) The nature of the proceedings against the alien.
"(B) The legal authority under which the proceedings are conducted.
"(C) The acts or conduct alleged to be in violation of law.
"(D) The charges against the alien and the statutory provisions alleged to have been violated.
"(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel 
"(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings. 

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.
1
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Brian D. Lerner

Shared publicly  - 
 

I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated. 

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required:  In removal proceedings under section 240, written notice (in this section referred to as a 'notice to appear') shall be given in person to the foreign national  (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing. 

It must  specify the following:
"(A) The nature of the proceedings against the alien.
"(B) The legal authority under which the proceedings are conducted.
"(C) The acts or conduct alleged to be in violation of law.
"(D) The charges against the alien and the statutory provisions alleged to have been violated.
"(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel 
"(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings. 

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.
2
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Brian D. Lerner

Shared publicly  - 
 
First, you need to make sure the investor is from a Treaty Country. Thus, what country is the buyer  from?
 
I’m a business intermediary and I have a question regarding E2 Visa Requirements.

I have a buyer and a seller, the buyer needs the E2 Visa and is buying the sellers company.

The company is a service based business and for tax reasons the owner runs the employees through a Florida based leasing company(Business is in CA) Technically the  all the employees  of the business work for a different company (the leasing company)

Since they are considered “Leased” will this be acceptable for E2 Visa Requirements when they look closer at the business being bought?
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Thank you
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I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated. 

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required:  In removal proceedings under section 240, written notice (in this section referred to as a 'notice to appear') shall be given in person to the foreign national  (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing. 

It must  specify the following:
"(A) The nature of the proceedings against the alien.
"(B) The legal authority under which the proceedings are conducted.
"(C) The acts or conduct alleged to be in violation of law.
"(D) The charges against the alien and the statutory provisions alleged to have been violated.
"(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel 
"(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings. 

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.
1
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Brian D. Lerner

Immigration Law on Google Plus  - 
 

I’m in Deportation Proceedings. Now What?

Question: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do?

Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to ask for proceedings to be terminated. 

Question: What type of requirements are supposed to be in the Notice to Appear?

Answer: The following items are required:  In removal proceedings under section 240, written notice (in this section referred to as a 'notice to appear') shall be given in person to the foreign national  (or, if personal service is not practicable, through service by mail to the alien or to the alien's counsel of record, if any). Thus, the first item is that it must be properly served on the foreign national in order to give notice of the hearing. 

It must  specify the following:
"(A) The nature of the proceedings against the alien.
"(B) The legal authority under which the proceedings are conducted.
"(C) The acts or conduct alleged to be in violation of law.
"(D) The charges against the alien and the statutory provisions alleged to have been violated.
"(E) The alien may be represented by counsel and the alien will be provided (i) a period of time to secure counsel 
"(F)(i) The requirement that the alien must immediately provide (or have provided) the Attorney General with a written record of an address and telephone number (if any) at which the alien may be contacted. The requirement that the alien must provide the Attorney General immediately with a written record of any change of the alien's address or telephone number and the consequencesof failure to provide address and telephone information.

Next, there must be the time and place at which the proceedings will be held and the consequences of the failure, except under exceptional circumstances, to appear at such proceedings.

There must be listed the time and place of the proceedings. 

Question: Will an attorney be appointed for me?

Answer: No. However, you do have the ‘right’ to have an immigration attorney of your choosing. Therefore, the first hearing will usually be continued in order to give you an opportunity in which to obtain an immigration attorney to help you.

Question: Should I admit the crimes listed on the Notice to Appear?

Answer: You should never admit the crimes. It is the burden of the government to prove that you are removable by clear and convincing evidence and that burden cannot be shifted because you simply admit to the crime.

Question: What about the grounds of removability? Should I admit to those as well?

Answer: First, you should make certain that you have an immigration attorney who is familiar and an expert in deportation and removal proceedings. In any event, some items of removability you could not realistically deny. However, many you can deny. For example, if you are being charged as an aggravated felon, there is a possibility that you can fight this and show you are wrongfully being classified as an aggravated felon.

In any event, it is very important to plea properly to the Notice to Appear and to fight the issuance or contents of the Notice to Appear if they are not properly served or placed in the Notice to Appear.
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Brian D. Lerner's profile photoPreston Clark's profile photo
2 comments
 
+Preston Clark I think it is a great idea for those who cannot afford their own attorneys. I would be interested to see what training the public defenders would get in immigration law.
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Brian D. Lerner

Immigration Law on Google Plus  - 
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Jack Martin NJ Expungements's profile photo
 
I think it is very hard to get into court on a second habeas!  You will probably be barred if you could have raised the isue in the prior habeas. 
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Work
Occupation
Attorney at Law practicing Immigration and Nationality Law. Los Angeles Immigration Attorney and Deportation Lawyer
Skills
Preparing Visa Applications, Public Speaking, Debating, Arguing at Circuit Courts of Appeal
Employment
  • Law Offices of Brian D Lerner, APC
    Attorney at Law, 1996 - present
    Office became a professional corporation. Continued to work in all areas of immigration law. Admitted over a period of several years to Circuits Courts of Appeal of the 1st through 11th Circuits. Also admitted to the U.S. Supreme Court. Prepared Writs of Certiorari. Supervised associate attorneys.
Places
Map of the places this user has livedMap of the places this user has livedMap of the places this user has lived
Currently
1930 Wilshire Blvd., Suite 306, Los Angeles, California 90057
Previously
Los Angeles, California - Los Angeles
Contact Information
Work
Phone
562-495-0554, 323-454-7591
Email
Address
1930 Wilshire Blvd., Suite 306, Los Angeles, California 90057
Story
Tagline
Brian D. Lerner is a Los Angeles Immigration Attorney and Deportation Lawyer who helps anybody with Immigration problems.
Introduction

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.

 Get a consultation

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.

Visit our website
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.


E-mail me for a consultation.

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.

Specialties

Immigration Attorney, Certified Specialist in Immigration and Nationality Law

Bragging rights
Been practicing Law for over 20 years; Certified Specialist in Immigration and Nationality Law; Law Firm in Long Beach, Los Angeles and Makati Philippines
Education
  • University of Southern California, B.S. Business administration (1988); University of the Pacific, McGeorge School of Law, J.D.
    Business with Emphasis on Computer Information Systems, 1985 - 1987
    B.S. in Business
  • McGeorge School of Law
    Law, 1988 - 1991
    J.D.
Basic Information
Gender
Male
Other names
Lerner, Brian Lerner, Brian D Lerner
Brian D. Lerner's +1's are the things they like, agree with, or want to recommend.
Brian Lerner Immigration Attorney
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To help people from around the world immigrate to the United States and to come to stay in the...

This complaint is made because of the following: 1) The salesperson (who confirmed with his boss on the telephone in front of us) entered into the agreement to remodel the kitchen. 2) He and the other salesperson spent 4 hours at our house. After the contracts were signed and the down payment was made, we were told the next day at 6:30 they would come to do a remeasure. 3) The next day, nobody came. We called and left a message. The contractor called us and said it would cost more money (nothwithstanding the fact that we had a signed contract upon which 4 hours of our time was spent and which the salesperson called several times to his 'boss' to confirm.) No reason was given, but after we would not agree to pay more money (without any explanation whatsoever), they 'cancelled' the contract. We put a stop payment on our check. This complaint is to give notice to the CSLB of the business practices of this company. I am an attorney. One cannot simply enter into a contract and then attempt to get more money the following day. It seems fraudulent. On the contract itself the night before, I saw the box checked that they were going to 'reface' the cabinets when we specifically discussed new cabinets. I crossed that out and he immediately agreed and said no problem. At that point, things seemed to be somewhat fraudulent.
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