Author: Discrimination Attorney Alena Shautsova New York State and City laws, as well as Federal ADEA (“Age Discrimination Employment Act”) protect workers from age discrimination: it is illegal to subject employees to harassment, disparate treatment and retaliation. Different laws provide different frames of protections, with the New York Ci ...
Full discrimination article »Author: US Immigration Lawyer Alena Shautsova Immigration 800 Number: 1-800-898-7180 Immigration 800 number is an automotive system that provides updates on alien’s case processing dates such as next hearing date; status of the case; immigration clock… To use it, the person must know the A number of the subject of the call. There is no name ...
Full immigration article »Author: US Visa Attorney Alena Shautsova Every year, thousands of U.S. citizens get married to foreigners and if they thought that the marriage and wedding is the most tiring part, they were bitterly mistaken. After the wedding, the happy couples have to “deal” with the maze of the U.S. immigration laws. Some brave hearts attempt to do it on t ...
Full visas article »Author: Sexual Harassment Attorney Alena Shautsova Anthropology is the science that studies mankind in terms of physical and cultural development including biological characteristics, social customs and beliefs. As in many other scientific areas, scientists engage in fieldwork in remote and uncivilized locations. According to an article in A ...
Full discrimination article »Author: US Green Card Lawyer Alena Shautsova May is the time of the year when applicants for the Diversity Lottery learn if they were selected for further processing. Typically, the number of those selected is much higher than the number of available immigrant visas. Why? Because many applicants will be disqualified based on misrepresentation in t ...
Full green card article »Author: Deportation Lawyer Alena Shautsova We are all familiar with the constitutional right to legal counsel for those individuals who cannot afford a lawyer in criminal cases. However, in immigration cases, such as deportation, immigrants do not have the same right to legal counsel. They must represent themselves if they cannot afford an attorne ...
Full deportation article »Author: Deportation Lawyer Alena Shautsova ICE detention is usually occurs when a non-citizen is suspected to be removable from the US. Often, ICE (Immigration Custom Enforcement) places a hold on individual who is in State detention facilities, but an undocumented person can be also apprehended at the airport, or a bus station. An immigration de ...
Full deportation article »Author: US Immigration Lawyer Alena Shautsova Finally, after long debates and preparations, the immigration reform Bill has been introduced for discussions and its draft has been made available for public review. Why do we say "a draft"? Because until it is actually adopted as the law the draft is only a proposal. It means that some of the propose ...
Full immigration article »Author: Deportation Lawyer Alena Shautsova Immigrants who commit an aggravated felony are subject to deportation under the Immigration and Nationality Act (INA) whether they have legal status and are productive or are illegally present in the United States. The L.A. Times recently reported that the U.S. Supreme Court ruled seven to two in the ...
Full deportation article »Author: US Immigration Lawyer Alena Shautsova The injury and death toll of the Boston marathon bombing reached 264 injured persons and three deaths. While the nation shifted its attention to this tragic event, the fact that the men accused of the bombing were two legal immigrants from Chechnya raised questions about national security and pro ...
Full immigration article »Author: US Immigration Attorney Alena Shautsova In 2006, Colorado passed a law requiring that law enforcement officials report people who were suspected of immigration law violations to federal authorities. At the beginning of April, 2013, the Colorado legislature repealed this immigration law provision. According to a Fox News article, test ...
Full provisional waivers article »Author: US Immigration Attorney Alena Shautsova The Indiana immigration bill allowed authorities to arrest non-citizens without the use of warrants and prevented immigrants from using consular ID cards as a means of identification. However, according to a Reuter's article, the American Civil Liberties Union (ACLU) brought a class-action lawsu ...
Full immigration article »Author: US Visa Attorney Alena Shautsova An H-1 B Visa is a non-immigrant visa that permits employers to hire foreign workers with specialty occupation skills on a temporary basis. When the sponsoring employer dismisses the worker or the worker quits, workers must apply for a status change to remain legally in the United States. Status change ofte ...
Full visas article »Author: US Immigration Attorney Alena Shautsova As The Immigration Bill Nears Its Final Draft, Two Top Issues Emerge: Citizenship Contingent On Tightened Border Security Senators comprising the gang of eight are expected to release the final draft for the long awaited immigration bill this week. However, it appears that the thorny issue in gettin ...
Full immigration article »Author: New York Immigration Attorney Alena Shautsova Any application or petition for Immigration benefits starts with submission of immigration forms. All immigration forms can be located at www.uscis.gov website, and they are free. Immigration forms are usually posted in the PDF fillable format, but some of the forms are easier to be filled out ...
Full immigration article »Author: Sexual Harassment Attorney Alena Shautsova When sexual harassment occurs and involves individuals in notable government positions, it generally creates quite a scandal and can become high profile in the news. Such is the case with Assemblyman Vito Lopez who was accused of sexual harassment by two female staff members. Both claimed that he ...
Full discrimination article »Author: Asylum Attorney Alena Shautsova One of the ways to obtain U.S. permanent resident status known as US green card and citizenship is through asylum status. Asylum status can be afforded to an applicant who is unwilling or unable to return to his/her home country due to the fear of persecution or because he/she has been persecuted there befo ...
Full asylum article »Author: Deportation Lawyer Alena Shautsova When facing deportation, it helps to know what the legal process involves and also to have a competent immigration lawyer to help defend your rights. Despite the fact that deportation is a civil or administrative procedure it bears similarities to the criminal justice process for arrest and booking. When ...
Full deportation article »Author: Green Card Lawyer Alena Shautsova Often, US Citizens would like to get married to a person from overseas, and then they face a question of how to bring the non-U.S. citizen to the United States. Generally speaking, it can be accomplished via these options: Fiance K-1 Visa This visa is suitable for those couples that are not sure if they ...
Full green card article »Author: Visa Attorney Alena Shautsova USCIS published new rules regarding I-94 departure/arrival form. This form is primary evidence of one’s inspection and admission into the country. If the person has lost it and is unable to restore it, the person loses ability to prove that when entering the country he/she went through the point of entry an ...
Full visas article »Author: Immigration Attorney Alena Shautsova The eight Senators, called the Gang of Eight, who are in charge of writing a bi-partisan bill for immigration reform reached an agreement about the most contested aspect of the bill. After weeks of deliberating over a draft, the senators came to a private agreement behind closed doors about a proposal f ...
Full immigration article »Author: Deportation Attorney Alena Shautsova The U.S. Department of Homeland Security (DOH) has stated that state officials in individual states can make their own determinations about issuing immigrants driver's licenses. Traditionally, states have had authority over making their own laws and regulations regarding driver's licenses. The Deferred ...
Full deportation article »Author: Discrimination Lawyer Alena Shautsova The Violence Against Women Act (VAWA) initially passed by Congress in 1994, was re-authorized in 2000 and 2005. However, reauthorization expired in 2011. In February 2013 Congress reauthorized and passed a revised VAWA. Under the revised VAWA, provisions also extend to women on Indian reservations and ...
Full discrimination article »Author: Immigration Lawyer Alena Shautsova While Congress is polarized on many issues regarding immigration, one point they agree on is that E-Verify is crucial for immigration reform. The "gang of eight," which refers to the eight bipartisan senators planning immigration reform, included use of E-verify in their proposal as did the President in t ...
Full immigration article »Author: Family Immigration Lawyer Alena Shautsova Law Office of Alena Shautsova, a New York Immigration law firm located in Brooklyn, is assisting immigrants with family immigration and immigration reform. While millions of people are awaiting for Immigration reform, the Senators prepare for the Easter break, and indicated (according to the Washi ...
Full immigration article »Author: Deportation Lawyer Alena Shautsova Demand for Information Disclosure about Detainees Released under ICE's Sequestration Budget Cut As difficult as it has been for Congress to agree on many immigration issues, you can expect further controversy over ICE's release of immigration detainees based on the forced federal budget cut called seques ...
Full deportation article »Author: Immigration Attorney Alena Shautsova As the need for immigration law reform led many states to legislate their own immigration laws, various cases have been appealed before the U.S. Supreme Court and other District Courts for ruling. The State of Alabama passed a stringent immigration law known as HB56 that required schools to collect inf ...
Full immigration article »Author: Discrimination Attorney Alena Shautsova Be Ready to Turn Over Social Media and Email Account Information in a Sexual Harassment Case Judges routinely ask to review documents as part of discovery in a sexual harassment class action lawsuit. However, an interesting privacy issue emerged in one particular case where plaintiffs were seeking s ...
Full discrimination article »Author: Deportation Attorney Alena Shautsova When you face criminal charges, authorities must inform you that you have the right to remain silent and that anything you say can be held against you in a court of law. They must tell you about your right to a lawyer and that if you cannot afford an attorney, the court will appoint counsel. However, wh ...
Full deportation article »Author: Green Card Attorney Alena Shautsova After the US citizens marries a non-citizen they need to file certain application forms and supporting documents so that the non-citizen can adjust status to become a permanent resident or a green card holder. It is important to know that if a non-citizen entered the country illegally she/he will need a ...
Full green card article »Author: Immigration Attorney Alena Shautsova The Immigration reform is inevitable, and many should consider preparing for it and/or taking advantage of the recent changes that were adopted by the USCIS. How to prepare for the new immigration reform? Even though President Obama has outlined the main points for the immigration reform, currently, t ...
Full immigration article »Author: Deportation Lawyer Alena Shautsova Deportation has separated children from their families even when the children are U.S. citizens. In July of 2012, U.S. Representative Lucille Roybal-Allard introduced an immigration bill called The Help Separated Families Act, H.R. 6128 to deal with this problem. The number of U.S. citizen children placed ...
Full deportation article »Author: Immigration Attorney Alena Shautsova Toward the end of 2012, the New York Daily News reported that the U.S. Court of Appeals for the Second Circuit ruled on a case that could lead to a major change in immigration law. The court ruled that the Defense in Marriage Act (DOMA) is unconstitutional. In December, the U.S. Supreme Court agreed to ...
Full immigration article »Author: Deportation Attorney Alena Shautsova Judge Allows Case to Go Forward for ICE Agents Suing the Department of Homeland Security In August, 2012, Fox News reported that 10 federal ICE (Immigration and Customs Enforcement) agents and officials sued the Department of Homeland Security (DHS) Secretary, Janet Napolitano and ICE Director John Mor ...
Full deportation article »Author: Immigration Attorney Alena Shautsova A bi-partisan group of Senators consisting of four Democrats and four Republicans recently released a plan for comprehensive immigration reform to be used as a springboard for legislation that fills in the details. The group consisted of the following: Chuck Schumer (D-NY), Dick Durbin (D-IL), Michael B ...
Full immigration article »Author: Immigration Attorney Alena Shautsova DACA is an acronym frequently popping up in the news and it refers to the federal program called Deferred Action for Childhood Arrivals. The program allows individuals who came to the United States as children and who meet certain qualifications to request deferred action against removal for two years. ...
Full immigration article »Author: Law Office of Alena Shautsova Unfortunately, immigrants looking for an easy solution to immigration problems may fall prey to notario fraud. The American Bar Association explains that notario fraud involves individuals who fraudulently represent themselves as attorneys and say they can handle your immigration issues before the United State ...
Full immigration article »Author: Immigration Attorney Alena Shautsova Immigration attorneys and immigrants are interacting with the USCIS on a regular basis, whether they want to or not. Here are some practical tips that may be useful to those who receive and send forms to the USCIS and follow up on them. G-28 Form has to contain original signatures of attorney and th ...
Full immigration article »Author: Immigration Attorney Alena Shautsova On March 4, 2013 new immigration rules regarding the provisional waiver (I-601A) will come into effect (see more here). It is important to understand who may benefit from the new process of considering waivers of unlawful presence. First, the basic eligibility criteria for applying for the provisional ...
Full provisional waivers article »Author: Immigration Lawyer Alena Shautsova Similar to Arizona and Alabama, Georgia passed an immigration law that allowed law enforcement authorities to check the immigration status of criminal suspects. However, a court injunction stopped the police from initially implementing the status check. The Jurist reports that the US District Court for th ...
Full immigration article »Author: US asylum Lawyer Alena Shautsova Gang violence as a source of persecution is a legal area that may soon come under further judicial scrutiny. The Wall Street Journal (WSJ) published an article about a case involving an undocumented minor named Josue Rafael Orellana Garcia, who fled from Honduras when he was 17 and illegally entered the Un ...
Full asylum article »Author: US Citizenship Lawyer Alena Shautsova Marriage petitions are often a faster route to citizenship, especially when compared with other paths immigrants can take. Unlike immigration options where quotas restrict aliens from obtaining visas and green cards, the United States has no limit on marriage petitions. Unfortunately, abuse of this le ...
Full us citizenship article »Author: Law Office of Alena Shautsova Sometimes women are reluctant to bring a sexual harassment case against an employer for fear of the repercussions. Losing their jobs is generally a major consideration, especially in today’s tight job market. Such was the case of a woman who worked as the housekeeper and personal assistant of the Chairman o ...
Full criminal law article »Author: New York Immigration Attorney Secure Communities is an ICE (U.S. Immigration and Customs Enforcement) program that uses the already established connection between ICE and the FBI (Federal Bureau of Investigation) to identify illegal immigrants involved in criminal activity. The Secure Communities program allows ICE to function without impo ...
Full immigration article »Author: New York Deportation Attorney Many times a person ends up in the Immigration Court because of State or Federal charges submitted against him/her or because of the State or Federal conviction. It happens because nowadays every jail and court has an ICE representative in it, and this person quickly scans and analyzes the records of every de ...
Full deportation article »Author: Law Office of Alena Shautsova The 287(g) program derives its name from 287(g) of the Immigration and Nationality Act. The 287(g) program is a part of the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program, which is an overall program that provides local law enforcement officers assistance through I ...
Full immigration article »Author: Law Office of Alena Shautsova According to various news outlets about immigration reform, including the Portland Press, once the fiscal cliff is behind us, President Obama promises to focus on extensive immigration reform. Border security and a path to citizenship are several major goals he intends to address through legislation. The new b ...
Full immigration article »Author: US Asylum Lawyer Alena Shautsova Asylum seekers claim in the US has a burden of proof to demonstrate that she/he was subjected to persecution and/or she/he possess a reasonable fear of future persecution. What amounts to a persecution? It must be noted that in some cases, a lay person would determine that defiantly an applicant deserves as ...
Full asylum article »Author: US Immigration Lawyer Alena Shautsova USCIS reconsider its policy on detainer issuance and on December 21, 2012 issued a new Memo confirming that only serious misdemeanors and felony charges and/or convictions will trigger issuance of immigration detainers. It is a well-known fact that when a person who is not a US citizen is charged with ...
Full immigration article »Author: US Asylum Lawyer Alena Shautsova United States asylum seekers may qualify for asylum on five grounds: race, nationality, religion, political opinion, and membership in a particular social group. Refugees or asylum seekers are aliens who are unable or unwilling to return to their native country “because of persecution or a well founded fe ...
Full asylum article »Author: US Green Card Lawyer Alena Shautsova A non- US citizen who has a criminal conviction in the United States may still be eligible to adjust status to one of a permanent resident. Every criminal conviction must be analyzed separately and together with the any other criminal convictions that an alien has. When applying for an adjustment of st ...
Full green card article »Author: US Green Card Lawyer Alena Shautsova The Immigration authorities continue to fight marriage fraud. Recently they announced new criminal convictions based on the charge of marriage fraud for immigration purposes. The accused were provided with a jury trial, and juries found three of the accused guilty. read more here » Judging by the las ...
Full green card article »Author: US Deportation Lawyer Alena Shautsova I receive frequent inquiries from non US citizens (people who are in the US on F1 or B1 visa; or those with a green card but no citizenship) who ask me the same question: if they were charged with a shoplifting charge, do they have to prove their innocent to avoid deportation? First, a person accused ...
Full deportation article »Author: US Asylum Lawyer Alena Shautsova Very often, the laws of the foreign countries do not protect women- victims of domestic violence. If the acts of violence and abuse happened in the US, the protections afforded are quite strong and vary from Orders of Protection to possibility of receiving VAWA based green card, or a U visa. However, may a ...
Full asylum article »Author: Employment discrimination attorney Alena Shautsova Sexual harassment at work is prohibited. Very often, however, female employees are afraid to go forward with the claims and complaints against their employer because they are afraid to lose their jobs, afraid that the employer will make a “bad name” for them and they will have hard t ...
Full discrimination article »Author: New York Deportation Attorney Alena Shautsova You probably have heard that if a person entered the country illegally, “nothing can help him” to obtain legal status in the United States even if she/he marries a US citizen. Well, it is not quite true. It is very difficult for such a person to obtain a status, to wit: most of the time t ...
Full deportation article »Author: New York Attorney Alena Shautsova israel.usembassy.gov/sm11152012.html The US Embassy in Tel Aviv operated in an emergency mode on November 16, 2012. The same warning was issued for November 19, 2012. The Embassy temporarily relocated its personnel to a safer area, and it hopes that its advance security measures will be sufficient to av ...
Full us citizenship article »Author: New York Discrimination Attorney Alena Shautsova Many home attendants and home health aids in New York are not aware that under the New York State law they are protected against sexual harassment and discrimination. Unfortunately, the Federal Law, Title VII does not provide such protection because it requires an employer to employ 15 and m ...
Full discrimination article »Author: New York Immigration Attorney Alena Shautsova Many of perspective clients who come to my office for a consultation ask me: does having a lawyer really help my case? Will the Immigration think that I did something bad and need a lawyer because of it? Can I file myself? While you can certainly try to file / apply for benefits yourself, here ...
Full immigration article »Author: US deportation lawyer Alena Shautsova Cancellation of removal is one of the forms of relief (defense) from removal (deportation). There can be different types of cancellation of removal: for permanent residents, for VAWA beneficiaries, and for certain aliens covered by special laws, and for non- permanent residents. In this publication, ...
Full deportation article »Author: US Asylum lawyer Alena Shautsova Filing for asylum might be confusing for many applicants. This article cannot substitute attorney’s in person advice. WHEN CAN I FILE FOR AN ASYLUM? A person may file for asylum after he/she entered the United States and is still in the lawful status; when the status expired; when the person is an EWI ( ...
Full asylum article »Author: New York Immigration Lawyer Alena Shautsova The USCIS issued the following notice regarding canceled appointments and other Sandy’s affects: USCIS extends sincerest sympathies to all who were impacted by Hurricane Sandy. We will make every effort to assist USCIS customers who may have been affected, and as a result, have difficulties ...
Full immigration article »Author: New York Immigration Lawyer Alena Shautsova On October 23, 2012, the Board Of Immigration Appeals (the "BIA") issued a decision that may help many immigrants with criminal convictions. The board held that if multiple convictions were based on a single incident, the "e;single offence"e; rule under INA deportation provisions of section 237 ...
Full immigration article »Author: New York Immigration Lawyer Alena Shautsova As many of you may have heard, the USCIS office announced its reform for filing and processing of I-601 provisional waivers for immediate relatives of the United States citizens. Read more here However, to this date, the Provisional Waiver is NOT IN EFFECT. The purported reform would allow quali ...
Full provisional waivers article »Author: New York Immigration Lawyer Alena Shautsova As many young people continue to submit their forms for DACA relief, the expected number of the applications has not been reached. See the graph here. Amongst many reasons, are: The fear that If Obama is not reelected, Romney will close the program and deport the applicants who disclosed thei ...
Full immigration article »Author: US green card lawyer Alena Shautsova Recently I have received many requests for assistances from my clients, permanent resident (LPR) who left the country and lost their green cards abroad. They asked me if there is a way for them to come back to the United States without applying for a green card. Yes, there is a way. A lawful permanent ...
Full green card article »Author: US Asylum lawyer Alena Shautsova ASYLUM PROCEDURE After an applicant has prepared his /her application form I-589; his/her affidavit (declaration) (See PART II); and supporting documents along with an English translation of such, an applicant need to properly assemble the package and file it. When submitting an Asylum application with th ...
Full asylum article »Author: Asylum lawyer Alena Shautsova Asylum Declaration or Affidavit The most important document in Asylum package application after the form I-589 is applicant’s declaration or an affidavit. It is a sworn statement made by an asylum applicant telling his/her story. What should an asylum declaration include? Ideally, it should include everyth ...
Full asylum article »Author: Deportation lawyer Alena Shautsova A person after removal proceedings may file a motion to reopen or reconsider with the Immigration Court or the Board of Immigration Appeals (the BIA) to receive a permission to restart the case. The procedure is defined by the Immigration and Nationality Act, Immigration Court Practice Manual and ICE Memo ...
Full deportation article »Author: Asylum lawyer Alena Shautsova Asylum Procedure Asylum process starts before a person’s submits his/or her application. First, one needs to collect or try to collect the supporting documents. Those are the documents that an applicant can use to demonstrate the truth of his/her statements. It can be medical records, police records, artic ...
Full asylum article »Author: Immigration lawyer Alena Shautsova An Immigration hold is usually filed with the State or Federal prison when a detainee is a non- US citizen who is likely to be removed based on prior violations of Immigration laws, or as a result of a criminal conviction for which the person is in custody Nowadays, an Immigration hold is “put” on an ...
Full immigration article »Author: Deportation lawyer Alena Shautsova Recent news from San Diego, CA regarding ICE raids against the students working as gypsy cab drivers proves that ICE takes seriously violations of INA and particular prohibition on work without authorizations. The ICE officials searched the apartment building and approximately 40 students who were engage ...
Full deportation article »Author: Alena Shautsova Advance Parole is a permission to return to the United States after trip abroad. Advance Parole is issued to a person who cannot obtain a visa or otherwise doesn't qualify to be admitted to the country. Advance Parole is typically applied for by persons with TPS status, pending applications for adjustment of status, and no ...
Full immigration article »Author: US green card lawyer Alena Shautsova Child Protection Status Act and Priority Date: 9th Circuit Rejects BIA Decision in Matter of Wang. For many, obtaining a green card in the US is a happy event, but for many, it means that they will be separated with their children for quite some time. The following scenario is a common one: a parent o ...
Full green card article »Author: US deportation lawyer Alena Shautsova It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offeri ...
Full deportation article »Author: US immigration lawyer Alena Shautsova The USCIS just published its answers to the most important questions that many DACA applicants have been struggling with from the beginning of the program. The answers clarify the following questions: New - Q2: May I travel outside of the United States before USCIS has determined whether to defer ...
Full immigration article »Author: NY lawyer Alena Shautsova As life shows, a person can become victim of sexual harassment at any place: big or large firm, private or public sector. Recent news on the subject just prove the point read the story here. Frequently, victims do not go forward against their employers being afraid of scandals, future retaliation and gossips. Kno ...
Full discrimination article »Author: US visa lawyer Alena Shautsova Recently, the US and Russia came to an agreement that they both will simplify the application process for tourist and business visas to these countries. The agreement will enter into effect on September 9, 2012. Please see moscow.usembassy.gov/russian-visas.html. Russian citizens may visit ustraveldocs.com/ru ...
Full visas article »Author: Immigration attorney Alena Shautsova While the USCIS accepting applications from hundreds of undocumented young people, many still will not qualify as they cannot produce proof of school attendance or being currently in school. This is particularly true for migrant workers, those who come to work seasonally. In addition, this category of ...
Full immigration article »Author: Discrimination lawyer Alena Shautsova As economic conditions change, sometimes job markets favor employees and sometimes they favor employers. The supply/demand ratio in the current market shows a greater supply than demand for employees, and unemployment rates are higher than the nation has seen for decades. Such conditions make it an emp ...
Full discrimination article »Author: Immigration lawyer Alena Shautsova With an announcement of the new Obama supported Immigration policy for young undocumented immigrants, millions received hope to stay and work in the country legally. The deferred action application process calls for submission of certain forms published on the USCIS website, as well as supporting documen ...
Full immigration article »Author: Law Office of Alena Shautsova Work-authorized non-citizens brought a lawsuit against Rose Acre Farms through the Department of Justice (DOJ) that alleged discriminatory employment practices. The Immigration and Nationality Act (INA), as explained by the DOJ, does not allow employers to require additional or other than specified documentat ...
Full discrimination article »Author: Law Office of Alena Shautsova As the USCIS published instructions to the new deferred action program for young people (Form I-821D), many applicants should be aware of possible pitfalls. First, the instructions specify that the deferred action will be available for those applicants who do not have a record of felony or serious misdemeanor ...
Full immigration article »Author: Law Office of Alena Shautsova The California Senate passed AB1081, called the TRUST Act. This bill seeks to prevent law enforcement officials from referring undocumented immigrants to Immigration Customs Enforcement (ICE) unless the courts convict the individual of a violent crime or felony. The nickname for this bill is the "anti-Arizona ...
Full immigration article »Author: Law Office of Alena Shautsova While the U.S. Supreme Court rendered its decision in the Arizona Immigration Law case, more lawsuits still challenge the validity of the provision that the Supreme Court upheld. CNN reported that a coalition of civil rights organizations filed a federal court motion to block the provision that requires offic ...
Full immigration article »Author: Lawyer Alena Shautsova Recently, a same sex couple in California filed a lawsuit in federal court to challenge the deportation of same sex couples. The Defense in Marriage Act (DOMA) is a federal law passed in 1996 that only recognizes marriages of opposite sex couples. This particular case is brought by Jane DeLeon ...
Full deportation article »Author: Immigration lawyer Alena Shautsova U.S. Supreme Court Accepted One Section and Rejected Three Sections of AZ Immigration Law. The Supreme Court rendered its decision on the highly controversial Arizona immigration law that proposed extensive regulation of undocumented immigrants. The justices upheld one section of the Arizona law and reje ...
Full immigration article »Author: NY Law Firm of Alena Shautsova Deciding certain cases may require the court to determine the weight of immigration law versus employment law. This is what happened in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), a case that went all the way to the Supreme Court for final decision. The case involved a ...
Full immigration article »Author: discrimination lawyer Alena Shautsova Bullying has been a hot button in the news for some time, often providing detailed descriptions of the devastation that school children experience when they are victims of bullying. A particular bullying incident involving a Massachusetts high school student, Phoebe Prince, led to national media headli ...
Full discrimination article »Author: Law firm of Alena Shautsova The Obama Administration recently made a bold move by taking allowing thousands of young undocumented immigrants to remain in the United States. The implemented policy change takes away fear of deportation or procuring a driver's license and allows immigrants to work legally in the country ...
Full us citizenship article »Author: discrimination lawyer Alena Shautsova As long as actions are not discrimination based, employers can fire, demote, discipline, or take any other legitimate employment action against employees who are on a Family Medical Leave Act (FMLA) authorized leave. However, an employer cannot terminate you because you took an authorized FMLA leave. ...
Full discrimination article »Author: Alena Shautsova Marriage is a union of a man and a woman according to the Defense of Marriage Act (DOMA), a federal law. However, the First U.S. Circuit Court of Appeals in Boston has just ruled that DOMA is unconstitutional. States have been divided on gay marriages for some time now with some states passing laws that allow gay marriage ...
Full discrimination article »Author: discrimination attorney Alena Shautsova Many women are in the workforce today, and despite holding jobs, many also plan on having families. Is it fair for an employer to deny women the same rights as other employees when they become pregnant? The answer is "no." Various laws that protect women's rights in New York include: The Pregnan ...
Full discrimination article »Author: Immigration lawyer Alena Shautsova Mid May, U.S. Immigration and Customs Enforcement (ICE) reorganized its efforts to beef up ICE fugitive search teams all over the country. The focus is on locating and deporting undocumented immigrants with criminal records. According to an article in the L.A. Times the number of agents tasked to these te ...
Full deportation article »Author: Law Office of Alena Shautsova California must deal with an immigration issue that other states may soon face as well. An undocumented immigrant, who came to the United States with his parents when he was 17 is now 35 and has obtained a law degree in California. His name is Sergio C. Garcia. The State Bar of California certified Garcia base ...
Full immigration article »Author: Immigration attorney Alena Shautsova The purpose of any national law is to lay ground rules that safeguard its people and promote the country's growth and well-being. Current U.S. immigration laws have not kept up with the times. While proposed solutions for reform differ, politicians from both camps, the left and right, agree on the need ...
Full immigration article »Author: Law firm of Alena Shautsova The Equal Pay Act of 1963 was signed into law by President John F. Kennedy to create a work environment where women could earn the same pay as men for performing equivalent jobs. Despite the passage of this law, a large gender gap still exists between the pay that women and men receive in the United States. Acco ...
Full discrimination article »Author: Alena Shautsova Freedom from discrimination based on race, color, nationality, religion, sex, age, or disability is an integral part of our civil rights laws. Most businesses are aware that such discrimination is illegal. However, the Equal Employment Opportunity Commission (EEOC) recently updated a policy that affects how employers use cr ...
Full discrimination article »Author: NY immigration lawyer of Alena Shautsova Undocumented immigrants can find themselves in a variety of situations where they may need to hire an immigration lawyer. Findlaw reported about a very interesting case with a different twist that involved an undocumented immigrant from Guatemala who bought a lottery ticket and won the jackpot. Nat ...
Full immigration article »Author: Law Office of Alena ShautsovaBecause immigration law is under federal jurisdiction, whether an appeal is heard by a U.S. Court of Appeals in New York or a U.S. Court of Appeals in Texas, it is still a federal ruling that can set a precedent for immigration law. Within the past few years, states and even municipalities have attempted their ...
Full immigration article »Author: immigration law firm of Alena Shautsova While the U.S. Supreme Court's review of Arizona's immigration law is underway, reports are coming in from numerous media outlets about the Supreme Court justices' questioning and oral arguments of both sides of the case. Both sides took the floor with Obama administration Solicitor General Donald Ve ...
Full immigration article »Author: Law Office of Alena Shautsova The Obama Administration has been in a tough spot regarding immigration, with advocates on both sides of immigration reform clamoring for their demands. States that feel the Administration has failed to enforce existing immigration laws have passed their own more stringent laws. Other states that favor immigr ...
Full immigration article »Author: NY discrimination lawyer Alena Shautsova New York Universities are known for their liberal outlooks and welcoming attitudes toward diversity. The New York metropolitan area is one of the most international populations in the country, consisting of people from diverse ethnic backgrounds, races, and religions. For this reason, one would not ...
Full discrimination article »Author: immigration lawyer Alena Shautsova One of the more recent stands that the Obama Administration has taken regarding controversial state-passed immigration laws is its legal challenge against Alabama's new immigration laws. In 2011, Alabama passed some of the most stringent laws in the nation to deal with immigration violations. According to ...
Full immigration article »Author: Law Office of Alena Shautsova Sexual harassment has been an ongoing problem in the workplace since women became a significant part of the workforce and is considered harassment based on the person's sex. Sexual harassment can range from derogatory comments about a particular gender, such as "all women are..." to personal harassment toward ...
Full discrimination article »Author: Attorney Alena Shautsova The New York University School of Law through an immigrant-rights clinic recently released a report indicating mistreatment of immigrant detainees held in Essex County. Conditions included denial of medical help, inadequate nutrition (1,000 to 1,500 calories a day), and unsanitary and freezing spaces. The 39 page ...
Full immigration article »Author: Law Office of Alena Shautsova According to the United States Citizenship and Immigration Services (USCIS), e-verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. At a federal level, e-verify is a voluntary system for employers. However, some states have rece ...
Full discrimination article »Author: Deportation lawyer Alena Shautsova For those facing deportation, hearing about immigration victories brings newfound hope. Such a case recently arose for two Florida girls, Daniela Pelaez and her sister Dayana. CNN reported that the Pelaez sisters met with their Florida senators in Washington to discuss the fact that a Miami immigration j ...
Full deportation article »Author: immigration law firm of Alena Shautsova Immigration services are subject to scams, just like many other services offered in society. Ensuring you work with a qualified and experienced New York immigration lawyer can protect you against immigration scams. Such scams can lead to delays or never receiving legal status, or even worse, eventual ...
Full immigration article »Author: deportation attorney Alena Shautsova While immigration law often seems unfair, it is important to work with an immigration lawyer and also take advantages of protections under the law. A case in point involved a Japanese couple who immigrated to California in 1984. They opened a sushi restaurant and their business had expanded to two succe ...
Full deportation article »Author: Law Office of Alena Shautsova The outcome of a deportation case depends on many factors. No two cases are the same and certain judges weigh case factors differently than others. Many legal arguments are available and which one will influence the judge to rule in an immigrant's favor is a variable. Recent deportation case with a successful ...
Full deportation article »Author: NY attorney Alena Shautsova U.S. Immigration reform remains a hot topic overdue for national reform. While U.S. Congress appears deadlocked and immigration reform stalls, a variety of states, including Arizona, Alabama, Georgia, and South Carolina, have passed their own strict state laws to enforce already existing federal immigration laws ...
Full immigration article »Author: Immigrant lawyer Alena Shautsova Immigrants subject to domestic violence by a spouse who is a permanent resident or U.S. citizen sometimes experience threats of arrest, deportation, or denied sponsorship as a means of manipulation to keep them from leaving a harmful relationship or calling the police. Domestic violence is also a problem fo ...
Full immigration article »Author: Law Office of Alena Shautsova In 2010 the House of Representatives passed a bill called the DREAM Act (Development, Relief, and Education for Alien Minors) which allowed minor children of undocumented immigrants to obtain conditional permanent residency if they had lived for five continuous years here, were of good moral character, and gra ...
Full us citizenship article »Author: asylum lawyer Alena Shautsova Statistics provide a basis for comparison and help determine the estimated effort and probability of obtaining certain results. Some interesting facts and statistics about U.S. asylum and refugee statuses include: According to the Department of Homeland Security (DHS) ...
Full asylum article »Author: Law Office of Alena Shautsova The legal term "prosecutorial discretion" has taken on a new emphasis and become a pivotal factor in the outcomes of certain deportation and removal cases. Prosecutorial discretion refers to "the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particula ...
Full deportation article »Author: Law Office of Alena ShautsovaAttempted immigration reforms backed by the Obama administration included the 2010 DREAM Act (Development, Relief and Education for Alien Minors), which was a bill proposing that undocumented immigrants who met certain requirements and arrived in the United States as minors could have a path to citizenship. This ...
Full deportation article »Author: NY immigration lawyer Alena Shautsova If implemented, a new proposal to change certain immigration rules by the U.S. Citizenship and Immigration Services (USCIS) may bring relief to immigrant families. The change being considered would allow provisional waivers under the Immigration and Nationality Act prior to leaving the United States fo ...
Full provisional waivers article »Author: asylum lawyer Alena Shautsova Normally, an application for asylum should be filed within one year of applicant's last arrival to the United States. INA § 208(a)(2)(B). The 1-year period shall be calculated from the date of the alien's last arrival in the United States or April 1, 1997 whichever is later, under the Illegal Immigrat ...
Full asylum article »Author: Law Office of Alena Shautsova A person granted asylum in the United States may bring his spouse and children (unmarried and under 21 at the time the USCIS receives the application for asylum). Such an application (FORM I-730) has to be filed within the two years after the grant of asylum. However, failure to file wi ...
Full asylum article »How One Can Bring Their Children to the US to Live With Them Author: lawyer Alena Shautsova Generally speaking, a "child" for Immigration purposes is an unmarried child under 21 years old. When the Immigration law refers to a "son" or "daughter", the law means a son or daughter who is married and/or over 21 years old ...
Full us citizenship article »Author: US Citizenship lawyer Alena Shautsova Marriage to a U.S. citizen is one of the ways for a non-U.S. citizen to gain the right to live and work permanently in the U.S. Quite often, however, a person who decides to marry a U.S. citizen has already been in the country "illegally" for a prolonged period of time. Is it possible for s ...
Full us citizenship article »Author: criminal lawyer Alena ShautsovaNew York legislature amended its wage and hour law by the Wage Theft Prevention Act (WTPA) to 1) expand the notice of wage rate requirements that an employer must provide to its employees; 2) strengthen the rights of employees when an employer retaliates against them for taking an action against an employer f ...
Full discrimination article »Author: NY DUI attorney Alena Shautsova A conviction for Driving While Intoxicated in NY is a misdemeanor. In other words it is a crime. New York has no expungement statute which means the conviction can never be removed from your record. You will always have to say you have been convicted for a crime on any job application that asks the question. ...
Full criminal law article »By Anthony J. Colleluori The direct testimony was devastating. Jenny, the daughter of your client's ex-wife was hiding in a bush, and witnessed an attack on her mother by your client, her step-father. As the direct examination ends, the courtroom becomes silent, only Jenny's sniffles can be heard. She is believable, but she is ...
Full litigation article »By Anthony J. Colleluori1 "A diamond is a lump of coal that did well under pressure." Lawyers who represent the indigent (or near indigent, which is worse) are often faced with a situation in which they cannot get the quality of experts they need to represent their client. This seeming negative, can be a positive, if ...
Full litigation article »By Anthony J. Colleluori Law Offices of Anthony J. Colleluori & Associates PLLC Melville NY 11747 Child Pornography is defined by 18 USC 2256 as "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether mad ...
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