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Obama Immigration Reform

24 November 2014

Author: Immigration lawyer Alena Shautsova On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S ...

Full immigration article »

Deportation Defense: Options for Complicated Cases

05 November 2014

Author: Deportation Attorney Alena Shautsova Removal or deportation proceeding is the name for administrative process during which an Immigration judge decides if a non-citizen should be sent back to his/her home country. To stay in the US, a non-citizen needs to provide a defense to the removal. Preparing a defense from deportation starts with ...

Full deportation article »

How to Bring Adopted Children to The US

05 November 2014

Author: New York Immigration lawyer Alena Shautsova Adoption of foreign children can be accomplished via different ways. It can be in the form of local adoption, under the laws of the foreign country without the use of US immigration forms or it can be done through the channels of international adoption. International Adoption International adop ...

Full immigration article »

K1 for Same Sex Couples (LGBT Fiancé Petition)

16 October 2014

Author: US Immigration Attorney Alena Shautsova With the US Supreme court decision in United States v. Windsor, the US recognized federal benefits in connection with same sex couples. To wit, the US government allowed family sponsored immigration for same sex unions. Gay spouses are allowed to sponsor their loved ones for adjustment of status, i ...

Full family visa article »

Citizenship Through Military Service for Beneficiaries of DACA

04 October 2014

Author: Citizenship Attorney Alena Shautsova The law allows permanent residents to receive citizenship after a person has been in “green card holder” status for 3 or 5 years depending on how the person acquired the residency: through marriage with the USC or some other way. Usually, a person has to become a permanent resident first, otherwise ...

Full citizenship article »

Green Card Lottery Rules And Pitfalls: Time To Play!

04 October 2014

Author: Green Card Attorney Alena Shautsova US Diversity Visa Lottery or green card lottery as some call it, is a program that allows to choose candidates for the permanent residency in the US from a pool of certain countries. The lucky persons will be able to apply for an immigrant visa and move the US with the whole family ( spouses and children ...

Full green card article »

Move Immigration Case To The Court In My New State

10 September 2014

Author: New York Immigration Attorney Alena Shautsova I have changed my address online and have moved to a different state. Can I move my case to the Immigration court in my state? Yes you may, if your new address is outside of the state your Immigration case is in, you may move your case to the court within your state. This is referred to as a ...

Full immigration article »

Discovery in Employment Discrimination Cases

06 September 2014

Author: New York Employment Discrimination Attorney Alena Shautsova Majority of employment discrimination cases are filed in Federal courts, and hence the disclosure of the information by the both sides would be governed by the Federal Rules of Civil Procedure. Sometimes, a question of whether to file a case a state or federal court is a strateg ...

Full discrimination article »

Asylum For Victims of Domestic Violence

06 September 2014

Author: New York Asylum Attorney Alena Shautsova A person may successfully seek asylum in the US if he/she can demonstrate that the asserted claims are based on political opinion, religious beliefs, race, nationality or membership in a particular social group. This last category is the most open one for interpretation. In the past, it has been re ...

Full asylum article »

International Travel Rules

06 September 2014

Author: New York Immigration Attorney Alena Shautsova US citizens and permanent residents, as well as asylees who hold valid Travel Documents have to be aware that different countries have different rules regarding entry and exit documents during international travel. For example, when a person leaves the US, the person does not have to go throug ...

Full immigration article »

Denial of I 751 Petition to Remove Conditions from Green Card

18 August 2014

Author: Marriage Visa Attorney Alena Shautsova Form I 751 petition to remove conditions on permanent residency, must be filed by those couples whose marriage (if one of the spouses is a non-US citizen) is younger than two years at the time of the adjudication of the immigrant visa application or application for adjustment of status. The form must ...

Full family visa article »

Adjustment of Status Based on Marriage After Illegal Entry

05 August 2014

Author: New York Immigration Attorney Alena Shautsova A person who came to the US legally but overstayed his/her authorized time, may, nevertheless, receive a permanent resident status (or adjust his/her status to permanent resident). It does not matter if the entry happened a year ago or twenty years ago. As long as the person was inspected and ...

Full immigration article »

Asylum: How to Fill Out the I-589 Form

05 August 2014

Author: New York Immigration lawyer Alena Shautsova To file for asylum in the US, a person has to fill out and submit to USCIS form I-589, that can be found on www.uscis.gov. The form is free. Every person who is filing the case on his/her own, has to read instructions to the form carefully. The form has to be filled out using black ink, and every ...

Full asylum article »

What To Do After ICE Arrests A Loved One

24 July 2014

Author: Deportation Lawyer Alena Shautsova The first thing you should do is call an attorney, it never ceases to amaze me how many people wait a few days to call an attorney. The problem with waiting a few days, is that your loved one can be detained without bond, waive possible defenses to deportation without knowledge, or worse: be deported wit ...

Full deportation article »

Citizenship: Appeal Of Denial

04 July 2014

Author: Citizenship Attorney Alena Shautsova Recently I have had many people come to my office after they were denied citizenship and tried to appeal the decision themselves at an N-336 hearing. After the hearing, they were also denied. The big question I get after they tell me this story is "Is there anything I can do now?" Yes, after you have e ...

Full citizenship article »

Business Immigration: What Visa to Choose

04 July 2014

Business Immigration Attorney in New York Alena Shautsova To enter the US, a person may not be inadmissible: an inadmissibility to the US may be caused by prior violations of the US laws or by criminal convictions, including convictions in the applicant’s home country; any prior visa denials and cancellations of visa must be discussed with an at ...

Full business visa article »

Fraud in Asylum Application

04 July 2014

Author: US Asylum attorney Alena Shautsova Thousands of people come into the United States every year to find shelter and protection form terror and abuse in their home countries. The US provides for this protection in the form of asylum: status that allows non-US citizens to live and work in the US and apply for green card (permanent residency) e ...

Full asylum article »

What can I do if my Citizenship application was denied?

01 July 2014

Author: Citizenship Attorney Alena Shautsova Administrative Review of Citizenship Application Denial If you are denied Citizenship by a USCIS officer, you may ask for a hearing with a new immigration officer. This is called an N-336 Hearing. During this hearing you may be interviewed and given another civics and English test. Afterwards, the offi ...

Full citizenship article »

Victims of crimes without legal status in the US

27 June 2014

Author: US visa lawyer Alena Shautsova I am the victim of a crime, but I do not have a legal status in the US. Is there anything I can do? This unfortunately is a question many people are afraid to ask, because of their immigration status or lack thereof. I am here to tell you that you do not have to be afraid, contact an attorney to make sure yo ...

Full visas article »

Business Immigration: EB 5

04 June 2014

Author: Business Visa Attorney Alena Shautsova Brief Overview EB5 is an Immigrant petition that allows its beneficiary to obtain permanent resident status in the United States. The procedure starts with the development of the business plan of a desired enterprise and a decision as to: in what business and what size of investment a person is read ...

Full business visa article »

Immigration Consequences of Marriage Fraud

04 June 2014

Author: New York Immigration lawyer Alena Shautsova Immigration marriage fraud may take various forms: from exchanging moneys for marriage to conspiracy to broker individuals for marriage. Please see: What Is Marriage Fraud and How Does the USCIS Operate to Prevent It?. Finding of the marriage fraud has drastic immigration consequences but also ma ...

Full family visa article »

Adjustment Of Status Process: Green Card Based On Marriage

04 June 2014

Author: Marriage Visa Attorney Alena Shautsova The process of adjustment of status based on marriage starts with the marriage itself. A couple can file their immigration forms the next day following their wedding: the law does not require that the couple waits any specific time to submit their applications. First, both spouses have to collect all ...

Full family visa article »

How to Pass Immigration Marriage Interview

04 June 2014

Author: Family Visas Lawyer Alena Shautsova Do you believe that because your marriage is real you will be able to pass the Immigration interview without preparation? Let’s practice. Can you, without thinking more than 2-5 seconds about the answer, give answers to the following questions, and then ask your spouse if you got it right: Date and ...

Full family visa article »

I-601A Provisional Waiver Procedure

05 May 2014

Author: Provisional Waiver Attorney Alena Shautsova In January 2013 USCIS implemented a new provisional waiver application that came into effect from March 3, 2013. The I-601A provisional waiver allows certain immediate relatives to apply for and wait for the results of the waiver application in the US. The waiver is being requested in connection ...

Full provisional waivers article »

Arrival/Departure Records Are Available Online

05 May 2014

Author: New York Immigration lawyer Alena Shautsova I-94 form Arrival/Departure record is the main form that has been used for decades to track admission and departure of the non US residents. Recently, however, Department of Homeland Security substituted the paper version with the electronic record. The I-94 form is crucial to prove inspection ...

Full immigration article »

L1 Visa: How to Immigrate to the US Using Business

05 May 2014

Author: New York Business Visa Attorney Alena Shautsova The L-1 visa allows managers, executives and other employee’s with a special knowledge crucial to the business’ development and growth to transfer from a foreign company to a branch currently doing business in the US. The L-1 Visa holder can only work for the US Employer that serves as ...

Full business visa article »

Blanket L Petition

16 April 2014

Author: New York Business Immigration Attorney Alena Shautsova When a company is frequently petitioning for L-1 visas, it is always best to obtain a Blanket L petition. Once approved, your transferee’s may now apply directly to their consulate without waiting for an individual L-1 petition to be approved by USICS. Unfortunately, the Blanket L Pe ...

Full business visa article »

K-1 Visa Process

10 April 2014

Author: K-1 Visa Attorney Alena Shautsova When a US citizen wishes to invite his fiancé to the US, he or she has to submit a K-1 or fiancé visa petition. If granted, the petition will allow a foreign fiancé to obtain a K-1 visa to come and stay in the US for up to 90 days. Within the 90 days, a couple must get married or fiancé has to leave th ...

Full family visa article »

Asylum Interview: How long is the Wait?

07 April 2014

Author: US Asylum attorney Alena Shautsova Many asylum applicants are concerned with the timeline for the affirmative asylum process. It is used to be the case that after an asylum application was filed affirmatively, an applicant could have expected to be called for an interview within a couple of months after the filing date. However, within th ...

Full asylum article »

212(c) Waiver of Criminal Conduct for Lawful Permanent Residents

07 March 2014

Author: Immigration lawyer Alena Shautsova A recent decision by the Board of Immigration Appeals clarified 212(c) waiver eligibility for lawful permanent residents in the Matter of Abdelghany, 26 I N Dec. 254 (2014). (1) A lawful permanent resident who has accrued 7 consecutive years of lawful unrelinquished domicile in the United States and who ...

Full immigration article »

Green Card Based on Extraordinary Ability (EB 1A)

07 March 2014

Author: Green Card Attorney Alena Shautsova A person who can demonstrate an extraordinary ability in some fields, may sponsor him or herself for the permanent residence in the US without an employer’s petition. The fields are the following: Sciences Arts Education Business Athletics An extraordinary ability is defined as a level of exp ...

Full green card article »

How To Obtain An H-1B Work Visa

05 February 2014

Author: Work Visa Attorney Alena Shautsova After an employer has obtained an approved Labor Condition Application (LCA) (see here) , it is time to file an H1B petition for the foreign worker. The H-1B visa allows a foreign national to accept professional jobs with the US employers. The H1B petition should be filed as soon as possible: on the fi ...

Full work visas article »

State of Immigration Reform: Will Be or Not Will Be?

05 February 2014

Author: Immigration Attorney Alena Shautsova It is probably fair to say that majority of immigrants have lost hope that Immigration reform will happen any time soon. What seemed to be so possible in summer 2013, became a mere reminiscence in 2014. The Congress, however, is trying to revive the Immigration reform idea, and this past week released ...

Full immigration article »

What is LCA or Labor Condition Application?

13 January 2014

Author: Work Visa Attorney Alena Shautsova First Step In Obtaining A Nonimmigrant Working Visa. The first step in acquiring an H-1B specialty occupation, E-3 Australian specialty occupation worker, and H-1B1 Singapore/Chile Free Trade non-immigrant processes is to submit a Labor Condition application (LCA). This in short is the promise your empl ...

Full work visas article »

What to do when you are stuck in "Administrative Processing"?

02 January 2014

Author: US Visa Attorney Alena Shautsova If one applies for a visa with a US consulate, he or she may encounter something called "administrative processing." In a regular course of events, a visa applicant receives response to the visa application the date of his or her visa interview. However, sometimes the date of the decision happens much later ...

Full visas article »

Get ICE Free: How To Get Released From Immigration Detention

02 January 2014

Author: Deportation Attorney Alena Shautsova ICE or Immigration and Custom Enforcement agency is the "police" of the Department of Homeland Security. ICE officers are in charge of investigation and apprehension of those who violate the U.S. Immigration laws. Most commonly, a person gets into the ICE’s custody after he/she has been detained by re ...

Full deportation article »

How to Win a Deportation case: The truth about your case

12 December 2013

Author: New York Deportation Lawyer Alena Shautsova When you or a loved one has been placed into deportation proceedings it is important to understand that remorse and responsibility for your actions coupled with rehabilitation alone is not enough to win your deportation case. That being said, there needs to be a legal basis for your stay in the U ...

Full deportation article »

Tips on how to get a successful I-485 adjustment of status

04 December 2013

Author: Green Card Lawyer Alena Shautsova An I-485 form is used to register for, or adjust to permanent residence status. This form is one of the most expensive to file with the government (currently it is $1070). It is important to verify your eligibility for adjustment of status before submitting it to USCIS because once you file, if you are den ...

Full immigration forms article »

Tips For A Successful I-130

04 December 2013

Author: Green Card Attorney Alena Shautsova Filling out the form for an I-130 can be simple, fill in the blanks with the appropriate information and your done right? Not quite, a major mistake people make is differentiating between petitioner and applicant. The Petitioner will be the US Citizen or Lawful Permanent Resident; the Applicant will be t ...

Full immigration forms article »

Green Card Process

04 December 2013

Author: Green Card Attorney Alena Shautsova How to Get a Green Card for Parents Parents of those US citizens who are over the age of 21 qualify to be what the USCIS considers an "immediate relative". Immediate relatives do not have to wait in line for visas because there is no cap for this particular category of an immigrant visa. Sponsoring pare ...

Full green card article »

Parole In Place For Military Families

24 November 2013

Author: Parole in Place Attorney Alena Shautsova On November 15, 2013, USCIS issued an official Memorandum clarifying the procedures for parole in place: a relief available for EWI (entrant without inspection) immediate relatives of the Military personnel. This relief is not a new law. In fact, it has been used by Immigration practitioners for a ...

Full family visa article »

Immigration Law: Asylum In The USA

14 November 2013

Author: US Asylum Lawyer Alena Shautsova Asylum is a special status granted to those who can demonstrate fear of returning to their home country due to the past persecution or future persecution. A successful asylum application leads to a green card and subsequently to the US citizenship. Please visit our web page about Political Asylum In The USA ...

Full asylum article »

How to Change H1B Employer: H1B Transfer

02 November 2013

Author: Employment Immigration Attorney Alena Shautsova Life happens: your offered a new job with a higher pay or better benefits, you want to take this new job, or in some cases have to, but you’re unsure of how to go about doing this. Statistics is clear: those attempting to handle their immigration cases themselves much more often find thems ...

Full work visas article »

Asylum Applicant’s Due Process Rights

02 November 2013

Author:Asylum Attorney Alena Shautsova In the recent decision by the Ninth Circuit Court of Appeals, Bondarenko v. Holder, the court held that an applicant for asylum possess due process rights that must be observed even if the government or an Immigration Judge believes that the applicant is not credible. The case is of a Russian national who w ...

Full asylum article »

How to become a US Citizen

02 November 2013

Author: Citizenship Attorney Alena Shautsova The first step towards the US citizenship, usually, is Permanent Residency. (See How to get a green card) After you become a permanent resident or more commonly known as "Green Card holder" the next step in the long sought out process of immigrating to the US is to become a citizen. There are several ...

Full citizenship article »

Green Card Based on DV Lottery

29 October 2013

Author: Green Card Lawyer Alena Shautsova US green card based on DV or Diversity Lottery is a program established by the US government that helps to maintain diversity of the immigrants in the United States and gives applicants a chance to “win” status of a permanent resident without having to be sponsored by a family member or an employer. F ...

Full green card article »

How to Return Immigration Bond Money

26 October 2013

Author: New York Deportation Attorney Alena Shautsova Immigration bond is often posted by friends or family of a non-citizen who was detained by ICE in connection with immigration proceedings. The bond money sum may vary from $1500 and up. Sometimes it reaches $25,000. There is no maximum amount that can be established for the Immigration bond. V ...

Full deportation article »

Benefits, Results and Solutions to Authenticating Documents

24 September 2013

Author: US Immigration Attorney Alena Shautsova Benefits, Results and Solutions to authenticating documents for use in a foreign country. If you have family, friends or business in foreign countries, at some point you may be required to authenticate documents for use in that country. The most common issue arises when the documents need to become ...

Full immigration article »

How Important Is The Right To Representation In Immigration Court?

04 September 2013

Author: US Immigration Lawyer Alena Shautsova The right to representation in immigration court: a person in Immigration proceedings has a right to retain and be represented by a private counsel. However, there is no obligation on behalf of the government to provide a free immigration lawyer to somebody who is getting removed from the country. The ...

Full immigration article »

Green Card Based on Employment

04 September 2013

Author: Green Card Attorney Alena Shautsova Employment based green card implies different options: first, the employment based visas maybe immigrant (EB) and non-immigrant (visas category H, L, O, P, etc. please see Non-Immigrant US visas here). Non Immigrant visas are given for temporary stay in the US, and the implication is if the person would ...

Full green card article »

Asylum Confidentiality: The Right and Its Breach

04 September 2013

Author: Asylum Lawyer Alena Shautsova Very often a decision to file an asylum claim is a difficult one. It is not because the person has not suffered persecution or lacks proof of his/her claim, but because the person is afraid that the information he / she shares with the government will be conveyed to his/her persecutors and the person will be h ...

Full asylum article »

Political Asylum in The USA For Belarusian Citizens

31 August 2013

Author: Asylum Attorney Alena Shautsova Asylum applicants are often confused as to what exactly they need to show in court or during the interview to be able to sustain a successful claim. The fact that a person happens to be from a particular country, even if it is well known for violations of human rights, does not by itself guarantee that a per ...

Full asylum article »

Green Card Based On Investment

14 August 2013

Author: US Green Card Lawyer Alena Shautsova A substantial investment is one of the ways of receiving residency in the United States. This type of immigration can also be referred as EB-5 visa. What is an EB-5 visa? The the Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy throug ...

Full green card article »

Green Card Based on VAWA

12 August 2013

Author: US Green Card Attorney Alena Shautsova VAWA stands for Violence Against Women Act. It is a law that allows victims of domestic violence, those who are or were in certain relationship with a US citizen or a U.S. permanent resident to sponsor themselves into the country without the help of the abusive US citizen or permanent resident. The la ...

Full green card article »

Undocumented Workers May Recover Unpaid Wages

04 August 2013

Author: New York Employment Attorney Alena Shautsova Thousands of US small and large business employ immigrants who the government calls “undocumented”. Those are men and women who earn their living and pay taxes but do not have a permit to work in the United State. They are not necessarily employed as agricultural or domestic workers. Quite ...

Full discrimination article »

Immigration Reform Updates

04 August 2013

Author: New York Immigration Attorney Alena Shautsova The Immigration Reform Bill "got stuck" in the House of Representative. Despite the optimistic predictions that we will have new Immigration laws prior to August, 2013, it did not happen. Why? The members of the House are divided between adopting one single Bill or multiple laws. There are on ...

Full immigration article »

Discrimination At Work: Who Is A “supervisor”?

29 July 2013

Author: New York Employment Discrimination attorney Alena Shautsova Workplace discrimination is one of the most unpleasant and upsetting things that may happen to anyone. One may think that in 21 century most employers are aware of the consequences of singling out an employee based on sex, race, place of origin, disability or age. The reality, how ...

Full discrimination article »

Asylum: Changed Country Conditions And Motion To Reopen

23 July 2013

Author: NY Asylum Lawyer Alena Shautsova Changed Country Conditions An application for asylum must be filed by within one year of the person’s entry into the US. One of the exceptions to this rule is changed country conditions in the country from which a person is claiming asylum. To invoke the exception, an applicant must demonstrate requirem ...

Full asylum article »

BIA: DOMA Can No Longer Be Used Against Same Sex Couples

19 July 2013

Author: New York Immigration Attorney Alena Shautsova DOMA can no longer be used against same sex couples held Board Of Immigration Appeals in its recent decision Matter of Oleg B. ZELENIAK, Beneficiary of a visa petition filed by Serge V. Polajenko, Petitioner 26 I&N Dec. 158 (BIA 2013). It is probably the first BIA decision issued after the ...

Full immigration article »

Asylum Status: Matter of V-X-, 26 I & N Dec. 147 (BIA 2013)

15 July 2013

Author:US Asylum Attorney Alena Shautsova In its recent decision, BIA affirmatively stated that grant of asylum is not an admission under the INA. Matter of V-X-, 26 I&N Dec. 147 (BIA 2013). What significance does this decision have for asylum status holders? Admission for immigration purposes is a term of art and it implies certain immigrat ...

Full asylum article »

What is Special Immigrant Juvenile Status (SIJS)?

03 July 2013

Author: US Immigration Attorney Alena Shautsova Pursuant to INA § 101(a)(27)(J), under the classification of “Special Immigrant Juvenile”, certain undocumented individuals, who have been declared dependant on a juvenile court or placed in foster care, and whose reunification with one or both parents is not possible due to abuse, abandonment o ...

Full immigration article »

What does “Immigration Reform” actually entail?

03 July 2013

Author: US Immigration Lawyer Alena Shautsova For the past few months there has been a lot of talk about “Immigration Reform”. On Thursday, June 27, 2013, the current bipartisan immigration reform bill passed the Senate with a vote of 68-32. So what is all this talk about immigration reform really about? For the approximately eleven million ...

Full immigration article »

Immigration Consequences of DOMA Being Struck Down

01 July 2013

Author: US Immigration Attorney Alena Shautsova On June 26, 2013 the Supreme Court of the United States issued an opinion in United States v. Windsor that caused rainbow flags to fly high all across the country. In Windsor, the Supreme Court held that Section 3 of the Defense of Marriage Act enacted by Congress violated the Fifth Amendment of the ...

Full immigration article »

Asylum Claim Based on Domestic Violence in Home Country

30 June 2013

Author: Asylum Attorney Alena Shautsova An applicant for asylum must establish that he or she is a refugee within the meaning of INA § 101(a)(42). To qualify for asylum, an individual must demonstrate that he or she has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or polit ...

Full asylum article »

What relief is available under the Convention Against Torture (CAT)?

25 June 2013

Author: Asylum Attorney Alena Shautsova In some instances, an individual who does not qualify for asylum may meet the threshold requirements to qualify for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). As declared in Article 3 of CAT, countries do not want to remove an individual t ...

Full asylum article »

U.S. Supreme Court Struck Down Section 3 Of The DOMA

27 June 2013

Author: US Immigration Lawyer Alena Shautsova Dear Friends, We are happy to share the recent news that on June 26, 2013, Justices of the U.S. Supreme Court in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman, noting that “DOMA’s principal effect is to ...

Full immigration article »

Age Discrimination: When to Complain?

01 June 2013

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 »

Immigration 800 Number

01 June 2013

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 ...

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Spousal Visa Denial: What’s Next?

01 June 2013

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 family visa article »

Anthropologists Study the Prevalence of Sexual Harassment

16 May 2013

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 »

Winning DV Lottery and Next Step

14 May 2013

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 »

Detained By Ice: Can You Get A Bond?

06 May 2013

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 »

Immigration Reform: Shall You Wait for Changes

06 May 2013

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 »

U.S. Supreme Court Ruling on Drug Possession Affects Deportation

03 May 2013

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 »

Boston Bombing and the Immigration Reform Effort

30 April 2013

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 »

What Is the H-1B Visa Cap?

18 April 2013

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 work visas article »

The Immigration Bill Nears Its Final Draft

17 April 2013

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 »

Green Card Through Asylum

05 April 2013

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 »

Updates On USCIS Forms I-94 And G-28

30 March 2013

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 immigration forms article »

Immigrant Driver's License Debate Continues

27 March 2013

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 »

What Does the Renewal of VAWA Mean for Immigrants?

25 March 2013

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 »

What Role Will E-Verify Play in 2013 Immigration Reform?

20 March 2013

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 ...

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Family Immigration and Immigration Reform

18 March 2013

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 ...

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Detainees Released under ICE's Sequestration Budget Cut

15 March 2013

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 ...

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Rulings on State Immigration Laws May Reach Supreme Court Level

13 March 2013

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 ...

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Do You Have the Right to Be Advised about Potential Deportation?

06 March 2013

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 ...

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How to Stay in the USA Legally: Prepare for Immigration Reform

02 March 2013

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 ...

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What is the Help Separated Families Act?

23 February 2013

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 ...

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Same Sex Partners Working to Obtain Marriage Petitions

22 February 2013

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 ...

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ICE Agents Suing the Department of Homeland Security

15 February 2013

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 ...

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Recent Bi-Partisan Effort at Immigration Reform

12 February 2013

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 ...

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What is DACA and Its Complications?

08 February 2013

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. ...

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How Can Notario Fraud Impede Immigration?

05 February 2013

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 ...

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Tips On Interactions With USCIS

01 February 2013

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 ...

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Who Can Benefit From Provisional Waiver

01 February 2013

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 ...

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Immigration Reform under Georgia State Law Takes a New Turn

21 January 2013

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 ...

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Can Those Facing Gang Violence in Native Countries Obtain U.S. Asylum?

17 January 2013

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 ...

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Challenges Involved With Immigrant Marriage Petitions

14 January 2013

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 ...

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High Profile Sexual Harassment Case against Waffle House Chairman

11 January 2013

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 ...

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What Is the Secure Communities Program?

09 January 2013

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 ...

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What To Do If Your Family Member Has ICE Hold?

08 January 2013

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 ...

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ICE Discontinues 287(g) in 2013

06 January 2013

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 ...

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President Obama Plans to Tackle Immigration Reform

04 January 2013

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 ...

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Asylum Seekers: The Standard Of Proof For Persecution

30 December 2012

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 ...

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Basis For Asylum: Membership In A Particular Social Group

22 December 2012

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 ...

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Domestic Violence And Asylum

03 December 2012

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 ...

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How Can I Win A Sexual Harassment Case

26 November 2012

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 ...

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Harassment Of Domestic Workers

16 November 2012

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 ...

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5 Deadly Mistakes That May Cost You Your Immigration Status

20 November 2012

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 ...

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Cancellation Of Removal For Non-Permanent Residents

13 November 2012

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, ...

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How To File For Asylum Part IV

09 November 2012

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 ( ...

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USCIS Will Reschedule Appointments Canceled Because Of Sandy

09 November 2012

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 ...

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I-601 Provisional Waivers Updates

31 October 2012

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 ...

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DACA Updates

31 October 2012

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 ...

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Transportation Letter or Boarding Foil

31 October 2012

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 ...

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How To File For Asylum Part III

28 October 2012

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 ...

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How To File For Asylum Part II

24 October 2012

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 ...

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Motion to Reopen After Removal Order

24 October 2012

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 ...

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How To File For Asylum Part I

24 October 2012

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 ...

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Immigration Hold (DETAINER) and Bond

22 October 2012

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 ...

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Students Are Ordered to Self Deport

15 October 2012

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 ...

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K1 for Same Sex Couples (LGBT Fiancé Petition)

16 October 2014

Author: US Immigration Attorney Alena Shautsova With the US Supreme court decision in United States v. Windsor, the US recognized federal benefits in connection with same sex couples. To wit, the US government allowed family sponsored immigration for same sex unions. Gay spouses are allowed to sponsor their loved ones for adjustment of status, i ...

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Advance Parole Must be Asked in Advance

11 October 2012

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 ...

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Child Protection Status Act and Priority Date

28 September 2012

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 ...

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USCIS Answers Important Questions Regarding DACA

15 September 2012

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 ...

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Sexual Harassment At Work

10 September 2012

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 ...

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New Visas to Russia Will Be Cheaper and For a Longer Period of Time

10 September 2012

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 ...

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May the Migrant Workers Apply for DACA Relief?

05 September 2012

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 ...

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Tough Economic Times See Increases in Discrimination Claims

02 September 2012

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 ...

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Deferred Action Application for Childhood Arrivals

29 August 2012

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 ...

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Deferred Action

21 August 2012

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 ...

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Civil Rights Groups Continue Challenging Arizona Immigration Law

12 August 2012

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 ...

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Cases Where Labor Law and Immigration Law Both Apply

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 ...

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Appellate Court Rules that DOMA Is Unconstitutional

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 ...

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Pregnant Women's Rights against Discrimination in New York

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 ...

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What Happens When Undocumented Immigrants Obtain Law Degrees?

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 ...

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Undocumented Immigrants with Higher Degrees and Career Goals

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 ...

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You Have the Right to Receive Equal Pay

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 ...

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Discrimination Through Criminal Background Checks

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 ...

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Denied Housing Based on Immigration Status Is Illegal

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 ...

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ICE Continues to Crack Down

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 ...

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Racial Discrimination Can Occur Anywhere

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 ...

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Will State Attempts at Immigration Reform Come Full Circle?

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 ...

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Reported Harassment on the Rise

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 ...

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Demand for Reform in Treatment of Detainees

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 ...

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What is E-Verify and does it apply in New York?

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 ...

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A Recent Deportation Case Victory

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 ...

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Avoid Immigration Scams

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 ...

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Aggravated Felony Can Mean Deportation for Legal Immigrants

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 ...

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How Previous Case Rulings Can Affect Deportation Decisions

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 ...

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Will the ARMS Act lay groundwork for the DREAM act?

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 ...

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U.S. Asylum Facts and Statistics

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) ...

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DHS Takes a Different Tack with Deportation

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 ...

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Can I File My Asylum Application After the One Year Deadline?

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 ...

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Who is a Child for Immigration Purposes

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 ...

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Marriage to a US Citizen

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. Adjustment Of Status Video 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 t ...

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New York Wage Theft Prevention Act

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 ...

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DUI / DWI conviction

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. ...

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Making Diamonds From Your Adversary's Coal

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 ...

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Defending The Child Pornography Case

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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