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A Right To An Immigration Hearing

02 December 2016

Author: Immigration attorney Alena Shautsova A right to an immigration hearing comes to play when DHS tries to remove an individual who is suspected of Immigration laws violations. I have met many who did not go to court for their Immigration hearings because of fear of being deported. These people perceived a hearing as a punishment, as a tool th ...

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Trump And New Immigration Policy

17 November 2016

Author: New York Immigration attorney Alena Shautsova After the results of the Presidential election, immigrants in the United States are anxiously waiting for the announcement of President Trump’s Immigration plans. It is true even for those who became U.S. citizens through naturalization: I received several calls from people asking if “Trump can ...

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Non Military Parole In Place

07 November 2016

Author: Green Card Attorney Alena Shautsova Parole in Place for Immigration purposes was a “gift” expanded in 2013 for those who have entered without inspection and had military family members. Many individuals were able to adjust their status legally without having to leave the country or go through a complex waiver process. The expansion of th ...

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EB-1A Visa For A Person Of Extraordinary Ability How To, Requirements And FAQ For Complete Simplified Explanations

07 November 2016

Author:Green Card Attorney Alena Shautsova When an individual first begins researching any visa that involves a person of “extraordinary ability” the first question that is always asked is “will I qualify as a person of extraordinary ability?” Here is a short article that may help you to answer this question. What are the qualifications to be c ...

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J1 Home Residency Requirement And Waiver

25 October 2016

Author: New York Immigration Lawyer Alena Shautsova A J1 visa is one of the most common visa types which is used for a variety of purposes: see J1 visa options. Some of the J1 visas come with a undesirable “home residency requirement” which means that a person, upon completion of the J1 program would have to return back to their country of nationa ...

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Extreme Hardship For Immigration Purposes

22 October 2016

Author: New York Immigration lawyer Alena Shautsova “Extreme hardship” is a standard that an applicant for an immigration waiver has to meet in order for his/her immigration waiver application to be approved. One would need a waiver of he/she is inadmissible (cannot receive a visa or green card) due to various violations of Immigration laws: unlaw ...

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Trump Vs. Hillary: Future Of Immigration Policies

03 October 2016

Author: Immigration Attorney Alena Shautsova To begin with, I must state that I write this article not with the purpose to advocate for any of the candidates but to address various scenarios that a new President may bring to us after the election. Ms. Hillary Clinton is running for a President on behalf of the Democratic party. Traditionally, her ...

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Common RFEs In Adjustment Of Status Based On Marriage Cases

03 October 2016

Author: Marriage Immigration attorney Alena Shautsova An RFE or request for more evidence is a document issued on a yellow or pink paper that many applicants for adjustment of status meet with a great distress. First, I should state here that if you receive an RFE, do not panic. Look at it as an opportunity to supplement the record and present cla ...

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Gender Based Asylum Claims

26 September 2016

Author: USA Asylum lawyer Alena Shautsova Immigration laws allow an individual to claim asylum based on political opinion, religion, nationality, membership in a particular social group, and/or race. At a first glance, the law does not provide a special protection to individuals who claim persecution based on gender. In other words, it is not poss ...

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Parole For U Visa Petitioners And Their Dependents

14 September 2016

Author: USA visa Attorney Alena Shautsova A U visa is issued to qualified victims of criminal activities that have been helpful to the authorities in investigation and prosecution of the offenders. While many are familiar with an application for a U status from within the United States, a person who is outside of the United States may apply, if q ...

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Citizenship Eligibility Through Your Spouse

02 September 2016

Author: Alena Shautsova A person who received a permanent resident status in the US based on marriage to a US citizen, may apply for naturalization or US citizenship if he/she has been 2 years and 9 months in permanent resident status (provided all other conditions are met). To compare, the “regular” route would take 5 years (4 years and 9 mont ...

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3 Common Reasons For Denial Of Asylum After The Interview

02 September 2016

Author: USA Asylum Lawyer Alena Shautsova In the United States, a person who is applying for asylum affirmatively (or when a person is not in the Immigration court proceedings) will have to appear for an interview with an Asylum officer. An applicant may wait for several years before he/she is called for an interview, may forget important detail ...

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FAQ New I 601A Provisional Waiver

26 August 2016

Author: Alena Shautsova On July 29, 2016 USCIS Announced changes to go into effect on August 29th 2016 regarding much needed changes to the I-601A Provisional Waiver. For a quick synopsis the waiver initially was meant to overcome issues of inadmissibility one might face if they did not enter the country legally. Simply put, when a person is eligi ...

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Firm-Resettlement Bar To Asylum In The United States

23 August 2016

Author: USA Asylum Lawyer Alena Shautsova To qualify for asylum in the Untied States, a person must demonstrate the likelihood of persecution on account of a protected ground or past persecution, and “lack” of certain attributes that would bar a person from receiving asylum in the United States. To wit: a person cannot be convicted of a particular ...

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Proving Admission Without I-94 Card

12 August 2016

Author: Green Card Attorney Alena Shautsova A person in the United States who is applying for permanent residence, has to prove that he/she was inspected and admitted before his/her application for adjustment of status is granted. Often, the problem arises when a person was brought into the country by his/her parents or entered the US using frau ...

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New Changes To I-601A Provisional Waiver

01 August 2016

Author: Immigration Hardship Waiver Attorney Alena Shautsova An I-601A provisional waiver is a "tool" that allows its beneficiary to ask for the waiver of unlawful presence and wait for the result of the application without leaving the United States. It was implemented in 2013 and until recently was available to only immediate relatives of the Uni ...

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Expedited Removal Order

25 July 2016

Author: US Immigration Attorney Alena Shautsova What is an Expedited Removal Order? How is it different from a regular removal order? An Expedited removal order opposed to a regular removal order is issued at the border by the CBP agents if a person is found inadmissible due to fraud, misrepresentation, false claims to US citizenship or, the most ...

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Mystery Of Where One May Get Picked Up By ICE Uncovered

22 July 2016

Author: Deportation attorney Alena Shautsova Have you ever wondered how your friend or a friend of a friend all over sudden got picked up by Immigration? Often, it happens when an individual gets in trouble with the police. Criminal chargers, or even a traffic ticket may trigger checkups that would lead to removal proceedings being started. Most o ...

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Change Of Employer While I-140 Is Pending

18 July 2016

Author: New York Employment Immigration attorney Alena Shautsova Can I change my employer while the process for permanent residency or a green card is not finalized? The short answer is yes, but it depends on certain circumstances. An employment based immigration may take years, and even decades. The wait time is determined by the classification ...

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Self-Sponsoring Green Card For Victims Of Domestic Violence

12 July 2016

Author: VAWA attorney Alena Shautsova I write this blog to help those abused women (men as well, but in my practice the majority of people who turn over for help are females for some reason) who cannot afford an attorney, and are planning to self-sponsor themselves and their children for a permanent residency in the United States. While I have oth ...

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Common Mistakes During Asylum Process

06 July 2016

Author: USA Asylum attorney Alena Shautsova Whether filing a Pro Se Asylum application or filing an Asylum application with an attorney common mistakes still occur on a daily basis that can be easily avoided. While this article will go over the most common mistakes, you should always consult with an attorney before submitting any documents. Eve ...

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Effects Of Guilty Plea’s Without Immigration Advice

30 June 2016

Author: Criminal Immigration lawyer Alena Shautsova Getting into trouble whether it was your fault or not is always a daunting process once an individual has been arrested and scheduled for an arraignment. It is increasingly overwhelming when an individual is an immigrant with a permanent resident status. Most individuals will do the right thing a ...

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Immigration Options For Fashion Models

27 June 2016

Author: New York Immigration Lawyer Alena Shautsova The Immigration laws of the United States do not provide for special work visas for fashion models. It means that workers in this category have to compete for limited employment visa slots with all others seeking employment in the US. With visa categories named from A to Z, and no clear legal ...

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Differences And Similarities Between L-1 Visa And H-1B Visa

21 June 2016

Author: New York Employment Immigration Attorney Alena Shautsova There are limited employment visa options for those who would like to work in the US. Among the most popular ones are H1B, L1, O and P visas, as well as E and TN. Like an H-1B Visa holder, the L-1 visa holder may seek to procure lawful permanent resident status without fear of jeopa ...

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Waiver Of Passport And/or Visa (I-193 Waiver)

16 June 2016

Author: Immigration Waiver Attorney Alena Shautsova Admission laws and regulations state that one who is coming to the United States must be in possession of valid entry documents, such as a passport or a travel document, a visa or lawful permanent resident card, parole, etc. An airline would not board a passenger whose documents are expired…most ...

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Notice To Appear Issued: Do I Need To Go To Court?

13 June 2016

Author: New York Deportation Attorney Alena Shautsova You received a Notice to Appear issued by immigration authorities, do you need to do anything? The short answer is …Yes! Even if the allegations seem to be ridiculous, you still have to respond and appear in front of the judge. The consequences of not attendance of an Immigration court hearin ...

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When To Apply For Re-Entry Permit As A Permanent Resident

09 June 2016

Author: Green Card attorney Alena Shautsova Under normal circumstances, most Lawful Permanent residents are able to travel outside of the US and return without any problems. There are very few circumstances when a Re-entry permit will be required for a LPR (lawful Permanent Resident). First, one should apply for Re-entry permit if his trip abroad ...

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TN Work Visa’s For Canadian And Mexican Citizens

06 June 2016

Author: New York Employment Immigration attorney Alena Shautsova A TN visa is a work visa available for citizens of Canada and/or Mexico. The visa is much easier to receive than other work visas and in fact, may be applied for at the border. The traditional, in-conuslate application can be submitted as well, and sometimes is preferred. The proces ...

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Immigration Benefits For Military Personnel

31 May 2016

Author: New York Immigration Lawyer Alena Shautsova Generally speaking, it is not easy to qualify for immigration benefits in the United States. To promote family unity and, perhaps, to thank those who put their lives in danger for the safety of all of us, the government provides certain exceptions and benefits to current and former military membe ...

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Dangers Of Domestic Violence Convictions For Immigration Purposes

31 May 2016

Author: New York Deportation attorney Alena Shautsova Domestic violence chargers are probably the most common ones. They can originate from both Family or Criminal courts. For example, in New York, a person may obtain an order of protection from a Family or from a Criminal court. If a family member is found in violation of an order of protection f ...

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Non-Immigrant (212(d)(3)(A)) Waiver

31 May 2016

Author: New York Immigration attorney Alena Shautsova Immigrant waivers such as I 601 or I 601A waive grounds of inadmissibility for those who seek adjustment of status or an Immigrant visa. They are difficult to obtain, as usually, an applicant must demonstrate extreme hardship to a qualifying relative. There is however a waiver for those who do ...

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Choices For Abused Spouses

24 May 2016

Author: Green Card Attorney Alena Shautsova When somebody enters into a marriage, they usually hope that the union would last forever and spouses would respect each another, and they would live happily –ever- after... Some marriages last for a long time, some forever, and some for days or hours. United States Immigration laws require that a non-c ...

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Denaturalization: How US Government Can Take Citizenship Back

18 May 2016

Author: US Citizenship Attorney Alena Shautsova The scariest nightmare for any former Immigrant: to be placed in proceedings where the US government is seeking to take back the granted citizenship. The good news here (yes, there is good news everywhere!): you would have rights and an opportunity to defend yourself in Court! Denaturalization must ...

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Citizenship And Arrest

16 May 2016

Author: Citizenship attorney Alena Shautsova Citizenship is, perhaps, the ultimate goal of any Immigrant. Generally, to qualify for citizenship through naturalization, a person has to hold a permanent resident status for 3 (if the permanent residency was based on marriage to a US citizen), or 5 years. An applicant should use form N400 and submit ...

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USCIS Helps Those Affected By Earthquakes In Ecuador, Burma And Japan

05 May 2016

Author: New York Immigration lawyer Alena Shautsova Recent earthquakes and natural disasters affected thousands of nationals of Ecuador, Japan and Burma. While these regions have not been designated for Temporary Protected Status, USCIS promised to help nationals of these countries. What does that mean? It means that first, a national or a citiz ...

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Filing I-130 Abroad By Military Petitioner

28 April 2016

Author: Green Card Lawyer Alena Shautsova An I-130 form is a U.S. Immigration document that needs to be filed in order for a U.S. citizen or a permanent resident to sponsor a family member. This form is necessary for a husband to sponsor wife, for a brother to sponsor a brother and for a parent to sponsor a child. Usually, the form has to be f ...

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Children As Dependents For Immigration Purposes

25 April 2016

Author: New York Immigration Lawyer Alena Shautsova Earlier, I wrote a blog about who qualifies as a child for Immigration purposes. Here, I would like to discuss some situations when it is important not only to originally qualify as a child, but to retain such a qualification at the time of the adjudication of certain applications. When it come ...

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Eb-4 Cap Is Reached For El Salvador, Honduras And Guatemala

21 April 2016

Author: Green Card attorney Alena Shautsova USCIS reached its EB-4 Visa limit for Special Immigrants from the countries of El Salvador, Honduras and Guatemala. Essentially the cap has been backdated for applicants who have filed on or after January 1, 2010. Those who have filed after this date must wait for new visas to become available. The Fisca ...

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How To File For Marriage Based Green Card

18 April 2016

Author: Marriage Immigration Attorney Alena Shautsova One of the most common types of Immigration cases every practitioner encounters is an application for an immigration status based on marriage. These application can be sorted out to two main groups: applications based on marriage based to a U.S. citizen (a USC) and applications based to a mar ...

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Parole In Place: Why To Use It And Where To Submit It

09 April 2016

Author: New York Immigration lawyer Alena Shautsova Parole in place is a discretionary action by the U.S. government that allows an individual who is in the United States without being properly inspected and admitted to be “admitted” into the country without leaving it. Parole in place can be applied for by members of the military families, as we ...

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H1B Lottery: To Play Or Not To Play

09 April 2016

Author: Work visas lawyer Alena Shautsova On April 7, 2016 USCIS announced that the cap for H1B petitions for the next fiscal year has been reached. It means that no new petitions subject to cap would be accepted. USCIS also announced that it received more petitions that the allocated quota and all received petitions subject to cap will be partici ...

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What Happens If Asylum Case Is Denied After The Interview?

21 March 2016

Author: Asylum lawyer Alena Shautsova Under the Immigration laws, an asylum applicant has to first submit his/her application for asylum with the administrative body or Asylum office of USCIS. The form i-589 and supporting documents are being sent to the address specified in the instructions to the form, and then an applicant has to wait for an in ...

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Change Of Status V. Adjustment Of Status

18 March 2016

Author: New York Immigration attorney Alena Shautsova Change of status occurs one an individual who already is in the United States in a lawful status wishes to change it to a different non-immigrant status. A person is admitted into the U.S. according to the intentions he/she has and depending on activities he/she will be engaging in the U.S. Fo ...

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Fighting Allegations Of Marriage Fraud

05 March 2016

Author: Green Card Lawyer Alena Shautsova A government’s allegation that a person committed marriage fraud for the purposes of avoiding Immigration laws in the United States, permanently bars the non-citizen from any and all Immigration benefits in the United States. Consider a case, where a non-citizen first tries to obtain a green card through f ...

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ESTA Travel Changes

05 March 2016

Author: US visa attorney Alena Shautsova Electronic System for Travel Authorization or ESTA allows citizens of certain countries to enter the United States without the need of a formal visa application. Recently, CBP updated its ESTA form to reflect changes to the Visa Waiver Program occurred in connection with the Terrorist Travel Prevention Act ...

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240 Day Rule For Work Visas

05 March 2016

Author: New York visa attorney Alena Shautsova One is authorized to work in the United States if his status permits him to do so (for example, an Asylee does not need a work authorization to accept employment or to be self-employed), or if he has an approved I-765 application (for example, L2 visa/status holders). A person whose status is pending ...

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U Visa Certification In NYC

22 February 2016

Author: New York Immigration lawyer Alena Shautsova A U visa is a non-immigrant status that can be bestowed on a victim of crime who cooperates with the law enforcement in its investigation. A U visa provides a path for the permanent residency, and an authorization to work in the United States. One does not need to be in a legal status to apply fo ...

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Changes To Visa Waiver Program

06 February 2016

Author: New York Immigration Attorney Alena Shautsova Usually, to come to one country from another, a person would have to obtain a visa, or permission. Citizens of the United States may travel without visas to many countries, but for some countries they do need to obtain visas. Non-U.S. citizens usually have to apply for a visa before coming to t ...

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Extending H1B Status After 6 Year Cap

03 February 2016

Employment Immigration Attorney Alena Shautsova An H1B worker may stay and work in the U.S. for a total of 6 years only. It means, that upon conclusion of the 6 -year period, the H1B holder has to leave the U.S., and will not be able to qualify for another H1B visa, unless he/she spends 1 year abroad. However, recognizing the need of the U.S. emp ...

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Religious Immigration: Qualifications And Requirements

01 February 2016

Author: New York Immigration lawyer Alena Shautsova A worker in religious vocation may apply for an R-1 visa after a corresponding petition was filed and granted on his/her behalf. In addition, such a worker may adjust his/her status to one of a permanent resident using Special Immigrant Status Petition, I -360. Religious vocation as per USCIS is ...

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R-1 Non-immigrant Visa For Religious Workers

27 January 2016

Author: New York Immigration lawyer Alena Shautsova Over time, a religious organization may encounter the need for a minister, religious worker in occupation, or religious worker in vocation who is currently stationed overseas. For religious organizations with an already established US bona fide non-profit organization the basic requirements for t ...

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P Is For Performing – P Non-immigrant Visa Overview

25 January 2016

New York Visa lawyer Alena Shautsova The P Non-immigrant visa category has four (4) separate classifications, P-1, P-2, P-3 and P-4. The main distinction between O and P visa is that the P visa is limited to a specific event whether it be a competition, sports season, tour, exhibition, a performance even. This limitation does not limit the indivi ...

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Waiver Of Expedited Processing Fee For O Visa Petitions

20 January 2016

Author: New York Visa Attorney Alena Shautsova To receive an O visa, a US employer or agent has to submit a petition on behalf of the O visa / status beneficiary. Usually, USCIS considers such petitions within 4-6 months, and recently there were serious delays in adjudication of O petitions. O status / visa petitioners have an option to "expedi ...

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I-9 Compliance For Employers

06 January 2016

Author: Alena Shautsova I-9 compliance is a necessity nowadays, and if you do not know what I-9 means you should at least read this article: I-9 Audit. Today’s article will be focused on internal audit that employers should conduct to avoid penalties for missed compliance. It is important to remember that employers cannot discriminate against empl ...

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Recourse For Widow(er)s After The Death Of The Beneficiary

06 January 2016

Author: Green Card Attorney Alena Shautsova We all know that life happens, and sometimes it happens unpredictably. It may occur that one who started the immigration process for his/her family members passes away and the beneficiary is left in the middle of a crisis unsure about his/her immigration status. For situations like that, USCIS created s ...

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New Proposed Rule Regarding Non-immigrant Work Visas

06 January 2016

Author: Visa lawyer Alena Shautsova The New Year comes with new proposed changes in work visas regulations. I would like to emphasize that the rule published is a proposed rule. It means it is not the law yet, and we can only speculate what the final result would be. However, it is worth to highlight certain proposed changes just to see the direct ...

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How To Get An O Or P Visa

28 December 2015

Author: New York Immigration attorney Alena Shautsova The US government offers some non-immigrant visas for people with extraordinary ability in the science, arts, education, business or athletics, or in the motion picture and television field. Such visas known as O visas, if granted, are usually given first for three years, and then can be extend ...

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Particular Serious Crime And Withholding Of Removal

09 December 2015

Author: New York Deportation Lawyer Alena Shautsova Withholding of removal often is the only form of relief for those who either missed their one year deadline to file an application for asylum, or those with previous immigration problems and in particular, previous removal. See 8 C.F.R. § 208.31(e) (describing “withholding-only” proceedings). T ...

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USCIS Reminder: Deadline To Register For Nepal TPS Is December 21

09 December 2015

Author: New York Immigration Lawyer Alena Shautsova It is extremely important to remember that the deadline to register for Nepal TPS is approaching. All persons who qualify, regardless of their status (or absence of status) are encouraged to apply for the TPS. The TPS provides an opportunity to be protected from the removal and also allows its be ...

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Sharing Good News

09 December 2015

Author: New York Immigration Lawyer Alena Shautsova This past month was very fruitful in terms of positive decisions by USCIS on our cases and we would like to share the good news. We had an I 601 waiver approved for one of our clients, along with Parole in Place for another one, and a PERM certification for a client who was waiting for it for a d ...

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Adjustment Options For K-1 Visa Entrants

05 November 2015

Author: VAWA attorney Alena Shautsova A K-1 visa is issued to a fiance of the U.S. citizen who is willing and able to get married to the U.S. citizen within 90 days of arrival. If everything goes well, the couple gets married and later, they apply for adjustment of status for the non-citizen. The marriages by K-1 visa holder and a U.S. citizen are ...

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Emergency Travel While Adjustment Of Status Is Pending

05 November 2015

Author: Green Card Attorney Alena Shautsova It has always been the case that one who applied for a permanent resident status while in the U.S. cannot travel outside the U.S. without a special permission if he/she does not wish to forego his/her application. For a while it was also the case that one who gets this special permission, could not retur ...

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Halloween Is Coming - Trick Or Treat, How To Choose An Attorney

29 October 2015

Author: New York Immigration attorney Halloween is coming, and with it the infamous question of children dressed as heroes or monsters at the door: Trick or Treat? I thought about this as an analogy of the legal field for a while and it really fits quite nicely. The point of Halloween for most children (especially when they get a bit older and kn ...

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Failure To Register For Selective Service And Citizenship

06 October 2015

Author: Citizenship Attorney Alena Shautsova Usually, when one tries to research information regarding naturalization requirements, he finds discussions regarding good moral character, physical presence requirements, criminal bars to citizenship, time in permanent residence status issue. However, there are other, less "popular" but nevertheless i ...

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US Parole Program For Filipino

06 October 2015

Author: Alena Shautsova A new exciting announcement came from the Department of Homeland Security last week. The DHS is creating a new parole program for Filipino and Filipino-American World War II. While the parameters of the programs are still under development, it is nevertheless very good news. Generally, a person who is paroled into the U. ...

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DV Lottery Is Back

06 October 2015

Author: Alena Shautsova It is that time of the year again: pumpkins, corn and fall mums mean that it is fall, and the Department of State again reopens its internet portal for the DV lottery players: www.dvlottery.state.gov. A few reminders for those who are considering trying their luck: 1. Read the Instructions Yourself, do not rely on anybody ...

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Informing Immigration About Change Of Address

29 September 2015

Author: New York Immigration lawyer Alena Shautsova From time to time people move from one address to another. While it is not a big deal for a U.S. citizen, for somebody who is not a citizen, and maybe not even a permanent resident, the move may have drastic consequences in connection to their Immigration status. Being in a rush, having a lot o ...

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Adjustment Of Status After A Or G Diplomatic Visa

16 September 2015

Author: Green Card Attorney Alena Shautsova Usually, a person holding a diplomatic visa is ineligible to adjust their status to that of a lawful permanent resident. (A visas and status are for employees and representatives of diplomatic missions, G visa and status are for the employees and representatives of foreign and international organizations ...

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Understanding Temporary Protected Status

07 September 2015

Author: Deportation Attorney Alena Shautsova Temporary protected status or TPS is a form of deferred action, a permission by a US government to stay in the US whose countries’ conditions are such that do not permit safe return of its nationals. To be able to apply for TPS, a person has to be a national of the country which was designated by the U ...

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How To Ask For Asylum

07 September 2015

Author: asylum lawyer Alena Shautsova Asylum is a status that is given to a person who cannot or is not willing to return to his/her country. Asylum law in most countries is defined by the International Convention on Refugees that was adopted by many countries, some with reservations. There are just a couple of countries which are not parties ...

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Average Time For Asylum Interview

01 September 2015

Author: New York Asylum Attorney Alena Shautsova The average time for one to be called for an interview after submission of asylum application is approximately 20-24 months. However, to be more precise, the time depends largely on the jurisdiction and certain other circumstances, but in general, 20-24 months would be a fair estimate. The intervi ...

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When An Amended Asylum Application Is A New Application

22 August 2015

Author: New York Asylum Attorney Alena Shautsova When one files an application with the USCIS or court, one commits an important act of securing a deadline and a filing date, and also availing himself to the laws and regulations that are in effect on the date of filing. It means that the act of filing of an application has serious consequences for ...

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I-130 Petition And Immigrant Visa (Adjustment Of Status)

19 August 2015

Author: green card lawyer Alena Shautsova Recently an interesting case came into my office where the individual said that he had applied for his mother to come to the US through immediate relative I-130 petition. His I 130 petition was approved and his mother’s Immigrant Visa was approved. The issue at question was trying to save 6 months’ worth o ...

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7 Harmful Effects Of Visa Fraud

18 August 2015

Author: US Visa lawyer Alena Shautsova Visa Fraud can be the result of sloppy proofreading or misrepresentation of material fact for the purpose of illegal gains. Either way, these “mistakes” can land you in big trouble from present until future. The most common “fraud” is omission of material facts. For Example you do not disclose that your relat ...

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5 Most Challenging Obstacles For Adjustment Of Status (And Their Solutions)

07 August 2015

Author: green card lawyer Alena Shautsova A Recent Success We were able recently to persuade the US government that the couple who was sufficiently accused of a fraudulent marriage, in fact had a bona fide marriage. As a result, the non- citizen was finally granted adjustment of status and was cleared of all accusations. The key in solving this ...

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My Activities As A Delegate Of The American Bar Association

07 August 2015

Author: attorney Alena Shautsova Many of you have called my office this week and were not able to reach me as I was out of state. I have decided to include here a brief overview of my activities outside of the office, so you too can share any concerns with me regarding the points I will mention here and contribute to the process of improving our j ...

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Simplified Eligibility Requirements To Qualify

01 August 2015

Author: Deportation Lawyer Alena Shautsova 3 Simplified Eligibility requirements to Qualify For Cancellation of Removal for Non -Permanent Residents A relief from removal in the form of Cancellation of Removal has been around since 1996, but many eligible individuals still are unaware that they qualify for Cancellation of Removal. One caveat for ...

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Proving Hardship For Immigration Waivers

30 July 2015

Author: Hardship Waiver Attorney Alena Shautsova A person applying for most Immigration waivers in the US, needs to prove an "extreme hardship" to a qualifying family member in order for the application to be granted. When it comes to Hardship waivers it can be frustrating to receive information as general as “proof of hardship”, especially when ...

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Can I Bring My Fiance To The US On A Tourist Visa?

07 July 2015

Author: New York immigration lawyer Alena Shautsova One of the common questions I receive through online inquires is related to bringing family members to the US. While I already have a number of articles regarding this topic (See Adjustment Of Status For K-1 Visa Entrants), I would like to focus here on a fiancé visa. In most cases of family imm ...

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Disclosure Of Criminal Record In Connection With Immigration Benefits

26 June 2015

Author: Deportation Attorney Alena Shautsova Many people who are filling out Immigration forms are asking this question: do I need to disclose my expunged conviction?; or Do I need to disclose my charges if they were dismissed?; or Do I need to disclose my juvenile conviction? Many are confused, because often their Criminal Defense attorneys in ...

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How To Pass A Stokes Interview

17 June 2015

Author: US Visa Attorney Alena Shautsova If your green card application is based on marriage to a U.S. citizen, you will be called for an interview with a USCIS officer. During your initial interview with USCIS you may ask you to come back for a second interview, also known in New York as a Stokes Interview. It is important to remember that this ...

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Employment Authorization for Spouses of H1B Holders

02 June 2015

Author: Employment Immigration attorney Alena Shautsova On May 26, 2015 USCIS started to accept employment authorization applications, form I 765, by certain spouses of H1B visa holders. Traditionally, spouses of H1B visa holders, H4 dependents, were not eligible for an employment authorization. As one of the measures by the President aimed to imp ...

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Updates On Status Of Immigration Reform (New DACA and DAPA)

05 May 2015

Author: New York Immigration attorney Alena Shautsova The 5th Circuit Court of Appeals is yet to rule on the issue of new DACA and DAPA. The parties presented their oral arguments on April 17, 2015. So far, the court is still considering the issue. On April 7, 2015 the Court ruled on old DACA lawsuit and found that the plaintiffs did not have sta ...

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Expedited Citizenship

05 May 2015

Author: Citizenship Immigration Attorney Alena Shautsova There are different ways one may obtain a U.S. citizenship: through birth in the U.S. or its territories; acquire U.S. citizenship automatically through parents or obtain it through naturalization process. The naturalization process covers those who first receive permanent resident status o ...

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Online Free Immigration Law Seminars

05 May 2015

Author: Immigration lawyer Alena Shautsova Law office of Alena Shautsova has launched online free Immigration law seminars. Every Wednesday at 9:00pm EST we hold discussions on various Immigration topics. The recordings of the previous seminars can be found online at: The past topics include: Immigration waivers, I601A waiver; US removal proc ...

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Legally Speaking: Good Moral Character Under Federal Immigration Law

14 April 2015

Author: New York Immigration attorney Alena Shautsova When applying for different forms of relief during deportation proceedings, sometimes one is required to show good moral character. This is a very vague term and many people get confused whether or not they possess a good moral character in the eyes of the adjudicator. This article will outline ...

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How To Receive Prosecutorial Discretion From ICE

03 April 2015

Author: NY Deportation Attorney Alena Shautsova Prosecutorial discretion is a form of government action that allows a non-citizen to avoid drastic consequences of immigration law violations. ICE or Immigration and Custom Enforcement has broad powers in connection to an individual who is subject to its authority: ICE may choose not to send the case ...

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DAPA / DACA Updates

03 April 2015

Author: New York Immigration Attorney Alena Shautsova On the first date of supposed implementation, a federal Judge in Texas has blocked Obama’s immigration reform regarding parents of the U.S. citizens and permanent residents (DAPA) and new improvements to deferred action for childhood arrivals. As a result, the old DACA applications are not affe ...

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Role of The Executive Branch In Private Bill Process

21 March 2015

Author: Green Card Lawyer Alena Shautsova The Executive branch of government may undertake the following actions in connection with a Private Bill: Presidential Veto. Recommendations of which public laws can be utilized. Stays of removal and preparation of reports upon the request of Congress. Rarely the executive branch shows any interest ...

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What happens After My Case Is Filed?

04 March 2015

Author: New York Immigration lawyer Alena Shautsova Have you wondered what happens to the papers you send to USCIS? How do they need to be arranged? Do you need to call USCIS to make sure they received your filing? How to write a check for the Immigration filing fees? First, the case or filing has to be assembled in a certain way so that USCIS so ...

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Immigration Reform Updates: What happened with the new DACA and DAPA

04 March 2015

Author: New York Immigration lawyer Alena Shautsova On November 20, 2014, President Obama announced a series of measures that are supposed to improve the current immigration system. Among them were the new DACA and DAPA. The USCIS was supposed to start accepting applications for the new DACA on February 18, 2015. However, on February 18, 2015, a ...

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Private Bills Concerning Immigration Matters

25 February 2015

Author: Green Card Attorney Alena Shautsova Should I Bring My Private Bill Before The Senate, Or The House Of Representatives? A private bill in Immigration contents is a law passed for a specific person. A private bill is initiated when someone contacts their representative or senator to sponsor the bill. The House and the Senate, each has its ...

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Allowed to Stay in the US, But Not Eligible to Adjust Status

20 February 2015

Author: Green Card Lawyer Alena Shautsova One of the most peculiar cases in Immigration Law is when a person lives in the US and technically can apply for some sort relief, but is subject to an Immigration bar, most likely due to criminal issues. It is a tough case and can cause a person to be stuck in limbo, sometimes, indefinitely. The biggest p ...

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