New York Lawyer's Legal Updates

It Will Be Harder To Get 237(a)(1)(H) Fraud Waiver After BIA Decision

01 November 2022

Some people believe that the easiest way to get a green card in the United States is through marriage to a US citizen. In reality, this is not the case. Why? It is so because if one does not have enough evidence, or made some mistakes during the process, if the marriage falls apart in the process, a person may be accused of marriage fraud with v ...

INA 212 (C) Relief For Permanent Residents

26 July 2020

Author: NYC Immigration lawyer Alena Shautsova In the field of US Immigration law, very often the laws are not overwritten when a new law comes into effect. Therefore, if the law is written in a way to allow relief for individuals with eligibility requirements met before a specific date when a new law changes the eligibility requirements, the old ...

212(k) Waiver: How And When To Use It

14 June 2020

Author: NYC Immigration lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps immigrants to overcome grounds of inadmissibility and deportability. The US Immigration laws provide for a number of waivers or forgiveness for certain immigration violations. Which waiver to use and when maybe not so easy to determine: each waiver has it ...

I 601A Waiver Revocation Based On Public Charge

08 August 2018

Author: I 601A Waiver Attorney Alena Shautsova I 601A waiver allows an individual to return to the US when otherwise inadmissible due to unlawful presence. The good thing about this waiver that a person can stay in the US while waiting for the decision to be made on the waiver, and the person does not have to leave the US if the waiver is not appr ...

Provisional I 601A Waiver: Available For Those Who Were Deported As Well

12 June 2017

Author: Immigration waivers attorney Alena Shautsova A provisional waiver is a tool that helps those who entered the country illegally or without inspection but now can be sponsored by their US citizen or permanent resident spouse, parent, child, DV lottery or job. This person must also demonstrate extreme hardship to a US citizen or green card ho ...

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 ...

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 ...

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 on March 3, 2013. Recently, the waiver was expanded allowing more applicants to qualify for it. The I-601A provisional waiver allows certain relatives of the US citizens and spouses or children of lawful ...

Colorado Repeals Immigration Law Provision about Reporting Suspected Status Violations

26 April 2013

Author: US Immigration Attorney Alena Shautsova In 2006, Colorado passed a law requiring that law enforcement officials report people who were suspected of immigration law violations to federal authorities. At the beginning of April, 2013, the Colorado legislature repealed this immigration law provision. According to a Fox News article, test ...

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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