New York Lawyer's Legal Updates

Asylum Interview: Current Scheduling Times

04 October 2018

Author: US Asylum Attorney Alena Shautsova In early 2018, DHS changed drastically its practices related to the scheduling of asylum interviews. If previously an applicant for asylum could stay in line for the interview for years, nowadays more than 50% of cases are scheduled for the interview within 43 days of the filing dates. It means that those ...

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Recent Developments In Asylum Law For Victims Of Gang And Domestic Violence

14 June 2018

Author: Sheila Barabino, edited by Asylum Lawyer Alena Shautsova Asylum seekers can make claims that they suffered persecution that is related to one of five categories: race, religion, nationality, political opinion or their particular social group. The Board of Immigration Appeals set a precedent in 2014 that allowed married women who are unable ...

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Material Support Bar For Asylum

11 June 2018

Author: US Asylum Attorney Alena Shautsova A person who is coming to the US in pursuit of asylum will be forgiven for illegal entry, certain immigration fraud, and misrepresentation, overstay of their legal time in the US, and some other violations of the US Immigration laws. If a person is convicted of certain crimes or admitted to committing cer ...

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NOID In Asylum Cases

03 May 2018

Author: Asylum lawyer Alena Shautsova NOID or Notice of Intent to Deny is a document that might receive from a US asylum office after he/she appeared for an interview. While it is not a denial, it is an indication that an asylum officer intends to deny your claim. The notice usually will specify the reasons for such intent: perhaps, it will rev ...

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Asylum: Family As A Social Group And Ms-13 Gang

05 March 2018

Author: Asylum Lawyer Alena Shautsova A family as a social group for the purposes of asylum claims is a relatively new trend: the Board of Immigration Appeals (BIA) recognized the family as a social group in 2011. The law is not settled yet, however, and many cases are hard to win at the first level, especially if the one-year deadline was los ...

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Asylum One Year Filing Deadline Exception: Changed Circumstances

20 January 2018

Author: Asylum Attorney Alena Shautsova Ordinally, a person who would like to ask for asylum in the United States has to do so within one year of his/her entry. However, if one missed the deadline, the law provides him/her with a second chance in certain situations, but only if the person acts within a reasonable time. One such a situation is whe ...

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USCIS V. EOIR: Jurisdiction In Asylum Cases

05 January 2018

Author: US Asylum lawyer Alena Shautsova An asylum process in the US will depend on whether a person is filing for asylum when he/she is in Immigration court proceedings (defensively), or if he/she files for asylum proactively without being placed in Immigration court proceeding (affirmatively). Whether an application has to be submitted to t ...

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Recent News In Immigration: Changes That Might Come Sooner Than We Expect

03 November 2017

Author: New York Asylum Lawyer Alena Shautsovaa The last day of October 2017 was truly horrifying, and not only for New Yorkers who had to face yet another attack, but I believe for the whole world community of people who are tired of hatred and violence. As we all know, President Trump reacted immediately and defensively: he suggested that the D ...

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Trump Administration Announced New Immigration Priorities

10 October 2017

Author: US Asylum Lawyer Alena Shautsova On October 8, 2017, President Trump released new Immigration priorities. The US will head in the direction of limiting family based immigration, as well as refugee-based immigration and favoring immigrants with high skills. Fewer people will qualify for visas and green cards, and fewer green cards will be ...

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Asylum: Can I Win Asylum Because My Family Is Targeted By Gangs?

24 August 2017

Author: Asylum lawyer Alena Shautsova I have written in the past about the various developments in the area of asylum law as it relates to the claims of persecution based on family as a social group. I would say that now, there are two definite trends how those claims are addressed by the courts and Immigration Judges. Based on numerous denials of ...

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Asylum: Family As A Social Group

07 August 2017

US Asylum Lawyer Alena Shautsova Claiming asylum based on persecution as a member of a particular family became more and more widespread in recent years. While the courts, attorneys and applicants keep struggling with the concept, here are some points that one may learn from the recent cases and how the higher, Federal courts consider such claims. ...

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Objective V. Subjective Fear In Asylum Cases

30 April 2017

Author: US Asylum Lawyer Alena Shautsova To win one’s asylum case in the United States, a person has to prove past persecution or reasonable fear of future persecution on account of a protected ground. Fear is only fear unless and until it martializes in specific harm. Why some “fear” will get you an asylum in the United States and a green card, a ...

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Credible And Reasonable Fear Proceedings Revised

26 February 2017

Author: USA Asylum lawyer Alena Shautsova Following the orders by Department of Homeland Security (the “DHS”), USCIS has revised its training materials on Credible and Reasonable fear assessments. It happened because the new administration is trying to streamline the expedited removal process for those who are surrendering themselves at the border ...

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Asylum Pending Status Explained

19 December 2016

Author: Asylum attorney Alena Shautsova An applicant for asylum often lists his/her status as "asylum pending", and often, people who have applied for asylum in the United States have some misconceptions as to what this “asylum pending” status entails. One of the most common misconception is that a person who came to the United States in some leg ...

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Asylum: How An Address May Impact The Result Of Your Case

15 December 2016

Author: Asylum attorney Alena Shautsova Asylum process in the United States may be classified into two big groups: an affirmative asylum process and a defensive asylum process. The first one is happening when an applicant filed for asylum without being in removal/deportation proceedings. In this case, it is USCIS Asylum office that would have jur ...

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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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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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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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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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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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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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Changed Country Conditions: Filing Asylum After One Year Deadline

08 January 2015

Author: New York Asylum Attorney Alena Shautsova Under the current law, a person seeking asylum must file his/her claim within one year of entering the US. An entry to the U.S. can be verified by evidence of inspection and admission; documents proving that the undocumented person was stopped at the border or by presenting a detailed affidavit desc ...

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Parole for Children from Honduras, El Salvador and Guatemala

09 December 2014

Author: Asylum attorney Alena Shautsova USCIS has announced another important initiative for parole for children from Honduras, El Salvador and Guatemala to request to bring their children to the United States as refugees via US Refugee Admission Program (“RAP”). The applications will be considered on case by case basis, and if there are strong h ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 requiremen ...

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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 ...

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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 politi ...

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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 ...

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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 ...

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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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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 fear ...

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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 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 (en ...

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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 everythin ...

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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, article ...

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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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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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Can I Bring my Family to the US After I Received an Asylum Status?

Author: Law Office of Alena Shautsova A person granted asylum in the United States may bring his spouse and children (unmarried and under 21 at the time the USCIS receives the application for asylum). Such an application (FORM I-730) has to be filed within the two years after the grant of asylum. However, failure to file wi ...

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