New York Lawyer's Legal Updates

Renewing I 485 Application In Immigration Court

12 October 2018

Author: New York Deportation Attorney Alena Shautsova Adjustment of status application I 485 is usually filed with USCIS. In fact, it has to be filed with USCIS unless the person in removal proceedings. In removal proceedings, only the Immigration Judge will have jurisdiction to make a decision on I 485 form apart form certain very narrow except ...

Full article »

Relief From Deportation Cancellation Of Removal: Good Moral Character

24 May 2017

Author: Deportation attorney Alena Shautsova Cancellation of removal is an application for green card before an Immigration judge that can be filed by either a permanent resident or an “undocumented” person, a person with no status at all, in certain situations. The way this process works is that first a person has to demonstrate that he/she stat ...

Full article »

What To Do If ICE Visits Your Home Or Work

07 April 2017

Author: Deportation Lawyer Alena Shautsova With the Trump administration planning to deport millions of people, it is good to get prepared for an encounter with ICE officers. Many people wonder how ICE officers decide who to visit and who to check. The specific information ICE officers are using when planning their raids, generally speaking, ICE ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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. ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

When Jurisdiction Exists To Challenge ICE For The Denial Of Bond

29 December 2014

Author: Deportation Attorney Alena Shautsova ICE will have sole discretion and jurisdiction of an Immigration Judge does not exist to challenge the bond or parole determination in the following instances: That of an “Arriving Alien” whether they are a Lawful permanent resident or not. Individuals subject to mandatory detention. Individuals ch ...

Full article »

ICE Denial Of Bond, Is It Still Possible To Receive Bond Or Parole?

29 December 2014

Author: Deportation Lawyer Alena Shautsova Yes, in certain instances after ICE has denied a bond you may appeal through “Judicial Review”. If jurisdiction exists you may be eligible for an appeal through judicial review if all of the following can be proven: ICE has abused its power – when the government deems the release of the petitioner pos ...

Full 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 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 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 regu ...

Full 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 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 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 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 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 article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

Do I Have To Prove I Am Innocent For Immigration Purposes (Shoplifting)?

07 December 2012

Author: US Deportation Lawyer Alena Shautsova I receive frequent inquiries from non US citizens (people who are in the US on F1 or B1 visa; or those with a green card but no citizenship) who ask me the same question: if they were charged with a shoplifting charge, do they have to prove their innocent to avoid deportation? First, a person accused ...

Full article »

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, ...

Full article »

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 ...

Full article »

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 ...

Full article »

Is It Beneficial To Act As A Defense Witness If You Are Deportable?

21 September 2012

Author: US deportation lawyer Alena Shautsova It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offering t ...

Full article »

Same Sex Marriage Lawsuit Challenges DOMA as Applied to Immigration

Author: Lawyer Alena Shautsova Recently, a same sex couple in California filed a lawsuit in federal court to challenge the deportation of same sex couples. The Defense in Marriage Act (DOMA) is a federal law passed in 1996 that only recognizes marriages of opposite sex couples. This particular case is brought by Jane DeLeon ...

Full article »

ICE Heightens Actions to Deport Immigrants with Criminal Records

Author: Immigration lawyer Alena Shautsova Mid May, U.S. Immigration and Customs Enforcement (ICE) reorganized its efforts to beef up ICE fugitive search teams all over the country. The focus is on locating and deporting undocumented immigrants with criminal records. According to an article in the L.A. Times the number of agents tasked to these te ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

How Prosecutorial Discretion Relates to Cancellation of Removal

Author: Law Office of Alena Shautsova The legal term "prosecutorial discretion" has taken on a new emphasis and become a pivotal factor in the outcomes of certain deportation and removal cases. Prosecutorial discretion refers to "the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particula ...

Full article »

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 ...

Full article »
Watch Our YouTube Channel Free Legal Videos