New York Lawyer's Legal Updates

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 ...

How Is Deportation Processing Similar and Different from Criminal Proceedings?

03 April 2013

Author: Deportation Lawyer Alena Shautsova When facing deportation, it helps to know what the legal process involves and also to have a competent immigration lawyer to help defend your rights. Despite the fact that deportation is a civil or administrative procedure it bears similarities to the criminal justice process for arrest and booking. When ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

Continuous Presence For Cancellation Of Removal For Non-permanent Residents And EWI

22 November 2012

Author: New York Deportation Attorney Alena Shautsova You probably have heard that if a person entered the country illegally, “nothing can help him” to obtain legal status in the United States even if she/he marries a US citizen. Well, it is not quite true. It is very difficult for such a person to obtain a status, to wit: most of the time they ...

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