New York Lawyer's Legal Updates

NYPD To Issue Tickets, Not Arrests, For Marijuana

06 July 2018

Author: Green Card Attorney Alena Shautsova      An arrest and a pending charge would prevent a person from acquiring a green card or citizenship. A conviction of possession of more than 30g of marijuana can result in one’s deportation… Some misdemeanors or criminal violations pose a problem when applying for permanent residenc ...

Full article »

What To Expect At The Interview For The Removal Of Conditional Residency

11 June 2018

Author: Bex Montz, edited by New York Immigration lawyer Alena Shautsova There are many reasons why USCIS may call you for an interview in connection with your application for a removal of conditions. Interviews are not necessarily an indication of a problem with an application, however, it is suggested that an applicant seek legal counsel if USCI ...

Full article »

245(i) Adjustment Of Status

04 April 2018

Author: New York Green Card Lawyer Alena Shautsova I bet that almost every long-term US immigrant has heard of the 245i law. But I have noticed that many have misconceptions about the statute that how it actually can be used for a person’s benefit. 245(i) allows to adjust status without leaving the US for those who: entered the US without insp ...

Full article »

Stuck I 751 Petition

12 February 2018

Author: Green Card Attorney Alena Shautsova An I 751 petition is a petition that has to file by a conditional resident who received his/her status based on marriage. Without the grant of the I 751 petition, a person’s application for citizenship (naturalization) would not be granted. It is a necessary step towards “legalization” in the US. I ...

Full article »

2017 Immigration Rollercoaster

05 January 2018

Author: New York Green Card Attorney Alena Shautsova 2017 was a year of unimaginable change within the field of Immigration Law. Orders of supervision were not renewed, TPS for certain countries was not extended. An entrepreneurship program was passed to help small entrepreneurs start a business in the US, however, minutes after its passing it ...

Full article »

What Happens When LPR Spends Long Time Overseas

11 November 2017

Author: Green Card Lawyer Alena Shautsova A green card holder or a lawful permanent resident, is presumed to have settled in the United States after the receipt of the status. As such, the law states, that if an LPR spends too much time abroad, he/she can lose the green card. Often, the issue arises in the airport upon the LPR’s arrival after a s ...

Full article »

Work Authorization And Social Security Number Will Be Issued Together

05 October 2017

Author: Green Card lawyer Alena Shautsova USCIS has recently changed its I 765 work authorization application. Now, certain applicants who have never had a social security number in the US, will be able to obtain it simultaneously with the work authorization. An EAD or employment authorization card allows certain applicants to start legally worki ...

Full article »

Self Sponsorship For A US Green Card

05 October 2017

Author: Green Card lawyer Alena Shautsova Many are aware that in order to get a green card or permanent resident status in the US, one has to have a family member or a job to sponsor him/her. But there are situations when a person can actually sponsor him/herself, without the need of an “outside” sponsorship. Here, I will list the most common situ ...

Full article »

MAVNI Program May Be Canceled

06 July 2017

Author: Green Card attorney Alena Shautsova MAVNI or Military Accessions in the National Interest program allows non-immigrants to join US Military forces and obtain citizenship via expedited way. It was first authorized by President Obama in 2009. On July 3, 2017 National Public Radio reported that Pentagon has plans to eliminate MAVNI progra ...

Full article »

EB1 Extraordinary Ability: Self-Petition For A Green Card

24 June 2017

Author: US Green Card lawyer Alena Shautsova Many are aware that to immigrate to the USA or to stay in the USA, one needs to be sponsored by a US citizen spouse or a 21 years- old US citizen child, or an employer. There is also an investment option that requires substantial capital to be put into the US economy. However, it is possible to sponsor ...

Full article »

Green Card: More Than Proof Of Status

07 June 2017

Author: Green Card Attorney Alena Shautsova Many consider a green card to be just a document that proves one’s status. People treat it as a passport, keep it away from those who can put a wrong spell on it… But little do they know that they must have that green card with them at all times. The law states the following: Every alien, eighteen year ...

Full article »

Advance Parole Explained

06 March 2017

Author: Green Card Attorney Alena Shautsova An advance parole is a permission to enter the United States after a brief travel abroad while holding certain status or applying for an adjustment of status. If a person files an adjustment of status application and then travels outside the US without advance parole, the person’s application is consider ...

Full article »

I-751 Removal Of Conditions After Divorce: Supporting Evidence

03 January 2017

Author: Green Card Lawyer Alena Shautsova The removal of one’s conditions on one’s permanent resident status is difficult to accomplish for married couples who have a true bona fide marriage. Without professional help or guidance of an attorney it can be cumbersome for couples who are camera shy, haven’t consolidated their bank accounts into join ...

Full article »

Green Card For Parents: Benefits Available

22 December 2016

Author: Green Card attorney Alena Shautsova Many United States citizens would like to sponsor their relatives into the United States. The fastest tracks for family members are available for parents and spouses of the United States citizens, as well as children (including step-children) but only if the petitions for children are filed before their ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

TPS as Basis for Adjustment of Status

08 January 2015

Author: Green Card Attorney Alena Shautsova Temporary Protected Status (“TPS”) allows a person to stay in the US legally and work because the conditions in the person’s country are so unfortunate that the US government allows a person not to return there. The current list of countries designated for TPS can be found at USCIS website.... For exa ...

Full article »

Can I Adjust My Status After Entering The Country On A Visa Waiver Program?

18 November 2014

Author:Green Card Lawyer Alena Shautsova The rule of thumb for a person trying to adjust their status on a VWP (Visa Waiver Program) will be eligible for adjustment of status based on an immediate relative petition filed within the 90 day preauthorized period of stay. Make sure you are otherwise eligible for an Adjustment of Status. If you have ...

Full article »

Can I get a Green Card after Divorce or Separation from a US citizen?

05 November 2014

Author: New York Green Card Attorney Alena Shautsova When a non-US citizen marries a US citizen, he/she can obtain legal status in the US though the sponsorship filed by the US citizen. If a foreign spouse is overseas, the US citizen has to file a family petition and then the foreign spouse will apply for an immigrant visa; if the foreign spouse i ...

Full article »

Can I get a Green Card after Divorce or Separation from a US citizen?

05 November 2014

Author: New York Green Card Attorney Alena Shautsova When a non-US citizen marries a US citizen, he/she can obtain legal status in the US though the sponsorship filed by the US citizen. If a foreign spouse is overseas, the US citizen has to file a family petition and then the foreign spouse will apply for an immigrant visa; if the foreign spouse i ...

Full article »

Green Card Lottery Rules And Pitfalls: Time To Play!

04 October 2014

Author: Green Card Attorney Alena Shautsova US Diversity Visa Lottery or green card lottery as some call it, is a program that allows to choose candidates for the permanent residency in the US from a pool of certain countries. The lucky persons will be able to apply for an immigrant visa and move the US with the whole family ( spouses and children ...

Full article »

Green Card Based on Extraordinary Ability (EB 1A)

07 March 2014

Author: Green Card Attorney Alena Shautsova A person who can demonstrate an extraordinary ability in some fields, may sponsor him or herself for the permanent residence in the US without an employer’s petition. The fields are the following: Sciences Arts Education Business Athletics An extraordinary ability is defined as a level of exper ...

Full article »

Green Card Process

04 December 2013

Author: Green Card Attorney Alena Shautsova How to Get a Green Card for Parents Parents of those US citizens who are over the age of 21 qualify to be what the USCIS considers an "immediate relative". Immediate relatives do not have to wait in line for visas because there is no cap for this particular category of an immigrant visa. Sponsoring pare ...

Full article »

Green Card Based on DV Lottery

29 October 2013

Author: Green Card Lawyer Alena Shautsova US green card based on DV or Diversity Lottery is a program established by the US government that helps to maintain diversity of the immigrants in the United States and gives applicants a chance to “win” status of a permanent resident without having to be sponsored by a family member or an employer. First ...

Full article »

Green Card Based on Employment

04 September 2013

Author: Green Card Attorney Alena Shautsova Employment based green card implies different options: first, the employment based visas maybe immigrant (EB) and non-immigrant (visas category H, L, O, P, etc. please see Non-Immigrant US visas here). Non Immigrant visas are given for temporary stay in the US, and the implication is if the person would ...

Full article »

Green Card Based On Investment

14 August 2013

Author: US Green Card Lawyer Alena Shautsova A substantial investment is one of the ways of receiving residency in the United States. This type of immigration can also be referred as EB-5 visa. What is an EB-5 visa? The the Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through jo ...

Full article »

Green Card Based on VAWA

12 August 2013

Author: US Green Card Attorney Alena Shautsova VAWA stands for Violence Against Women Act. It is a law that allows victims of domestic violence, those who are or were in certain relationship with a US citizen or a U.S. permanent resident to sponsor themselves into the country without the help of the abusive US citizen or permanent resident. The la ...

Full article »

Winning DV Lottery and Next Step

14 May 2013

Author: US Green Card Lawyer Alena Shautsova May is the time of the year when applicants for the Diversity Lottery learn if they were selected for further processing. Typically, the number of those selected is much higher than the number of available immigrant visas. Why? Because many applicants will be disqualified based on misrepresentation in t ...

Full article »

How To Bring Your Fiance To The United States: Green Card Through Marriage

30 March 2013

Author: Green Card Lawyer Alena Shautsova Often, US Citizens would like to get married to a person from overseas, and then they face a question of how to bring the non-U.S. citizen to the United States. Generally speaking, it can be accomplished via these options: Fiance K-1 Visa This visa is suitable for those couples that are not sure if they ...

Full article »

What Documents Do I need to File To Get Green Card Through Marriage?

02 March 2013

Author: Green Card Attorney Alena Shautsova After the US citizens marries a non-citizen they need to file certain application forms and supporting documents so that the non-citizen can adjust status to become a permanent resident or a green card holder. It is important to know that if a non-citizen entered the country illegally she/he will need a ...

Full article »

Impact Of Criminal Conviction Of Domestic Violence On Adjustment Of Status

18 December 2012

Author: US Green Card Lawyer Alena Shautsova A non- US citizen who has a criminal conviction in the United States may still be eligible to adjust status to one of a permanent resident. Every criminal conviction must be analyzed separately and together with the any other criminal convictions that an alien has. When applying for an adjustment of st ...

Full article »

Transportation Letter or Boarding Foil

31 October 2012

Author: US green card lawyer Alena Shautsova Recently I have received many requests for assistances from my clients, permanent resident (LPR) who left the country and lost their green cards abroad. They asked me if there is a way for them to come back to the United States without applying for a green card. Yes, there is a way. A lawful permanent ...

Full article »

Child Protection Status Act and Priority Date

28 September 2012

Author: US green card lawyer Alena Shautsova Child Protection Status Act and Priority Date: 9th Circuit Rejects BIA Decision in Matter of Wang. For many, obtaining a green card in the US is a happy event, but for many, it means that they will be separated with their children for quite some time. The following scenario is a common one: a parent o ...

Full article »
Watch Our YouTube Channel Free Legal Videos