New York Lawyer's Legal Updates

Waiver For Travel Ban 3.0

06 December 2018

Author: New York Immigration lawyer Alena Shautsova In June of 2018, the US Supreme court allowed Trump’s Travel Ban 3.0 to be implemented. According to this Ban, nationals of certain countries cannot receive a visa or enter the US without a waiver. The country affected by the Ban are Iran, Libya, North Korea, Somalia, Syria, and Yemen. Accordin ...

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New Proposed H1B Regulations

06 December 2018

Author: New York Immigration Attorney Alena Shautsova President Trump ordered Immigration authorities to make changes to the employment Immigration law, and the changes are coming. The administration posted a copy of the proposed H1B rules that would change the landscape of the H1B immigration. Specifically, the new rules would require all emp ...

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Immigration Changes: How US Midterm Elections Can Affect Your Status

08 November 2018

Author: US Immigration Attorney Alena Shautsova 2018 midterm elections are over: Republicans won the Senate, and Democrats the House. It means that now, more than ever, the Congress will be divided, and any law will be even harder to pass. The Senate has some important powers that would limit all House’s initiatives to challenge the current pow ...

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Marriage Fraud And 237(a)(1)(H) Waiver

20 October 2018

Author: New York Immigration Lawyer Alena Shautsova False statements during the immigration process generally make a person inadmissible and deportable but eligible for a waiver. However, some particular statements come with even worse consequences: permanent bar from the US and disqualifier for any immigration benefits. For example, claims to US ...

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New NTA Policy Starting October 1, 2018

28 September 2018

Author: New York Immigration Attorney Alena Shautsova NTA or Notice to Appear is a charging document with the filing of which starts a removal (deportation) proceeding against a person in the US. Ordinary, it would be ICE (or immigration “police”) that would issue an NTA after it determined there are grounds for a person’s removal from the US. P ...

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Warning: New Regulations Regarding Public Charge Will Affect Thousands

26 September 2018

Author: New York Immigration Lawyer Alena Shautsova DHS has published an advance copy of the Public Charge Rogations. A “public charge” inadmissibility ground has been in the US laws for a long time, but the way the government officials were have been considering cases now is going to change. Ordinarily, when a person is being sponsored for a ...

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Matter Of BERMUDEZ-COTA

07 September 2018

Author: New York Immigration Lawyer Alena Shautsova Just a few months ago, the entire Immigration community became very excited after the US Supreme Court held that the Notice to Appear that does not list specific date and time for the hearing cannot be used for the “stop-time” rule purposes, opening the door for thousands of immigrants to reope ...

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New Standards For Continuance Requests In Immigration Court

17 August 2018

Author: New York Immigration Attorney Alena Shautsova A continuance in Immigration court can be a necessity: you might need to ask the Immigration judge to postpone your hearing for a later date because you submitted a petition/application for USCIS and its outcome will determine your case; or because you need more time to find an attorney; or bec ...

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DACA May Be Restored

08 August 2018

Author: New York Immigration Attorney Alena Shautsova DACA is a temporary protection from deportation for childhood arrivals was implemented by President Obama. President Trump’s administration decided to scrap the program, and the people pushed back. Recently, a Federal judge in Washington DC ordered the entire program be restored by the govern ...

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What Are The Special Immigrant Juvenile Status Requirements?

19 June 2018

Author: Sheila Barabino Special Immigrant Juvenile Status (SIJS) is an avenue for undocumented children to obtain legal and permanent residency status in the US if they cannot be reunified with one or both parents due to abuse, neglect, or abandonment, and it is not in their best interests to be returned to their home country. Before a child can ...

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How To Prepare For An Individual Hearing In Immigration Court

05 June 2018

Author: New York Immigration Attorney Alena Shautsova An Individual hearing in Immigration court is basically a trial, a day when one’s application will be heard on merits. First, you will need to get familiar with the Immigration Court Practice Manual and read when and what you can submit. If the judge did not specify when you need to submit t ...

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When Vacated Conviction Sill Counts For Immigration Purposes

20 April 2018

Author: New York Immigration Attorney Alena Shautsova You had your conviction vacated, and now you believe you have a “clean record.” It is time for your Immigration application, and you are wondering if you even need to mention that you were convicted, after all, that conviction is no longer valid... Well, it might be true that you are “not conv ...

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Immigration Benefits For Military Members And Their Families

04 April 2018

Author: New York Immigration Lawyer Alena Shautsova U.S. military provides much more immigration benefits to its members and their families than the public is generally discussing. For example, many know that U.S. military provides an expected path to the US citizenship, but few are aware that in some cases, it is also possible to obtain a law ...

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Permanent Bar: Possible Solutions

21 March 2018

Author: New York Immigration lawyer Alena Shautsova A permanent bar is a scary thing for any immigrant: a permanent bar means that a person is disqualified from any relief in the US until he/she serves 10 years outside of the United States. There is no waiver for a permanent bar. In addition, after the 10 years are served, a person has to obtain ...

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US Supreme Court Decision Regarding Immigration Bond

05 March 2018

Author: New York Immigration Lawyer Alena Shautsova On February 27, 2018, US Supreme Court in the case of Jennings v. Rodriguez stated that the lower Federal Court (the Ninth Circuit court) was wrong when held that detained immigrants have a right to periodic bond hearings. It has to be noted that under the Immigration law, usually, in a case ...

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Possible New Law To Help Dreamers

12 February 2018

Author: New York Immigration Attorney Alena Shautsova The United and Securing America act has been introduced by both Republicans and Democrats early this February. The U.S.A Act might have a chance of actually passing because it has been supported by both sides of the Congress. How would it work? 1. The Bill would provide cancellation of remo ...

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El Salvador Loses TPS Protection

12 January 2018

Author: New York Immigration Attorney Alena Shautsova On January 8, 2018, the Trump Administration announced revocation of TPS for El Salvador. In a statement, Secretary of Homeland Security Kirstjen M. Nielsen announced that: To allow for an orderly transition, the effective date of the termination of TPS for El Salvador will be delayed 18 month ...

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TPS For Honduras Holders: Automatic Extension

05 January 2018

Author: Alena Shautsova The US government may determine that nationals of certain countries may require special protection and provide a temporary protection status (TPS) for them. A TPS may be granted for those who entered the US legally or illegally, those who were in deportation or removal proceedings; and those who cannot adjust their stat ...

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Cuban Or Not: How A Piece Of Paper May Determine Someone’s Fate In The US

02 January 2018

Author: New York Immigration Attorney Alena Shautsova An interesting statement was published by USCIS recently: USCIS is no longer considering a consular certificate documenting an individual’s birth outside of Cuba to a Cuban parent as sufficient evidence of Cuban citizenship.. For a person who is not involved with Immigration issues, such a n ...

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Relief For Victims Of Labor And Sex Trafficking: T Status

27 November 2017

US Immigration Attorney Alena Shautsova In 2016, the US government issued new regulations concerning relief that victims of human trafficking may qualify for. The new regulations illuminated many barriers and hard-to-meet rules that were on the ways of the victims and their ability to qualify for Immigration benefits. To qualify for the T stat ...

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Domestic Violence Conviction: Immigration Consequences

20 November 2017

Author: New York Immigration Lawyer Alena Shautsova A conviction of domestic violence makes a person removable, but not inadmissible. In other words, if one is a lawful permanent resident and is convicted of domestic violence, he/she can be removed (deported). However, if one is a visa holder, or a person out-of-status, without status and is apply ...

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Special Immigrant Juvenile Status: A Path To Citizenship For Kids

27 September 2017

Author: New York Immigration lawyer Alena Shautsova With DACA being abrogated, and uncertain Immigration future, many are looking for a way out of the “illegal Immigration” trap. One solution that is suitable for young children (under 21 years old) is Special Immigrant Juvenile Status. Of course, a person has to meet certain requirements before he ...

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30/60 Day Rule Eliminated From FAM Provisions On "Misrepresentation"

25 September 2017

Author: New York Immigration Lawyer Alena Shautsova The US government is tightening the way they handle various Immigration issues, and one big change came this September, 2017: the FAM regulation was changed to eliminate the famous 30/60/90 rule. FAM stands for “foreign affairs manual.” It is a code that all consular officers have to follow when ...

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Trump’s Elimination Of DACA: Will It Finally Bring Immigration Reform?

08 September 2017

Author: New York Immigration Lawyer Alena Shautsova On September 5, 2017, President Trump announced the elimination of the DACA program that was established via an executive action by President Obama. The DACA program conveyed a semi-legal status to hundreds of thousands of children who were brought into the US illegally. The program was designed ...

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TRUMP ENDS DACA

06 September 2017

Author: New York immigration Lawyer Alena Shautsova On September 5, 2017, President Trump announced that DACA program will be ended unless Congress passes a permanent solution. DACA program allowed thousands of undocumented children who were brought into the United States without their consent to be protected from deportation. It also provided an ...

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RAISE: A New Immigration Plan For The US

07 August 2017

Author: New York Immigration Attorney Alena Shautsova The Reforming American Immigration for a Strong Economy (RAISE) Act was introduced on or about August 2, 2017 and is supported by the President Trump. The essence of this legislation is to limit the number of new immigrants by changing the way the prospects are screened. The Act imposes new r ...

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Implementation Of Trump Travel Ban After US Supreme Court Decision

06 July 2017

Author: US Immigration attorney ALENA SHAUTSOVA On June 29, 2017 US Supreme Court partially allowed Trump’s Travel Ban to go into effect. The Court stated that the travel ban should not be implemented against those who can establish existing bona fide relationship with a US company or person. The ban affected nationals of six, predominantly Muslim ...

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Choosing The Right Path In Immigration Is Like Choosing The Right Medicine

07 June 2017

Author: New York Immigration Lawyer Alena Shautsova Imagine, one’s immigration application was denied. What should he/she do: file a motion to reopen, an appeal or simply re-file the case? What if one came into the country illegally, but now has adult U.S. citizen children: shall she file for a visa overseas with a waiver, or can she still file ...

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Tricky Immigration Questions Answered

04 May 2017

Author: Immigration Attorney Alena Shautsova Have you tried filling out immigration forms by yourself? Have you ever wondered if some of the questions you saw on those forms were prepared by LSAT or GRE examiners? Sometimes, you read a question, and it feels you need to utilize your entire brain power to understand its meaning, and you only wish y ...

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Understanding Immigration Waivers

04 May 2017

Author: New York Immigration lawyer Alena Shautsova An Immigration waiver is a “pardon” for a specific immigration violation. For example, when a person is applying for a US visa or a green card, an Immigration (or consular) officer has to determine if the person violated the US or other laws and is inadmissible. The same process occurs if a green ...

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Solutions For Haiti TPS Holders

07 April 2017

Author: Immigration Lawyer Alena Shautsova On July 22, 2017 TPS for Haiti nationals is set to expire. It means that those who are holding TPS status will be deprived of its benefits and will face immigration challenges as if they were “undocumented.” They will no longer qualify for an advance parole or an employment authorization, or protection fr ...

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Will New York City Give Up Its Sanctuary Status?

07 April 2017

Author: New York Immigration lawyer Alena Shautsova The Trump administration said on March 27, 2017 it would withhold federal criminal-justice grants from cities, counties and states that don’t fully cooperate with federal immigration authorities, a first strike in the new administration’s battle against so-called sanctuary cities. Attorney Gener ...

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Immigration Issues Of Focus During The Trump Era

19 March 2017

Author: New York Immigration lawyer Alena Shautsova With the change of administration, USCIS and ICE also changed their priority and focus when considering immigration submissions. This article will focus on possible issues that those applying for various immigration benefits should be aware of. Criminal Convictions I would list criminal arrest ...

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Adjustment Of Status For Arriving Aliens

06 March 2017

Author: New York Immigration Lawyer Alena Shautsova Adjustment of status is an immigration process during which a person receives permanent residency in the United States without having to leave the country. It is often used for those who came to the US on various visas and later got married to US citizens or found an employer who sponsored them f ...

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New Trump Administration Immigration Orders

20 February 2017

Author: Alena Shautsova Leaked memorandum signed by DHS Secretary John Kelly, dated February 17, 2017, implementing President Trump's Executive Order on Interior Enforcement that was signed on January 25, 2017, with guidance applicable to the activities of ICE, CBP, and USCIS. See here Leaked memorandum signed by DHS Secretary John Kelly, dated F ...

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Updates On Implementation Of Trump Immigration Orders

03 February 2017

Author: New York Immigration lawyer Alena Shautsova In the end of January, new President Trump signed several executive orders regarding immigration issues and implementation of the U.S. Immigration laws. While many provisions of the orders are being challenged in Federal courts, I would like to provide updates on where we stand at this moment reg ...

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Trump Immigration Orders

28 January 2017

Author: New York Immigration lawyer Alena Shautsova Just a week passed since Mr. Trump became the United States 45th President, and he has already signed three Executive orders affecting Immigration. The first two orders were signed on January 25, 2017. These orders: confirmed Trump’s plan to build a physical wall on the border with Mexico; chan ...

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A Right To An Immigration Hearing

02 December 2016

Author: Immigration attorney Alena Shautsova A right to an immigration hearing comes to play when DHS tries to remove an individual who is suspected of Immigration laws violations. I have met many who did not go to court for their Immigration hearings because of fear of being deported. These people perceived a hearing as a punishment, as a tool th ...

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Trump And New Immigration Policy

17 November 2016

Author: New York Immigration attorney Alena Shautsova After the results of the Presidential election, immigrants in the United States are anxiously waiting for the announcement of President Trump’s Immigration plans. It is true even for those who became U.S. citizens through naturalization: I received several calls from people asking if “Trump can ...

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J1 Home Residency Requirement And Waiver

25 October 2016

Author: New York Immigration Lawyer Alena Shautsova A J1 visa is one of the most common visa types which is used for a variety of purposes: see J1 visa options. Some of the J1 visas come with a undesirable “home residency requirement” which means that a person, upon completion of the J1 program would have to return back to their country of nationa ...

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Trump Vs. Hillary: Future Of Immigration Policies

03 October 2016

Author: Immigration Attorney Alena Shautsova To begin with, I must state that I write this article not with the purpose to advocate for any of the candidates but to address various scenarios that a new President may bring to us after the election. Ms. Hillary Clinton is running for a President on behalf of the Democratic party. Traditionally, her ...

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Change Of Employer While I-140 Is Pending

18 July 2016

Author: New York Employment Immigration attorney Alena Shautsova Can I change my employer while the process for permanent residency or a green card is not finalized? The short answer is yes, but it depends on certain circumstances. An employment based immigration may take years, and even decades. The wait time is determined by the classification ...

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Effects Of Guilty Plea’s Without Immigration Advice

30 June 2016

Author: Criminal Immigration lawyer Alena Shautsova Getting into trouble whether it was your fault or not is always a daunting process once an individual has been arrested and scheduled for an arraignment. It is increasingly overwhelming when an individual is an immigrant with a permanent resident status. Most individuals will do the right thing a ...

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Waiver Of Passport And/or Visa (I-193 Waiver)

16 June 2016

Author: Immigration Waiver Attorney Alena Shautsova Admission laws and regulations state that one who is coming to the United States must be in possession of valid entry documents, such as a passport or a travel document, a visa or lawful permanent resident card, parole, etc. An airline would not board a passenger whose documents are expired…most ...

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Immigration Benefits For Military Personnel

31 May 2016

Author: New York Immigration Lawyer Alena Shautsova Generally speaking, it is not easy to qualify for immigration benefits in the United States. To promote family unity and, perhaps, to thank those who put their lives in danger for the safety of all of us, the government provides certain exceptions and benefits to current and former military membe ...

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Non-Immigrant (212(d)(3)(A)) Waiver

31 May 2016

Author: New York Immigration attorney Alena Shautsova Immigrant waivers such as I 601 or I 601A waive grounds of inadmissibility for those who seek adjustment of status or an Immigrant visa. They are difficult to obtain, as usually, an applicant must demonstrate extreme hardship to a qualifying relative. There is however a waiver for those who do ...

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USCIS Helps Those Affected By Earthquakes In Ecuador, Burma And Japan

05 May 2016

Author: New York Immigration lawyer Alena Shautsova Recent earthquakes and natural disasters affected thousands of nationals of Ecuador, Japan and Burma. While these regions have not been designated for Temporary Protected Status, USCIS promised to help nationals of these countries. What does that mean? It means that first, a national or a citiz ...

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Children As Dependents For Immigration Purposes

25 April 2016

Author: New York Immigration Lawyer Alena Shautsova Earlier, I wrote a blog about who qualifies as a child for Immigration purposes. Here, I would like to discuss some situations when it is important not only to originally qualify as a child, but to retain such a qualification at the time of the adjudication of certain applications. When it come ...

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Parole In Place: Why To Use It And Where To Submit It

09 April 2016

Author: New York Immigration lawyer Alena Shautsova Parole in place is a discretionary action by the U.S. government that allows an individual who is in the United States without being properly inspected and admitted to be “admitted” into the country without leaving it. Parole in place can be applied for by members of the military families, as we ...

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Change Of Status V. Adjustment Of Status

18 March 2016

Author: New York Immigration attorney Alena Shautsova Change of status occurs one an individual who already is in the United States in a lawful status wishes to change it to a different non-immigrant status. A person is admitted into the U.S. according to the intentions he/she has and depending on activities he/she will be engaging in the U.S. Fo ...

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Religious Immigration: Qualifications And Requirements

01 February 2016

Author: New York Immigration lawyer Alena Shautsova A worker in religious vocation may apply for an R-1 visa after a corresponding petition was filed and granted on his/her behalf. In addition, such a worker may adjust his/her status to one of a permanent resident using Special Immigrant Status Petition, I -360. Religious vocation as per USCIS is ...

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Sharing Good News

09 December 2015

Author: New York Immigration Lawyer Alena Shautsova This past month was very fruitful in terms of positive decisions by USCIS on our cases and we would like to share the good news. We had an I 601 waiver approved for one of our clients, along with Parole in Place for another one, and a PERM certification for a client who was waiting for it for a d ...

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Halloween Is Coming - Trick Or Treat, How To Choose An Attorney

29 October 2015

Author: New York Immigration attorney Halloween is coming, and with it the infamous question of children dressed as heroes or monsters at the door: Trick or Treat? I thought about this as an analogy of the legal field for a while and it really fits quite nicely. The point of Halloween for most children (especially when they get a bit older and kn ...

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Employment Authorization for Spouses of H1B Holders

02 June 2015

Author: Employment Immigration attorney Alena Shautsova On May 26, 2015 USCIS started to accept employment authorization applications, form I 765, by certain spouses of H1B visa holders. Traditionally, spouses of H1B visa holders, H4 dependents, were not eligible for an employment authorization. As one of the measures by the President aimed to imp ...

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Updates On Status Of Immigration Reform (New DACA and DAPA)

05 May 2015

Author: New York Immigration attorney Alena Shautsova The 5th Circuit Court of Appeals is yet to rule on the issue of new DACA and DAPA. The parties presented their oral arguments on April 17, 2015. So far, the court is still considering the issue. On April 7, 2015 the Court ruled on old DACA lawsuit and found that the plaintiffs did not have sta ...

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Online Free Immigration Law Seminars

05 May 2015

Author: Immigration lawyer Alena Shautsova Law office of Alena Shautsova has launched online free Immigration law seminars. Every Wednesday at 9:00pm EST we hold discussions on various Immigration topics. The recordings of the previous seminars can be found online at: The past topics include: Immigration waivers, I601A waiver; US removal proc ...

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DAPA / DACA Updates

03 April 2015

Author: New York Immigration Attorney Alena Shautsova On the first date of supposed implementation, a federal Judge in Texas has blocked Obama’s immigration reform regarding parents of the U.S. citizens and permanent residents (DAPA) and new improvements to deferred action for childhood arrivals. As a result, the old DACA applications are not affe ...

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What happens After My Case Is Filed?

04 March 2015

Author: New York Immigration lawyer Alena Shautsova Have you wondered what happens to the papers you send to USCIS? How do they need to be arranged? Do you need to call USCIS to make sure they received your filing? How to write a check for the Immigration filing fees? First, the case or filing has to be assembled in a certain way so that USCIS so ...

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Immigration Reform Updates: What happened with the new DACA and DAPA

04 March 2015

Author: New York Immigration lawyer Alena Shautsova On November 20, 2014, President Obama announced a series of measures that are supposed to improve the current immigration system. Among them were the new DACA and DAPA. The USCIS was supposed to start accepting applications for the new DACA on February 18, 2015. However, on February 18, 2015, a ...

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Known Unknowns of DAPA

03 February 2015

Author: New York DAPA lawyer Alena Shautsova President Obama’s administration took a new, important step towards legalization of millions of undocumented immigrants. Starting Mary, 2015, a beneficiary of DAPA will be able to obtain an employment authorization, and likely, an advance parole document which will allow a person to legally travel outsi ...

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Five Things To Know about New DACA

03 February 2015

Author: New York DACA lawyer Alena Shautsova Applications for New DACA can be submitted starting February 18, 2015 DACA of Deferred Action for Childhood Arrivals underwent some major modification from its original form. In November, 2014 President Obama promised that those who came to the country before they turned 16 and stayed continuously fro ...

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How To Immigrate to the Unites States

08 January 2015

Author: US Immigration lawyer Alena Shautsova One of the most common questions I receive through my website is “How can I move to the U.S.?” There is no simple answer to this question. The U.S. Immigration law provides for certain channels of immigration, plus the individual’s circumstances such as education, family ties, financial ability should ...

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Obama Administrative Immigration Reform: Who Can Benefit?

09 December 2014

Author: New York Immigration lawyer Alena Shautsova The long waited administrative immigration reform has been announced (please see Obama Immigration Reform). However, there are a lot of rumors as to who can qualify and what the immigration reform actually is… First of all, the announced administrative action is not an amnesty that will help al ...

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Obama Immigration Reform

24 November 2014

Author: Immigration lawyer Alena Shautsova On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S ...

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How to Bring Adopted Children to The US

05 November 2014

Author: New York Immigration lawyer Alena Shautsova Adoption of foreign children can be accomplished via different ways. It can be in the form of local adoption, under the laws of the foreign country without the use of US immigration forms or it can be done through the channels of international adoption. International Adoption International adop ...

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Move Immigration Case To The Court In My New State

10 September 2014

Author: New York Immigration Attorney Alena Shautsova I have changed my address online and have moved to a different state. Can I move my case to the Immigration court in my state? Yes you may, if your new address is outside of the state your Immigration case is in, you may move your case to the court within your state. This is referred to as a “ ...

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International Travel Rules

06 September 2014

Author: New York Immigration Attorney Alena Shautsova US citizens and permanent residents, as well as asylees who hold valid Travel Documents have to be aware that different countries have different rules regarding entry and exit documents during international travel. For example, when a person leaves the US, the person does not have to go throug ...

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Adjustment of Status Based on Marriage After Illegal Entry

05 August 2014

Author: New York Immigration Attorney Alena Shautsova A person who came to the US legally but overstayed his/her authorized time, may, nevertheless, receive a permanent resident status (or adjust his/her status to permanent resident). It does not matter if the entry happened a year ago or twenty years ago. As long as the person was inspected and ...

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President To Take Administrative Action to Start the Immigration Reform

04 July 2014

Author: New York Immigration Attorney Alena Shautsova On June 30, 2014 President Obama stated that now it is his time to act on Immigration Reform. Why has he not done so? It is because to "reform" immigration laws, the Congress has to adopt amendments to the existing laws or adopt new laws. In a recent Press Release, I had stated that: With the ...

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Arrival/Departure Records Are Available Online

05 May 2014

Author: New York Immigration lawyer Alena Shautsova I-94 form Arrival/Departure record is the main form that has been used for decades to track admission and departure of the non US residents. Recently, however, Department of Homeland Security substituted the paper version with the electronic record. The I-94 form is crucial to prove inspection ...

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Post PERM Denial Notice By Department Of Labor: Appeal Or Reconsideration?

07 April 2014

Author: Employment Immigration Attorney Alena Shautsova Unfortunately, even a very thoroughly prepared PERM application may result in a denial. The concerns about whether it is worth it to appeal it, boils down to the eligibility of the appeal. At this point, the legal fees will be heavier, the application will take more time to appeal then it did ...

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212(c) Waiver of Criminal Conduct for Lawful Permanent Residents

07 March 2014

Author: Immigration lawyer Alena Shautsova A recent decision by the Board of Immigration Appeals clarified 212(c) waiver eligibility for lawful permanent residents in the Matter of Abdelghany, 26 I N Dec. 254 (2014). (1) A lawful permanent resident who has accrued 7 consecutive years of lawful unrelinquished domicile in the United States and who ...

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State of Immigration Reform: Will Be or Not Will Be?

05 February 2014

Author: Immigration Attorney Alena Shautsova It is probably fair to say that majority of immigrants have lost hope that Immigration reform will happen any time soon. What seemed to be so possible in summer 2013, became a mere reminiscence in 2014. The Congress, however, is trying to revive the Immigration reform idea, and this past week released ...

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Benefits, Results and Solutions to Authenticating Documents

24 September 2013

Author: US Immigration Attorney Alena Shautsova Benefits, Results and Solutions to authenticating documents for use in a foreign country. If you have family, friends or business in foreign countries, at some point you may be required to authenticate documents for use in that country. The most common issue arises when the documents need to become ...

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How Important Is The Right To Representation In Immigration Court?

04 September 2013

Author: US Immigration Lawyer Alena Shautsova The right to representation in immigration court: a person in Immigration proceedings has a right to retain and be represented by a private counsel. However, there is no obligation on behalf of the government to provide a free immigration lawyer to somebody who is getting removed from the country. The ...

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Immigration Reform Updates

04 August 2013

Author: New York Immigration Attorney Alena Shautsova The Immigration Reform Bill "got stuck" in the House of Representative. Despite the optimistic predictions that we will have new Immigration laws prior to August, 2013, it did not happen. Why? The members of the House are divided between adopting one single Bill or multiple laws. There are on ...

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BIA: DOMA Can No Longer Be Used Against Same Sex Couples

19 July 2013

Author: New York Immigration Attorney Alena Shautsova DOMA can no longer be used against same sex couples held Board Of Immigration Appeals in its recent decision Matter of Oleg B. ZELENIAK, Beneficiary of a visa petition filed by Serge V. Polajenko, Petitioner 26 I&N Dec. 158 (BIA 2013). It is probably the first BIA decision issued after the ...

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What is Special Immigrant Juvenile Status (SIJS)?

03 July 2013

Author: US Immigration Attorney Alena Shautsova Pursuant to INA § 101(a)(27)(J), under the classification of “Special Immigrant Juvenile”, certain undocumented individuals, who have been declared dependant on a juvenile court or placed in foster care, and whose reunification with one or both parents is not possible due to abuse, abandonment or neg ...

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What does “Immigration Reform” actually entail?

03 July 2013

Author: US Immigration Lawyer Alena Shautsova For the past few months there has been a lot of talk about “Immigration Reform”. On Thursday, June 27, 2013, the current bipartisan immigration reform bill passed the Senate with a vote of 68-32. So what is all this talk about immigration reform really about? For the approximately eleven million und ...

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Immigration Consequences of DOMA Being Struck Down

01 July 2013

Author: US Immigration Attorney Alena Shautsova On June 26, 2013 the Supreme Court of the United States issued an opinion in United States v. Windsor that caused rainbow flags to fly high all across the country. In Windsor, the Supreme Court held that Section 3 of the Defense of Marriage Act enacted by Congress violated the Fifth Amendment of the ...

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U.S. Supreme Court Struck Down Section 3 Of The DOMA

27 June 2013

Author: US Immigration Lawyer Alena Shautsova Dear Friends, We are happy to share the recent news that on June 26, 2013, Justices of the U.S. Supreme Court in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman, noting that “DOMA’s principal effect is to iden ...

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Immigration 800 Number

01 June 2013

Author: US Immigration Lawyer Alena Shautsova Immigration 800 Number: 1-800-898-7180 Immigration 800 number is an automotive system that provides updates on alien’s case processing dates such as next hearing date; status of the case; immigration clock… To use it, the person must know the A number of the subject of the call. There is no name dir ...

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Immigration Reform: Shall You Wait for Changes

06 May 2013

Author: US Immigration Lawyer Alena Shautsova Finally, after long debates and preparations, the immigration reform Bill has been introduced for discussions and its draft has been made available for public review. Why do we say "a draft"? Because until it is actually adopted as the law the draft is only a proposal. It means that some of the propose ...

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Boston Bombing and the Immigration Reform Effort

30 April 2013

Author: US Immigration Lawyer Alena Shautsova The injury and death toll of the Boston marathon bombing reached 264 injured persons and three deaths. While the nation shifted its attention to this tragic event, the fact that the men accused of the bombing were two legal immigrants from Chechnya raised questions about national security and pro ...

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Parts of Indiana’s Immigration Law Struck down by Federal Judge

23 April 2013

Author: US Immigration Attorney Alena Shautsova The Indiana immigration bill allowed authorities to arrest non-citizens without the use of warrants and prevented immigrants from using consular ID cards as a means of identification. However, according to a Reuter's article, the American Civil Liberties Union (ACLU) brought a class-action lawsu ...

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The Immigration Bill Nears Its Final Draft

17 April 2013

Author: US Immigration Attorney Alena Shautsova As The Immigration Bill Nears Its Final Draft, Two Top Issues Emerge: Citizenship Contingent On Tightened Border Security Senators comprising the gang of eight are expected to release the final draft for the long awaited immigration bill this week. However, it appears that the thorny issue in gettin ...

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What Role Will E-Verify Play in 2013 Immigration Reform?

20 March 2013

Author: Immigration Lawyer Alena Shautsova While Congress is polarized on many issues regarding immigration, one point they agree on is that E-Verify is crucial for immigration reform. The "gang of eight," which refers to the eight bipartisan senators planning immigration reform, included use of E-verify in their proposal as did the President in t ...

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Family Immigration and Immigration Reform

18 March 2013

Author: Family Immigration Lawyer Alena Shautsova Law Office of Alena Shautsova, a New York Immigration law firm located in Brooklyn, is assisting immigrants with family immigration and immigration reform. While millions of people are awaiting for Immigration reform, the Senators prepare for the Easter break, and indicated (according to the Washi ...

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Rulings on State Immigration Laws May Reach Supreme Court Level

13 March 2013

Author: Immigration Attorney Alena Shautsova As the need for immigration law reform led many states to legislate their own immigration laws, various cases have been appealed before the U.S. Supreme Court and other District Courts for ruling. The State of Alabama passed a stringent immigration law known as HB56 that required schools to collect inf ...

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How to Stay in the USA Legally: Prepare for Immigration Reform

02 March 2013

Author: Immigration Attorney Alena Shautsova The Immigration reform is inevitable, and many should consider preparing for it and/or taking advantage of the recent changes that were adopted by the USCIS. How to prepare for the new immigration reform? Even though President Obama has outlined the main points for the immigration reform, currently, t ...

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Same Sex Partners Working to Obtain Marriage Petitions

22 February 2013

Author: Immigration Attorney Alena Shautsova Toward the end of 2012, the New York Daily News reported that the U.S. Court of Appeals for the Second Circuit ruled on a case that could lead to a major change in immigration law. The court ruled that the Defense in Marriage Act (DOMA) is unconstitutional. In December, the U.S. Supreme Court agreed to ...

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Recent Bi-Partisan Effort at Immigration Reform

12 February 2013

Author: Immigration Attorney Alena Shautsova A bi-partisan group of Senators consisting of four Democrats and four Republicans recently released a plan for comprehensive immigration reform to be used as a springboard for legislation that fills in the details. The group consisted of the following: Chuck Schumer (D-NY), Dick Durbin (D-IL), Michael B ...

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What is DACA and Its Complications?

08 February 2013

Author: Immigration Attorney Alena Shautsova DACA is an acronym frequently popping up in the news and it refers to the federal program called Deferred Action for Childhood Arrivals. The program allows individuals who came to the United States as children and who meet certain qualifications to request deferred action against removal for two years. ...

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How Can Notario Fraud Impede Immigration?

05 February 2013

Author: Law Office of Alena Shautsova Unfortunately, immigrants looking for an easy solution to immigration problems may fall prey to notario fraud. The American Bar Association explains that notario fraud involves individuals who fraudulently represent themselves as attorneys and say they can handle your immigration issues before the United State ...

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Immigration Reform under Georgia State Law Takes a New Turn

21 January 2013

Author: Immigration Lawyer Alena Shautsova Similar to Arizona and Alabama, Georgia passed an immigration law that allowed law enforcement authorities to check the immigration status of criminal suspects. However, a court injunction stopped the police from initially implementing the status check. The Jurist reports that the US District Court for th ...

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