New York Lawyer's Legal Updates

Your Social Media Now Will Be Reviewed By Consul

10 June 2019

Author: US Visa Attorney Alena Shautsova Recently, the US government added a new question to the non-immigrant and immigrant visa application forms: the question invites you to share the email addresses and social media accounts you used for the past five years. Note that only the names of the accounts/profiles are required, not the passwords. ...

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New Change Of Status I-539 Form

08 April 2019

Author: US Visa Attorney Alena Shautsova A person who is in the United States in lawful status may wish to change that status, for example, from a tourist to a student, or to extend that status, for example, to stay in the US and travel longer or to continue his/her education. In such cases, a person has to file a special form I-539 and submit a ...

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214(b) Visa Refusal: Can Legal Net Help?

05 February 2019

Author: US Visa Attorney Alena Shautsova 214(b) denial of the US visa application is one of the most common reasons why a person cannot enter the US. This denial may be caused because a consul determined that a person has an immigrant intent while applied for a non-immigrant visa, or because the person failed to meet requirements for a visa:   a ...

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Tips For Dealing With The NVC

05 February 2019

Author: US Immigrant Visa Attorney Alena Shautsova National Visa Center is a “middle man” between the applicant/petitioner and the consulate when one is applying for immigrant and certain non-immigrant visas. You will need to deal with the NVC prior to appearing for a visa interview and here, knowing certain its practices will help tremendously. ...

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How A Deferral To A New Semester Kills Your Change Of Status Application

17 August 2018

Author: US Visa Attorney Alena Shautsova You filed an application not change status in the US to become a student here. You previously had an H1B, B, or some other status and decided it would be a good idea to get a degree in the US. You applied for a change of status while you were still in status; you obtained I 20, SEVIS registration, paid the ...

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Visiting Family Members In The US While Immigrant Petition Is Pending

05 June 2018

Author: US Visa Attorney Alena Shautsova US Immigration laws prohibit issuance of a non-immigrant visa to an individual who has "immigrant intent": a person who wishes to stay in the US. As a result, many are afraid to file I 130 immigrant petitions for their family members and lose the precious time. Recently, CBP confirmed that they would all ...

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Non Immigrant Visa Waiver 212(d)(3)

20 April 2018

Author: New York Immigration Lawyer Alena Shautsova All visas to the US can be classified as immigrant, non-immigrant and dual intent visas. Immigrant visas are basically “stickers” in one’s passport that allow a person to cross the border in the US and be admitted into the US an immigrant or a green card holder. They can be issued in various cate ...

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Diplomatic Visas: Change Of Status, Adjustment Of Status And Out Of Status

01 April 2018

Author: New York Immigration Attorney Alena Shautsova I have noticed that there is little to none information online regarding diplomatic visas, such as A and G. I feel it comes from a general assumption that those visas reserve for such a small percentage of “high officials”, that they will never ever need a regular Immigration lawyer in the US. ...

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What To Do If Visa Was Cancelled Due To Trump Executive Orders

03 March 2017

Author: USA Visa Attorney Alena Shautsova On January 27, 2017 President Trump signed an Immigration Executive Order banning people from seven countries (Iran, Iraq, Sudan, Somalia, Libya, Syria and Yemen) from coming to the United States even if they had already possessed valid visas. Following the order, consulates around the world stopped proce ...

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Parole For U Visa Petitioners And Their Dependents

14 September 2016

Author: USA visa Attorney Alena Shautsova A U visa is issued to qualified victims of criminal activities that have been helpful to the authorities in investigation and prosecution of the offenders. While many are familiar with an application for a U status from within the United States, a person who is outside of the United States may apply, if q ...

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ESTA Travel Changes

05 March 2016

Author: US visa attorney Alena Shautsova Electronic System for Travel Authorization or ESTA allows citizens of certain countries to enter the United States without the need of a formal visa application. Recently, CBP updated its ESTA form to reflect changes to the Visa Waiver Program occurred in connection with the Terrorist Travel Prevention Act ...

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U Visa Certification In NYC

22 February 2016

Author: New York Immigration lawyer Alena Shautsova A U visa is a non-immigrant status that can be bestowed on a victim of crime who cooperates with the law enforcement in its investigation. A U visa provides a path for the permanent residency, and an authorization to work in the United States. One does not need to be in a legal status to apply fo ...

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Changes To Visa Waiver Program

06 February 2016

Author: New York Immigration Attorney Alena Shautsova Usually, to come to one country from another, a person would have to obtain a visa, or permission. Citizens of the United States may travel without visas to many countries, but for some countries they do need to obtain visas. Non-U.S. citizens usually have to apply for a visa before coming to t ...

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R-1 Non-immigrant Visa For Religious Workers

27 January 2016

Author: New York Immigration lawyer Alena Shautsova Over time, a religious organization may encounter the need for a minister, religious worker in occupation, or religious worker in vocation who is currently stationed overseas. For religious organizations with an already established US bona fide non-profit organization the basic requirements for t ...

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Waiver Of Expedited Processing Fee For O Visa Petitions

20 January 2016

Author: New York Visa Attorney Alena Shautsova To receive an O visa, a US employer or agent has to submit a petition on behalf of the O visa / status beneficiary. Usually, USCIS considers such petitions within 4-6 months, and recently there were serious delays in adjudication of O petitions. O status / visa petitioners have an option to "expedi ...

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7 Harmful Effects Of Visa Fraud

18 August 2015

Author: US Visa lawyer Alena Shautsova Visa Fraud can be the result of sloppy proofreading or misrepresentation of material fact for the purpose of illegal gains. Either way, these “mistakes” can land you in big trouble from present until future. The most common “fraud” is omission of material facts. For Example you do not disclose that your relat ...

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Can I Bring My Fiance To The US On A Tourist Visa?

07 July 2015

Author: New York immigration lawyer Alena Shautsova One of the common questions I receive through online inquires is related to bringing family members to the US. While I already have a number of articles regarding this topic (See Adjustment Of Status For K-1 Visa Entrants), I would like to focus here on a fiancé visa. In most cases of family imm ...

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Victims of crimes without legal status in the US

27 June 2014

Author: US visa lawyer Alena Shautsova I am the victim of a crime, but I do not have a legal status in the US. Is there anything I can do? This unfortunately is a question many people are afraid to ask, because of their immigration status or lack thereof. I am here to tell you that you do not have to be afraid, contact an attorney to make sure yo ...

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What to do when you are stuck in "Administrative Processing"?

02 January 2014

Author: US Visa Attorney Alena Shautsova If one applies for a visa with a US consulate, he or she may encounter something called "administrative processing." In a regular course of events, a visa applicant receives response to the visa application the date of his or her visa interview. However, sometimes the date of the decision happens much later ...

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New Visas to Russia Will Be Cheaper and For a Longer Period of Time

10 September 2012

Author: US visa lawyer Alena Shautsova Recently, the US and Russia came to an agreement that they both will simplify the application process for tourist and business visas to these countries. The agreement will enter into effect on September 9, 2012. Please see Russian citizens may visit ...

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