New York Lawyer's Legal Updates

Free Legal Updates Sign Up

 
 
 

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 ...

Full article »

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 »

Asylum Interview: Current Scheduling Times

04 October 2018

Author: US Asylum Attorney Alena Shautsova In early 2018, DHS changed drastically its practices related to the scheduling of asylum interviews. If previously an applicant for asylum could stay in line for the interview for years, nowadays more than 50% of cases are scheduled for the interview within 43 days of the filing dates. It means that those ...

Full article »

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 ...

Full article »

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 ...

Full article »

Automatic Citizenship For Children: Custody Issue

23 September 2018

Author: New York citizenship attorney Alena Shautsova When a parent naturalizes and has children under 18 years old on the date of the naturalization, typically, the Immigration officers will remind that parent that now he/she should file and obtain US passports for those children. Sometimes, however, the things do not work out the way we plan. ...

Full article »

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 ...

Full article »

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 ...

Full article »

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 ...

Full article »

I 601A Waiver Revocation Based On Public Charge

08 August 2018

Author: I 601A Waiver Attorney Alena Shautsova I 601A waiver allows an individual to return to the US when otherwise inadmissible due to unlawful presence. The good thing about this waiver that a person can stay in the US while waiting for the decision to be made on the waiver, and the person does not have to leave the US if the waiver is not appr ...

Full article »

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 ...

Full article »

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 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 ...

Full article »

Recent Developments In Asylum Law For Victims Of Gang And Domestic Violence

14 June 2018

Author: Sheila Barabino, edited by Asylum Lawyer Alena Shautsova Asylum seekers can make claims that they suffered persecution that is related to one of five categories: race, religion, nationality, political opinion or their particular social group. The Board of Immigration Appeals set a precedent in 2014 that allowed married women who are unable ...

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 »

Material Support Bar For Asylum

11 June 2018

Author: US Asylum Attorney Alena Shautsova A person who is coming to the US in pursuit of asylum will be forgiven for illegal entry, certain immigration fraud, and misrepresentation, overstay of their legal time in the US, and some other violations of the US Immigration laws. If a person is convicted of certain crimes or admitted to committing cer ...

Full article »

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 ...

Full article »

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 ...

Full article »

NOID In Asylum Cases

03 May 2018

Author: Asylum lawyer Alena Shautsova NOID or Notice of Intent to Deny is a document that might receive from a US asylum office after he/she appeared for an interview. While it is not a denial, it is an indication that an asylum officer intends to deny your claim. The notice usually will specify the reasons for such intent: perhaps, it will rev ...

Full article »

How To Help Your Spouse To Get A US Green Card

03 May 2018

Author: US Marriage Green Card Attorney Alena Shautsova You are a US citizen; you have met a love of your life, you guys got married and started sharing your lives. Unfortunately, your spouse is "undocumented". Soon you realized that without “legal papers” in the US, you guys could not apply for a mortgage, share health insurance or even file ...

Full article »

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 ...

Full article »

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 ...

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 »

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 ...

Full article »

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. ...

Full article »

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 ...

Full article »

IJ Must Consider Immigrant’s Ability To Pay When Setting The Bond

15 March 2018

Author: Immigration Attorney Alena Shautsova An immigration bond is an amount an immigrant has to pay to be released from the immigration detention. The usual situation involving an immigration bond would unfold when asylum seekers I detained at the border and placed in detention pending credible fear interview. If an asylum seeker passes an inter ...

Full article »

Asylum: Family As A Social Group And Ms-13 Gang

05 March 2018

Author: Asylum Lawyer Alena Shautsova A family as a social group for the purposes of asylum claims is a relatively new trend: the Board of Immigration Appeals (BIA) recognized the family as a social group in 2011. The law is not settled yet, however, and many cases are hard to win at the first level, especially if the one-year deadline was los ...

Full article »

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 ...

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 »

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 ...

Full article »

Asylum One Year Filing Deadline Exception: Changed Circumstances

20 January 2018

Author: Asylum Attorney Alena Shautsova Ordinally, a person who would like to ask for asylum in the United States has to do so within one year of his/her entry. However, if one missed the deadline, the law provides him/her with a second chance in certain situations, but only if the person acts within a reasonable time. One such a situation is whe ...

Full article »

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 ...

Full article »

USCIS V. EOIR: Jurisdiction In Asylum Cases

05 January 2018

Author: US Asylum lawyer Alena Shautsova An asylum process in the US will depend on whether a person is filing for asylum when he/she is in Immigration court proceedings (defensively), or if he/she files for asylum proactively without being placed in Immigration court proceeding (affirmatively). Whether an application has to be submitted to t ...

Full article »

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 ...

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 »

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 ...

Full article »

3 Most Common Pitfalls During Citizenship Application

13 December 2017

Author: US Citizenship Lawyer Alena Shautsova For any immigrant to receive a US citizenship signifies a great achievement: everything he/she worked for, everything he/she hoped for in the US is presented by a sheet of paper called a Certificate of Naturalization. Usually, a person has to be in green card status for 3 or 5 years before he/she can s ...

Full article »

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 ...

Full article »

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 ...

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 »

Recent News In Immigration: Changes That Might Come Sooner Than We Expect

03 November 2017

Author: New York Asylum Lawyer Alena Shautsovaa The last day of October 2017 was truly horrifying, and not only for New Yorkers who had to face yet another attack, but I believe for the whole world community of people who are tired of hatred and violence. As we all know, President Trump reacted immediately and defensively: he suggested that the D ...

Full article »

Trump Administration Announced New Immigration Priorities

10 October 2017

Author: US Asylum Lawyer Alena Shautsova On October 8, 2017, President Trump released new Immigration priorities. The US will head in the direction of limiting family based immigration, as well as refugee-based immigration and favoring immigrants with high skills. Fewer people will qualify for visas and green cards, and fewer green cards will be ...

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 »

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 ...

Full article »

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 ...

Full article »

NYPL 220.31 Is Not An Aggravated Felony

18 September 2017

Author: Criminal Immigration Attorney Alena Shautsova An aggravated felony is a term of art that caused many to be deported and forever barred to come back to the United States. It first was used by the Congress in 1988, and from that time on, the Immigration law in the United States was changed forever. One can see which crimes are included on th ...

Full article »

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 ...

Full article »

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 ...

Full article »

Asylum: Can I Win Asylum Because My Family Is Targeted By Gangs?

24 August 2017

Author: Asylum lawyer Alena Shautsova I have written in the past about the various developments in the area of asylum law as it relates to the claims of persecution based on family as a social group. I would say that now, there are two definite trends how those claims are addressed by the courts and Immigration Judges. Based on numerous denials of ...

Full article »

Asylum: Family As A Social Group

07 August 2017

US Asylum Lawyer Alena Shautsova Claiming asylum based on persecution as a member of a particular family became more and more widespread in recent years. While the courts, attorneys and applicants keep struggling with the concept, here are some points that one may learn from the recent cases and how the higher, Federal courts consider such claims. ...

Full article »

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 ...

Full article »

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 ...

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 »

Provisional I 601A Waiver: Available For Those Who Were Deported As Well

12 June 2017

Author: Immigration waivers attorney Alena Shautsova A provisional waiver is a tool that helps those who entered the country illegally or without inspection but now can be sponsored by their US citizen or permanent resident spouse, parent, child, DV lottery or job. This person must also demonstrate extreme hardship to a US citizen or green card ho ...

Full article »

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 ...

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 »

Certificate Of Citizenship V. Certificate Of Naturalization

07 June 2017

Author: U.S. Citizenship Attorney Alena Shautsova Certificate of Naturalization is a goal of many who is seeking to immigrate to the United States. It is a document that proves that one was granted a US citizenship, took an oath of allegiance, and now is a citizen of the United States. Unlike, however, in the case of US born citizens, a person w ...

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 »

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 ...

Full article »

U.S. Citizenship Without English Language Knowledge

04 May 2017

Author: Citizenship Attorney Alena Shautsova One of the qualifications for naturalization or citizenship in the United States is applicant’s ability to write, read and understand English. There are waivers of the English test for those who reached a certain age (50, 55 or 60) and have resided in the United States as permanent residents for certain ...

Full article »

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 ...

Full article »

Objective V. Subjective Fear In Asylum Cases

30 April 2017

Author: US Asylum Lawyer Alena Shautsova To win one’s asylum case in the United States, a person has to prove past persecution or reasonable fear of future persecution on account of a protected ground. Fear is only fear unless and until it martializes in specific harm. Why some “fear” will get you an asylum in the United States and a green card, a ...

Full article »

President Trump H1B Executive Order

19 April 2017

Author: New York Employment lawyer Alena Shautsova On April 18,l 2017 President Trump issued yet another Immigration Executive Order, this time concerning work immigration visas, and particular H1B program. An H1B employment visa allows professionals with relevant experience and/or high education to come and work in the United States. A US emplo ...

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 »

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 ...

Full article »

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 ...

Full article »

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 ...

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 »

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 ...

Full article »

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 ...

Full article »

Credible And Reasonable Fear Proceedings Revised

26 February 2017

Author: USA Asylum lawyer Alena Shautsova Following the orders by Department of Homeland Security (the “DHS”), USCIS has revised its training materials on Credible and Reasonable fear assessments. It happened because the new administration is trying to streamline the expedited removal process for those who are surrendering themselves at the border ...

Full article »

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 ...

Full article »

Automatic Extensions Of EAD For EB-1, EB-2, And EB-3 Immigrant Workers And Program Improvements Affecting High-Skilled Nonimmigrant Workers

03 February 2017

Author: Work Visa attorney Alena Shautsova On January 17, 2017, a new regulation establishing validity of work authorizations for beneficiaries of certain work visa and employment based petitions became effective. All relevant EAD applications that were pending on January 17, 2017 and those filed on or after January 17, 2017 now will be subject to ...

Full article »

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 ...

Full article »

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 ...

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 »

Asylum Pending Status Explained

19 December 2016

Author: Asylum attorney Alena Shautsova An applicant for asylum often lists his/her status as "asylum pending", and often, people who have applied for asylum in the United States have some misconceptions as to what this “asylum pending” status entails. One of the most common misconception is that a person who came to the United States in some leg ...

Full article »

Asylum: How An Address May Impact The Result Of Your Case

15 December 2016

Author: Asylum attorney Alena Shautsova Asylum process in the United States may be classified into two big groups: an affirmative asylum process and a defensive asylum process. The first one is happening when an applicant filed for asylum without being in removal/deportation proceedings. In this case, it is USCIS Asylum office that would have jur ...

Full article »

VAWA And Work Authorization

12 December 2016

Author: VAWA attorney Alena Shautsova VAWA or Violence Against Woman Act was adopted to help and protect victims of violence and covers not only women, but also battered and abused men, parents and children. There are various groups eligible for VAWA benefits, but this article will focus on one important aspect of the VAWA process: an employment a ...

Full article »

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 ...

Full article »

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 ...

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 »

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 ...

Full article »

Extreme Hardship For Immigration Purposes

22 October 2016

Author: New York Immigration lawyer Alena Shautsova “Extreme hardship” is a standard that an applicant for an immigration waiver has to meet in order for his/her immigration waiver application to be approved. One would need a waiver of he/she is inadmissible (cannot receive a visa or green card) due to various violations of Immigration laws: unlaw ...

Full article »

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 ...

Full article »

Common RFEs In Adjustment Of Status Based On Marriage Cases

03 October 2016

Author: Marriage Immigration attorney Alena Shautsova An RFE or request for more evidence is a document issued on a yellow or pink paper that many applicants for adjustment of status meet with a great distress. First, I should state here that if you receive an RFE, do not panic. Look at it as an opportunity to supplement the record and present cla ...

Full article »

Gender Based Asylum Claims

26 September 2016

Author: USA Asylum lawyer Alena Shautsova Immigration laws allow an individual to claim asylum based on political opinion, religion, nationality, membership in a particular social group, and/or race. At a first glance, the law does not provide a special protection to individuals who claim persecution based on gender. In other words, it is not poss ...

Full article »

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 ...

Full article »

Citizenship Eligibility Through Your Spouse

02 September 2016

Author: Alena Shautsova A person who received a permanent resident status in the US based on marriage to a US citizen, may apply for naturalization or US citizenship if he/she has been 2 years and 9 months in permanent resident status (provided all other conditions are met). To compare, the “regular” route would take 5 years (4 years and 9 mont ...

Full article »

3 Common Reasons For Denial Of Asylum After The Interview

02 September 2016

Author: USA Asylum Lawyer Alena Shautsova In the United States, a person who is applying for asylum affirmatively (or when a person is not in the Immigration court proceedings) will have to appear for an interview with an Asylum officer. An applicant may wait for several years before he/she is called for an interview, may forget important detail ...

Full article »

FAQ New I 601A Provisional Waiver

26 August 2016

Author: Alena Shautsova On July 29, 2016 USCIS Announced changes to go into effect on August 29th 2016 regarding much needed changes to the I-601A Provisional Waiver. For a quick synopsis the waiver initially was meant to overcome issues of inadmissibility one might face if they did not enter the country legally. Simply put, when a person is eligi ...

Full article »

Firm-Resettlement Bar To Asylum In The United States

23 August 2016

Author: USA Asylum Lawyer Alena Shautsova To qualify for asylum in the Untied States, a person must demonstrate the likelihood of persecution on account of a protected ground or past persecution, and “lack” of certain attributes that would bar a person from receiving asylum in the United States. To wit: a person cannot be convicted of a particular ...

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 »
Watch Our YouTube Channel Free Legal Videos