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Former Conditional Residents Will Be Able To Readjust Without The Court Proceedings

22 November 2019

Author: New York Immigration attorney Alena Shautsova When a person receives the status of a permanent resident before his or her marriage is more than 2 years old, or if a person is an investor, he or she usually will become a conditional resident, with the residency given for 2 years. That condition from the residency will have to be removed b ...

Asylum Backlog, Decision Delays And Follow Up

28 October 2019

Author: New York Asylum attorney Alena Shautsova Asylum cases that were filed before January 2018 may be pending for a very, very long time: years. At times, a person appears for an interview, but the decision is taking much longer than the usual two weeks. If you need to submit additional evidence before your interview, in New York, new materi ...

Trump’s Health Insurance Plan For Immigrant Visa Applicants

07 October 2019

Author: Alena Shautsova President Trump recently announced that starting November 3, 2019, all Immigrant visas for those who are not exempt from the public charge rule should be denied unless a person can demonstrate that he/she will have approved health insurance coverage in the US within 30 days of entry or can cover the medical expenses. To a ...

Asylum Based On Political Opinion

25 September 2019

Author: USA Asylum Lawyer Alena Shautsova A person applying for asylum in the US has to present his/her claim based on one of the enumerated grounds. Political opinion is one of them. Many actually refer to asylum benefit in the US as “political asylum.” It is surely one of the most popular grounds, but not the only one. Typically, when we say ...

New Trends In Naturalization Proceedings: Good Moral Character

19 September 2019

Author: US Citizenship Attorney Alena Shautsova I read an article recently that a former political prisoner of Cuba, who advocated against Fidel Castro, was actually detained in Cuba, and later released on the request of the US government and was able to come to the US, was denied US citizenship. USCIS denied him naturalization petition, and the ...

New Public Charge Rule

12 September 2019

Author: New York Immigration Attorney Alena Shautsova Will you or our family member be regarded as a public charge under the new rules that come into effect on October 15, 2019? The answer is crucial: if it is a YES, it means you or your loved one may not be able to receive a green card (permanent residency) in the United States or even come to ...

Expansion Of Expedited Removal: New Attack On Due Process Rights

05 August 2019

Author: Tomas Greenberg, Alena Shautsova   It’s no secret that the current U.S. administration has been cracking down on immigration, and a new policy released by President Trump has only further strengthened these efforts. The policy expands the process of expedited removal—when the U.S. Customs and Border Protection (CBP) quickly removes ...

Asylum For MAVNI Applicants

05 August 2019

Tomas Greenberg, Alena Shautsova   The U.S. government launched the Military Accessions Vital to the National Interests Program (MAVNI) in 2009 to recruit immigrants with language or medical capabilities to the U.S. armed services. Although the program shut down in 2016, a data breach in the military between July 2017 and January 2018 accidental ...

Green Card Based On Marriage To The USC

23 July 2019

Author: Alena Shautsova One of the ways to obtain a US permanent residency without leaving the US is through marriage to a US citizen. However, not everyone will be eligible for this route. Here are the most common issues that arise when someone is marrying a US citizen: 1. BONA FIDE MARRIAGE The first requirement for adjustment would be to pr ...

Special Immigrant Juvenile Status: How To Serve Your Parents

15 July 2019

Author: Immigration Attorney Alena Shautsova Special Immigrant Juvenile Status is a good option for children (under 18 or 21 depending on the state law) who were abandoned, neglected or abused by one or both parents and who now are seeking legal status in the US. The first step in obtaining the status would be to go through Family court proceedi ...

Voluntary Departure: Types And Benefits

03 July 2019

Author: New York Immigration Attorney Alena Shautsova Voluntary departure is a form of relief from removal. Once the Immigration court proceedings began, one cannot simply leave the US without risking having an order of removal in absentia. At times, voluntary departure is the only option. Sometimes, you choose it strategically: not to have an ord ...

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. ...

Same Sex Marriage After Marriage To A Person Of Opposite Sex

19 May 2019

Author: Green Card Attorney Alena Shautsova In 2013, the United States Supreme Court recognized the validity of the same-sex marriage. Since that time, USCIS granted numerous cases for the individuals in same-sex marriages, as well as petitions submitted for the same-sex fiancés, waivers, cancellation of removal cases, etc. The question that ari ...

Summary Of Recent Immigration Law Changes

08 May 2019

Author: Alena Shautsova Immigration law is one of the fastest changing areas of practice. It is so because unlike in other law areas, the changes may come from the President, USCIS, Board of Immigration Appeals and courts in addition to ... law itself. Here are the key points of what happened within the past month: President Trump announces ...

BIA Motion To Reopen SUA SPONTE

08 May 2019

Author: Alena Shautsova If removal or deportation proceedings were lost, a person will have an order of deportation/removal against them. At times, a person would fail to appear in Immigration courts proceedings completely and will have an order of removal/deportation entered against them in absentia. But an order of removal does not mean that a ...

When A State Marijuana-Related Arrest Or Activity Can Become A Citizenship Problem

22 April 2019

Author: US citizenship Lawyer Alena Shautsova Recently, in response to states’ trying to decriminalize the use of marijuana, USCIS published policy updates stating that certain actions even though might not be criminal on a state level will be regarded as a “problem” when it comes to Immigration. The exact language of the USCIS’s announcement read ...

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 ...

Recapturing Priority Date For An Aged Out Children Of LPR

08 April 2019

Author: New York Family Immigration Attorney Alena Shautsova Priority dates in immigration play vital role: when priority date is current, a person who had a petition filed for them can adjust their status or file for an Immigrant visa. In some categories, people wait for years or even decades for a priority date to become "current". In a cer ...

VAWA And 212(h) Waiver

20 March 2019

Author: New York Immigration Attorney Alena Shautsova VAWA is relief available to certain batted spouses, parent and children, of USC or LPR. 212(h) waiver helps those applying for adjustment of status or an Immigrant visa to waive inadmissibility related to certain convictions, including, at times, aggravated felony convictions. 212(h) waiver i ...

Proposed Dream And Promise Act 2019

14 March 2019

Author: New York Immigration Attorney Alena Shautsova With the new year comes new hopes: the House Democrats introduced a new Immigration Bill that potentially can help millions ...those who have TPS and Dreamers. The Bill, if passed, would allow TPS holders to file for a green card directly. Then, once a person spends five years in a green card ...

RFE, NOID And NOIR: Can You Still Win Your Case?

06 March 2019

Author: US Green Card Attorney Alena Shautsova Every applicant for Immigration benefits is probably aware of certain notices USCIS may send such as request for more evidence (RFE), notice of intent to deny (NOID) and notice of intent to revoke (NOIR). As it turns out, it is not so bad if you receive such notices, because according to the recent ...

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 ...

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. ...

New Policy Changes For Citizenship English Requirements Waiver

21 December 2018

Author: US Citizenship Attorney Alena Shautsova One of the requirements for naturalization is for the person to be able to read, write and speak English. In some cases, however, the US government may waive this retirement if a person can establish that he/she has a certain disability that prevents him or her to learn English. In such a case, a p ...

Do Not Leave USA If I 131 Advance Parole Is Pending!

20 December 2018

Author: NY Immigration Attorney Alena Shautsova Form I 131 can be used for a variety of applications connected with travel: A refugee travel document, parole in place, a reentry permit, etc. Often, persons who have a pending adjustment of status in the US, for example, would apply for permission to travel abroad while the application is pending. F ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

5 Things You Need To Know If You Will Be Representing Yourself In Immigration Court

03 December 2017

Author: US Immigration Attorney Alena Shautsova If you are considering representing yourself in Immigration court, you need to educate yourself on some important points. You should know that in a hearing that will take place, you will be the only non-legally trained person, apart from your interpreter (if you will need one). It means that you ha ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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