Law Publications And Articles

Free Legal Updates Sign Up

New NTA Policy Starting October 1, 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

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

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

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

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

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

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

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

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?

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 ...