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Allowed to Stay in the US, But Not Eligible to Adjust Status

Author: Green Card Lawyer Alena Shautsova One of the most peculiar cases in Immigration Law is when a person lives in the US and technically can apply for some sort relief, but is subject to an Immigration bar, most likely due to criminal issues. It is a tough case and can cause a person to be stuck in limbo, sometimes, indefinitely. The biggest p ...

Known Unknowns of DAPA

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

Five Things To Know about New DACA

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

How To Immigrate to the Unites States

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

TPS as Basis for Adjustment of Status

Author: Green Card Attorney Alena Shautsova Temporary Protected Status (“TPS”) allows a person to stay in the US legally and work because the conditions in the person’s country are so unfortunate that the US government allows a person not to return there. The current list of countries designated for TPS can be found at USCIS website.... For exa ...

Changed Country Conditions: Filing Asylum After One Year Deadline

Author: New York Asylum Attorney Alena Shautsova Under the current law, a person seeking asylum must file his/her claim within one year of entering the US. An entry to the U.S. can be verified by evidence of inspection and admission; documents proving that the undocumented person was stopped at the border or by presenting a detailed affidavit desc ...

When Jurisdiction Exists To Challenge ICE For The Denial Of Bond

Author: Deportation Attorney Alena Shautsova ICE will have sole discretion and jurisdiction of an Immigration Judge does not exist to challenge the bond or parole determination in the following instances: That of an “Arriving Alien” whether they are a Lawful permanent resident or not. Individuals subject to mandatory detention. Individuals ch ...

ICE Denial Of Bond, Is It Still Possible To Receive Bond Or Parole?

Author: Deportation Lawyer Alena Shautsova Yes, in certain instances after ICE has denied a bond you may appeal through “Judicial Review”. If jurisdiction exists you may be eligible for an appeal through judicial review if all of the following can be proven: ICE has abused its power – when the government deems the release of the petitioner pos ...

Parole for Children from Honduras, El Salvador and Guatemala

Author: Asylum attorney Alena Shautsova USCIS has announced another important initiative for parole for children from Honduras, El Salvador and Guatemala to request to bring their children to the United States as refugees via US Refugee Admission Program (“RAP”). The applications will be considered on case by case basis, and if there are strong h ...

Obama Administrative Immigration Reform: Who Can Benefit?

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

Obama Immigration Reform

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

Can I Adjust My Status After Entering The Country On A Visa Waiver Program?

Author:Green Card Lawyer Alena Shautsova The rule of thumb for a person trying to adjust their status on a VWP (Visa Waiver Program) will be eligible for adjustment of status based on an immediate relative petition filed within the 90 day preauthorized period of stay. Make sure you are otherwise eligible for an Adjustment of Status. If you have ...

Sexual Harassment: When to Complain and the Consequences of Failure to Complain

Author: Discrimination Attorney Alena Shautsova Sexual harassment in the workplace can be devastating, whether it is a supervisor asking you to go for drinks after work on multiple occasions, or in more serious cases the forcing of unwanted sexual acts from a supervisor. If you feel threatened or uncomfortable at work due to the advances of a co-w ...

Deportation Defense: Options for Complicated Cases

Author: Deportation Attorney Alena Shautsova Removal or deportation proceeding is the name for administrative process during which an Immigration judge decides if a non-citizen should be sent back to his/her home country. To stay in the US, a non-citizen needs to provide a defense to the removal. Preparing a defense from deportation starts with ...

How to Bring Adopted Children to The US

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

Can I get a Green Card after Divorce or Separation from a US citizen?

Author: New York Green Card Attorney Alena Shautsova When a non-US citizen marries a US citizen, he/she can obtain legal status in the US though the sponsorship filed by the US citizen. If a foreign spouse is overseas, the US citizen has to file a family petition and then the foreign spouse will apply for an immigrant visa; if the foreign spouse i ...

Can I get a Green Card after Divorce or Separation from a US citizen?

Author: New York Green Card Attorney Alena Shautsova When a non-US citizen marries a US citizen, he/she can obtain legal status in the US though the sponsorship filed by the US citizen. If a foreign spouse is overseas, the US citizen has to file a family petition and then the foreign spouse will apply for an immigrant visa; if the foreign spouse i ...

K1 for Same Sex Couples (LGBT Fiancé Petition)

Author: US Immigration Attorney Alena Shautsova With the US Supreme court decision in United States v. Windsor, the US recognized federal benefits in connection with same sex couples. To wit, the US government allowed family sponsored immigration for same sex unions. Gay spouses are allowed to sponsor their loved ones for adjustment of status, i ...

K1 for Same Sex Couples (LGBT Fiancé Petition)

Author: US Immigration Attorney Alena Shautsova With the US Supreme court decision in United States v. Windsor, the US recognized federal benefits in connection with same sex couples. To wit, the US government allowed family sponsored immigration for same sex unions. Gay spouses are allowed to sponsor their loved ones for adjustment of status, i ...

Citizenship Through Military Service for Beneficiaries of DACA

Author: Citizenship Attorney Alena Shautsova The law allows permanent residents to receive citizenship after a person has been in “green card holder” status for 3 or 5 years depending on how the person acquired the residency: through marriage with the USC or some other way. Usually, a person has to become a permanent resident first, otherwise he/ ...

Green Card Lottery Rules And Pitfalls: Time To Play!

Author: Green Card Attorney Alena Shautsova US Diversity Visa Lottery or green card lottery as some call it, is a program that allows to choose candidates for the permanent residency in the US from a pool of certain countries. The lucky persons will be able to apply for an immigrant visa and move the US with the whole family ( spouses and children ...

Move Immigration Case To The Court In My New State

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

Discovery in Employment Discrimination Cases

Author: New York Employment Discrimination Attorney Alena Shautsova Majority of employment discrimination cases are filed in Federal courts, and hence the disclosure of the information by the both sides would be governed by the Federal Rules of Civil Procedure. Sometimes, a question of whether to file a case a state or federal court is a strateg ...

Asylum For Victims of Domestic Violence

Author: New York Asylum Attorney Alena Shautsova A person may successfully seek asylum in the US if he/she can demonstrate that the asserted claims are based on political opinion, religious beliefs, race, nationality or membership in a particular social group. This last category is the most open one for interpretation. In the past, it has been re ...

International Travel Rules

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

Denial of I 751 Petition to Remove Conditions from Green Card

Author: Marriage Visa Attorney Alena Shautsova Form I 751 petition to remove conditions on permanent residency, must be filed by those couples whose marriage (if one of the spouses is a non-US citizen) is younger than two years at the time of the adjudication of the immigrant visa application or application for adjustment of status. The form must ...

Adjustment of Status Based on Marriage After Illegal Entry

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

Asylum: How to Fill Out the I-589 Form

Author: New York Immigration lawyer Alena Shautsova To file for asylum in the US, a person has to fill out and submit to USCIS form I-589, that can be found on www.uscis.gov. The form is free. Every person who is filing the case on his/her own, has to read instructions to the form carefully. The form has to be filled out using black ink, and every ...

What To Do After ICE Arrests A Loved One

Author: Deportation Lawyer Alena Shautsova The first thing you should do is call an attorney, it never ceases to amaze me how many people wait a few days to call an attorney. The problem with waiting a few days, is that your loved one can be detained without bond, waive possible defenses to deportation without knowledge, or worse: be deported wit ...

Citizenship: Appeal Of Denial

Author: Citizenship Attorney Alena Shautsova Recently I have had many people come to my office after they were denied citizenship and tried to appeal the decision themselves at an N-336 hearing. After the hearing, they were also denied. The big question I get after they tell me this story is "Is there anything I can do now?" Yes, after you have e ...

Business Immigration: What Visa to Choose

Business Immigration Attorney in New York Alena Shautsova To enter the US, a person may not be inadmissible: an inadmissibility to the US may be caused by prior violations of the US laws or by criminal convictions, including convictions in the applicant’s home country; any prior visa denials and cancellations of visa must be discussed with an atto ...

Fraud in Asylum Application

Author: US Asylum attorney Alena Shautsova Thousands of people come into the United States every year to find shelter and protection form terror and abuse in their home countries. The US provides for this protection in the form of asylum: status that allows non-US citizens to live and work in the US and apply for green card (permanent residency) e ...

President To Take Administrative Action to Start the Immigration Reform

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

What can I do if my Citizenship application was denied?

Author: Citizenship Attorney Alena Shautsova Administrative Review of Citizenship Application Denial If you are denied Citizenship by a USCIS officer, you may ask for a hearing with a new immigration officer. This is called an N-336 Hearing. During this hearing you may be interviewed and given another civics and English test. Afterwards, the offi ...

Victims of crimes without legal status in the US

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 ...

Business Immigration: EB 5

Author: Business Visa Attorney Alena Shautsova Brief Overview EB5 is an Immigrant petition that allows its beneficiary to obtain permanent resident status in the United States. The procedure starts with the development of the business plan of a desired enterprise and a decision as to: in what business and what size of investment a person is read ...

Immigration Consequences of Marriage Fraud

Author: New York Immigration lawyer Alena Shautsova Immigration marriage fraud may take various forms: from exchanging moneys for marriage to conspiracy to broker individuals for marriage. Please see: What Is Marriage Fraud and How Does the USCIS Operate to Prevent It?. Finding of the marriage fraud has drastic immigration consequences but also ma ...

Adjustment Of Status Process: Green Card Based On Marriage

Author: Marriage Visa Attorney Alena Shautsova The process of adjustment of status based on marriage starts with the marriage itself. A couple can file their immigration forms the next day following their wedding: the law does not require that the couple waits any specific time to submit their applications. First, both spouses have to collect all ...

How to Pass Immigration Marriage Interview

Author: Family Visas Lawyer Alena Shautsova Do you believe that because your marriage is real you will be able to pass the Immigration interview without preparation? Let’s practice. Can you, without thinking more than 2-5 seconds about the answer, give answers to the following questions, and then ask your spouse if you got it right: Date and p ...

I-601A Provisional Waiver Procedure

Author: Provisional Waiver Attorney Alena Shautsova In January 2013 USCIS implemented a new provisional waiver application that came into effect on March 3, 2013. Recently, the waiver was expanded allowing more applicants to qualify for it. The I-601A provisional waiver allows certain relatives of the US citizens and spouses or children of lawful ...

Arrival/Departure Records Are Available Online

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

L1 Visa: How to Immigrate to the US Using Business

Author: New York Business Visa Attorney Alena Shautsova The L-1 visa allows managers, executives and other employee’s with a special knowledge crucial to the business’ development and growth to transfer from a foreign company to a branch currently doing business in the US. The L-1 Visa holder can only work for the US Employer that serves as his/ ...

Blanket L Petition

Author: New York Business Immigration Attorney Alena Shautsova When a company is frequently petitioning for L-1 visas, it is always best to obtain a Blanket L petition. Once approved, your transferee’s may now apply directly to their consulate without waiting for an individual L-1 petition to be approved by USICS. Unfortunately, the Blanket L Peti ...

K-1 Visa Process

Author: K-1 Visa Attorney Alena Shautsova When a US citizen wishes to invite his fiancé to the US, he or she has to submit a K-1 or fiancé visa petition. If granted, the petition will allow a foreign fiancé to obtain a K-1 visa to come and stay in the US for up to 90 days. Within the 90 days, a couple must get married or fiancé has to leave the US ...

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

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

Asylum Interview: How long is the Wait?

Author: US Asylum attorney Alena Shautsova Many asylum applicants are concerned with the timeline for the affirmative asylum process. It is used to be the case that after an asylum application was filed affirmatively, an applicant could have expected to be called for an interview within a couple of months after the filing date. However, within th ...

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

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

Green Card Based on Extraordinary Ability (EB 1A)

Author: Green Card Attorney Alena Shautsova A person who can demonstrate an extraordinary ability in some fields, may sponsor him or herself for the permanent residence in the US without an employer’s petition. The fields are the following: Sciences Arts Education Business Athletics An extraordinary ability is defined as a level of exper ...

How To Obtain An H-1B Work Visa

Author: Work Visa Attorney Alena Shautsova After an employer has obtained an approved Labor Condition Application (LCA) (see here) , it is time to file an H1B petition for the foreign worker. The H-1B visa allows a foreign national to accept professional jobs with the US employers. The H1B petition should be filed as soon as possible: on the fi ...

Lodged Asylum Application: New Procedure for Asylum Applicants in the Immigration Court

Author: Asylum Attorney Alena Shautsova To reflect changes caused by the Asylum class action law suit, Immigration Court practice Manual has been updated to include new definition and procedure for a lodged asylum application. The changes help asylum applicants to lock in the date from which their time for employment application will start to run ...

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

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

What is LCA or Labor Condition Application?

Author: Work Visa Attorney Alena Shautsova First Step In Obtaining A Nonimmigrant Working Visa. The first step in acquiring an H-1B specialty occupation, E-3 Australian specialty occupation worker, and H-1B1 Singapore/Chile Free Trade non-immigrant processes is to submit a Labor Condition application (LCA). This in short is the promise your empl ...

Did You Know: The US Government Is Offering An Expedited Path For Citizenship

Author: Citizenship Lawyer Alena Shautsova For those who possess required language or critical skills and are willing to enlist with the US military. Those holding critical skills – physicians, nurses, and certain experts in language with associated cultural backgrounds – would be eligible. To determine its value in enhancing military readiness, ...

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

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 ...

Get ICE Free: How To Get Released From Immigration Detention

Author: Deportation Attorney Alena Shautsova ICE or Immigration and Custom Enforcement agency is the "police" of the Department of Homeland Security. ICE officers are in charge of investigation and apprehension of those who violate the U.S. Immigration laws. Most commonly, a person gets into the ICE’s custody after he/she has been detained by regu ...

How to Win a Deportation case: The truth about your case

Author: New York Deportation Lawyer Alena Shautsova When you or a loved one has been placed into deportation proceedings it is important to understand that remorse and responsibility for your actions coupled with rehabilitation alone is not enough to win your deportation case. That being said, there needs to be a legal basis for your stay in the U ...

Tips on how to get a successful I-485 adjustment of status

Author: Green Card Lawyer Alena Shautsova An I-485 form is used to register for, or adjust to permanent residence status. This form is one of the most expensive to file with the government (currently it is $1070). It is important to verify your eligibility for adjustment of status before submitting it to USCIS because once you file, if you are den ...

Tips For A Successful I-130

Author: Green Card Attorney Alena Shautsova Filling out the form for an I-130 can be simple, fill in the blanks with the appropriate information and your done right? Not quite, a major mistake people make is differentiating between petitioner and applicant. The Petitioner will be the US Citizen or Lawful Permanent Resident; the Applicant will be t ...

Green Card Process

Author: Green Card Attorney Alena Shautsova How to Get a Green Card for Parents Parents of those US citizens who are over the age of 21 qualify to be what the USCIS considers an "immediate relative". Immediate relatives do not have to wait in line for visas because there is no cap for this particular category of an immigrant visa. Sponsoring pare ...

Parole In Place For Military Families

Author: Parole in Place Attorney Alena Shautsova On November 15, 2013, USCIS issued an official Memorandum clarifying the procedures for parole in place: a relief available for EWI (entrant without inspection) immediate relatives of the Military personnel. This relief is not a new law. In fact, it has been used by Immigration practitioners for a ...

Immigration Law: Asylum In The USA

Author: US Asylum Lawyer Alena Shautsova Asylum is a special status granted to those who can demonstrate fear of returning to their home country due to the past persecution or future persecution. A successful asylum application leads to a green card and subsequently to the US citizenship. Please visit our web page about Political Asylum In The USA ...

How to Change H1B Employer: H1B Transfer

Author: Employment Immigration Attorney Alena Shautsova Life happens: your offered a new job with a higher pay or better benefits, you want to take this new job, or in some cases have to, but you’re unsure of how to go about doing this. Statistics is clear: those attempting to handle their immigration cases themselves much more often find themsel ...

Asylum Applicant’s Due Process Rights

Author:Asylum Attorney Alena Shautsova In the recent decision by the Ninth Circuit Court of Appeals, Bondarenko v. Holder, the court held that an applicant for asylum possess due process rights that must be observed even if the government or an Immigration Judge believes that the applicant is not credible. The case is of a Russian national who w ...

How to become a US Citizen

Author: Citizenship Attorney Alena Shautsova The first step towards the US citizenship, usually, is Permanent Residency. (See How to get a green card) After you become a permanent resident or more commonly known as "Green Card holder" the next step in the long sought out process of immigrating to the US is to become a citizen. There are several ...

Green Card Based on DV Lottery

Author: Green Card Lawyer Alena Shautsova US green card based on DV or Diversity Lottery is a program established by the US government that helps to maintain diversity of the immigrants in the United States and gives applicants a chance to “win” status of a permanent resident without having to be sponsored by a family member or an employer. First ...

How to Return Immigration Bond Money

Author: New York Deportation Attorney Alena Shautsova Immigration bond is often posted by friends or family of a non-citizen who was detained by ICE in connection with immigration proceedings. The bond money sum may vary from $1500 and up. Sometimes it reaches $25,000. There is no maximum amount that can be established for the Immigration bond. V ...

Benefits, Results and Solutions to Authenticating Documents

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

How Important Is The Right To Representation In Immigration Court?

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

Green Card Based on Employment

Author: Green Card Attorney Alena Shautsova Employment based green card implies different options: first, the employment based visas maybe immigrant (EB) and non-immigrant (visas category H, L, O, P, etc. please see Non-Immigrant US visas here). Non Immigrant visas are given for temporary stay in the US, and the implication is if the person would ...

Asylum Confidentiality: The Right and Its Breach

Author: Asylum Lawyer Alena Shautsova Very often a decision to file an asylum claim is a difficult one. It is not because the person has not suffered persecution or lacks proof of his/her claim, but because the person is afraid that the information he / she shares with the government will be conveyed to his/her persecutors and the person will be h ...

Political Asylum in The USA For Belarusian Citizens

Author: Asylum Attorney Alena Shautsova Asylum applicants are often confused as to what exactly they need to show in court or during the interview to be able to sustain a successful claim. The fact that a person happens to be from a particular country, even if it is well known for violations of human rights, does not by itself guarantee that a per ...

Green Card Based On Investment

Author: US Green Card Lawyer Alena Shautsova A substantial investment is one of the ways of receiving residency in the United States. This type of immigration can also be referred as EB-5 visa. What is an EB-5 visa? The the Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through jo ...

Green Card Based on VAWA

Author: US Green Card Attorney Alena Shautsova VAWA stands for Violence Against Women Act. It is a law that allows victims of domestic violence, those who are or were in certain relationship with a US citizen or a U.S. permanent resident to sponsor themselves into the country without the help of the abusive US citizen or permanent resident. The la ...

Undocumented Workers May Recover Unpaid Wages

Author: New York Employment Attorney Alena Shautsova Thousands of US small and large business employ immigrants who the government calls “undocumented”. Those are men and women who earn their living and pay taxes but do not have a permit to work in the United State. They are not necessarily employed as agricultural or domestic workers. Quite ofte ...

Immigration Reform Updates

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

Discrimination At Work: Who Is A “supervisor”?

Author: New York Employment Discrimination attorney Alena Shautsova Workplace discrimination is one of the most unpleasant and upsetting things that may happen to anyone. One may think that in 21 century most employers are aware of the consequences of singling out an employee based on sex, race, place of origin, disability or age. The reality, how ...

Asylum: Changed Country Conditions And Motion To Reopen

Author: NY Asylum Lawyer Alena Shautsova Changed Country Conditions An application for asylum must be filed by within one year of the person’s entry into the US. One of the exceptions to this rule is changed country conditions in the country from which a person is claiming asylum. To invoke the exception, an applicant must demonstrate requiremen ...

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

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

Asylum Status: Matter of V-X-, 26 I & N Dec. 147 (BIA 2013)

Author:US Asylum Attorney Alena Shautsova In its recent decision, BIA affirmatively stated that grant of asylum is not an admission under the INA. Matter of V-X-, 26 I&N Dec. 147 (BIA 2013). What significance does this decision have for asylum status holders? Admission for immigration purposes is a term of art and it implies certain immigrat ...

What is Special Immigrant Juvenile Status (SIJS)?

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

What does “Immigration Reform” actually entail?

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

Immigration Consequences of DOMA Being Struck Down

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

Asylum Claim Based on Domestic Violence in Home Country

Author: Asylum Attorney Alena Shautsova An applicant for asylum must establish that he or she is a refugee within the meaning of INA § 101(a)(42). To qualify for asylum, an individual must demonstrate that he or she has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or politi ...

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

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

What relief is available under the Convention Against Torture (CAT)?

Author: Asylum Attorney Alena Shautsova In some instances, an individual who does not qualify for asylum may meet the threshold requirements to qualify for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). As declared in Article 3 of CAT, countries do not want to remove an individual t ...

Age Discrimination: When to Complain?

Author: Discrimination Attorney Alena Shautsova New York State and City laws, as well as Federal ADEA (“Age Discrimination Employment Act”) protect workers from age discrimination: it is illegal to subject employees to harassment, disparate treatment and retaliation. Different laws provide different frames of protections, with the New York City l ...

Immigration 800 Number

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

Spousal Visa Denial: What’s Next?

Author: US Visa Attorney Alena Shautsova Every year, thousands of U.S. citizens get married to foreigners and if they thought that the marriage and wedding is the most tiring part, they were bitterly mistaken. After the wedding, the happy couples have to “deal” with the maze of the U.S. immigration laws. Some brave hearts attempt to do it on their ...

Anthropologists Study the Prevalence of Sexual Harassment

Author: Sexual Harassment Attorney Alena Shautsova Anthropology is the science that studies mankind in terms of physical and cultural development including biological characteristics, social customs and beliefs. As in many other scientific areas, scientists engage in fieldwork in remote and uncivilized locations. According to an article in A ...

Winning DV Lottery and Next Step

Author: US Green Card Lawyer Alena Shautsova May is the time of the year when applicants for the Diversity Lottery learn if they were selected for further processing. Typically, the number of those selected is much higher than the number of available immigrant visas. Why? Because many applicants will be disqualified based on misrepresentation in t ...

Rights for the Mentally Disabled to Have Representation in Deportation Proceedings

Author: Deportation Lawyer Alena Shautsova We are all familiar with the constitutional right to legal counsel for those individuals who cannot afford a lawyer in criminal cases. However, in immigration cases, such as deportation, immigrants do not have the same right to legal counsel. They must represent themselves if they cannot afford an attorne ...

Detained By Ice: Can You Get A Bond?

Author: Deportation Lawyer Alena Shautsova ICE detention is usually occurs when a non-citizen is suspected to be removable from the US. Often, ICE (Immigration Custom Enforcement) places a hold on individual who is in State detention facilities, but an undocumented person can be also apprehended at the airport, or a bus station. An immigration de ...

Immigration Reform: Shall You Wait for Changes

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

U.S. Supreme Court Ruling on Drug Possession Affects Deportation

Author: Deportation Lawyer Alena Shautsova Immigrants who commit an aggravated felony are subject to deportation under the Immigration and Nationality Act (INA) whether they have legal status and are productive or are illegally present in the United States. The L.A. Times recently reported that the U.S. Supreme Court ruled seven to two in the ...

Boston Bombing and the Immigration Reform Effort

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

Colorado Repeals Immigration Law Provision about Reporting Suspected Status Violations

Author: US Immigration Attorney Alena Shautsova In 2006, Colorado passed a law requiring that law enforcement officials report people who were suspected of immigration law violations to federal authorities. At the beginning of April, 2013, the Colorado legislature repealed this immigration law provision. According to a Fox News article, test ...

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

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

What Is the H-1B Visa Cap?

Author: US Visa Attorney Alena Shautsova An H-1 B Visa is a non-immigrant visa that permits employers to hire foreign workers with specialty occupation skills on a temporary basis. When the sponsoring employer dismisses the worker or the worker quits, workers must apply for a status change to remain legally in the United States. Status change ofte ...

The Immigration Bill Nears Its Final Draft

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

Immigration Forms: Where to Find Them and How to Fill Them Out

Author: New York Immigration Attorney Alena Shautsova Any application or petition for Immigration benefits starts with submission of immigration forms. All immigration forms can be located at www.uscis.gov website, and they are free. Immigration forms are usually posted in the PDF fillable format, but some of the forms are easier to be filled out ...