New York Lawyer's Legal Updates
Undocumented Workers May Recover Unpaid Wages
04 August 2013Author: 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
04 August 2013Author: 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”?
29 July 2013Author: 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
23 July 2013Author: 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
19 July 2013Author: 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)
15 July 2013Author: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)?
03 July 2013Author: 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?
03 July 2013Author: 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
01 July 2013Author: 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
30 June 2013Author: 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 ...