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How Prosecutorial Discretion Relates to Cancellation of Removal

Author: Law Office of Alena Shautsova The legal term "prosecutorial discretion" has taken on a new emphasis and become a pivotal factor in the outcomes of certain deportation and removal cases. Prosecutorial discretion refers to "the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particula ...

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DHS Takes a Different Tack with Deportation

Author: Law Office of Alena ShautsovaAttempted immigration reforms backed by the Obama administration included the 2010 DREAM Act (Development, Relief and Education for Alien Minors), which was a bill proposing that undocumented immigrants who met certain requirements and arrived in the United States as minors could have a path to citizenship. This ...

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Provisional Immigration Waivers May Help Keep Families Together

Author: NY immigration lawyer Alena Shautsova If implemented, a new proposal to change certain immigration rules by the U.S. Citizenship and Immigration Services (USCIS) may bring relief to immigrant families. The change being considered would allow provisional waivers under the Immigration and Nationality Act prior to leaving the United States fo ...

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Can I File My Asylum Application After the One Year Deadline?

Author: asylum lawyer Alena Shautsova Normally, an application for asylum should be filed within one year of applicant's last arrival to the United States. INA § 208(a)(2)(B). The 1-year period shall be calculated from the date of the alien's last arrival in the United States or April 1, 1997 whichever is later, under the Illegal Immigrat ...

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Can I Bring my Family to the US After I Received an Asylum Status?

Author: Law Office of Alena Shautsova A person granted asylum in the United States may bring his spouse and children (unmarried and under 21 at the time the USCIS receives the application for asylum). Such an application (FORM I-730) has to be filed within the two years after the grant of asylum. However, failure to file wi ...

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Who is a Child for Immigration Purposes

How One Can Bring Their Children to the US to Live With Them Author: lawyer Alena Shautsova Generally speaking, a "child" for Immigration purposes is an unmarried child under 21 years old. When the Immigration law refers to a "son" or "daughter", the law means a son or daughter who is married and/or over 21 years old. It is important to know this ...

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Marriage to a US Citizen

Author: US Citizenship lawyer Alena Shautsova Marriage to a U.S. citizen is one of the ways for a non-U.S. citizen to gain the right to live and work permanently in the U.S. Adjustment Of Status Video Quite often, however, a person who decides to marry a U.S. citizen has already been in the country "illegally" for a prolonged period of t ...

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New York Wage Theft Prevention Act

Author: criminal lawyer Alena ShautsovaNew York legislature amended its wage and hour law by the Wage Theft Prevention Act (WTPA) to 1) expand the notice of wage rate requirements that an employer must provide to its employees; 2) strengthen the rights of employees when an employer retaliates against them for taking an action against an employer f ...

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DUI / DWI conviction

Author: NY DUI attorney Alena Shautsova A conviction for Driving While Intoxicated in NY is a misdemeanor. In other words it is a crime. New York has no expungement statute which means the conviction can never be removed from your record. You will always have to say you have been convicted for a crime on any job application that asks the question. ...

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Using Social Media To Prepare A Destructive Cross-Examination

By Anthony J. Colleluori The direct testimony was devastating. Jenny, the daughter of your client's ex-wife was hiding in a bush, and witnessed an attack on her mother by your client, her step-father. As the direct examination ends, the courtroom becomes silent, only Jenny's sniffles can be heard. She is believable, but she is ...

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Making Diamonds From Your Adversary's Coal

By Anthony J. Colleluori1 "A diamond is a lump of coal that did well under pressure." Lawyers who represent the indigent (or near indigent, which is worse) are often faced with a situation in which they cannot get the quality of experts they need to represent their client. This seeming negative, can be a positive, if ...

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Defending The Child Pornography Case

By Anthony J. Colleluori Law Offices of Anthony J. Colleluori & Associates PLLC Melville NY 11747 Child Pornography is defined by 18 USC 2256 as "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether mad ...

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Law Publications And Articles

Author: Deportation Attorney Alena Shautsova In August, 2012, Fox News reported that 10 federal ICE (Immigration and Customs Enforcement) agents and officials sued the Department of Homeland Security (DHS) Secretary, Janet Napolitano and ICE Director John Morton regarding their directives, They claimed that the directives forced them to break the ...

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