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A Recent Deportation Case Victory

Author: Deportation lawyer Alena Shautsova For those facing deportation, hearing about immigration victories brings newfound hope. Such a case recently arose for two Florida girls, Daniela Pelaez and her sister Dayana. CNN reported that the Pelaez sisters met with their Florida senators in Washington to discuss the fact that a Miami immigration j ...

Avoid Immigration Scams

Author: immigration law firm of Alena Shautsova Immigration services are subject to scams, just like many other services offered in society. Ensuring you work with a qualified and experienced New York immigration lawyer can protect you against immigration scams. Such scams can lead to delays or never receiving legal status, or even worse, eventual ...

Aggravated Felony Can Mean Deportation for Legal Immigrants

Author: deportation attorney Alena Shautsova While immigration law often seems unfair, it is important to work with an immigration lawyer and also take advantages of protections under the law. A case in point involved a Japanese couple who immigrated to California in 1984. They opened a sushi restaurant and their business had expanded to two succe ...

How Previous Case Rulings Can Affect Deportation Decisions

Author: Law Office of Alena Shautsova The outcome of a deportation case depends on many factors. No two cases are the same and certain judges weigh case factors differently than others. Many legal arguments are available and which one will influence the judge to rule in an immigrant's favor is a variable. Recent deportation case with a successful ...

As Immigration Reform Lingers, States Pass Their Own Laws for Enforcement

Author: NY attorney Alena Shautsova U.S. Immigration reform remains a hot topic overdue for national reform. While U.S. Congress appears deadlocked and immigration reform stalls, a variety of states, including Arizona, Alabama, Georgia, and South Carolina, have passed their own strict state laws to enforce already existing federal immigration laws ...

Are You an Undocumented Immigrant Victimized by Domestic Violence?

Author: Immigrant lawyer Alena Shautsova Immigrants subject to domestic violence by a spouse who is a permanent resident or U.S. citizen sometimes experience threats of arrest, deportation, or denied sponsorship as a means of manipulation to keep them from leaving a harmful relationship or calling the police. Domestic violence is also a problem fo ...

Will the ARMS Act lay groundwork for the DREAM act?

Author: Law Office of Alena Shautsova In 2010 the House of Representatives passed a bill called the DREAM Act (Development, Relief, and Education for Alien Minors) which allowed minor children of undocumented immigrants to obtain conditional permanent residency if they had lived for five continuous years here, were of good moral character, and gra ...

U.S. Asylum Facts and Statistics

Author: asylum lawyer Alena Shautsova Statistics provide a basis for comparison and help determine the estimated effort and probability of obtaining certain results. Some interesting facts and statistics about U.S. asylum and refugee statuses include: According to the Department of Homeland Security (DHS) ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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. ...

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 ...

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 ...

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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