New York Lawyer's Legal Updates
Who Can Benefit From Provisional Waiver
01 February 2013Author: Immigration Attorney Alena Shautsova On March 4, 2013 new immigration rules regarding the provisional waiver (I-601A) will come into effect (see more here). It is important to understand who may benefit from the new process of considering waivers of unlawful presence. First, the basic eligibility criteria for applying for the provisional ...
Immigration Reform under Georgia State Law Takes a New Turn
21 January 2013Author: Immigration Lawyer Alena Shautsova Similar to Arizona and Alabama, Georgia passed an immigration law that allowed law enforcement authorities to check the immigration status of criminal suspects. However, a court injunction stopped the police from initially implementing the status check. The Jurist reports that the US District Court for th ...
Can Those Facing Gang Violence in Native Countries Obtain U.S. Asylum?
17 January 2013Author: US asylum Lawyer Alena Shautsova Gang violence as a source of persecution is a legal area that may soon come under further judicial scrutiny. The Wall Street Journal (WSJ) published an article about a case involving an undocumented minor named Josue Rafael Orellana Garcia, who fled from Honduras when he was 17 and illegally entered the Un ...
Challenges Involved With Immigrant Marriage Petitions
14 January 2013Author: US Citizenship Lawyer Alena Shautsova Marriage petitions are often a faster route to citizenship, especially when compared with other paths immigrants can take. Unlike immigration options where quotas restrict aliens from obtaining visas and green cards, the United States has no limit on marriage petitions. Unfortunately, abuse of this le ...
High Profile Sexual Harassment Case against Waffle House Chairman
11 January 2013Author: Law Office of Alena Shautsova Sometimes women are reluctant to bring a sexual harassment case against an employer for fear of the repercussions. Losing their jobs is generally a major consideration, especially in today’s tight job market. Such was the case of a woman who worked as the housekeeper and personal assistant of the Chairman of ...
What Is the Secure Communities Program?
09 January 2013Author: New York Immigration Attorney Secure Communities is an ICE (U.S. Immigration and Customs Enforcement) program that uses the already established connection between ICE and the FBI (Federal Bureau of Investigation) to identify illegal immigrants involved in criminal activity. The Secure Communities program allows ICE to function without impo ...
What To Do If Your Family Member Has ICE Hold?
08 January 2013Author: New York Deportation Attorney Many times a person ends up in the Immigration Court because of State or Federal charges submitted against him/her or because of the State or Federal conviction. It happens because nowadays every jail and court has an ICE representative in it, and this person quickly scans and analyzes the records of every de ...
ICE Discontinues 287(g) in 2013
06 January 2013Author: Law Office of Alena Shautsova The 287(g) program derives its name from 287(g) of the Immigration and Nationality Act. The 287(g) program is a part of the ICE ACCESS (Agreements of Cooperation in Communities to Enhance Safety and Security) program, which is an overall program that provides local law enforcement officers assistance through I ...
President Obama Plans to Tackle Immigration Reform
04 January 2013Author: Law Office of Alena Shautsova According to various news outlets about immigration reform, including the Portland Press, once the fiscal cliff is behind us, President Obama promises to focus on extensive immigration reform. Border security and a path to citizenship are several major goals he intends to address through legislation. The new b ...
Asylum Seekers: The Standard Of Proof For Persecution
30 December 2012Author: US Asylum Lawyer Alena Shautsova Asylum seekers claim in the US has a burden of proof to demonstrate that she/he was subjected to persecution and/or she/he possess a reasonable fear of future persecution. What amounts to a persecution? It must be noted that in some cases, a lay person would determine that defiantly an applicant deserves as ...