New York Lawyer's Legal Updates
May the Migrant Workers Apply for DACA Relief?
05 September 2012Author: Immigration attorney Alena Shautsova While the USCIS accepting applications from hundreds of undocumented young people, many still will not qualify as they cannot produce proof of school attendance or being currently in school. This is particularly true for migrant workers, those who come to work seasonally. In addition, this category of ...
Tough Economic Times See Increases in Discrimination Claims
02 September 2012Author: Discrimination lawyer Alena Shautsova As economic conditions change, sometimes job markets favor employees and sometimes they favor employers. The supply/demand ratio in the current market shows a greater supply than demand for employees, and unemployment rates are higher than the nation has seen for decades. Such conditions make it an emp ...
Deferred Action Application for Childhood Arrivals
29 August 2012Author: Immigration lawyer Alena Shautsova With an announcement of the new Obama supported Immigration policy for young undocumented immigrants, millions received hope to stay and work in the country legally. The deferred action application process calls for submission of certain forms published on the USCIS website, as well as supporting documen ...
Discrimination Lawsuit brought by DOJ against Interstate Farm Company
25 August 2012Author: Law Office of Alena Shautsova Work-authorized non-citizens brought a lawsuit against Rose Acre Farms through the Department of Justice (DOJ) that alleged discriminatory employment practices. The Immigration and Nationality Act (INA), as explained by the DOJ, does not allow employers to require additional or other than specified documentat ...
Deferred Action
21 August 2012Author: Law Office of Alena Shautsova As the USCIS published instructions to the new deferred action program for young people (Form I-821D), many applicants should be aware of possible pitfalls. First, the instructions specify that the deferred action will be available for those applicants who do not have a record of felony or serious misdemeanor ...
Two Extremes: California's TRUST Act And Arizona's Immigration Law
17 August 2012Author: Law Office of Alena Shautsova The California Senate passed AB1081, called the TRUST Act. This bill seeks to prevent law enforcement officials from referring undocumented immigrants to Immigration Customs Enforcement (ICE) unless the courts convict the individual of a violent crime or felony. The nickname for this bill is the "anti-Arizona ...
Civil Rights Groups Continue Challenging Arizona Immigration Law
12 August 2012Author: Law Office of Alena Shautsova While the U.S. Supreme Court rendered its decision in the Arizona Immigration Law case, more lawsuits still challenge the validity of the provision that the Supreme Court upheld. CNN reported that a coalition of civil rights organizations filed a federal court motion to block the provision that requires offic ...
Same Sex Marriage Lawsuit Challenges DOMA as Applied to Immigration
Author: Lawyer Alena Shautsova Recently, a same sex couple in California filed a lawsuit in federal court to challenge the deportation of same sex couples. The Defense in Marriage Act (DOMA) is a federal law passed in 1996 that only recognizes marriages of opposite sex couples. This particular case is brought by Jane DeLeon ...
U.S. Supreme Court Rendered Decision On Arizona Immigration Law
Author: Immigration lawyer Alena Shautsova U.S. Supreme Court Accepted One Section and Rejected Three Sections of AZ Immigration Law. The Supreme Court rendered its decision on the highly controversial Arizona immigration law that proposed extensive regulation of undocumented immigrants. The justices upheld one section of the Arizona law and reje ...
Cases Where Labor Law and Immigration Law Both Apply
Author: NY Law Firm of Alena Shautsova Deciding certain cases may require the court to determine the weight of immigration law versus employment law. This is what happened in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), a case that went all the way to the Supreme Court for final decision. The case involved a ...