New York Lawyer's Legal Updates
Transportation Letter or Boarding Foil
31 October 2012Author: US green card lawyer Alena Shautsova Recently I have received many requests for assistances from my clients, permanent resident (LPR) who left the country and lost their green cards abroad. They asked me if there is a way for them to come back to the United States without applying for a green card. Yes, there is a way. A lawful permanent ...
How To File For Asylum Part III
28 October 2012Author: US Asylum lawyer Alena Shautsova ASYLUM PROCEDURE After an applicant has prepared his /her application form I-589; his/her affidavit (declaration) (See PART II); and supporting documents along with an English translation of such, an applicant need to properly assemble the package and file it. When submitting an Asylum application with th ...
How To File For Asylum Part II
24 October 2012Author: Asylum lawyer Alena Shautsova Asylum Declaration or Affidavit The most important document in Asylum package application after the form I-589 is applicant’s declaration or an affidavit. It is a sworn statement made by an asylum applicant telling his/her story. What should an asylum declaration include? Ideally, it should include everythin ...
Motion to Reopen After Removal Order
24 October 2012Author: Deportation lawyer Alena Shautsova A person after removal proceedings may file a motion to reopen or reconsider with the Immigration Court or the Board of Immigration Appeals (the BIA) to receive a permission to restart the case. The procedure is defined by the Immigration and Nationality Act, Immigration Court Practice Manual and ICE Memo ...
How To File For Asylum Part I
24 October 2012Author: Asylum lawyer Alena Shautsova Asylum Procedure Asylum process starts before a person’s submits his/or her application. First, one needs to collect or try to collect the supporting documents. Those are the documents that an applicant can use to demonstrate the truth of his/her statements. It can be medical records, police records, article ...
Immigration Hold (DETAINER) and Bond
22 October 2012Author: Immigration lawyer Alena Shautsova An Immigration hold is usually filed with the State or Federal prison when a detainee is a non- US citizen who is likely to be removed based on prior violations of Immigration laws, or as a result of a criminal conviction for which the person is in custody Nowadays, an Immigration hold is “put” on an imm ...
Students Are Ordered to Self Deport
15 October 2012Author: Deportation lawyer Alena Shautsova Recent news from San Diego, CA regarding ICE raids against the students working as gypsy cab drivers proves that ICE takes seriously violations of INA and particular prohibition on work without authorizations. The ICE officials searched the apartment building and approximately 40 students who were engage ...
Advance Parole Must be Asked in Advance
11 October 2012Author: Alena Shautsova Advance Parole is a permission to return to the United States after trip abroad. Advance Parole is issued to a person who cannot obtain a visa or otherwise doesn't qualify to be admitted to the country. Advance Parole is typically applied for by persons with TPS status, pending applications for adjustment of status, and no ...
Child Protection Status Act and Priority Date
28 September 2012Author: US green card lawyer Alena Shautsova Child Protection Status Act and Priority Date: 9th Circuit Rejects BIA Decision in Matter of Wang. For many, obtaining a green card in the US is a happy event, but for many, it means that they will be separated with their children for quite some time. The following scenario is a common one: a parent o ...
Is It Beneficial To Act As A Defense Witness If You Are Deportable?
21 September 2012Author: US deportation lawyer Alena Shautsova It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offering t ...