Law Publications And Articles
Permanent Bar: Possible Solutions
21 March 2018Author: New York Immigration lawyer Alena Shautsova A permanent bar is a scary thing for any immigrant: a permanent bar means that a person is disqualified from any relief in the US until he/she serves 10 years outside of the United States. There is no waiver for a permanent bar. In addition, after the 10 years are served, a person has to obtain ...
IJ Must Consider Immigrant’s Ability To Pay When Setting The Bond
15 March 2018Author: Immigration Attorney Alena Shautsova An immigration bond is an amount an immigrant has to pay to be released from the immigration detention. The usual situation involving an immigration bond would unfold when asylum seekers I detained at the border and placed in detention pending credible fear interview. If an asylum seeker passes an inter ...
Asylum: Family As A Social Group And Ms-13 Gang
05 March 2018Author: Asylum Lawyer Alena Shautsova A family as a social group for the purposes of asylum claims is a relatively new trend: the Board of Immigration Appeals (BIA) recognized the family as a social group in 2011. The law is not settled yet, however, and many cases are hard to win at the first level, especially if the one-year deadline was los ...
US Supreme Court Decision Regarding Immigration Bond
05 March 2018Author: New York Immigration Lawyer Alena Shautsova On February 27, 2018, US Supreme Court in the case of Jennings v. Rodriguez stated that the lower Federal Court (the Ninth Circuit court) was wrong when held that detained immigrants have a right to periodic bond hearings. It has to be noted that under the Immigration law, usually, in a case ...
Stuck I 751 Petition
12 February 2018Author: Green Card Attorney Alena Shautsova An I 751 petition is a petition that has to file by a conditional resident who received his/her status based on marriage. Without the grant of the I 751 petition, a person’s application for citizenship (naturalization) would not be granted. It is a necessary step towards “legalization” in the US. I ...
Possible New Law To Help Dreamers
12 February 2018Author: New York Immigration Attorney Alena Shautsova The United and Securing America act has been introduced by both Republicans and Democrats early this February. The U.S.A Act might have a chance of actually passing because it has been supported by both sides of the Congress. How would it work? 1. The Bill would provide cancellation of remo ...
Asylum One Year Filing Deadline Exception: Changed Circumstances
20 January 2018Author: Asylum Attorney Alena Shautsova Ordinally, a person who would like to ask for asylum in the United States has to do so within one year of his/her entry. However, if one missed the deadline, the law provides him/her with a second chance in certain situations, but only if the person acts within a reasonable time. One such a situation is whe ...
El Salvador Loses TPS Protection
12 January 2018Author: New York Immigration Attorney Alena Shautsova On January 8, 2018, the Trump Administration announced revocation of TPS for El Salvador. In a statement, Secretary of Homeland Security Kirstjen M. Nielsen announced that: To allow for an orderly transition, the effective date of the termination of TPS for El Salvador will be delayed 18 month ...
USCIS V. EOIR: Jurisdiction In Asylum Cases
05 January 2018Author: US Asylum lawyer Alena Shautsova An asylum process in the US will depend on whether a person is filing for asylum when he/she is in Immigration court proceedings (defensively), or if he/she files for asylum proactively without being placed in Immigration court proceeding (affirmatively). Whether an application has to be submitted to t ...
TPS For Honduras Holders: Automatic Extension
05 January 2018Author: Alena Shautsova The US government may determine that nationals of certain countries may require special protection and provide a temporary protection status (TPS) for them. A TPS may be granted for those who entered the US legally or illegally, those who were in deportation or removal proceedings; and those who cannot adjust their stat ...