https://www.shautsova.com/law-publications/law-cases-articles.html New York lawyer law blog. Law publications, articles and posts about immigration, criminal and employment discriminationcases en-us © 2012 Law Offices Of Alena Shautsova. Tue, 06 Mar 2012 06:00:00 EST 7200 https://www.shautsova.com/law-publications/law-cases-articles.html https://www.shautsova.com/images/logosFon.jpg 144 76 Law blog of New York lawyer. https://www.shautsova.com/law-publications/eb1-2024-2025-what-aao-decisions-uscis-guidance-mean.html https://www.shautsova.com/law-publications/eb1-2024-2025-what-aao-decisions-uscis-guidance-mean.html As a New York immigration lawyer guiding EB-1 filings for researchers, founders, artists, and executives, I’m seeing clear patterns in how USCIS and the Administrative Appeals Office (AAO) are reading the rules right now. Below I unpack the latest USCIS policy guidance and very recent AAO non-precedent decisions—and translate them into practical, https://www.shautsova.com/law-publications/recent-uscis-memo-good-moral-character-naturalization.html https://www.shautsova.com/law-publications/recent-uscis-memo-good-moral-character-naturalization.html By New York Immigration Lawyer Alena Shautsova On August 15, 2025, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0188, instructing officers to apply a rigorous, holistic “totality of the circumstances” review when deciding Good Moral Character (GMC) for naturalization. In plain terms: officers must now consider https://www.shautsova.com/law-publications/uscis-policy-update-anti-american-views-now-key-factor.html https://www.shautsova.com/law-publications/uscis-policy-update-anti-american-views-now-key-factor.html By New York Immigration Lawyer Alena Shautsova What Changed? On August 19, 2025, USCIS updated its Policy Manual (Volume 1) to direct officers to assign “overwhelmingly negative discretionary weight” to applicants who have “endorsed, promoted, supported, or otherwise espoused the views of an anti American or terrorist organization or group,” incl https://www.shautsova.com/law-publications/i129f-vs-i130-petition-right-bringing-partner-the-usa.html https://www.shautsova.com/law-publications/i129f-vs-i130-petition-right-bringing-partner-the-usa.html New York Immigration Lawyer: ALENA SHAUTSOVA When love crosses borders, U.S. immigration law offers a few paths to unite couples. Two of the most common are Form I-129F (Petition for Alien Fiancé(e)) and Form I-130 (Petition for Alien Relative). At first glance, they may seem interchangeable—but they serve very different purposes, and choosing the https://www.shautsova.com/law-publications/eb2-niw-rfe-guide-new-york-immigration-lawyer.html https://www.shautsova.com/law-publications/eb2-niw-rfe-guide-new-york-immigration-lawyer.html Author: EB2 NIW Attorney Alena Shautsova Understanding EB-2 NIW RFEs A Request for Evidence (RFE) is issued by USCIS when they believe a petition may be approvable but lacks sufficient documentation to make a decision. It explicitly outlines what’s missing or unclear, giving you a chance to strengthen your case rather than being outright denied. https://www.shautsova.com/law-publications/carry-green-card-all-times.html https://www.shautsova.com/law-publications/carry-green-card-all-times.html Author: New York Immigration Lawyer Alena Shautsova As a U.S. immigration lawyer based in New York, I am often asked by lawful permanent residents (LPRs): “Do I really have to carry my green card with me everywhere I go?” The short answer is yes—and the consequences for failing to do so may surprise you. Legal Requirement to Carry a Green Card https://www.shautsova.com/law-publications/uscis-asylum-interview-what-to-expect-tips-asylum-lawyer.html https://www.shautsova.com/law-publications/uscis-asylum-interview-what-to-expect-tips-asylum-lawyer.html Author: New York Asylum Lawyer Alena Shautsova If you're applying for asylum in the United States, one of the most important—and often intimidating—steps in the process is the USCIS asylum interview. As a New York-based asylum lawyer with years of experience helping immigrants through this process, I know how overwhelming this day can be. But with https://www.shautsova.com/law-publications/i-485-denial-what-means-what-do-next.html https://www.shautsova.com/law-publications/i-485-denial-what-means-what-do-next.html By Alena Shautsova | New York Immigration Lawyer Helping immigrants build a life in the United States—one case at a time. Adjustment of Status (Form I-485) is the final step in many U.S. immigration journeys. Whether based on family, employment, asylum, or other categories, it allows immigrants already in the U.S. to apply for https://www.shautsova.com/law-publications/green-card-through-marriage-what-can-go-wrong.html https://www.shautsova.com/law-publications/green-card-through-marriage-what-can-go-wrong.html By Alena Shautsova, New York Immigration Lawyer Helping families unite and navigate the complexities of U.S. immigration law. A green card through marriage is one of the most common and often the fastest ways to obtain permanent residency in the United States. However, this seemingly straightforward process is riddled with potential https://www.shautsova.com/law-publications/i601-waiver-overcoming-immigration-barriers-legal-help.html https://www.shautsova.com/law-publications/i601-waiver-overcoming-immigration-barriers-legal-help.html By Alena Shautsova, Immigration Waiver Lawyer | Call 917-885-2261 Helping families stay united through strategic immigration waiver representation. The United States immigration system offers several pathways to lawful status—but it also imposes strict rules. Sometimes, a person applying for a visa or green card is found inadmissible due to cer https://www.shautsova.com/law-publications/how-to-prepare-direct-examination-asylum-individual-hearing-immigration-court.html https://www.shautsova.com/law-publications/how-to-prepare-direct-examination-asylum-individual-hearing-immigration-court.html By Alena Shautsova, New York Immigration Lawyer The Best Immigration Lawyer in the USA Securing asylum in the United States requires more than just filing Form I-589. For many applicants, the most critical stage is the Individual Merits Hearing before an Immigration Judge (IJ). This is where your case will be decided. At the heart of that https://www.shautsova.com/law-publications/how-to-change-status-b1-b2-to-f1-visa.html https://www.shautsova.com/law-publications/how-to-change-status-b1-b2-to-f1-visa.html By Alena Shautsova, New York Immigration Lawyer Your Best Immigration Lawyer in the USA Changing your status from a B1/B2 visitor visa to an F-1 student visa can be a strategic pathway for individuals who decide to pursue education while already in the United States. However, this process involves detailed legal steps and strict compliance with i https://www.shautsova.com/law-publications/what-to-do-increased-immigration-enforcement-deportation.html https://www.shautsova.com/law-publications/what-to-do-increased-immigration-enforcement-deportation.html By Alena Shautsova, New York Immigration Lawyer Your Best Immigration Lawyer in the USA Recent years have brought a sharp increase in immigration enforcement, with more detentions, workplace raids, and deportation orders. The United States Immigration and Customs Enforcement (ICE), in coordination with local law enforcement and the Depart https://www.shautsova.com/law-publications/adjustment-status-arriving-aliens-exclusion-proceedings-parole.html https://www.shautsova.com/law-publications/adjustment-status-arriving-aliens-exclusion-proceedings-parole.html By Alena Shautsova, New York Immigration Lawye Helping immigrants in New York and across the USA When it comes to adjusting status in the United States, few areas of immigration law are more nuanced and misunderstood than adjustment of status for arriving aliens, especially those who were once in exclusion proceedings. With the passage of th https://www.shautsova.com/law-publications/self-sponsoring-your-h1b-visa.html https://www.shautsova.com/law-publications/self-sponsoring-your-h1b-visa.html The 2025 H-1B modernization rule has fundamentally reshaped U.S. immigration pathways for foreign entrepreneurs, creating unprecedented opportunities to self-sponsor visas through their own startups. This guide provides an exhaustive analysis of the regulatory landscape, strategic considerations, and operational requirements for leveraging this t https://www.shautsova.com/law-publications/o1-visa-extraordinary-talent-who-qualifies-how-apply.html https://www.shautsova.com/law-publications/o1-visa-extraordinary-talent-who-qualifies-how-apply.html By Alena Shautsova, New York Immigration Lawyer Are you a highly accomplished artist, scientist, athlete, entrepreneur, or entertainer seeking a path to work in the United States? The O-1 visa, also known as the extraordinary ability visa, might be the perfect fit for your immigration journey. In this article, we’ll break down everything you https://www.shautsova.com/law-publications/convention-against-torture-vital-relief-immigrants-criminal-convictions.html https://www.shautsova.com/law-publications/convention-against-torture-vital-relief-immigrants-criminal-convictions.html By Alena Shautsova, New York Immigration Lawyer
 When facing removal proceedings, especially due to criminal convictions, many immigrants feel their options are limited. Traditional reliefs like asylum or withholding of removal often have stringent bars related to criminal history. However, the Convention Against Torture (CAT) remains a crucia https://www.shautsova.com/law-publications/how-to-appeal-denied-asylum-immigration-case.html https://www.shautsova.com/law-publications/how-to-appeal-denied-asylum-immigration-case.html By Alena Shautsova, New York Immigration Lawyer
 Receiving a denial on your asylum or immigration case can be devastating. But it’s important to remember: a denial is not the end. You may have powerful options to appeal or reopen your case and still obtain immigration relief. As a seasoned immigration appeal lawyer, I help clients nationwid https://www.shautsova.com/law-publications/how-to-win-asylum-case-the-usa-guide.html https://www.shautsova.com/law-publications/how-to-win-asylum-case-the-usa-guide.html By Alena Shautsova, New York Immigration Lawyer Seeking asylum in the United States is a life-saving path for many immigrants fleeing persecution. As a New York immigration lawyer with years of experience in handling complex asylum cases—especially for Russian, Ukrainian, and other Eastern European clients—I understand the fears, hopes, and un https://www.shautsova.com/law-publications/how-to-file-vawa-safe-path-green-card-vawa-immigration-lawyer.html https://www.shautsova.com/law-publications/how-to-file-vawa-safe-path-green-card-vawa-immigration-lawyer.html By Alena Shautsova, New York Immigration Lawyer
 Every year, countless immigrants in the United States face abuse at the hands of U.S. citizens or lawful permanent resident family members. Fear of deportation or being separated from their children often keeps them silent. But there is hope: the Violence Against Women Act (VAWA) provides a powerf https://www.shautsova.com/law-publications/eb2-niw-visa-2025-requirements-tips-winning-case.html https://www.shautsova.com/law-publications/eb2-niw-visa-2025-requirements-tips-winning-case.html By Alena Shautsova, New York Immigration Lawyer
 In today’s competitive immigration landscape, the EB2 National Interest Waiver (NIW) stands out as one of the most powerful immigration pathways for professionals, entrepreneurs, and researchers. It allows talented individuals to self-petition for a green card without employer sponsorship—a critic https://www.shautsova.com/law-publications/traveling-abroad-pending-n400-i751-i90-guide.html https://www.shautsova.com/law-publications/traveling-abroad-pending-n400-i751-i90-guide.html By Alena Shautsova, New York Immigration Lawyer Many immigrants living in the United States worry about traveling abroad while their immigration applications are pending. Common forms that raise travel questions include the N-400 (Application for Naturalization), I-751 (Petition to Remove Conditions on Residence), and I-90 (Application to Replace https://www.shautsova.com/law-publications/understanding-laken-riley-act-mpact-immigration-law-2025.html https://www.shautsova.com/law-publications/understanding-laken-riley-act-mpact-immigration-law-2025.html Immigration law in the United States continues to evolve dramatically, and 2025 is no exception. One of the most discussed and controversial pieces of legislation this year is the Laken Riley Act. If you are concerned about how this new law may affect you or your loved ones, it is crucial to work with a qualified immigration lawyer who can guid https://www.shautsova.com/law-publications/removal-defense-strong-case-immigration-court.html https://www.shautsova.com/law-publications/removal-defense-strong-case-immigration-court.html By Alena Shautsova, New York Immigration Lawyer Facing removal (deportation) proceedings can be one of the most terrifying experiences for an immigrant in the United States. Fortunately, there are legal defenses available that, if properly presented, can stop removal and offer a pathway to lawful status. In this guide, we will explore the main https://www.shautsova.com/law-publications/american-families-united-act-beacon-hope-2025.html https://www.shautsova.com/law-publications/american-families-united-act-beacon-hope-2025.html In a year filled with changes to immigration policies, the American Families United Act stands out as a bright light for millions of immigrants seeking stability and justice. This proposed legislation promises to offer meaningful relief to families caught in the web of complicated immigration laws. If you or your loved ones are impacted by immigr https://www.shautsova.com/law-publications/sanctuary-cities-under-fire-what-need-know-2025.html https://www.shautsova.com/law-publications/sanctuary-cities-under-fire-what-need-know-2025.html Author: Immigration lawyer Alena Shautsova In 2025, immigration policies in the United States are undergoing major transformations, and sanctuary cities have become a heated focal point of national debate. As President Trump signs new executive orders targeting sanctuary jurisdictions, millions of immigrants and their families are seeking truste https://www.shautsova.com/law-publications/what-is-real-id-can-green-card-holders.html https://www.shautsova.com/law-publications/what-is-real-id-can-green-card-holders.html By Alena Shautsova, New York Immigration Lawyer If you're preparing to board a domestic flight or access certain federal facilities in the United States, you've probably heard about something called a REAL ID. But what is it exactly? Does a green card count as a REAL ID? And who can actually receive one? As a trusted New York Immigration lawyer https://www.shautsova.com/law-publications/can-you-get-green-card-witness-crime-the-us.html https://www.shautsova.com/law-publications/can-you-get-green-card-witness-crime-the-us.html By Alena Shautsova, New York Immigration Lawyer Being in the wrong place at the wrong time can sometimes lead to an unexpected opportunity—especially when it comes to U.S. immigration. If you're undocumented or in a temporary immigration status and you've witnessed a crime, you may be wondering whether your cooperation with law enforcement can hel https://www.shautsova.com/law-publications/i130-petition-taking-too-long-expert-tips.html https://www.shautsova.com/law-publications/i130-petition-taking-too-long-expert-tips.html By Alena Shautsova, New York Immigration Lawyer The I-130 Petition is often the very first step in bringing your loved ones to the United States. But what happens when the process feels like it’s taking forever? If you’ve filed Form I-130, Petition for Alien Relative, and are still waiting after months—or even years—you’re not alone. As a seaso https://www.shautsova.com/law-publications/travel-without-green-card-tips-us-permanent-residents.html https://www.shautsova.com/law-publications/travel-without-green-card-tips-us-permanent-residents.html By Alena Shautsova, New York Immigration Lawyer As a lawful permanent resident of the United States, commonly referred to as a green card holder, it’s crucial to understand the rules and risks surrounding travel without your green card. Whether you're planning a weekend getaway within the U.S. or an international visit to see family, knowing what https://www.shautsova.com/law-publications/-how-renew-work-permit-united-states-guide.html https://www.shautsova.com/law-publications/-how-renew-work-permit-united-states-guide.html By Alena Shautsova, New York Immigration Lawyer If you are currently in the United States on a valid immigration status that authorizes you to work, it's essential to stay on top of your Employment Authorization Document (EAD) expiration date. Whether you're an asylum seeker, DACA recipient, pending adjustment of status applicant, or in another https://www.shautsova.com/law-publications/work-united-states-tourist-visa.html https://www.shautsova.com/law-publications/work-united-states-tourist-visa.html By Alena Shautsova, New York Immigration Lawyer Visiting the United States on a B-2 tourist visa is a great way to explore the country, reconnect with family, or even receive medical treatment. But one question often arises: Can I legally work while on a tourist visa? As a trusted USA Immigration lawyer, I want to provide clear guidance: No, https://www.shautsova.com/law-publications/can-you-stay-us-after-visa-expires.html https://www.shautsova.com/law-publications/can-you-stay-us-after-visa-expires.html By Alena Shautsova, New York Immigration Lawyer If you’re visiting the United States on a nonimmigrant visa, one of the most important details you need to track is your authorized period of stay. Many people mistakenly believe that they must leave the U.S. before the visa expiration date printed in their passport—but that’s not always the case. https://www.shautsova.com/law-publications/adjustment-status-explained-path-green-card.html https://www.shautsova.com/law-publications/adjustment-status-explained-path-green-card.html By Alena Shautsova, New York Immigration Lawyer Are you currently in the United States and wondering how you can obtain your green card without having to travel abroad? The process you may be looking for is called Adjustment of Status (AOS). As a USA Immigration lawyer, I work with clients every day who want to live permanently in the U.S., a https://www.shautsova.com/law-publications/essential-documents-strong-eb2-niw-petition-guide.html https://www.shautsova.com/law-publications/essential-documents-strong-eb2-niw-petition-guide.html By Alena Shautsova, New York Immigration Lawyer If you're a highly skilled professional, researcher, entrepreneur, or academic hoping to live and work permanently in the United States, the EB-2 National Interest Waiver (NIW) may be your ideal immigration path. As a USA Immigration lawyer, I’ve helped many clients successfully self-petition for g https://www.shautsova.com/law-publications/adjustment-of-status-asylees-path-asylum-green-card.html https://www.shautsova.com/law-publications/adjustment-of-status-asylees-path-asylum-green-card.html By Alena Shautsova, New York Immigration Lawyer As an asylee in the United States, you’ve already taken a brave step toward securing your safety and rebuilding your life. The next step in your immigration journey is one that offers long-term stability and greater rights: applying for a green card through Adjustment of Status (AOS). In this https://www.shautsova.com/law-publications/marriage-fraud-immigration-cost-dishonesty-us-immigration-applications.html https://www.shautsova.com/law-publications/marriage-fraud-immigration-cost-dishonesty-us-immigration-applications.html By Alena Shautsova, New York Immigration Lawyer Marriage is often a pathway to lawful permanent residency in the United States, but it must be based on a genuine and bona fide relationship. When marriage is used solely as a tool to obtain immigration benefits—without the intent to build a real life together—it is considered marriage fraud, a s https://www.shautsova.com/law-publications/new-uscis-policy-ntas-after-immigration-benefit-denials.html https://www.shautsova.com/law-publications/new-uscis-policy-ntas-after-immigration-benefit-denials.html By Alena Shautsova, New York Immigration Lawyer On February 28, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a revised policy expanding its authority to issue Notices to Appear (NTAs) following the denial of immigration benefit requests. An NTA is a document that initiates deportation proceedings before an immigration court. https://www.shautsova.com/law-publications/green-card-holders-reentering-us-rights-border.html https://www.shautsova.com/law-publications/green-card-holders-reentering-us-rights-border.html Many lawful permanent residents (green card holders) are surprised to learn that traveling outside of the United States can trigger significant legal scrutiny upon their return. Whether you’ve been gone for two weeks or six months, U.S. Customs and Border Protection (CBP) has the authority to question and even challenge your continued eligibility https://www.shautsova.com/law-publications/immigrants-may-lose-legal-status.html https://www.shautsova.com/law-publications/immigrants-may-lose-legal-status.html A recent announcement by the U.S. government signals that over 532,000 individuals currently residing in the United States under humanitarian parole from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) may lose their lawful status by April 24, 2025. This change comes as part of a policy rollback by the Trump administration, and it may result in expe https://www.shautsova.com/law-publications/b-1-visas-domestic-workers-personal-employees.html https://www.shautsova.com/law-publications/b-1-visas-domestic-workers-personal-employees.html Domestic workersincluding nannies, housekeepers, caregivers, drivers, and cookscan, under specific conditions, enter the United States on a B-1 visa. While the B-1 visa is usually associated with business visitors, U.S. immigration law allows certain domestic workers and personal employees to qualify for this nonimmigrant categoryif very particul https://www.shautsova.com/law-publications/global-entry-now-open-indian-citizens.html https://www.shautsova.com/law-publications/global-entry-now-open-indian-citizens.html International travelers know the pain of long immigration lines after a long flight. Thats why Global Entry, a U.S. Customs and Border Protection (CBP) program, is a game-changer. It allows pre-approved travelers to skip the traditional inspection line and use automated kiosks upon arrival in the United States. In a move thats been welcomed by t https://www.shautsova.com/law-publications/health-related-grounds-inadmissibility-us-immigration.html https://www.shautsova.com/law-publications/health-related-grounds-inadmissibility-us-immigration.html When applying for a U.S. visa or green card, most applicants are required to undergo a medical exam by a designated civil surgeon or panel physician. During this exam, certain health-related conditions may result in a finding of inadmissibility. While this can be alarming, there are legal options and waivers available that can help many applicant https://www.shautsova.com/law-publications/us-visa-revocation-why-they-happen-what-you-can-do.html https://www.shautsova.com/law-publications/us-visa-revocation-why-they-happen-what-you-can-do.html Receiving a U.S. visa is often the result of months—sometimes years—of planning, paperwork, and preparation. So it can come as a shock when that visa is revoked, sometimes without warning. Visa revocation doesn’t just disrupt travel—it can jeopardize your future immigration plans, your job, and even your lawful presence in the United States. As https://www.shautsova.com/law-publications/essential-steps-apply-us-citizenship.html https://www.shautsova.com/law-publications/essential-steps-apply-us-citizenship.html Becoming a U.S. citizen is a significant milestone for many immigrants. The naturalization process can seem daunting, but with the right guidance and preparation, it can be a smooth journey. In this article, I will walk you through the five essential steps to applying for U.S. citizenship and provide practical tips to help you succeed. In the I https://www.shautsova.com/law-publications/eb-2-niw-updates-changes-advice-how-to-secure-green-card.html https://www.shautsova.com/law-publications/eb-2-niw-updates-changes-advice-how-to-secure-green-card.html td,th {padding:5px;} td {text-align: left !important;} The Employment-Based Second Preference (EB-2) National Interest Waiver (NIW) remains one of the most effective pathways for highly skilled professionals, researchers, and entrepreneurs to obtain a U.S. green card without needing an employer sponsor. However, recent updates from U.S. Cit https://www.shautsova.com/law-publications/i751-denial-new-uscis-nta-policy.html https://www.shautsova.com/law-publications/i751-denial-new-uscis-nta-policy.html Navigating the complexities of U.S. immigration law is challenging, especially for conditional permanent residents seeking to remove conditions on their residency through Form I-751. A recent policy update by U.S. Citizenship and Immigration Services (USCIS) has heightened the stakes: denial of Form I-751 now leads to the issuance of a Notice to https://www.shautsova.com/law-publications/understanding-qualifications-cancellation-removal-and-vawa.html https://www.shautsova.com/law-publications/understanding-qualifications-cancellation-removal-and-vawa.html For many immigrants facing deportation, cancellation of removal offers a critical legal remedy that can prevent removal from the United States. This form of relief is available to both lawful permanent residents (LPRs) and certain non-permanent residents, provided they meet stringent qualifications. Additionally, individuals who have suffered a https://www.shautsova.com/law-publications/immigration-reform-democrats-reintroduce-dream-promise-act.html https://www.shautsova.com/law-publications/immigration-reform-democrats-reintroduce-dream-promise-act.html In 2025, Democrats in Congress reintroduced the Dream and Promise Act, a legislative effort aimed at providing a pathway to permanent residency and eventual citizenship for undocumented immigrants brought to the United States as children, commonly known as Dreamers, as well as individuals with Temporary Protected Status (TPS) and Deferred Enforce https://www.shautsova.com/law-publications/us-asylum-process-how-to-apply-what-to-expect.html https://www.shautsova.com/law-publications/us-asylum-process-how-to-apply-what-to-expect.html Introduction: What is Asylum & Why It Matters Asylum is a legal protection granted to individuals fleeing persecution in their home countries. The US offers asylum to individuals who can prove they face threats due to race, religion, nationality, political opinion, or membership in a particular social group. With thousands of asylum seekers appl https://www.shautsova.com/law-publications/mass-deportations-in-the-us-what-you-need-to-know.html https://www.shautsova.com/law-publications/mass-deportations-in-the-us-what-you-need-to-know.html Introduction The United States has ramped up mass deportations at an alarming rate, leaving thousands of immigrants in fear of losing their homes, families, and livelihoods. Under the new administration’s policies, Immigration and Customs Enforcement (ICE) has intensified deportation efforts, impacting undocumented individuals and those with pen https://www.shautsova.com/law-publications/latest-ice-immigration-news-need-top-deportation-lawyer-nyc.html https://www.shautsova.com/law-publications/latest-ice-immigration-news-need-top-deportation-lawyer-nyc.html In recent months, Immigration and Customs Enforcement (ICE) has intensified its enforcement actions, creating significant concerns for immigrants in New York City. With increased deportation efforts and new policies that expand ICE's authority, it is more critical than ever to have a knowledgeable and experienced deportation lawyer on your side https://www.shautsova.com/law-publications/common-challenges-adjustment-status-based-marriage-process.html https://www.shautsova.com/law-publications/common-challenges-adjustment-status-based-marriage-process.html By Alena Shautsova, New York Immigration Lawyer Adjustment of Status (AOS) based on marriage to a U.S. citizen or lawful permanent resident is one of the most common ways immigrants obtain a green card in the United States. While the process may seem straightforward, many applicants face unexpected challenges that can delay or jeopardize their https://www.shautsova.com/law-publications/ead-renewal-delays-what-to-expect.html https://www.shautsova.com/law-publications/ead-renewal-delays-what-to-expect.html If you applied for your Employment Authorization Document (EAD) renewal and are wondering why the processing times keep changing and whether you will receive your new card before your current one expires, you are not alone. Many applicants experience uncertainty when it comes to USCIS processing times. Here’s what you need to know. Certain cat https://www.shautsova.com/law-publications/immigrant-rights-connection-recent-ice-raids-what-need-know.html https://www.shautsova.com/law-publications/immigrant-rights-connection-recent-ice-raids-what-need-know.html The recent uptick in Immigration and Customs Enforcement (ICE) raids has left many immigrants feeling anxious and uncertain about their rights. As a New York deportation lawyer, my primary goal is to educate and empower immigrants to navigate these challenges confidently. Understanding your rights during an ICE encounter can mean the difference b https://www.shautsova.com/law-publications/new-era-expedited-removal-usa.html https://www.shautsova.com/law-publications/new-era-expedited-removal-usa.html Navigating the complexities of immigration laws can be overwhelming, especially when facing the harsh realities of expedited removal. For individuals in New York and beyond, understanding your rights and options is crucial to avoid sudden deportation. As a New York deportation lawyer, I’ve seen how policies like expedited removal can disrupt live https://www.shautsova.com/law-publications/the-laken-riley-act.html https://www.shautsova.com/law-publications/the-laken-riley-act.html The Laken Riley Act is a proposed U.S. law aimed at strengthening immigration enforcement by mandating the detention of undocumented individuals charged with theft-related offenses and granting states the authority to sue federal agencies for lapses in immigration enforcement. Named after Laken Riley, a 22-year-old nursing student from Georgia https://www.shautsova.com/law-publications/criminal-violation-immigration-law-what-you-need-know.html https://www.shautsova.com/law-publications/criminal-violation-immigration-law-what-you-need-know.html In the realm of U.S. immigration law, certain acts that might seem minor or procedural can escalate into criminal violations, creating serious consequences for noncitizens. While some offenses, like unauthorized entry or overstaying a visa, are civil violations, others—such as failure to depart or neglecting to update your address with immigratio https://www.shautsova.com/law-publications/green-card-options-researchers-medical-professionals.html https://www.shautsova.com/law-publications/green-card-options-researchers-medical-professionals.html Navigating the U.S. immigration system can be daunting, especially for researchers and medical professionals seeking permanent residency. Fortunately, the U.S. offers several pathways tailored to highly skilled professionals, including immigrant visas (green cards) that provide lawful permanent residence. This blog will explore the most viable https://www.shautsova.com/law-publications/country-conditions-macedonia-lgbt.html https://www.shautsova.com/law-publications/country-conditions-macedonia-lgbt.html North Macedonia, a small country in the Balkans, has made strides in legal and institutional reforms aimed at aligning with European Union standards. However, when it comes to the rights and protections for LGBT individuals, the country faces significant challenges. Discrimination, societal stigma, and lack of robust legal protections leave L https://www.shautsova.com/law-publications/j1-waiver-who-needs-how-obtain.html https://www.shautsova.com/law-publications/j1-waiver-who-needs-how-obtain.html The J-1 waiver foreign residence requirement (also known as the two-year home residency requirement) applies to certain J-1 exchange visitors under U.S. immigration law. If the requirement applies, J-1 holders must return to their home country for two years before they are eligible to apply for certain immigration benefits, such as an H-1B visa, https://www.shautsova.com/law-publications/immigration-fraud-when-waiver-can-help.html https://www.shautsova.com/law-publications/immigration-fraud-when-waiver-can-help.html Immigration waivers are amazing tools that help someone in a truly desperate situation. But you need to know when and how to use them, and when they can and cannot help in order to be successful. Here, we will examine the most recent Federal cases about Immigration waivers and why the applicants could not use them despite their best efforts. R https://www.shautsova.com/law-publications/navigating-i-601a-waiver-practical-tips-for-success.html https://www.shautsova.com/law-publications/navigating-i-601a-waiver-practical-tips-for-success.html Applying for the I-601A Provisional Unlawful Presence Waiver can be a crucial step for individuals seeking to adjust their status in the United States. This waiver is specifically designed for individuals who are inadmissible due to unlawful presence and wish to apply for a green card. Here, we will explore the key aspects of the I-601A waiv https://www.shautsova.com/law-publications/eb1a-qualifications-talented-entrepreneurs-permanent-residency.html https://www.shautsova.com/law-publications/eb1a-qualifications-talented-entrepreneurs-permanent-residency.html The EB1A visa offers a remarkable opportunity for talented entrepreneurs to achieve permanent residency in the United States. Known for its stringent requirements, the EB1A visa is tailored for individuals who demonstrate extraordinary ability in their field, making it an ideal choice for accomplished entrepreneurs with a track record of innovati https://www.shautsova.com/law-publications/administrative-stay-removal-vital-tool-deportation.html https://www.shautsova.com/law-publications/administrative-stay-removal-vital-tool-deportation.html Facing deportation can be one of the most stressful experiences for immigrants in the United States. However, for some, relief may come in the form of an administrative stay of removal. Understanding what it is, how it works, and how to apply can provide critical hope for those facing imminent removal from the country. This blog, prepared by a Ne https://www.shautsova.com/law-publications/final-rule-asylum-bars.html https://www.shautsova.com/law-publications/final-rule-asylum-bars.html On December 18, 2024, the Department of Homeland Security (DHS) published a final rule titled "Application of Certain Mandatory Bars in Fear Screenings," set to take effect on January 17, 2025. Summary of the Final Rule This rule authorizes asylum officers to assess the applicability of specific mandatory bars to asylum and statutory withhold https://www.shautsova.com/law-publications/country-conditions-gambia-fgm.html https://www.shautsova.com/law-publications/country-conditions-gambia-fgm.html Female Genital Mutilation (FGM) remains a significant issue in The Gambia, with deep-rooted cultural and religious practices influencing its prevalence. This blog provides an overview of the current situation, recent legislative developments, and ongoing efforts to combat FGM in the country. Prevalence of FGM in The Gambia FGM is widely prac https://www.shautsova.com/law-publications/daca-advance-parole.html https://www.shautsova.com/law-publications/daca-advance-parole.html Benefits of DACA Advance Parole: Exploring Opportunities Beyond Borders For individuals who are recipients of the Deferred Action for Childhood Arrivals (DACA) program, the ability to travel internationally can seem out of reach. However, through advance parole, DACA recipients can gain permission to travel outside the United States under specific https://www.shautsova.com/law-publications/vawa-how-handle-rfe-uscis-interview.html https://www.shautsova.com/law-publications/vawa-how-handle-rfe-uscis-interview.html Author: New York Immigration lawyer Alena Shautsova Recently USCIS announced that applicants for VAWA who also filed for adjustment of status (form I 485) will be called for a USCIS interview. While the practice of calling an applicant for a USCIS interview is nothing new, it has been used sparingly in VAWA cases. Now, it seems USCIS will exp https://www.shautsova.com/law-publications/how-prepare-immigration-interview-tips-tricks.html https://www.shautsova.com/law-publications/how-prepare-immigration-interview-tips-tricks.html Your immigration interview is one of the most crucial steps in the journey to achieving your immigration goals. Whether you're applying for a green card, visa, or other immigration benefits, being prepared can make all the difference. This guide provides unique insights, expert tips, and actionable advice to help you excel. 1. Know Wha https://www.shautsova.com/law-publications/2024-guide-asylum-applications-us-timelines-deadlines.html https://www.shautsova.com/law-publications/2024-guide-asylum-applications-us-timelines-deadlines.html Asylum seekers in the United States face a process that is both complex and time-sensitive. Staying informed about current deadlines and procedural changes is crucial to ensuring your application is filed accurately and on time. This guide provides an updated roadmap for 2024, including tips to navigate the asylum process successfully. 1. https://www.shautsova.com/law-publications/what-expect-administrative-processing-immigrant-visa.html https://www.shautsova.com/law-publications/what-expect-administrative-processing-immigrant-visa.html Administrative processing is one of the most anxiety-inducing stages of the immigrant visa application process. If you've been informed that your case requires further review, you're not alone. Many applicants experience delays due to this additional scrutiny. In this article, we’ll explain what administrative processing entails, why it happens https://www.shautsova.com/law-publications/unlocking-power-vawa-protection-relief-immigrant-survivors.html https://www.shautsova.com/law-publications/unlocking-power-vawa-protection-relief-immigrant-survivors.html The Violence Against Women Act (VAWA) is a critical piece of legislation that provides hope and protection for immigrant survivors of abuse. Enacted to combat domestic violence, VAWA allows certain non-citizens to apply for immigration relief without relying on their abusive spouse, parent, or child who is a U.S. citizen or lawful permanent re https://www.shautsova.com/law-publications/how-to-file-immigration-fraud-waiver.html https://www.shautsova.com/law-publications/how-to-file-immigration-fraud-waiver.html Author: Immigration Waiver Attorney Alena Shautsova One may need a waiver if they are planning on receiving a US visa or a green card, or they were accused of fraud and now are looking to fix their Immigration status. Navigating the complexities of U.S. immigration law can be particularly challenging when issues of fraud or willful misrepresenta https://www.shautsova.com/law-publications/getting-i130-approval-after-unsuccessful-marriage-green-card-application.html https://www.shautsova.com/law-publications/getting-i130-approval-after-unsuccessful-marriage-green-card-application.html Author: New York Immigration Lawyer Alena Shautsova You filed a marriage based green card some time ago… but it was never approved. The relationship fell apart prior to approval. Maybe you guys even appeared for the first interview, and then were called for the second interview and you never showed up. Maybe, your ex partner withdrew the I 13 https://www.shautsova.com/law-publications/denaturalization-who-may-lose-citizenship.html https://www.shautsova.com/law-publications/denaturalization-who-may-lose-citizenship.html Becoming a U.S. citizen is often seen as the ultimate goal for immigrants. It is a moment of pride, accomplishment, and security. However, citizenship is not always permanent. While it is rare, the U.S. government can revoke citizenship through a process known as denaturalization. As a New York immigration lawyer with years of experience handli https://www.shautsova.com/law-publications/navigating-complexities-immigration-appeals-comprehensive-guide.html https://www.shautsova.com/law-publications/navigating-complexities-immigration-appeals-comprehensive-guide.html The immigration process can be overwhelming, and a denial can feel like the end of the road. However, in many cases, an appeal can offer another opportunity to seek approval. Navigating the immigration appeals process requires knowledge, strategy, and often, the support of an experienced immigration attorney. This guide breaks down the process https://www.shautsova.com/law-publications/who-can-be-targeted-mass-deportations-under-trump.html https://www.shautsova.com/law-publications/who-can-be-targeted-mass-deportations-under-trump.html Who Can Be Targeted for Mass Deportations Under Trump? Mass deportations have become a central topic of concern under policies initiated during the Trump administration and their lingering effects. For immigrants in the United States, this phrase evokes fear and uncertainty. It’s critical to understand who might be targeted for removal and https://www.shautsova.com/law-publications/how-get-green-card-while-f-1-student-status-usa.html https://www.shautsova.com/law-publications/how-get-green-card-while-f-1-student-status-usa.html Navigating the transition from F-1 student status to a green card can be a challenging process, but with the right strategy and legal guidance, it is achievable. Whether you're considering employment-based visas, family sponsorship, asylum, investment, or other pathways, this guide will provide you with a comprehensive overview, practical tips, https://www.shautsova.com/law-publications/hire-country-conditions-expert-asylum-case-immigration-court.html https://www.shautsova.com/law-publications/hire-country-conditions-expert-asylum-case-immigration-court.html As an immigration lawyer, I often emphasize the importance of hiring a country conditions expert for asylum cases. When you're fighting for your right to stay in the United States due to fear of persecution in your home country, it's crucial to have compelling evidence to support your claim. Unfortunately, immigration judges may not always find https://www.shautsova.com/law-publications/appeals-administrative-appeals-office-aao.html https://www.shautsova.com/law-publications/appeals-administrative-appeals-office-aao.html Nobody wants to receive a mail from USCIS stating their application or petition was denied. In the complex landscape of U.S. immigration law, the road to obtaining legal status can sometimes be bumpy. For many, facing a denial from the United States Citizenship and Immigration Services (USCIS) may feel like a dead end. However, applicants who h https://www.shautsova.com/law-publications/asylum-usa-based-fear-future-persecution.html https://www.shautsova.com/law-publications/asylum-usa-based-fear-future-persecution.html Asylum is a protection granted to foreign nationals in the United States who are fleeing persecution in their home countries. Many immigrants seek asylum based on a well-founded fear of future persecution. This fear, along with eligibility criteria and specific grounds for asylum, form the foundation of a strong case. Here, we will explore thes https://www.shautsova.com/law-publications/eb-2-status-qualifying-business-related-ideas.html https://www.shautsova.com/law-publications/eb-2-status-qualifying-business-related-ideas.html The EB-2 visa is an ideal pathway for skilled professionals and individuals with exceptional abilities to secure lawful permanent residency in the United States. With the option to apply for an EB-2 National Interest Waiver (NIW), applicants in certain fields—including business—can self-petition if they can demonstrate that their contributions https://www.shautsova.com/law-publications/achieving-eb-1a-visa-despite-unlawful-presence.html https://www.shautsova.com/law-publications/achieving-eb-1a-visa-despite-unlawful-presence.html Introduction The EB-1A visa is one of the most sought-after visas for foreign nationals with extraordinary abilities in fields such as science, arts, education, business, or athletics. Known for its strict qualifications, the EB-1A allows individuals who can demonstrate a high level of achievement in their field to bypass traditional employm https://www.shautsova.com/law-publications/how-become-us-citizen-guide-new-york-citizenship-lawyer.html https://www.shautsova.com/law-publications/how-become-us-citizen-guide-new-york-citizenship-lawyer.html Author: New York Citizenship Lawyer Alena Shautsova The journey to becoming a U.S. citizen can feel overwhelming, but with the right guidance and preparation, it becomes a more manageable process. As a New York-based citizenship lawyer, my goal is to clarify the naturalization process and provide actionable tips to help you navigate it smoothly. W https://www.shautsova.com/law-publications/obtaining-marriage-based-green-card-comprehensive-guide.html https://www.shautsova.com/law-publications/obtaining-marriage-based-green-card-comprehensive-guide.html Author: US green card lawyer Alena Shautsova Millions of I -130 marriage based applications are being submitted with USCIS each year. I-130 form is the first step towards marriage based green card for a non-citizen who married a US citizen or a green card holder. As a seasoned immigration lawyer based in New York, I have assisted many clients https://www.shautsova.com/law-publications/asylum-usa-building-successful-case-religious-lgbt-political-claims.html https://www.shautsova.com/law-publications/asylum-usa-building-successful-case-religious-lgbt-political-claims.html Author: New York Asylum lawyer Alena Shautsova Seeking asylum in the United States is a complex process requiring a comprehensive understanding of legal standards and credible evidence to support your claim. As an asylum lawyer based in New York, I have guided countless asylum seekers through this process. Whether you're seeking protection due t https://www.shautsova.com/law-publications/employment-based-immigration-high-skilled-russian-visas.html https://www.shautsova.com/law-publications/employment-based-immigration-high-skilled-russian-visas.html Author: Employment Immigration lawyer in the USA Alena Shautsova For high-skilled immigrant visas, U.S. immigration provides pathways like the EB2 NIW, EB1, and O1 visas. These categories cater to professionals whose skills and achievements can enrich the U.S. workforce, especially individuals with advanced degrees, exceptional abilities, or ext https://www.shautsova.com/law-publications/understanding-asylum-process-russian-nationals-seeking-refuge-usa.html https://www.shautsova.com/law-publications/understanding-asylum-process-russian-nationals-seeking-refuge-usa.html Author: USA Asylum Lawyer Alena Shautsova For many Russian nationals seeking refuge from persecution, the United States offers a lifeline through asylum. This guide, provided by an experienced asylum lawyer USA, will walk through the Russian asylum process, the requirements for applying for asylum, and tips for preparing a powerful asylum declar https://www.shautsova.com/law-publications/step-by-step-guide-preparing-master-hearing-immigration-court.html https://www.shautsova.com/law-publications/step-by-step-guide-preparing-master-hearing-immigration-court.html Author: New York Immigration Attorney Alena Shautsova The Master Calendar Hearing (MCH) is the first formal hearing that an immigrant has in the United States immigration court. It is crucial to be well-prepared, as this initial step sets the tone for the entire immigration process. During this hearing, you will provide information about your ca https://www.shautsova.com/law-publications/step-by-step-guide-eb2-national-interest-waiver-niw.html https://www.shautsova.com/law-publications/step-by-step-guide-eb2-national-interest-waiver-niw.html Author: US Eb2 National Interest Waiver Attorney Alena Shautsova The EB2 National Interest Waiver (NIW) visa offers an attractive pathway for highly skilled professionals who wish to live and work in the United States. Unlike traditional employment-based visas, the NIW allows you to bypass the cumbersome labor certification process. This article https://www.shautsova.com/law-publications/unlocking-successful-immigration-process.html https://www.shautsova.com/law-publications/unlocking-successful-immigration-process.html Author: Greg Abrams The U.S. immigration system is a complex and evolving network of laws, regulations, and processes that affect millions of individuals every year. From family reunification and employment-based visas to asylum seekers fleeing persecution, understanding immigration law is crucial for navigating the process successfully. This ar https://www.shautsova.com/law-publications/why-hire-lawyer-your-immigration-case.html https://www.shautsova.com/law-publications/why-hire-lawyer-your-immigration-case.html Author: Greg Abrams In a city as diverse and bustling as New York, immigration plays a critical role in shaping the cultural and economic fabric. Every year, thousands of individuals come to New York seeking better opportunities, family reunification, or refuge from persecution. However, the U.S. immigration system is notoriously complex, and na https://www.shautsova.com/law-publications/biden-pip-executive-action-immigration-relief.html https://www.shautsova.com/law-publications/biden-pip-executive-action-immigration-relief.html Author: Greg Abrams The Parole in Place (PIP) program has long been recognized as a critical immigration relief tool for undocumented family members of U.S. military personnel. However, recent actions under the Biden administration have broadened the scope of this essential program, no longer restricting it solely to military families. The Keepi https://www.shautsova.com/law-publications/what-to-do-your-green-card-expiring-applying-citizenship.html https://www.shautsova.com/law-publications/what-to-do-your-green-card-expiring-applying-citizenship.html Author: USA Immigration Lawyer As an immigration lawyer, one of the most frequent concerns I hear from clients is about their green card expiring while they’re in the process of applying for U.S. citizenship. If your Permanent Resident Card (Green Card) is nearing its expiration date, and you’re planning or have already started your citizenship https://www.shautsova.com/law-publications/from-daca-to-green-card.html https://www.shautsova.com/law-publications/from-daca-to-green-card.html Author: Alena Shautsova Pathways for DACA Recipients to Obtain a Green Card in the United States For DACA (Deferred Action for Childhood Arrivals) recipients, obtaining a green card can be a complex but achievable process. As immigration lawyers, we understand that many Dreamers desire permanent residency, which provides more stability and securi https://www.shautsova.com/law-publications/theft-conviction-adjustment-status.html https://www.shautsova.com/law-publications/theft-conviction-adjustment-status.html Author: Criminal Immigration Attorney Alena Shautsova In a recent decision by the Board of Immigration Appeals (BIA), the court held that convictions for retail theft under Pennsylvania law are not categorically considered crimes involving moral turpitude (CIMTs). This decision is crucial for immigrants facing removal proceedings based on prior co https://www.shautsova.com/law-publications/understanding-asylum-qualifications-membership-social-group-psg.html https://www.shautsova.com/law-publications/understanding-asylum-qualifications-membership-social-group-psg.html Author: New York Asylum Lawyer The concept of a "particular social group" (PSG) is one of the most nuanced and critical aspects of asylum law. Individuals who seek asylum based on their membership in a PSG must establish that they face persecution due to this specific affiliation. This is often a challenging task, requiring detailed legal analysi https://www.shautsova.com/law-publications/travel-tps-document-have-order-removal.html https://www.shautsova.com/law-publications/travel-tps-document-have-order-removal.html Author: New York Immigration Lawyer Beneficiaries of Temporary Protected Status (TPS) who have a final order of removal often wonder whether they can travel abroad and return to the U.S. on advance parole. Previously, many TPS holders were able to do so, and upon their return, they could adjust their status. However, recent USCIS policy changes cl https://www.shautsova.com/law-publications/asylum-2024-process-changes.html https://www.shautsova.com/law-publications/asylum-2024-process-changes.html Author: Asylum Lawyer USA In 2024, the asylum process in the U.S. underwent significant updates that impact the rights and obligations of asylum seekers. These changes, shaped by evolving government policies and recent decisions by the Board of Immigration Appeals (BIA), impose stricter standards on those seeking protection. Key Changes in Asylum https://www.shautsova.com/law-publications/n-366-process-how-appeal-denied-n-400-naturalization-application.html https://www.shautsova.com/law-publications/n-366-process-how-appeal-denied-n-400-naturalization-application.html Author: New York Citizenship Lawyer When your naturalization application (Form N-400) is denied, it can be disheartening. However, the U.S. Citizenship and Immigration Services (USCIS) offers a recourse through the Form N-366, “Request for a Hearing on a Decision in Naturalization Proceedings.” This blog will guide you through the step-by-step pro https://www.shautsova.com/law-publications/what-happened-parole-place-stay-extended.html https://www.shautsova.com/law-publications/what-happened-parole-place-stay-extended.html Author: Alena Shautsova On September 4th 2024 a federal judge ordered another stay of parole in place relief for families of the US citizens. According to this new order the stay will be in place until September 23rd 2024. Because of this stay new applications that are filed with USCIS cannot be granted. However US CIS can still accept new applic https://www.shautsova.com/law-publications/parole-in-place-new-executive-order.html https://www.shautsova.com/law-publications/parole-in-place-new-executive-order.html Author: Alena Shautsova On June 18th, 2024 President Biden announced a new executive order allowing certain noncitizens who previously entered the United States without inspection or parole to be paroled in place. After an individual receives parole in place they can satisfy the requirement of “paroled” for adjustment of status purposes. This in https://www.shautsova.com/law-publications/h1b-extension-beyond-six-year-limit-possible.html https://www.shautsova.com/law-publications/h1b-extension-beyond-six-year-limit-possible.html Author: US Immigration Lawyer Alena Shautsova H1B is an excellent opportunity for a worker to come to the USA and engage in legal employment. But it comes with its limitations. It is not possible to hold it for more than 6 years! In addition, if you hold an L visa, the time spent in L visa, also counts towards the 6-year limit. Time spent in an https://www.shautsova.com/law-publications/bipartisan-immigration-bill-what-does-it-say.html https://www.shautsova.com/law-publications/bipartisan-immigration-bill-what-does-it-say.html Author: Alena Shautsova The bipartisan border bill may come our new Immigration reality any minute. If it does, it will alter the Immigration landscape. The $118 billion deal, which was reached after months of negotiations, would send billions of dollars to Taiwan, Israel, Ukraine, and the southern border in addition to tightening the requireme https://www.shautsova.com/law-publications/what-will-happen-immigration-trump-wins-2024-elections.html https://www.shautsova.com/law-publications/what-will-happen-immigration-trump-wins-2024-elections.html Author: New York Immigration Lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova shares thoughts on the future of the Immigration state in the USA in connection with the 2024 Presidential elections. Now, that 2024 has finally arrived, a new presidential election is about to take place. To select the country's next president, vote https://www.shautsova.com/law-publications/h1b-rules-change.html https://www.shautsova.com/law-publications/h1b-rules-change.html Author: Work Visa Lawyer Alena Shautsova The US Department of Homeland Security (DHS) has proposed a new plan to modernize the H-1B worker program. The goal is to make the program more efficient and flexible for both companies and workers. The proposed changes would also lower the eligibility standards and increase integrity safeguards. This arti https://www.shautsova.com/law-publications/texas-immigration-laws-what-next.html https://www.shautsova.com/law-publications/texas-immigration-laws-what-next.html USA Deportation lawyer Alena Shautsova New Immigration Policy in Texas Faces Local and Federal Backlash The Sate of Texas passed its own Immigration law! Immigrant activists are speaking out against a new amendment that makes crossing Texas unlawfully a state crime. They say it will unsettle families with dual-status. Some mention that it will c https://www.shautsova.com/law-publications/will-biden-make-immigration-sacrifice.html https://www.shautsova.com/law-publications/will-biden-make-immigration-sacrifice.html Author: New York Immigration Lawer Alena Shautsova Joe Biden’s administration and a deeply divided Congress are trying to reach a consensus on the southern border and Ukrainian aid. Senators from both sides of the aisle are looking to create a framework for a deal that would appeal to both sides. The major topic of discussion is creating strong bo https://www.shautsova.com/law-publications/tn-visa-work-visa-professionals-mexican-canadian-citizenship.html https://www.shautsova.com/law-publications/tn-visa-work-visa-professionals-mexican-canadian-citizenship.html Author: USA Immigration Lawyer Alena Shautsova Many non-citizens would like to come to the United States to work legally. The problem is that the United States immigration laws provide for limited number of opportunities for those who would like to work in the United States legally H1B, H2B, J1 and L1 are the most common work visas that one would https://www.shautsova.com/law-publications/what-to-expect-placed-removal-proceedings-deportation.html https://www.shautsova.com/law-publications/what-to-expect-placed-removal-proceedings-deportation.html Author: Alena Shautsova If you are not a U.S. citizen in the United States, you may find yourself in removal or deportation proceedings. It may happen if you are a green card holder, it may happen if you had a conditional green card, or perhaps you've never had a status, or your status was overstayed in the United States. For a variety of reason https://www.shautsova.com/law-publications/i-601-waiver-for-tps-applicants.html https://www.shautsova.com/law-publications/i-601-waiver-for-tps-applicants.html Author: New York Immigration Lawyer Alena Shautsova The list of countries designated and redesignated for TPS is growing, so is the pool of applicants for this status. With the recent news regarding resumption of removals to Venezuela, it is important that each qualified for TPS undocumented resident of the US files for it ASAP. TPS provides pro https://www.shautsova.com/law-publications/eb2-niw-the-best-way-receive-green-card-us.html https://www.shautsova.com/law-publications/eb2-niw-the-best-way-receive-green-card-us.html Author: EB2 NIW Attorney Alena Shautsova If you were searching for solutions as to how to receive a green card in the United States without the help of an employer or a family member or very pricing investments most likely you saw articles about EB2 national interest waiver. This is a special program developed by the United States immigration la https://www.shautsova.com/law-publications/tps-ukrainians-why-you-should-file-for-it.html https://www.shautsova.com/law-publications/tps-ukrainians-why-you-should-file-for-it.html Author: New York Immigration Attorney Alena Shautsova TPS stands for temporary protected status. It was created by the in the Immigration Act of 1990. It is provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a https://www.shautsova.com/law-publications/t-visa-overlooked-remedy-many-wrongs.html https://www.shautsova.com/law-publications/t-visa-overlooked-remedy-many-wrongs.html Author: New York Immigration Attorney Alena Shautsova The United Nations defines human trafficking in the UN Trafficking in Person Protocol, which supplements the United Nations Convention against Transnational Organized Crime as “the recruitment, transport, transfer, harboring or receipt of a person by such means as threat or use of force or othe https://www.shautsova.com/law-publications/anti-immigrant-florida-bill-sb-1718.html https://www.shautsova.com/law-publications/anti-immigrant-florida-bill-sb-1718.html Author: New York Immigration lawyer Alena Shautsova The US has not seen a comprehensive Immigration reform for decades. The most significant changes to the rigid immigration law last time happened during the President Obama when he implemented DACA and I 601A waiver process. But since that time, or 2012 to be precise, no new avenues for immigra https://www.shautsova.com/law-publications/supreme-court-upholds-biden-administration-deportation-prioritization-policy.html https://www.shautsova.com/law-publications/supreme-court-upholds-biden-administration-deportation-prioritization-policy.html The Supreme Court has once again weighed in on the seemingly never-ending immigration policy saga. Two days ago, the Supreme Court of the United States turned down a challenge led by the Republican opposition. The motion was a challenge against an immigration policy from President Biden and his administration. About the Policy in Question Th https://www.shautsova.com/law-publications/comprehensive-proposal-for-immigration-reform.html https://www.shautsova.com/law-publications/comprehensive-proposal-for-immigration-reform.html Author: New York Immigration Lawyer The history of immigration laws in the United States is a long, winding road that seems never-ending. Most of the disagreements and various attempts at reform have stalled at the highest levels of government. Some might feel that a universal solution to immigration issues may never occur, but this article will https://www.shautsova.com/law-publications/asylum-why-case-can-be-denied.html https://www.shautsova.com/law-publications/asylum-why-case-can-be-denied.html Author: USA Asylum Lawyer Alena Shautsova If you are reading this article, we are sharing a common interest: to learn why some asylum cases are approved, and some (that look just like the ones that were approved are denied). To an unprepared eye it may truly look like a mystery that someone from a country with a terrible armed conflict, politica https://www.shautsova.com/law-publications/future-daca-decided-judge-ruled-against-before.html https://www.shautsova.com/law-publications/future-daca-decided-judge-ruled-against-before.html Author: New York Immigration Lawyer Alena Shautsova Immigration remains one of the hottest topics in the debate among members of the state and federal governments. The latest episode of this ongoing saga involves the Obama-era Deferred Action for Childhood Arrivals program. This article will delve into the details of the hearing. It will also ex https://www.shautsova.com/law-publications/applicant-evidence-asylum-case.html https://www.shautsova.com/law-publications/applicant-evidence-asylum-case.html Author: New York Asylum Lawyer Alena Shautsova Asylum is one of the most common reliefs from removal a person in Immigration court proceedings will be filing for. Hundreds of thousands of persons who are willing to or are forced to come to the US used the Biden’s administration’s innovative CBPOne App for border crossing since its launching in https://www.shautsova.com/law-publications/eb2-national-interest-waiver-technicalities-determine-case.html https://www.shautsova.com/law-publications/eb2-national-interest-waiver-technicalities-determine-case.html Author: NYC Immigration lawyer Alena Shautsova EB2 NIW or employment self-petition based on a national interest waiver is a way for a non-citizen to obtain permanent residency in the United States without the need of an employer petitioning for them and without the need to comply with labor certification. It can be a great option for those wit https://www.shautsova.com/law-publications/replacing-title-42-border-new-restrictions-procedures.html https://www.shautsova.com/law-publications/replacing-title-42-border-new-restrictions-procedures.html Author: New York Immigration Lawyer Alena Shautsova Title 42 restrictions on entering the US due to pandemic are coming to end on May 11, 2023. With that, US Immigration authorities are preparing to introduce new restrictive procedures at the border to discourage migration and stop migrants from entering the United States as much as possible. https://www.shautsova.com/law-publications/benefits-central-american-minors-cam-program-uscis-dos.html https://www.shautsova.com/law-publications/benefits-central-american-minors-cam-program-uscis-dos.html Author: New York Immigration Lawyer Alena Shautsova Imagine, in 2017, Martha had to flee El Salvador with her older son when gangs decided to recruit him, and when he refused, threatened to kill the entire family. Martha took her 13 years old son, and together they reached the US. But Martha could not take her young children for fears of not being https://www.shautsova.com/law-publications/t-and-u-visa-are-on-the-rise.html https://www.shautsova.com/law-publications/t-and-u-visa-are-on-the-rise.html Author: Immigration Attorney ALENA SHAUTSOVA The political divide in the United States’ government remains as wide as ever, as most bills are passed or rejected along party lines. However, the issue of human trafficking gained attention from lawmakers on both sides of the aisle, with a number of bills aimed at combating trafficking introduced https://www.shautsova.com/law-publications/florida-state-government-controversial-immigration-law.html https://www.shautsova.com/law-publications/florida-state-government-controversial-immigration-law.html Florida Governor Ron DeSantis is trying to get support for a hard-line new immigration law in his state. The governor held a press conference in February where he touted the bill as a response to President Biden’s “woke” agenda. The new bill, which is being promoted as one of the toughest in the country, aims to crack down on illegal immigration. https://www.shautsova.com/law-publications/deportation-russia-asylum-quietly.html https://www.shautsova.com/law-publications/deportation-russia-asylum-quietly.html Author: US Asylum Lawyer Alena Shautsova It has been over a year since the war between Russia and Ukraine began. With thousands of casualties reported on both sides, one is left to wonder when the war will cease and peace be restored. As the world hopes for a lasting truce to be reached between both countries, nations are doing their best to help https://www.shautsova.com/law-publications/asylum-travel-ban-2023.html https://www.shautsova.com/law-publications/asylum-travel-ban-2023.html Author: US Asylum Lawyer Alena Shautsova Recently, the Joe Biden administration released a new proposed law that will almost eliminate the seeking of asylum in the United States. According to observers and concerned individuals, this proposed rule referred to as the "Circumvention of Lawful Pathways," seeks to expel the chances of refugees see https://www.shautsova.com/law-publications/dream-act-2023.html https://www.shautsova.com/law-publications/dream-act-2023.html Author: New York Immigration Lawyer Alena Shautsova While the American political divide is as wide as ever, some sparks of unity still shine through. Earlier this month, two senators from either side of the party aisle demonstrated rare bipartisan consensus. It is important to understand exactly what the Dream Act is and why it is so deeply tied t https://www.shautsova.com/law-publications/welcome-corps-new-way-refugees-come-the-us.html https://www.shautsova.com/law-publications/welcome-corps-new-way-refugees-come-the-us.html Author: US Asylum Lawyer Alena Shautsova The United States of America has always been a helper to other countries, especially in times of need. One avenue of assistance is the acceptance of and aid provided to refugees. Just last week, the Welcome Corps, which is a private refugee sponsorship program, was officially unveiled by State Secretary A https://www.shautsova.com/law-publications/biden-new-immigration-policy-come-legally-day-in-court.html https://www.shautsova.com/law-publications/biden-new-immigration-policy-come-legally-day-in-court.html Author: New York Immigration Lawyer Alena Shautsova Just recently, the topic of immigration was at the forefront of discussions during the North American Leaders' Summit, where President Biden, Prime Minister Justin Trudeau of Canada, and President Andrés Manuel López Obrador of Mexico met to address pressing issues. President Biden defended his https://www.shautsova.com/law-publications/eb-2-national-interest-waivers.html https://www.shautsova.com/law-publications/eb-2-national-interest-waivers.html What to do if you would like to obtain a green card or permanent residency in the United States but you do not have anyone to petition for you, such as an employer. In certain cases, a person may self-petition for permanent residency in the Untied States, if they possess high qualifications. Congress established a green card pathway for those w https://www.shautsova.com/law-publications/hope-for-immigration-reform.html https://www.shautsova.com/law-publications/hope-for-immigration-reform.html With the constant wave of tension surrounding immigration issues in the country, any slight positivity on the matter is likely a spark of hope for interested parties. One major problem that has plagued immigration, is the disagreement among political parties over the Immigration reform. With such a problem, no favorable and agreeable deal can be https://www.shautsova.com/law-publications/angola-country-conditions-women-rights.html https://www.shautsova.com/law-publications/angola-country-conditions-women-rights.html In the past, there was little to be said about women in Angola except for the general assumption of the role women played across Africa. Traditionally, they were involved mostly in food production and family duties. However, their role in these two domains proved to be of immense economic benefit when compared to their male counterparts. Over th https://www.shautsova.com/law-publications/lost-immigration-court-case-what-to-do.html https://www.shautsova.com/law-publications/lost-immigration-court-case-what-to-do.html Author: New York Immigration Lawyer Alena Shautsova One always hopes that their case will be approved. But what if the case got denied? maybe you failed to present a compelling case due to the time restraints, life events, or poor work of your advisor; maybe you feel that you had a particular tough judge? Well, generally speaking, you will fa https://www.shautsova.com/law-publications/attorney-general-decision-encouraging-termination-removal-proceedings.html https://www.shautsova.com/law-publications/attorney-general-decision-encouraging-termination-removal-proceedings.html Author: Deportation Defense Attorney Alena Shautsova Recently Attorney General has issued a decision in the Matter of CORONADO ACEVEDO, 28 I&N Dec. 648 (A.G. 2022) stating that pending the outcome of the rule-making process, immigration judges and the Board of Immigration Appeals may consider and where appropriate grant termination of dismissa https://www.shautsova.com/law-publications/fraud-waiver-harder-get-after-bia-decision.html https://www.shautsova.com/law-publications/fraud-waiver-harder-get-after-bia-decision.html Some people believe that the easiest way to get a green card in the United States is through marriage to a US citizen. In reality, this is not the case. Why? It is so because if one does not have enough evidence, or made some mistakes during the process, if the marriage falls apart in the process, a person may be accused of marriage fraud with v https://www.shautsova.com/law-publications/us-government-should-not-waste-opportunity-codify-daca.html https://www.shautsova.com/law-publications/us-government-should-not-waste-opportunity-codify-daca.html Ever since President Obama created the DACA in the 4th year of his presidency, opposition had tried to take it down at every step. Now over 10 years old, the opinion-splitting policy is once again in the spotlight. After a federal judge in the state of Texas ruled that the program was unconstitutional, a court of appeals upheld the decision. Ar https://www.shautsova.com/law-publications/cases-thrown-out-immigration-court-this-year.html https://www.shautsova.com/law-publications/cases-thrown-out-immigration-court-this-year.html What happened? Why did Immigration courts dismissed more than 60000 immigration cases this year? When a person is placed in removal proceedings, a notice to appear is issued. Many receive such notices when they ask for asylum at the border of the United States for example, or after an asylum interview if they are referred to immigration court. https://www.shautsova.com/law-publications/new-immigration-policy-leaves-traveling-venezuelans-stranded-uncertain.html https://www.shautsova.com/law-publications/new-immigration-policy-leaves-traveling-venezuelans-stranded-uncertain.html   Since the start of the Venezuelan crisis, the United States accepted hundred of thousands of Venezuelan refugees. In fact, according the most recent USCIS Asylum filing and processing data, Venezuelans are leading the numbers of the most recently filed asylum cases with about 25% of all cases filed. Most newly arrived Venezuelans would come th https://www.shautsova.com/law-publications/granting-refugee-status-asylum-refusing-join-armed-conflict.html https://www.shautsova.com/law-publications/granting-refugee-status-asylum-refusing-join-armed-conflict.html New developments from the Kremlin concerning the ongoing conflict between Russia and Ukraine have once again raised concerns about international refugee status for Russian conscripts in the ongoing conflict. On September 21, President Putin enacted an order on mobilization that paved the way for an additional 300,000 conscripts to be added to t https://www.shautsova.com/law-publications/terrorism-related-inadmissibility-grounds-added-exemptions-assist-allies-afghanistan.html https://www.shautsova.com/law-publications/terrorism-related-inadmissibility-grounds-added-exemptions-assist-allies-afghanistan.html Terrorism in Afghanistan is almost no longer news, especially with the Taliban having laid siege to the entire country. The fear of the worst has caused a lot of Afghans it to flee the country and seek refuge in other places. Many of them understandably fleeing to the United States. With this rapid development in fleeing migrants, it is expect https://www.shautsova.com/law-publications/immigration-reform-farmers-need-workers-papers.html https://www.shautsova.com/law-publications/immigration-reform-farmers-need-workers-papers.html $nbsp; Since the advent of the pandemic, the level of labor shortage has shot up to an uncomfortable rate and is still rising. What used to be normal has changed completely as people now search for better alternatives such as remote work and are looking less for hands-on jobs. This situation has also affected farm labor greatly. Hence, farmers a https://www.shautsova.com/law-publications/asylum-what-is-enough-win-your-case.html https://www.shautsova.com/law-publications/asylum-what-is-enough-win-your-case.html Author: US Asylum lawyer Alena Shautsova The number of asylum applications filed in the United States is consistently growing by hundreds of thousands. Asylum benefits include US protection: regardless of the manner of entry, a person would not be deported from the United States; asylum benefits include a pathway to US citizenship; an ability to https://www.shautsova.com/law-publications/truth-seeking-asylum-united-states.html https://www.shautsova.com/law-publications/truth-seeking-asylum-united-states.html Author: US Asylum lawyer Alena Shautsova Immigration into the United States of America is no doubt putting a lot of strain on the government, people, and organizations involved in handling immigration issues. In like manner, the immigrants are not finding it easy. The nation they thought was supposed to hold the fulfillment of their great dreams n https://www.shautsova.com/law-publications/processes-ascertaining-asylum-credible-fear-interim-final-rule.html https://www.shautsova.com/law-publications/processes-ascertaining-asylum-credible-fear-interim-final-rule.html Undeniably, one issue that still plagues the American society and government is the issue of immigration. Having nearly if not completely torn the country into factions, rules and policies are continuously developed to curb or fix the issue. One such rule is the Interim Final Rule dedicated to the changing of the system of how may participate i https://www.shautsova.com/law-publications/texas-governor-orders-migrants-arrested.html https://www.shautsova.com/law-publications/texas-governor-orders-migrants-arrested.html Immigration issues are yet to see a definitive height as Greg Abbott, the Governor of Texas, makes a drastic move that seems to escalate the matter. The latest salvo in Texas Republican Governor Greg Abbott's dispute with the Biden administration over immigration policy came on Thursday when he gave state officials and National Guardsmen permissio https://www.shautsova.com/law-publications/tillis-refutes-any-claim-bipartisan-immigration-deal.html https://www.shautsova.com/law-publications/tillis-refutes-any-claim-bipartisan-immigration-deal.html It is no longer news that the U.S. is currently rocked by increasing border issues. Especially with the rising cases of illegal immigrants spread throughout the country, and the increasing number at the border wanting to penetrate the country. While the Biden administration alongside members of the Democratic Party has tried to pull down barrier https://www.shautsova.com/law-publications/why-hard-win-asylum-united-states.html https://www.shautsova.com/law-publications/why-hard-win-asylum-united-states.html Author: New York Asylum Lawyer Alena Shautsova With so many talks about immigration and a rising number of asylum seekers and refugees, it is almost not a strange thing to talk about yet another asylum seeker. Why is his case special? Why was he denied asylum? What led to the threats on his life? These are some questions this article seeks to https://www.shautsova.com/law-publications/regional-migration-plan-president-joe-biden.html https://www.shautsova.com/law-publications/regional-migration-plan-president-joe-biden.html Currently, one of the major bones of contention in American society is the issue of immigration. It has been the cause of so many uproars, debates, and disagreements amongst Congress members and lay partisans alike. For years, ruling administrations have done their best to manage the situation, eradicate it, or make favorable laws that would help https://www.shautsova.com/law-publications/legal-immigration-reform-better-option-than-title-42.html https://www.shautsova.com/law-publications/legal-immigration-reform-better-option-than-title-42.html   In recent times, immigration and border-related matters have been one of the most disputed and controversial issues in American society, especially in Congress. With no common ground between Republicans and Democrats, the ever bothering issue of immigration seems far from being resolved. More recently, the Biden-Harris administration made moves https://www.shautsova.com/law-publications/patel-v-garland-and-its-meaning-for-every-immigrant-in-the-us.html https://www.shautsova.com/law-publications/patel-v-garland-and-its-meaning-for-every-immigrant-in-the-us.html Author: Alena Shautsova On May 16, 2022 the Supreme Court of the United States issued a decision in the case of Patel v. Garland No. 20-979, -- U.S. --, 2022 WL 1528346 (2022). The case could have been unnoticed like hundreds of cases, but this one has ultimate consequences for the Immigration community, and as such the decision has become widely https://www.shautsova.com/law-publications/russia-persecutes-citizens-involved-anti-war-protests.html https://www.shautsova.com/law-publications/russia-persecutes-citizens-involved-anti-war-protests.html   Mariupl, Ukraine The authorities in Russia continue efforts to intimidate its own citizens who dare to speak up against the Russian actions in Ukraine. Several activists report what has been happening behind the scenes and the likely consequences of such actions. These reports are coming from Kazan. At the height of the war months ago, a law https://www.shautsova.com/law-publications/uniting-ukraine-program-what-to-know.html https://www.shautsova.com/law-publications/uniting-ukraine-program-what-to-know.html Regardless of the reasons, it is agreeable that the Russia-Ukraine conflict has gone on for far too long. Deliberate moves must be made by both parties to resolve and quell the dispute. Nevertheless, some members of the international community are doing what they can to alleviate the plight of the refugees as a result of the conflict. Many count https://www.shautsova.com/law-publications/new-premium-processing-rules.html https://www.shautsova.com/law-publications/new-premium-processing-rules.html   On March 30, 2022, the United States Citizenship and Immigration Services (USCIS) released a policy that addresses the considerable number of updates to the premium processing benefits and gives clarity on when the USCIS will enforce the updates to premium processing filings. This policy or rule is referred to as the "Implementation of the Emerg https://www.shautsova.com/law-publications/immigration-policies-biden-democratic-members-congress-disagreements-immigration-policies.html https://www.shautsova.com/law-publications/immigration-policies-biden-democratic-members-congress-disagreements-immigration-policies.html   Before the elections that brought President Biden to power and took out former President Trump, President Biden's major mantra was against the extreme measures taken by his predecessor to end immigration. This was a major strategy for garnering support, especially, after making quite a lot of promises to bring down regulations restricting immigr https://www.shautsova.com/law-publications/biden-harris-end-title-42-us-mexico-border.html https://www.shautsova.com/law-publications/biden-harris-end-title-42-us-mexico-border.html Author: Alena Shautsova The Title 42 policy has been a reason for uproar and controversies in American society since its reenactment in March 2020 by then President Donald Trump. It was viewed as a systematic method to restrict asylum seekers from gaining entrance into the U.S. by the Trump administration. President Trump who was widely known for https://www.shautsova.com/law-publications/biden-seek-quicker-means-resolve-asylum-cases-border.html https://www.shautsova.com/law-publications/biden-seek-quicker-means-resolve-asylum-cases-border.html Author: Asylum Lawyer Alena Shautsova The teeming number of immigrants at the U.S.-Mexico border hoping to enter the U.S. is no longer news. With the ever-growing number of asylum and refugee cases, so does a great number of these cases go unsettled year in year out. Hence, there's a need for laws and policies that would help in resolving these ca https://www.shautsova.com/law-publications/president-biden-law-new-eb5-reform-integrity-act.html https://www.shautsova.com/law-publications/president-biden-law-new-eb5-reform-integrity-act.html Author: Alena Shautsova The EB-5 visa is the preferred employment-based visa of the fifth-order that allows for qualified immigrant investors coming into the U.S. to gain a permanent residence permit by investing a substantial amount in a U.S.-based business. The point invested should be able to employ at least ten U.S. citizens. The EB-5 opportun https://www.shautsova.com/law-publications/what-is-temporary-protected-status-tps-benefits.html https://www.shautsova.com/law-publications/what-is-temporary-protected-status-tps-benefits.html Author: Alena Shautsova Temporary Protected Status(TPS) is a non-permanent residence status awarded by the United States government through the Department of Homeland Security Security Secretary to qualified citizens of selected countries who due to certai severe circumstances are incapable to returning to their own country. The temporary and seve https://www.shautsova.com/law-publications/surge-russia-ukraine-refugees-us-border-title-42.html https://www.shautsova.com/law-publications/surge-russia-ukraine-refugees-us-border-title-42.html Author: Alena Shautsova With the war brewing between Russia and Ukraine, it is expected that citizens of both nations would seek refuge in other countries. That is exactly what is happening, especially amongst those close to the most attacked areas. But Ukrainians and Russians did not just start seeking refuge in other countries today. A large num https://www.shautsova.com/law-publications/unregistered-immigrants-biden-build-back-better-delayed.html https://www.shautsova.com/law-publications/unregistered-immigrants-biden-build-back-better-delayed.html The Build Back Better Plan was an agenda initiated by President Joe Biden before his inauguration as the 46th President of the United States of America. The plan is divided into three major parts, namely; The American Rescue Plan(ARP), The American Job Plan(AJP), and The American Families Plan. The plan was received with mixed reactions from the https://www.shautsova.com/law-publications/persecution-lgbt-members-georgia.html https://www.shautsova.com/law-publications/persecution-lgbt-members-georgia.html Georgia (or the Republic of Georgia)- not to be mistaken for the State of Georgia in the US- is a transcontinental country in Europe and Asia. The country was a member of the defunct Union of Soviet Socialist Republics (USSR or Soviet Union). The Republic of Georgia practices a unitary parliamentary system of government. Georgian laws portray hi https://www.shautsova.com/law-publications/persecution-uyghur-people-china.html https://www.shautsova.com/law-publications/persecution-uyghur-people-china.html The People's Republic of China which is governed by the Chinese Communist Party (CCP) is a unitary and socialist state, governed with a Marxist-Leninist ideology. With a population of over a 1.3billion people,- making it the most populous nation on earth- the country consists of over sixty ethnic groups. The majority ethnic group is the Han ethni https://www.shautsova.com/law-publications/country-conditions-persecution-ethnic-groups-burma.html https://www.shautsova.com/law-publications/country-conditions-persecution-ethnic-groups-burma.html Burma officially referred to as the Republic of the Union of Myanmar (for short, Myanmar) is a country in the southeastern part of Asia. It has an estimated population of about 54 million. The country practices a unitary assembly independent republic administered by a military junta. It has had no functioning legislative arm since the coup d'état https://www.shautsova.com/law-publications/persecution-political-opposition-thailand.html https://www.shautsova.com/law-publications/persecution-political-opposition-thailand.html Thailand or more formally, the Kingdom of Thailand is a southeastern Asian country that runs on a constitutional monarchy and a democratic parliamentary system of government. It has three arms of government, namely; the executive, legislature, and judiciary. The judiciary is supposed to be an independent institution, but unfolding events have pin https://www.shautsova.com/law-publications/country-conditions-persecution-christians-india.html https://www.shautsova.com/law-publications/country-conditions-persecution-christians-india.html The Republic of India, popularly referred to as India is a South Asian country with over 1,350,000,000(estimated), making it the second-most populous nation in the world after China. India is well known for its large landmass which places it as the seventh-largest country by area. The country is a federal state practicing a parliamentary system o https://www.shautsova.com/law-publications/eb-2-national-interest-waiver-stem-professionals.html https://www.shautsova.com/law-publications/eb-2-national-interest-waiver-stem-professionals.html With the understanding that technological advancement is a viable and feasible feeder for the United States economy, the government of the United States led by president Joe Biden is taking drastic and progressive steps in ensuring increased economic growth and technological competitiveness. To achieve this, the United States government permits a https://www.shautsova.com/law-publications/dealing-lengthy-ead-processing-timelines-practice-tips.html https://www.shautsova.com/law-publications/dealing-lengthy-ead-processing-timelines-practice-tips.html Based on AILA practice advice. In the last couple of years, an unexpected drawback has been experienced by the USCIS in the arbitration of Employment Authorization Document(EAD) cards. This has led to practitioners and applicants running around searching out methods to improve the processing or to inquire [in a forward-looking manner] into cases s https://www.shautsova.com/law-publications/motion-to-reopen-immigration-court-bia.html https://www.shautsova.com/law-publications/motion-to-reopen-immigration-court-bia.html Author: New York Immigraiton Lawyer Alena Shautsova A motion to reopen has to be filed if respondent has an order of removal and would like to avoid having the consequences of the order of removal; apply for a relief from removal, or rescind an absentia (default order of removal). Often, a person will find themselves in need to file a motion to re https://www.shautsova.com/law-publications/caste-system-slavery-mauritania.html https://www.shautsova.com/law-publications/caste-system-slavery-mauritania.html Author: Alena Shautsova Mauritania (officially known as the Islamic Republic of Mauritania) is a country in Northwest Africa that practices a semi-presidential system of government with a unicameral legislature. It has its President, Mohamed Ould Ghazouani, and the Prime Minister is Mohammed Ould Bilal. Mauritania is mainly made up of six ethnic https://www.shautsova.com/law-publications/gang-related-asylum-el-salvador.html https://www.shautsova.com/law-publications/gang-related-asylum-el-salvador.html Author: Alena Shautsova El Salvador (officially known as the Republic of El Salvador) is a Central American country with an estimated population of 6,830,000 persons as of 2021. The country operates a unitary presidential system with Nayib Bukele as President. Since the end of the Salvadoran Civil War, El Salvador has been home to an increasing r https://www.shautsova.com/law-publications/country-conditions-persecutiontajik-people-uzbekistan.html https://www.shautsova.com/law-publications/country-conditions-persecutiontajik-people-uzbekistan.html Author: Alena Shautsova The Republic of Uzbekistan, formerly part of the defunct Soviet Union, operates a presidential system of government (as provided for in the Constitution of Uzbekistan). The President functions as both the head of state and head of government. Like many of its contemporaries, the government has three arms namely: the executi https://www.shautsova.com/law-publications/country-conditions-persecution-christians-nigeria.html https://www.shautsova.com/law-publications/country-conditions-persecution-christians-nigeria.html Author: Alena Shautsova Nigeria otherwise known as the Federal Republic of Nigeria operates a federal presidential system of government. The Nigerian government has three arms, which are the executive, the legislature, and the judiciary. The primary laws governing the country are entrenched in the Constitution of the Federal Republic of Nigeria. https://www.shautsova.com/law-publications/treatment-lgbt-ukraine.html https://www.shautsova.com/law-publications/treatment-lgbt-ukraine.html Author: Alena Shautsova Contrary to what most people think, LGBT is an acronym that was coined from a longer phrase. This is why LGBT basically stands to represent lesbian, gay, bisexual and transgender respectively. LGBT technically derives its meaning from an inclusion of both sexual orientation and gender identity. However, you should also kno https://www.shautsova.com/law-publications/abuse-unmarried-women-honduras-gang-leaders.html https://www.shautsova.com/law-publications/abuse-unmarried-women-honduras-gang-leaders.html Author: Alena Shautsova An unmarried woman is simply an individual who is of the female gender but is not a member of any civil union. This union is termed as ‘marriage’ in the world today. Unmarried women might however, be in one or more committed relationships which includes dating, courtship, and engagement etc. In other words, unmarried women https://www.shautsova.com/law-publications/country-conditions-treatment-evangelicals-russia.html https://www.shautsova.com/law-publications/country-conditions-treatment-evangelicals-russia.html Author: Alena Shautsova Unfortunately, religious minorities are mostly targets of indiscreet human right violation in Russia. With the ban on Jehovah's Witnesses, Evangelicals in recent times have been the most targeted. Freedom of religion is a right that accrues to everyone and should be exercised unrestrictedly. So long as a person's belief sy https://www.shautsova.com/law-publications/country-conditions-treatment-christians-china.html https://www.shautsova.com/law-publications/country-conditions-treatment-christians-china.html Author: Alena Shautsova China, formally referred to as the People's Republic of China operates an authoritarian system of government. The Chinese Communist Party(CCP) wields the ultimate authority in the State. Almost all top government and security functioning positions are held and controlled by members of the Chinese Communist Party. The ultima https://www.shautsova.com/law-publications/us-visa-consular-process.html https://www.shautsova.com/law-publications/us-visa-consular-process.html Author: USA Immigration lawyer Alena Shautsova If you are living outside the United States and are ineligible for adjustment of status and want your applications to be processed through consulates for some certain reason, then you have to undergo consular processing that is done through the national visa center and consular post1. Immigrant visa https://www.shautsova.com/law-publications/country-conditions-persecution-journalists-ukraine.html https://www.shautsova.com/law-publications/country-conditions-persecution-journalists-ukraine.html Author: Alena Shautsova The Republic of Ukraine is a semi-presidential system with three arms of government: the executive, a unicameral legislature, and the judiciary. The executive is led by a directly elected President who is Head of State and commander-in-chief(currently being Volodymyr Zelenskyy), and a Prime Minister(currently, Denys Shmyhal https://www.shautsova.com/law-publications/female-genital-mutilation-gambia.html https://www.shautsova.com/law-publications/female-genital-mutilation-gambia.html Author: Alena Shautsova Female genital mutilation also known as female circumcision involves the deliberate act of partially or completely cutting or removing the external female genitalia for no medical reason. The process is mostly carried out by traditional cutters or circumcisers who also function as birth attendants in many cases. Health care https://www.shautsova.com/law-publications/country-conditions-russia-treatment-putin-political-opposition.html https://www.shautsova.com/law-publications/country-conditions-russia-treatment-putin-political-opposition.html Author: Alena Shautsova The Russian Federation practices a semi-presidential system of government with Vladimir Vladimirovich Putin as President and Mikhail Mishustin as Prime Minister. Vladimir Putin has been in office as President since 2012, after shifting between being President and Prime Minister since 1999. The major powers of the Russian g https://www.shautsova.com/law-publications/country-conditions-russia-persecution-lgbtq-members.html https://www.shautsova.com/law-publications/country-conditions-russia-persecution-lgbtq-members.html Author: Alena Shautsova Despite that the Russian constitution encourages freedom to life, belief, and association, the Russian environment has proven to be an unhealthy place for LGBTQ persons and associates. The attitudinal behavior of many Russians suggests that any union of persons except that of a man and woman is unnatural. Many organization https://www.shautsova.com/law-publications/vawa-self-petition-battered-abused-non-citizens.html https://www.shautsova.com/law-publications/vawa-self-petition-battered-abused-non-citizens.html Author: New York Immigration Lawyer Alena Shautsova Summary: Violence Against Women Act (“VAWA” is the United States law that provides grounds for certain abused non-citizens who are spouses or children of United States citizens or lawful permanent resident and parents of the United States citizens to submit self-petitions for immigrant visa cl https://www.shautsova.com/law-publications/country-conditions-persecution-bangladesh-nationalist-party-members.html https://www.shautsova.com/law-publications/country-conditions-persecution-bangladesh-nationalist-party-members.html Author: Alena Shautsova Bangladesh (or the People's Republic of Bangladesh) is a country located in South Asia with a population of over 163 million persons. The country has about thirteen ethnic groups. The majority being the Bengalis amounting to 98% and the other twelve (12) ethnic groups making up the other 2%. The majority of the populace (ab https://www.shautsova.com/law-publications/country-conditions-russia-ethnic-minorities.html https://www.shautsova.com/law-publications/country-conditions-russia-ethnic-minorities.html Author: Alena Shautsova Francisco Capotorti (Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities) in 1977, defined a minority as: A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members—being nationals of the State—possess eth https://www.shautsova.com/law-publications/country-conditions-russia-jehovah-witnesses.html https://www.shautsova.com/law-publications/country-conditions-russia-jehovah-witnesses.html Author: US Asylum Lawyer Russia is a country that declares itself as "secular" by way of formal presentation. It poses to embrace all and sundry. The written laws of Russia present an acceptable degree of freedom of thoughts, beliefs, and personal values as well as respect for human rights. How then are these rights exercised? Are the written law https://www.shautsova.com/law-publications/do-you-have-chance-winning-your-case-appeal.html https://www.shautsova.com/law-publications/do-you-have-chance-winning-your-case-appeal.html Author: NYC Immigration lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps clients to fight for their Immigration benefits in the United States. If you are thinking about an appeal, it means you received a denial of your Immigration application or petition. First, you need to know that not every denial may be appealed: sometimes, https://www.shautsova.com/law-publications/immigration-court-how-to-status-removal-proceeding.html https://www.shautsova.com/law-publications/immigration-court-how-to-status-removal-proceeding.html Author: NYC Immigration Lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps immigrants to successfully navigate the complex US Immigration system, comply with the Immigration court process and requirements, and present winning arguments in favor of individuals seeking status in the United States. In this blog, we will discuss the https://www.shautsova.com/law-publications/overstaying-visa-usa-options.html https://www.shautsova.com/law-publications/overstaying-visa-usa-options.html Author: NY US Visa Immigration Lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps clients to resolve their Immigration challenges and qualify for US Immigration benefits. This blog will provide a general outline for those who overstayed their US visas. If you overstayed a US visa, it means, at least, that when you entered the U https://www.shautsova.com/law-publications/the-greatest-visa-of-all-time-aka-h-3.html https://www.shautsova.com/law-publications/the-greatest-visa-of-all-time-aka-h-3.html Author: US Visa Immigration Lawyer When it comes to the United States Immigration for business and pleasure, travel for business has always been an easier avenue to procure an immigration benefit. It is the same for most countries that require foreigners to request travel in advance. While likely reasons for this correlation in the US may stem fr https://www.shautsova.com/law-publications/individual-hearing-what-to-expect-how-to-prepare.html https://www.shautsova.com/law-publications/individual-hearing-what-to-expect-how-to-prepare.html Author: USA Immigration Lawyer Alena Shautsova In the law office of Alena Shautsova, we help immigrants to reach their goals, and obtain qualified for Immigration benefits. An individual hearing is a type of a hearing an immigrant eventually will face if he/she is in removal proceedings and his or her case does not result in dismissal, adminis https://www.shautsova.com/law-publications/immigration-reform-no-plan.html https://www.shautsova.com/law-publications/immigration-reform-no-plan.html Author: USA Immigration Lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova helps immigrants to reach their Immigration goals and stay united with their family members in the United States. About 47 Million immigrants are residing in the United States according to various media resources, comprising about 15% percent of the US po https://www.shautsova.com/law-publications/humanitarian-parole.html https://www.shautsova.com/law-publications/humanitarian-parole.html Author: US Immigration lawyer Alena Shautsova US Immigration lawyer Alena Shautsova helps clients to find solutions for their US Immigration challenges. A humanitarian parole can be used to bring the US an individual who otherwise does not qualify or cannot receive a visa. The humanitarian parole program is being administrated by the Humanitari https://www.shautsova.com/law-publications/usa-visa-denial-waivers.html https://www.shautsova.com/law-publications/usa-visa-denial-waivers.html Author: US Immigration Waiver Lawyer  Alena Shautsova What can be more exciting than after months, perhaps years of waiting, document collection, and hundreds of dollars in filing fees is to finally attend your US visa interview? The only thing that can beat this excitement and thrill, would be a deep disappointment if one’s visa application i https://www.shautsova.com/law-publications/treaty-investors-visa-way-work-the-usa.html https://www.shautsova.com/law-publications/treaty-investors-visa-way-work-the-usa.html Author: US Visa Attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps her clients to qualify for US Immigration benefits. One of the ways a person may come, live and work in the US if the person qualifies for a treaty investor’s visa. This is treaty investor’s E visa is different from an EB-5 permanent resident visa program https://www.shautsova.com/law-publications/what-to-do-accused-sham-fraudulent-marriage-immigration.html https://www.shautsova.com/law-publications/what-to-do-accused-sham-fraudulent-marriage-immigration.html Author: New York Immigration Green Card Lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps immigrants to fight for their status in the United States, be it a green card, waiver, removal proceedings, appeals, motions to reopen, or prosecutorial discretion. Our New York top rated Immigration lawyer helps immigrants to analyze the https://www.shautsova.com/law-publications/u-visa-certification-who-may-sign-certification-form.html https://www.shautsova.com/law-publications/u-visa-certification-who-may-sign-certification-form.html Author: New York Immigration lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps immigrants to determine the right Immigration relief they may apply for. One of the possible grounds for a legal status in the US that is available for pretty much any non-citizen, is a U visa or status for victims of a crime. General requirements in https://www.shautsova.com/law-publications/adjustment-status-245i-exception-spouses-children.html https://www.shautsova.com/law-publications/adjustment-status-245i-exception-spouses-children.html Author: New York Immigration Lawyer Alena Shautsova New York Immigration Lawyer Alena Shautsova helps immigrants to determine their potential reliefs from removal and eligibility for various benefits under the existing and ever-changing Immigration laws. Recently, as a part of Immigration reform discussions, practitioner and public started agai https://www.shautsova.com/law-publications/us-immigration-recent-changes-whats-new-immigration-law.html https://www.shautsova.com/law-publications/us-immigration-recent-changes-whats-new-immigration-law.html Author: New York Immigration Lawyer Alena Shautsova From their first days in the office, the Biden administration vowed to change the US Immigration system for the better: to make it more “user friendly” or accessible, to restore trust in its fairness and merit, and to end the discrimination and “extreme vetting” practices. Here, I would like https://www.shautsova.com/law-publications/particular-social-group-asylum-claims-examples-explanations.html https://www.shautsova.com/law-publications/particular-social-group-asylum-claims-examples-explanations.html Author: USA Asylum Lawyer Alena Shautsova New York Immigration attorney Alena Shautsova helps her clients to navigate complex waters of the US Asylum law when preparing and submitting their asylum claims before an Asylum office or Immigration Judge. An asylum is one of the most common Immigration benefits a person with no status can file for in https://www.shautsova.com/law-publications/daca-is-it-worth-applying-now.html https://www.shautsova.com/law-publications/daca-is-it-worth-applying-now.html Author: New York Immigration Lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova helps clients to address the Immigration challenges they face and plan for the successful immigration future in the United States. DACA or deferred action for childhood arrivals was first introduced to the United States Immigration system back in 2012 https://www.shautsova.com/law-publications/asylum-interview-do-and-dont.html https://www.shautsova.com/law-publications/asylum-interview-do-and-dont.html Author: US Asylum Attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps asylum seekers to submit their claims for asylum, prepare for the interview, assist with further processing of the asylum claims if the case is referred to Immigration court. It is no doubt that official immigration interviews such as an Asylum Interview https://www.shautsova.com/law-publications/eoir-changes-immigration-court-cases-processed.html https://www.shautsova.com/law-publications/eoir-changes-immigration-court-cases-processed.html Author: New York Immigration Lawyer Alena Shautsova EOIR or Executive office of Immigration Review adopted a new policy for processing cases in Immigration court. It means that every person who is in Immigration court now (in other words persons who are in removal or deportation proceedings), or those who can be placed in such a removal or depo https://www.shautsova.com/law-publications/new-york-aggravated-unlicensed-operation-motor-vehicle.html https://www.shautsova.com/law-publications/new-york-aggravated-unlicensed-operation-motor-vehicle.html Author: NYC Immigration Lawyer Alena Shautsova A conviction of any offense, is of course, a matter that may have life long consequences for any person… but for an immigrant, a criminal conviction may also mean the end of their life in the Unites States as they know it (separation form the family members and friends, end of employment, career, s https://www.shautsova.com/law-publications/u-visa-petitions-no-deportation-for-90-days.html https://www.shautsova.com/law-publications/u-visa-petitions-no-deportation-for-90-days.html Author: NYC Immigration Lawyer Alena Shautsova On February 13, 2020, a lawsuit was filed against ICE’s former Acting Director Matthew Albence by ASISTA and Sanctuary for Families. The lawsuit was about the the ICE’s intention to eliminate the prima facie determination process for U visa petitioners. On March 18, 2021, Judge Jeffrey Meyer granted s https://www.shautsova.com/law-publications/ice-prosecutorial-discretion-review-process.html https://www.shautsova.com/law-publications/ice-prosecutorial-discretion-review-process.html Author: Deportation Attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps clients to fight for their status and stay in the United States. On March 11, 2021, ICE announced a new procedure that could change millions of lives: a case review tool. Over the past decade, ICE's priorities for deportation and removal enforcement hav https://www.shautsova.com/law-publications/the-public-charge-rule-what-the-deference.html https://www.shautsova.com/law-publications/the-public-charge-rule-what-the-deference.html Auhtor: NYC Immigraiton Lawyer Alena Shautsova Many of you are aware of the public charge rule modification that was adopted by the Trump administration and that affected virtually every, or most applicants for adjustment of status in the United States. Once the administration changed hands, the Biden’s team promised to revise the rule, but it i https://www.shautsova.com/law-publications/us-citizenship-act-2021-immigration-reform.html https://www.shautsova.com/law-publications/us-citizenship-act-2021-immigration-reform.html Author: New York Immigration Lawyer Alena Shautsova The US Citizenship Act 2021 marks the next wave of President Biden’s immigration reform. It is intended to bring about the sweeping changes his campaign and his supporter's dream of. Where the sweeping nature of the reforms may be seen by many as a moral necessity, the lack of support from the https://www.shautsova.com/law-publications/dangers-using-unauthorized-social-security-number-immigration-.html https://www.shautsova.com/law-publications/dangers-using-unauthorized-social-security-number-immigration-.html Author: New York Immigration Lawyer The Fifth Circuit court has handed a dividing precedent on the case of Munoz-Rivera v Wilkinson. The case before the court was that of Fernando Munoz-Rivera, a Mexican born migrant who had passed into the US in 2010 with an unauthorized social security number. After five years, he was picked up by the USCIS and https://www.shautsova.com/law-publications/immigration-reform-amnesty-or-crisis.html https://www.shautsova.com/law-publications/immigration-reform-amnesty-or-crisis.html Author: NYC Immigration Lawyer Alena Shautsova Biden began his term with swift action to alter the state of the immigration system of the United States. After passing executive orders and sending prospective legislation to Congress, the administration already has a migration crisis on its hands. Last week the Dream Act hit the floor of the House https://www.shautsova.com/law-publications/immigration-reform-2021-dream-act.html https://www.shautsova.com/law-publications/immigration-reform-2021-dream-act.html Author: NYC Immigration lawyer Alena Shautsova Senators Dick Durbin and Lindsay Graham brought forth another DREAM… They have proposed more bipartisan legislation that intends to give many young, undocumented immigrants ferried into the US as children a pathway to citizenship. After being sworn in, President Biden’s office immediately sounded a m https://www.shautsova.com/law-publications/biden-immigration-executive-orders.html https://www.shautsova.com/law-publications/biden-immigration-executive-orders.html Author: NYC Immigration Lawyer Alena Shautsova On Tuesday, February 2, 2021, President Biden signed three more Immigration executive orders. These were not designed to ‘make new law’, but to eliminate ‘bad policy’. The orders themselves will inevitably have a legal effect. But what effect? Two of the orders signed ordered a comprehensive review o https://www.shautsova.com/law-publications/100-day-stay-freeze-explained.html https://www.shautsova.com/law-publications/100-day-stay-freeze-explained.html Author: NYC Immigration Lawyer Alena Shautsova I want to talk about the very essence of a free and democratic nation: The rule of law. America waves this phrase around, the rule of law, as if it were sacrosanct and inherent to the nation’s bloodwork. I’m here to tell you that maybe the rule of law is more a platitude than ever before. Thanks to M https://www.shautsova.com/law-publications/biden-immigration-plans-will-not-bring-politics-together.html https://www.shautsova.com/law-publications/biden-immigration-plans-will-not-bring-politics-together.html Author: NYC immigration lawyer Alena Shautsova President Joe Biden is sat atop a house of cards. America has not just been through a political crisis, it is continuing through one. A crisis which sees both its major parties unable to come to terms with one another. Political opinion has never been so divided - amongst the public and its lawmakers. https://www.shautsova.com/law-publications/biden-immigration-proposals-us-citizenship-act.html https://www.shautsova.com/law-publications/biden-immigration-proposals-us-citizenship-act.html Author: NYC Immigration lawyer Alena Shautsova President Biden can now be legitimately uttered. For a man that was touted by his opponent as being too ‘sleepy’ to hold office, his administration has been swift to make its mark. In less than one day, Biden signed 17 executive orders and a draught Bill on immigration with plans of sweeping immigrati https://www.shautsova.com/law-publications/recent-uscis-work-permit-rules-changes.html https://www.shautsova.com/law-publications/recent-uscis-work-permit-rules-changes.html Author: Green card lawyer Alena Shautsova The Department of Homeland Security has issued another Policy Alert designed to ensure that more adjustment of status applicants leave the prospect of feeding their families at the whim of USCIS officials. When a change in status is filed for, it is likely that you will require a piece of paper stating yo https://www.shautsova.com/law-publications/h-1b-visa-rule-petitions.html https://www.shautsova.com/law-publications/h-1b-visa-rule-petitions.html Author: US Visa Attorney Alena Shautsova Alena Shautsova, NYC Immigration lawyer helps clients to obtain US visas, assists with petitioning process, green card process and more. The U.S. Department for Homeland Security has published a rule which will see a drastic change to the way H-1B petitions are dealt with. Currently, a ‘lottery’ system go https://www.shautsova.com/law-publications/ninth-circuit-court-appeals-upheld-trump-healthcare-immigration-ban.html https://www.shautsova.com/law-publications/ninth-circuit-court-appeals-upheld-trump-healthcare-immigration-ban.html Author: NYC Immigraiton Lawyer Alena Shautsova On December 31, 2020, the U.S. Court of Appeals for the Ninth Circuit upheld President Trump’s proclamation to bar migrants without approved healthcare insurance from entry to the United States - Doe #1 v Trump. Why such a decision came about? How we can explain it to our clients and their family memb https://www.shautsova.com/law-publications/conditional-residence-termination.html https://www.shautsova.com/law-publications/conditional-residence-termination.html Author: NYC Immigration Lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps immigrants to remove conditions on their permanent residency and open a path to the US citizenship. An immigrant who is being sponsored based on a marriage, will become a conditional resident if the marriage is less than 2 years old at the time of the adju https://www.shautsova.com/law-publications/aggravated-felony-consequences.html https://www.shautsova.com/law-publications/aggravated-felony-consequences.html Author: Deportation Defense Attorney Alena Shautsova NYC Immigration lawyer Alena Shautsova helps individuals with criminal convictions that may disqualify them from US Immigration benefits. An aggravated felony is a type of crime that according to the Immigration laws may have very tough consequences for a non-citizen. What is an aggravated felo https://www.shautsova.com/law-publications/new-asylum-rules-biggest-changes-asylum-law.html https://www.shautsova.com/law-publications/new-asylum-rules-biggest-changes-asylum-law.html Author: USA Asylum lawyer Alena Shautsova The US government published final rules related to asylum regulations that will go into effect on January 11, 2020. These rules call for multiple significant changes in how the adjudicator (an Asylum officer or an Immigration judge) shall analyze one’s asylum claim, provide for new grounds of denial of an https://www.shautsova.com/law-publications/domestic-violence-immigration-legal-status-us.html https://www.shautsova.com/law-publications/domestic-violence-immigration-legal-status-us.html Author: NYC Immigration lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova based in Brooklyn, New York City, helps clients to obtain US Immigration benefits. With the rise of domestic violence cases during the COVID-19 era many individuals that have previously been experiencing domestic violence are now facing an even greater cha https://www.shautsova.com/law-publications/asylum-seeker-returns-home-country-what-happens.html https://www.shautsova.com/law-publications/asylum-seeker-returns-home-country-what-happens.html Author: US Asylum Attorney Alena Shautsova US Asylum lawyer Alena Shautsova, based in NYC, Brooklyn, helps clients to understand US asylum laws, prepare and submit their asylum applications and fight for them in asylum office and Immigration courts. When a person requests asylum in the United States, he/she declares that under no circumstances he https://www.shautsova.com/law-publications/dual-citizenship-asylum.html https://www.shautsova.com/law-publications/dual-citizenship-asylum.html Author: US Asylum attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps clients with all aspects of asylum filings. In this article, we will discuss legal challenges to asylum that arise form dual citizenship and permanent residency of an asylum seeker and how dual citizenship or permanent residency may affect one’s asylum cha https://www.shautsova.com/law-publications/visa-bond-new-rule-non-immigrant-us-applicants.html https://www.shautsova.com/law-publications/visa-bond-new-rule-non-immigrant-us-applicants.html Author: US Immigration Attorney Alena Shautsova US Department of State announced a new temporary final rule: US visa applicants from certain countries will have to pay a ...bond! In order to qualify for a visa and be able to come to the US for short-time visits. Let’s see how will be affected and for how long: The new rule comes into effect https://www.shautsova.com/law-publications/uscis-special-motions-reopen-second-chance-denied-cases.html https://www.shautsova.com/law-publications/uscis-special-motions-reopen-second-chance-denied-cases.html Author: NYC Immigration Lawyer Alena Shautsova A motion to reopen/reconsider is a tool that is used to correct an adverse or erroneous decision that was made by USCIS with regard to petitions and applications. Motions to reopen are available for almost all types of forms, even where appeals are not available: for example, a denied I 485 form for https://www.shautsova.com/law-publications/new-rule-allowing-uscis-challenge-marriage-fidelity.html https://www.shautsova.com/law-publications/new-rule-allowing-uscis-challenge-marriage-fidelity.html Author: Green Card Attorney Alena Shautsova The title says it all. Recently a new ruling from the Board of Immigration Appeals (BIA) has made quite a change procedurally for marriage cases. Now, more than ever before it is important to have a record of a bona fide marriage when filing the case. USCIS has been pushing applicants to submit more th https://www.shautsova.com/law-publications/asylum-third-country-transit-bar.html https://www.shautsova.com/law-publications/asylum-third-country-transit-bar.html Author: US Asylum Attorney Alena Shautsova Recently, the US asylum system underwent massive changes. The Trump administration proposed new regulations and changed the way the old regulations are enforced. One of them is the third country bar to asylum which may prevent one from getting asylum in the US. Basically, a person who travels to the Unit https://www.shautsova.com/law-publications/us-asylum-motion-reopen-affirmative-proceedings-after-failing-interview.html https://www.shautsova.com/law-publications/us-asylum-motion-reopen-affirmative-proceedings-after-failing-interview.html Author: USA Asylum attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps clients with affirmative asylum process in the US. After USCIS changed its procedure for calling applicants for asylum interviews from a “first-come-first-serve” basis to a “last-in first-serve” basis, many people have found themselves stuck waiting for https://www.shautsova.com/law-publications/most-important-factor-success-us-asylum-proceedings.html https://www.shautsova.com/law-publications/most-important-factor-success-us-asylum-proceedings.html Author: USA Deportation attorney Alena Shautsova In the US, detention centers have become the norm for immigrants fleeing from their home countries due to fear of persecution. Previously, when a person was apprehended (arrested) in the US, usually at the border or a port of entry if they immediately claimed asylum, they would be placed into remova https://www.shautsova.com/law-publications/expedited-removal-back.html https://www.shautsova.com/law-publications/expedited-removal-back.html Author: USA Immigration Lawyer Alena Shautsova Plain and simple: Expanded Expedited Removal is Back. Here is a list of everyone who should not be placed into Expedited Removal Proceedings. If you are without status, or even a permanent resident in some situations, it is important to read this over and check to see if you fall under one of the exce https://www.shautsova.com/law-publications/vawa-benefits-self-petition-special-motion-reopen.html https://www.shautsova.com/law-publications/vawa-benefits-self-petition-special-motion-reopen.html Author: USA Immigration Lawyer Alena Shautsova VAWA stands for Violence Against Women Act. It is a law that helps certain abused, beaten relatives of Lawful permanent residents and citizens to self-petition or obtain benefits in the US without the need of a relative, family-based I 130. Here, I will share some benefits and leniencies that the VAWA https://www.shautsova.com/law-publications/criminal-activity-cimt-adjustment-status.html https://www.shautsova.com/law-publications/criminal-activity-cimt-adjustment-status.html Author: Green Card Attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps her clients to analyze their immigration status, and apply for permanent residency in the US. In doing so, we collect information about various aspects of a person’s life both in the US and abroad. It is important to collect accurate and up-to-date data a https://www.shautsova.com/law-publications/how-to-seek-release-immigration-detention.html https://www.shautsova.com/law-publications/how-to-seek-release-immigration-detention.html Author: New York Deportation Lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova helps her clients to be released from Immigration detention. A non-citizen in the US may be detained by Immigration authorities when he/she is found to have violated US Immigration laws, or, at times, there is a reason to believe he/she did. Of course, https://www.shautsova.com/law-publications/public-charge-return-what-you-need-to-know.html https://www.shautsova.com/law-publications/public-charge-return-what-you-need-to-know.html Author: USA Immigration Lawyer Alena Shautsova The infamous public charge rule is back, it is back for all of the states of the USA, including NY, CT, and VT. The rollercoaster with the public charge started after 2d Circuit Federal Court of Appeals ruled that the public charge rule should be stopped again; then the Court explained its decision st https://www.shautsova.com/law-publications/adjustment-of-status-k1-visa-entrants.html https://www.shautsova.com/law-publications/adjustment-of-status-k1-visa-entrants.html Author: Alena Shautsova K-1 visa is a tool allowing a US citizen to invite his perspective spouse to the United States for up to three months in order to determine whether or not the couple should get married. K-1 visa is not a bad instrument if the couple is not sure if they would like to get married or not. If the parties have already decided https://www.shautsova.com/law-publications/denaturalization-options-facing-difficult-choices.html https://www.shautsova.com/law-publications/denaturalization-options-facing-difficult-choices.html Author: USA Immigration lawyer Alena Shautsova As naturalization is the goal of every immigrant in the United States, denaturalization is her/his worst fear. Denaturalization is the process during which the US government is trying to take back the naturalization of a person who became a US citizen. A person who was born in the United States, canno https://www.shautsova.com/law-publications/uscis-fees-increases-2020.html https://www.shautsova.com/law-publications/uscis-fees-increases-2020.html Author New York Immigration Lawyer Alena Shautsova Law office of Alena Shautsova, NYC Immigration lawyers, help immigrants to prepare and submit applications for various immigration benefits, including Asylum, Adjustment of status, U visa, Naturalization, and more. This article discusses recent USCIS fee changes and the impact of these changes. T https://www.shautsova.com/law-publications/unexpected-bars-naturalization-good-moral-character.html https://www.shautsova.com/law-publications/unexpected-bars-naturalization-good-moral-character.html Author: US Citizenship and Immigration attorney Alena Shautsova In the law office of Alena Shautsova, NYC Immigration lawyer, we help clients to successfully obtain US citizenship. US citizenship is the goal of many: it provides rights and responsibilities; visa-free access to many countries of the world, ability to petition for family members to https://www.shautsova.com/law-publications/ina-212c-relief-permanent-residents.html https://www.shautsova.com/law-publications/ina-212c-relief-permanent-residents.html Author: NYC Immigration lawyer Alena Shautsova In the field of US Immigration law, very often the laws are not overwritten when a new law comes into effect. Therefore, if the law is written in a way to allow relief for individuals with eligibility requirements met before a specific date when a new law changes the eligibility requirements, the old https://www.shautsova.com/law-publications/asylum-persecution-win-case-us.html https://www.shautsova.com/law-publications/asylum-persecution-win-case-us.html Author: USA Asylum lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps her clients to win their asylum claims. Here, we will provide points for establishing persecution in US asylum cases that may help US asylum seekers in understanding the strength of their claims. Persecution is a central concept in the US asylum law. If one e https://www.shautsova.com/law-publications/uscis-discretion-factors-waiver-approved.html https://www.shautsova.com/law-publications/uscis-discretion-factors-waiver-approved.html Author: NYC Immigration lawyer Alena Shautsova New York Immigration lawyers at the law office of Alena Shautsova P.C. help clients to convince the US government to exercise positive discretion and grant applications for relief. Discretion... discretion is the core of the government’s ability to control one’s application for relief, be it a waiver https://www.shautsova.com/law-publications/us-immigration-options-children-under-21.html https://www.shautsova.com/law-publications/us-immigration-options-children-under-21.html Author: NYC Immigration Lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova helps children to find and pursue Immigration solutions in the USA. The Immigration laws in the United States are complicated and typically unforgiving when it comes to prior status violations, criminal history, or illegal entries. For adults, the exceptio https://www.shautsova.com/law-publications/trump-immigration-proclamation-2020-affected.html https://www.shautsova.com/law-publications/trump-immigration-proclamation-2020-affected.html Author: USA Immigration Lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova provided a summary of Trump’s recent Immigration proclamations. On June 22, 2020, President Trump signed a new Immigration proclamation that effectively foreclosed most of the legal immigration into the United States. This was the second proclamation related t https://www.shautsova.com/law-publications/vawa-divorce-new-marriage-children-tips.html https://www.shautsova.com/law-publications/vawa-divorce-new-marriage-children-tips.html Author: NYC Immigration lawyer Alena Shautsova Alena Shautsova, NYC Immigration lawyer helps clients who were abused by their US citizen or lawful permanent resident family members to obtain status in the US using VAWA and other provisions of the US immigration laws. VAWA stands for Violence Against Women Act, but the law can be used not only by f https://www.shautsova.com/law-publications/212k-waiver-how-when-use.html https://www.shautsova.com/law-publications/212k-waiver-how-when-use.html Author: NYC Immigration lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps immigrants to overcome grounds of inadmissibility and deportability. The US Immigration laws provide for a number of waivers or forgiveness for certain immigration violations. Which waiver to use and when maybe not so easy to determine: each waiver has it https://www.shautsova.com/law-publications/212h-immigration-waiver-criminal-conviction.html https://www.shautsova.com/law-publications/212h-immigration-waiver-criminal-conviction.html Author: NYC immigration lawyer ALENA SHAUTSOVA NYC immigration lawyer Alena Shautsova helps non-citizens to obtain a waiver of inadmissibility in connection with criminal convictions that are affecting one’s application for adjustment of status or United States visa. Almost all criminal convictions, and at times, even arrests will complicate a pe https://www.shautsova.com/law-publications/us-asylum-law-what-does-membership-social-group-mean.html https://www.shautsova.com/law-publications/us-asylum-law-what-does-membership-social-group-mean.html Author: Asylum lawyer Alena Shautsova US Asylum laws are extremely complicated: we have regulations, international law asylum norms, decisions by the Board of Immigration appeals, US Federal court decision, and US Supreme Court decision. At the law office of Alena Shautsova, NYC Immigration lawyers are working hard to stay abreast of the recent https://www.shautsova.com/law-publications/u-visa-status-victim-crime-legal-status.html https://www.shautsova.com/law-publications/u-visa-status-victim-crime-legal-status.html Author: New York Immigration Lawyer Alena Shautsova In the Law Office of Alena Shautsova, NYC Immigration attorney based in Brooklyn, New York, we help to qualify victims of crimes to obtain “legal” status in the United States. I am here to tell you that you do not have to be afraid if you are a victim of a crime, contact an attorney to make sure https://www.shautsova.com/law-publications/re-entry-after-removal-consequences-solutions.html https://www.shautsova.com/law-publications/re-entry-after-removal-consequences-solutions.html Author: New York Immigration Lawyer Alena Shautsova A person with a removal order issued by the Immigration Judge or an expedited removal order faces extra challenges when he/she executes that order (departs the United States) and reenters the United States. A familiar scenario would be when one attempts to enter the United States but is turned do https://www.shautsova.com/law-publications/can-you-file-perm-petition-yourself.html https://www.shautsova.com/law-publications/can-you-file-perm-petition-yourself.html Author: Alena Shautsova PERM petition or form 9089 is a petition by a US employer filed with the Department of Labor in order to sponsor a non-citizen employee for permanent work in the United States. Even though it is an employer who is supposed to file the petition, due to high technicalities of the process, most employers hire an attorney to ha https://www.shautsova.com/law-publications/humanitarian-asylum.html https://www.shautsova.com/law-publications/humanitarian-asylum.html Author: Asylum Lawyer Alena Shautsova In order to receive an approval of asylum in the United States, a person needs to have met a variety of criteria to prove that they have had past persecution or likelihood of future persecution based on their race, national origin, membership of a particular social group, religion or political opinion. On to https://www.shautsova.com/law-publications/asylum-tips-remember-filing-changing-law-persecution.html https://www.shautsova.com/law-publications/asylum-tips-remember-filing-changing-law-persecution.html Author: NYC Asylum Immigration Lawyer Alena Shautsova The US Asylum process has drastically changed throughout the past four years, mostly becoming stricter, less reasonable, and introducing a Russian Roulette style elimination of the recognition of certain social groups. It has always been the position of the United States, as with most countries https://www.shautsova.com/law-publications/trump-banning-us-immigration-sixty-days.html https://www.shautsova.com/law-publications/trump-banning-us-immigration-sixty-days.html Author: NYC Immigration Lawyer Alena Shautsova On April 22, 2020, President Trump signed an executive order restricting immigration into the United States for 60 days starting April 23, 2020, at 12 pm. The following classes of immigrants will be affected: Persons who are not in possession of a valid immigrant visa; Persons who are outside https://www.shautsova.com/law-publications/r-1-religious-work-visas.html https://www.shautsova.com/law-publications/r-1-religious-work-visas.html Author: US Religious Work Visa Lawyer Alena Shautsova The United States is a country that prides itself on protecting certain inalienable rights regardless of a person’s demographics. One of the human rights the US protects fiercely and refers to sometimes as liberty, is the freedom of religion. Many religious people call my office inquiring about https://www.shautsova.com/law-publications/how-not-to-lose-immigration-status-covid-19.html https://www.shautsova.com/law-publications/how-not-to-lose-immigration-status-covid-19.html Author: New York Immigration lawyer Alena Shautsova COVID-19 definitely altered our lives and plans. Now, here I give you help and practical tips that will save you time, money and potentially our Immigration US status. 1. What to Do if You Need to File I 751 or Other Petition to Remove Conditions On A Green Card and Stuck Overseas Due to Coronav https://www.shautsova.com/law-publications/how-win-us-asylum-case-using-pattern-practice-persecution.html https://www.shautsova.com/law-publications/how-win-us-asylum-case-using-pattern-practice-persecution.html Author: Asylum lawyer USA Alena Shautsova One of the criteria for determining whether an asylum case will be granted in the US or denied is a fear of future persecution. An applicant for asylum must establish that he or she is likely to be persecuted in the future if returned to home country, any part of their country. Moreover, a pattern or pr https://www.shautsova.com/law-publications/immigration-case-time-coronavirus-national-emergency.html https://www.shautsova.com/law-publications/immigration-case-time-coronavirus-national-emergency.html Author: New York Immigration Lawyer Alena Shautsova The Coronavirus disrupted our lives on every possible level. It is a time of uncertainty for everyone in the world, but those who have pending legal matters may have additional stress factors to take into consideration: deadlines, inability to see an attorney or a notary, inability to submit th https://www.shautsova.com/law-publications/n400-timeline-new-pitfalls.html https://www.shautsova.com/law-publications/n400-timeline-new-pitfalls.html Author: U.S. Citizenship and Naturalization Attorney Alena Shautsova Being granted US Citizenship is a dream come true for many lawful permanent residents who went through significant hurdles to adjust their status. With all the recent changes in immigration, especially the new public charge rules many who would like to apply for US Citizenship a https://www.shautsova.com/law-publications/uscis-hidden-messages-vawa-applicants.html https://www.shautsova.com/law-publications/uscis-hidden-messages-vawa-applicants.html Author: VAWA Immigration lawyer Alena Shautsova Recently, USCIS adopted a practice to issue C(31) EAD for VAWA cases. The EAD is being mailed to you without any explanation. There are no other notices, until some months later a person receives a notice of deferred action approval. The employment authorization category under the c(31) is reserve https://www.shautsova.com/law-publications/how-to-avoid-rejections-submission-uscis.html https://www.shautsova.com/law-publications/how-to-avoid-rejections-submission-uscis.html Author: Alena Shautsova USCIS continues to update its policy manual to reflect the latest changes in how it is processing various requests for US Immigration benefits. When a person submits his or her package to USCIS, at times it gets rejected. Why would USCIS reject a submission? What would be a filing date when a person corrects the mistakes https://www.shautsova.com/law-publications/form-i-944-adjustment-status-public-charge-immigration.html https://www.shautsova.com/law-publications/form-i-944-adjustment-status-public-charge-immigration.html Author: NYC Immigration Lawyer, Green card attorney Alena Shautsova On February 24, 2020, following a decision by the US Supreme Court not to hold the new administration’s public charge rule, the USCIS started to follow the new rule for almost all adjustment of status cases. To wit: from February 24, 2020, on, almost every applicant for adjustment https://www.shautsova.com/law-publications/rescission-adjustment-status.html https://www.shautsova.com/law-publications/rescission-adjustment-status.html Author: US green card lawyer Alena Shautsova Mr. X applied for his US citizenship after being a green card holder in the US for much longer than 5 years. His naturalization application was pending for a long time and finally, he was called for the interview. The interview went well, but the officer said she needed more time to issue a decision. At https://www.shautsova.com/law-publications/automatic-citizenship-children.html https://www.shautsova.com/law-publications/automatic-citizenship-children.html Author: NYC Immigration Citizenship Lawyer Alena Shautsova A person who was brought to the USA as a child may not know that he or she is already a citizen. Often, children do not worry about their immigration status and continue to renew their green cards up until the time they need to travel overseas or there is some sort of legal issue. At tim https://www.shautsova.com/law-publications/new-travel-ban-questions-answers.html https://www.shautsova.com/law-publications/new-travel-ban-questions-answers.html Author: New York Immigration lawyer Alena Shautsova On January 31, 2020, President Trump expanded travel ban by adding six new countries to the list of countries nationals of which cannot come to the U.S. without waivers. This new ban, unlike the previous ones, concerns Immigrant visas only. Which countries are included in the new travel ban 2020 https://www.shautsova.com/law-publications/e-visa-usa-business-investments.html https://www.shautsova.com/law-publications/e-visa-usa-business-investments.html Author: Business visa lawyer Alena Shautsova An E Visa, commonly referred to as a business visa, can be obtained by 3 types of foreign nationals whose country has an appropriate treaty with the United States, specifically a treaty of commerce and navigation: Traders – people who engage in substantial international trade of goods, services or te https://www.shautsova.com/law-publications/ice-reopening-removal-proceedings-daca-recipients.html https://www.shautsova.com/law-publications/ice-reopening-removal-proceedings-daca-recipients.html Author: NYC Deportation Lawyer Alena Shautsova, co-author: Greg Abrams Reports of DACA recipients receiving notices to appear in Immigration Court began on December 29th, 2019. What a great way to start the New Year… with fear and uncertainty. When a person applies for DACA, they concede that they are deportable from the US, but ask for deferred https://www.shautsova.com/law-publications/tps-holders-changes-adjustment-status-policies.html https://www.shautsova.com/law-publications/tps-holders-changes-adjustment-status-policies.html Author: Green Card Lawyer Alena Shautsova The changes to the policy happened right before the start of the holiday season, December 20, 2019. Unfortunately for some, these changes are not gifts. Since the development of temporary protected status (TPS), and the ability to travel outside the country temporarily and return if you obtained a special https://www.shautsova.com/law-publications/immigration-amnesty-liberians-parole-in-place-ndaa-2020-bill.html https://www.shautsova.com/law-publications/immigration-amnesty-liberians-parole-in-place-ndaa-2020-bill.html Author: New York Immigration lawyer Alena Shautsova President Trump is hard on Immigration issues: under his administration, we have all heard news of family separation, travel ban, and expansion of expedited removal. Yet, on December 20, 2019, he signed into law the National Defense Authorization Act, a military spending bill, that contained one https://www.shautsova.com/law-publications/former-conditional-residents-able-readjust-without-court-proceedings.html https://www.shautsova.com/law-publications/former-conditional-residents-able-readjust-without-court-proceedings.html Author: New York Immigration attorney Alena Shautsova When a person receives the status of a permanent resident before his or her marriage is more than 2 years old, or if a person is an investor, he or she usually will become a conditional resident, with the residency given for 2 years. That condition from the residency will have to be removed b https://www.shautsova.com/law-publications/asylum-backlog-decision-delays-followup.html https://www.shautsova.com/law-publications/asylum-backlog-decision-delays-followup.html Author: New York Asylum attorney Alena Shautsova Asylum cases that were filed before January 2018 may be pending for a very, very long time: years. At times, a person appears for an interview, but the decision is taking much longer than the usual two weeks. If you need to submit additional evidence before your interview, in New York, new materi https://www.shautsova.com/law-publications/trump-health-insurance-plan-immigrant-visa-applicants.html https://www.shautsova.com/law-publications/trump-health-insurance-plan-immigrant-visa-applicants.html Author: Alena Shautsova President Trump recently announced that starting November 3, 2019, all Immigrant visas for those who are not exempt from the public charge rule should be denied unless a person can demonstrate that he/she will have approved health insurance coverage in the US within 30 days of entry or can cover the medical expenses. To a https://www.shautsova.com/law-publications/asylum-based-political-opinion.html https://www.shautsova.com/law-publications/asylum-based-political-opinion.html Author: USA Asylum Lawyer Alena Shautsova A person applying for asylum in the US has to present his/her claim based on one of the enumerated grounds. Political opinion is one of them. Many actually refer to asylum benefit in the US as “political asylum.” It is surely one of the most popular grounds, but not the only one. Typically, when we say https://www.shautsova.com/law-publications/naturalization-proceedings-good-moral-character.html https://www.shautsova.com/law-publications/naturalization-proceedings-good-moral-character.html Author: US Citizenship Attorney Alena Shautsova I read an article recently that a former political prisoner of Cuba, who advocated against Fidel Castro, was actually detained in Cuba, and later released on the request of the US government and was able to come to the US, was denied US citizenship. USCIS denied him naturalization petition, and the https://www.shautsova.com/law-publications/new-public-charge-rule.html https://www.shautsova.com/law-publications/new-public-charge-rule.html Author: New York Immigration Attorney Alena Shautsova Will you or our family member be regarded as a public charge under the new rules that come into effect on October 15, 2019? The answer is crucial: if it is a YES, it means you or your loved one may not be able to receive a green card (permanent residency) in the United States or even come to https://www.shautsova.com/law-publications/expansion-expedited-removal-new-attack-due-process-rights.html https://www.shautsova.com/law-publications/expansion-expedited-removal-new-attack-due-process-rights.html Author: Tomas Greenberg, Alena Shautsova It’s no secret that the current U.S. administration has been cracking down on immigration, and a new policy released by President Trump has only further strengthened these efforts. The policy expands the process of expedited removal—when the U.S. Customs and Border Protection (CBP) quickly removes non-U. https://www.shautsova.com/law-publications/asylum-mavni-applicants.html https://www.shautsova.com/law-publications/asylum-mavni-applicants.html Tomas Greenberg, Alena Shautsova   The U.S. government launched the Military Accessions Vital to the National Interests Program (MAVNI) in 2009 to recruit immigrants with language or medical capabilities to the U.S. armed services. Although the program shut down in 2016, a data breach in the military between July 2017 and January 2018 accidental https://www.shautsova.com/law-publications/green-card-based-marriage-usc.html https://www.shautsova.com/law-publications/green-card-based-marriage-usc.html Author: Alena Shautsova One of the ways to obtain a US permanent residency without leaving the US is through marriage to a US citizen. However, not everyone will be eligible for this route. Here are the most common issues that arise when someone is marrying a US citizen: 1. BONA FIDE MARRIAGE The first requirement for adjustment would be to pr https://www.shautsova.com/law-publications/special-immigrant-juvenile-status-how-to-serve-your-parents.html https://www.shautsova.com/law-publications/special-immigrant-juvenile-status-how-to-serve-your-parents.html Author: Immigration Attorney Alena Shautsova Special Immigrant Juvenile Status is a good option for children (under 18 or 21 depending on the state law) who were abandoned, neglected or abused by one or both parents and who now are seeking legal status in the US. The first step in obtaining the status would be to go through Family court proceedi https://www.shautsova.com/law-publications/voluntary-departure-types-benefits.html https://www.shautsova.com/law-publications/voluntary-departure-types-benefits.html Author: New York Immigration Attorney Alena Shautsova Voluntary departure is a form of relief from removal. Once the Immigration court proceedings began, one cannot simply leave the US without risking having an order of removal in absentia. At times, voluntary departure is the only option. Sometimes, you choose it strategically: not to have an ord https://www.shautsova.com/law-publications/social-media-reviewed-consul.html https://www.shautsova.com/law-publications/social-media-reviewed-consul.html Author: US Visa Attorney Alena Shautsova Recently, the US government added a new question to the non-immigrant and immigrant visa application forms: the question invites you to share the email addresses and social media accounts you used for the past five years. Note that only the names of the accounts/profiles are required, not the passwords. https://www.shautsova.com/law-publications/same-sex-marriage-after-marriage-person-opposite-sex.html https://www.shautsova.com/law-publications/same-sex-marriage-after-marriage-person-opposite-sex.html Author: Green Card Attorney Alena Shautsova In 2013, the United States Supreme Court recognized the validity of the same-sex marriage. Since that time, USCIS granted numerous cases for the individuals in same-sex marriages, as well as petitions submitted for the same-sex fiancés, waivers, cancellation of removal cases, etc. The question that ari https://www.shautsova.com/law-publications/recent-immigration-law-changes-summary.html https://www.shautsova.com/law-publications/recent-immigration-law-changes-summary.html Author: Alena Shautsova Immigration law is one of the fastest changing areas of practice. It is so because unlike in other law areas, the changes may come from the President, USCIS, Board of Immigration Appeals and courts in addition to ... law itself. Here are the key points of what happened within the past month: President Trump announces https://www.shautsova.com/law-publications/bia-motion-reopen-sua-sponte.html https://www.shautsova.com/law-publications/bia-motion-reopen-sua-sponte.html Author: Alena Shautsova If removal or deportation proceedings were lost, a person will have an order of deportation/removal against them. At times, a person would fail to appear in Immigration courts proceedings completely and will have an order of removal/deportation entered against them in absentia. But an order of removal does not mean that a https://www.shautsova.com/law-publications/state-marijuana-related-arrest-citizenship-problem.html https://www.shautsova.com/law-publications/state-marijuana-related-arrest-citizenship-problem.html Author: US citizenship Lawyer Alena Shautsova Recently, in response to states’ trying to decriminalize the use of marijuana, USCIS published policy updates stating that certain actions even though might not be criminal on a state level will be regarded as a “problem” when it comes to Immigration. The exact language of the USCIS’s announcement read https://www.shautsova.com/law-publications/new-change-of-status-i-539-form.html https://www.shautsova.com/law-publications/new-change-of-status-i-539-form.html Author: US Visa Attorney Alena Shautsova A person who is in the United States in lawful status may wish to change that status, for example, from a tourist to a student, or to extend that status, for example, to stay in the US and travel longer or to continue his/her education. In such cases, a person has to file a special form I-539 and submit a https://www.shautsova.com/law-publications/recapturing-priority-date-aged-out-children-lpr.html https://www.shautsova.com/law-publications/recapturing-priority-date-aged-out-children-lpr.html Author: New York Family Immigration Attorney Alena Shautsova Priority dates in immigration play vital role: when priority date is current, a person who had a petition filed for them can adjust their status or file for an Immigrant visa. In some categories, people wait for years or even decades for a priority date to become "current". In a cer https://www.shautsova.com/law-publications/vawa-212h-waiver.html https://www.shautsova.com/law-publications/vawa-212h-waiver.html Author: New York Immigration Attorney Alena Shautsova VAWA is relief available to certain batted spouses, parent and children, of USC or LPR. 212(h) waiver helps those applying for adjustment of status or an Immigrant visa to waive inadmissibility related to certain convictions, including, at times, aggravated felony convictions. 212(h) waiver i https://www.shautsova.com/law-publications/proposed-dream-and-promise-act-2019.html https://www.shautsova.com/law-publications/proposed-dream-and-promise-act-2019.html Author: New York Immigration Attorney Alena Shautsova With the new year comes new hopes: the House Democrats introduced a new Immigration Bill that potentially can help millions ...those who have TPS and Dreamers. The Bill, if passed, would allow TPS holders to file for a green card directly. Then, once a person spends five years in a green card https://www.shautsova.com/law-publications/rfe-noid-noir-can-you-still-win-your-case.html https://www.shautsova.com/law-publications/rfe-noid-noir-can-you-still-win-your-case.html Author: US Green Card Attorney Alena Shautsova Every applicant for Immigration benefits is probably aware of certain notices USCIS may send such as request for more evidence (RFE), notice of intent to deny (NOID) and notice of intent to revoke (NOIR). As it turns out, it is not so bad if you receive such notices, because according to the recent https://www.shautsova.com/law-publications/214b-visa-refusal-can-legal-net-help.html https://www.shautsova.com/law-publications/214b-visa-refusal-can-legal-net-help.html Author: US Visa Attorney Alena Shautsova 214(b) denial of the US visa application is one of the most common reasons why a person cannot enter the US. This denial may be caused because a consul determined that a person has an immigrant intent while applied for a non-immigrant visa, or because the person failed to meet requirements for a visa:   a https://www.shautsova.com/law-publications/tips-for-dealing-with-the-nvc.html https://www.shautsova.com/law-publications/tips-for-dealing-with-the-nvc.html Author: US Immigrant Visa Attorney Alena Shautsova National Visa Center is a “middle man” between the applicant/petitioner and the consulate when one is applying for immigrant and certain non-immigrant visas. You will need to deal with the NVC prior to appearing for a visa interview and here, knowing certain its practices will help tremendously. https://www.shautsova.com/law-publications/citizenship-policy-changes-english-requirements-waiver.html https://www.shautsova.com/law-publications/citizenship-policy-changes-english-requirements-waiver.html Author: US Citizenship Attorney Alena Shautsova One of the requirements for naturalization is for the person to be able to read, write and speak English. In some cases, however, the US government may waive this retirement if a person can establish that he/she has a certain disability that prevents him or her to learn English. In such a case, a p https://www.shautsova.com/law-publications/do-not-leave-usa-i131-advance-parole-pending.html https://www.shautsova.com/law-publications/do-not-leave-usa-i131-advance-parole-pending.html Author: NY Immigration Attorney Alena Shautsova Form I 131 can be used for a variety of applications connected with travel: A refugee travel document, parole in place, a reentry permit, etc. Often, persons who have a pending adjustment of status in the US, for example, would apply for permission to travel abroad while the application is pending. F https://www.shautsova.com/law-publications/waiver-for-travel-ban-30.html https://www.shautsova.com/law-publications/waiver-for-travel-ban-30.html Author: New York Immigration lawyer Alena Shautsova In June of 2018, the US Supreme court allowed Trump’s Travel Ban 3.0 to be implemented. According to this Ban, nationals of certain countries cannot receive a visa or enter the US without a waiver. The country affected by the Ban are Iran, Libya, North Korea, Somalia, Syria, and Yemen. Accordin https://www.shautsova.com/law-publications/new-proposed-h1b-regulations.html https://www.shautsova.com/law-publications/new-proposed-h1b-regulations.html Author: New York Immigration Attorney Alena Shautsova President Trump ordered Immigration authorities to make changes to the employment Immigration law, and the changes are coming. The administration posted a copy of the proposed H1B rules that would change the landscape of the H1B immigration. Specifically, the new rules would require all emp https://www.shautsova.com/law-publications/immigration-changes-us-midterm-elections-affect-status.html https://www.shautsova.com/law-publications/immigration-changes-us-midterm-elections-affect-status.html Author: US Immigration Attorney Alena Shautsova 2018 midterm elections are over: Republicans won the Senate, and Democrats the House. It means that now, more than ever, the Congress will be divided, and any law will be even harder to pass. The Senate has some important powers that would limit all House’s initiatives to challenge the current pow https://www.shautsova.com/law-publications/marriage-fraud-waiver.html https://www.shautsova.com/law-publications/marriage-fraud-waiver.html Author: New York Immigration Lawyer Alena Shautsova False statements during the immigration process generally make a person inadmissible and deportable but eligible for a waiver. However, some particular statements come with even worse consequences: permanent bar from the US and disqualifier for any immigration benefits. For example, claims to US https://www.shautsova.com/law-publications/renewing-i485-application-immigration-court.html https://www.shautsova.com/law-publications/renewing-i485-application-immigration-court.html Author: New York Deportation Attorney Alena Shautsova Adjustment of status application I 485 is usually filed with USCIS. In fact, it has to be filed with USCIS unless the person in removal proceedings. In removal proceedings, only the Immigration Judge will have jurisdiction to make a decision on I 485 form apart form certain very narrow except https://www.shautsova.com/law-publications/asylum-interview-current-scheduling-times.html https://www.shautsova.com/law-publications/asylum-interview-current-scheduling-times.html Author: US Asylum Attorney Alena Shautsova In early 2018, DHS changed drastically its practices related to the scheduling of asylum interviews. If previously an applicant for asylum could stay in line for the interview for years, nowadays more than 50% of cases are scheduled for the interview within 43 days of the filing dates. It means that those https://www.shautsova.com/law-publications/new-nta-policy-starting-october-1-2018.html https://www.shautsova.com/law-publications/new-nta-policy-starting-october-1-2018.html Author: New York Immigration Attorney Alena Shautsova NTA or Notice to Appear is a charging document with the filing of which starts a removal (deportation) proceeding against a person in the US. Ordinary, it would be ICE (or immigration “police”) that would issue an NTA after it determined there are grounds for a person’s removal from the US. P https://www.shautsova.com/law-publications/new-regulations-regarding-public-charge-affect-thousands.html https://www.shautsova.com/law-publications/new-regulations-regarding-public-charge-affect-thousands.html Author: New York Immigration Lawyer Alena Shautsova DHS has published an advance copy of the Public Charge Rogations. A “public charge” inadmissibility ground has been in the US laws for a long time, but the way the government officials were have been considering cases now is going to change. Ordinarily, when a person is being sponsored for a https://www.shautsova.com/law-publications/automatic-citizenship-for-children-custody-issue.html https://www.shautsova.com/law-publications/automatic-citizenship-for-children-custody-issue.html Author: New York citizenship attorney Alena Shautsova When a parent naturalizes and has children under 18 years old on the date of the naturalization, typically, the Immigration officers will remind that parent that now he/she should file and obtain US passports for those children. Sometimes, however, the things do not work out the way we plan. https://www.shautsova.com/law-publications/matter-of-bermudez-cota.html https://www.shautsova.com/law-publications/matter-of-bermudez-cota.html Author: New York Immigration Lawyer Alena Shautsova Just a few months ago, the entire Immigration community became very excited after the US Supreme Court held that the Notice to Appear that does not list specific date and time for the hearing cannot be used for the “stop-time” rule purposes, opening the door for thousands of immigrants to reope https://www.shautsova.com/law-publications/how-deferral-new-semester-kills-change-status-application.html https://www.shautsova.com/law-publications/how-deferral-new-semester-kills-change-status-application.html Author: US Visa Attorney Alena Shautsova You filed an application not change status in the US to become a student here. You previously had an H1B, B, or some other status and decided it would be a good idea to get a degree in the US. You applied for a change of status while you were still in status; you obtained I 20, SEVIS registration, paid the https://www.shautsova.com/law-publications/new-standards-continuance-requests-immigration-court.html https://www.shautsova.com/law-publications/new-standards-continuance-requests-immigration-court.html Author: New York Immigration Attorney Alena Shautsova A continuance in Immigration court can be a necessity: you might need to ask the Immigration judge to postpone your hearing for a later date because you submitted a petition/application for USCIS and its outcome will determine your case; or because you need more time to find an attorney; or bec https://www.shautsova.com/law-publications/i-601a-waiver-revocation-based-public-charge.html https://www.shautsova.com/law-publications/i-601a-waiver-revocation-based-public-charge.html Author: I 601A Waiver Attorney Alena Shautsova I 601A waiver allows an individual to return to the US when otherwise inadmissible due to unlawful presence. The good thing about this waiver that a person can stay in the US while waiting for the decision to be made on the waiver, and the person does not have to leave the US if the waiver is not appr https://www.shautsova.com/law-publications/daca-may-be-restored.html https://www.shautsova.com/law-publications/daca-may-be-restored.html Author: New York Immigration Attorney Alena Shautsova DACA is a temporary protection from deportation for childhood arrivals was implemented by President Obama. President Trump’s administration decided to scrap the program, and the people pushed back. Recently, a Federal judge in Washington DC ordered the entire program be restored by the govern https://www.shautsova.com/law-publications/nypd-issue-tickets-not-arrests-marijuana.html https://www.shautsova.com/law-publications/nypd-issue-tickets-not-arrests-marijuana.html Author: Green Card Attorney Alena Shautsova An arrest and a pending charge would prevent a person from acquiring a green card or citizenship. A conviction of possession of more than 30g of marijuana can result in one’s deportation… Some misdemeanors or criminal violations pose a problem when applying for permanent residency or citizenship. By pay https://www.shautsova.com/law-publications/what-special-immigrant-juvenile-status-requirements.html https://www.shautsova.com/law-publications/what-special-immigrant-juvenile-status-requirements.html Author: Sheila Barabino Special Immigrant Juvenile Status (SIJS) is an avenue for undocumented children to obtain legal and permanent residency status in the US if they cannot be reunified with one or both parents due to abuse, neglect, or abandonment, and it is not in their best interests to be returned to their home country. Before a child can https://www.shautsova.com/law-publications/developments-asylum-law-victims-gang-domestic-violence.html https://www.shautsova.com/law-publications/developments-asylum-law-victims-gang-domestic-violence.html Author: Sheila Barabino, edited by Asylum Lawyer Alena Shautsova Asylum seekers can make claims that they suffered persecution that is related to one of five categories: race, religion, nationality, political opinion or their particular social group. The Board of Immigration Appeals set a precedent in 2014 that allowed married women who are unable https://www.shautsova.com/law-publications/what-expect-interview-removal-conditional-residency.html https://www.shautsova.com/law-publications/what-expect-interview-removal-conditional-residency.html Author: Bex Montz, edited by New York Immigration lawyer Alena Shautsova There are many reasons why USCIS may call you for an interview in connection with your application for removal of conditions. Interviews are not necessarily an indication of a problem with an application, however, it is suggested that an applicant seek legal counsel if USCIS https://www.shautsova.com/law-publications/material-support-bar-asylum.html https://www.shautsova.com/law-publications/material-support-bar-asylum.html Author: US Asylum Attorney Alena Shautsova A person who is coming to the US in pursuit of asylum will be forgiven for illegal entry, certain immigration fraud, and misrepresentation, overstay of their legal time in the US, and some other violations of the US Immigration laws. If a person is convicted of certain crimes or admitted to committing cer https://www.shautsova.com/law-publications/visiting-family-members-us-immigrant-petition-pending.html https://www.shautsova.com/law-publications/visiting-family-members-us-immigrant-petition-pending.html Author: US Visa Attorney Alena Shautsova US Immigration laws prohibit issuance of a non-immigrant visa to an individual who has "immigrant intent": a person who wishes to stay in the US. As a result, many are afraid to file I 130 immigrant petitions for their family members and lose the precious time. Recently, CBP confirmed that they would all https://www.shautsova.com/law-publications/immigration-court-individual-hearing-how-to-prepare.html https://www.shautsova.com/law-publications/immigration-court-individual-hearing-how-to-prepare.html Author: New York Immigration Attorney Alena Shautsova An Individual hearing in Immigration court is basically a trial, a day when one’s application will be heard on merits. First, you will need to get familiar with the Immigration Court Practice Manual and read when and what you can submit. If the judge did not specify when you need to submit t https://www.shautsova.com/law-publications/noid-asylum-cases.html https://www.shautsova.com/law-publications/noid-asylum-cases.html Author: Asylum lawyer Alena Shautsova NOID or Notice of Intent to Deny is a document that might receive from a US asylum office after he/she appeared for an interview. While it is not a denial, it is an indication that an asylum officer intends to deny your claim. The notice usually will specify the reasons for such intent: perhaps, it will rev https://www.shautsova.com/law-publications/how-help-spouse-get-us-green-card.html https://www.shautsova.com/law-publications/how-help-spouse-get-us-green-card.html Author: US Marriage Green Card Attorney Alena Shautsova You are a US citizen; you have met a love of your life, you guys got married and started sharing your lives. Unfortunately, your spouse is "undocumented". Soon you realized that without “legal papers” in the US, you guys could not apply for a mortgage, share health insurance or even file https://www.shautsova.com/law-publications/non-immigrant-visa-waiver.html https://www.shautsova.com/law-publications/non-immigrant-visa-waiver.html Author: New York Immigration Lawyer Alena Shautsova All visas to the US can be classified as immigrant, non-immigrant and dual intent visas. Immigrant visas are basically “stickers” in one’s passport that allow a person to cross the border in the US and be admitted into the US an immigrant or a green card holder. They can be issued in various cate https://www.shautsova.com/law-publications/vacated-conviction-when-sill-counts-immigration-purposes.html https://www.shautsova.com/law-publications/vacated-conviction-when-sill-counts-immigration-purposes.html Author: New York Immigration Attorney Alena Shautsova You had your conviction vacated, and now you believe you have a “clean record.” It is time for your Immigration application, and you are wondering if you even need to mention that you were convicted, after all, that conviction is no longer valid... Well, it might be true that you are “not conv https://www.shautsova.com/law-publications/245i-adjustment-of-status.html https://www.shautsova.com/law-publications/245i-adjustment-of-status.html Author: New York Green Card Lawyer Alena Shautsova I bet that almost every long-term US immigrant has heard of the 245i law. But I have noticed that many have misconceptions about the statute that how it actually can be used for a person’s benefit. 245(i) allows to adjust status without leaving the US for those who: entered the US without insp https://www.shautsova.com/law-publications/immigration-benefits-military-members-families.html https://www.shautsova.com/law-publications/immigration-benefits-military-members-families.html Author: New York Immigration Lawyer Alena Shautsova U.S. military provides much more immigration benefits to its members and their families than the public is generally discussing. For example, many know that U.S. military provides an expected path to the US citizenship, but few are aware that in some cases, it is also possible to obtain a law https://www.shautsova.com/law-publications/diplomatic-visas-change-adjustment-out-status.html https://www.shautsova.com/law-publications/diplomatic-visas-change-adjustment-out-status.html Author: New York Immigration Attorney Alena Shautsova I have noticed that there is little to none information online regarding diplomatic visas, such as A and G. I feel it comes from a general assumption that those visas reserve for such a small percentage of “high officials”, that they will never ever need a regular Immigration lawyer in the US. https://www.shautsova.com/law-publications/permanent-bar-possible-solutions.html https://www.shautsova.com/law-publications/permanent-bar-possible-solutions.html Author: 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 https://www.shautsova.com/law-publications/ij-immigrant-pay-setting-bond.html https://www.shautsova.com/law-publications/ij-immigrant-pay-setting-bond.html Author: 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 https://www.shautsova.com/law-publications/asylum-family-ms-13-gang.html https://www.shautsova.com/law-publications/asylum-family-ms-13-gang.html Author: 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 https://www.shautsova.com/law-publications/immigration-bond-us-supreme-court.html https://www.shautsova.com/law-publications/immigration-bond-us-supreme-court.html Author: 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 https://www.shautsova.com/law-publications/stuck-i-751-petition.html https://www.shautsova.com/law-publications/stuck-i-751-petition.html Author: 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 https://www.shautsova.com/law-publications/possible-new-law-to-help-dreamers.html https://www.shautsova.com/law-publications/possible-new-law-to-help-dreamers.html Author: 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 https://www.shautsova.com/law-publications/asylum-one-year-filing-deadline-exception-changed-circumstances.html https://www.shautsova.com/law-publications/asylum-one-year-filing-deadline-exception-changed-circumstances.html Author: 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 https://www.shautsova.com/law-publications/el-salvador-loses-tps-protection.html https://www.shautsova.com/law-publications/el-salvador-loses-tps-protection.html Author: 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 https://www.shautsova.com/law-publications/uscis-eoir-jurisdiction-asylum-cases.html https://www.shautsova.com/law-publications/uscis-eoir-jurisdiction-asylum-cases.html Author: 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 https://www.shautsova.com/law-publications/tps-honduras-holders-automatic-extension.html https://www.shautsova.com/law-publications/tps-honduras-holders-automatic-extension.html Author: 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 https://www.shautsova.com/law-publications/immigration-rollercoaster-2017.html https://www.shautsova.com/law-publications/immigration-rollercoaster-2017.html Author: New York Green Card Attorney Alena Shautsova 2017 was a year of unimaginable change within the field of Immigration Law. Orders of supervision were not renewed, TPS for certain countries was not extended. An entrepreneurship program was passed to help small entrepreneurs start a business in the US, however, minutes after its passing it https://www.shautsova.com/law-publications/cuban-uscis-nolonger-considering-consular-certificate-birth-outside-cuba.html https://www.shautsova.com/law-publications/cuban-uscis-nolonger-considering-consular-certificate-birth-outside-cuba.html Author: New York Immigration Attorney Alena Shautsova An interesting statement was published by USCIS recently: USCIS is no longer considering a consular certificate documenting an individual’s birth outside of Cuba to a Cuban parent as sufficient evidence of Cuban citizenship.. For a person who is not involved with Immigration issues, such a n https://www.shautsova.com/law-publications/citizenship-application-pitfalls-most-common.html https://www.shautsova.com/law-publications/citizenship-application-pitfalls-most-common.html Author: US Citizenship Lawyer Alena Shautsova For any immigrant to receive a US citizenship signifies a great achievement: everything he/she worked for, everything he/she hoped for in the US is presented by a sheet of paper called a Certificate of Naturalization. Usually, a person has to be in green card status for 3 or 5 years before he/she can s https://www.shautsova.com/law-publications/things-know-representing-yourself-immigration-court.html https://www.shautsova.com/law-publications/things-know-representing-yourself-immigration-court.html Author: US Immigration Attorney Alena Shautsova If you are considering representing yourself in Immigration court, you need to educate yourself on some important points. You should know that in a hearing that will take place, you will be the only non-legally trained person, apart from your interpreter (if you will need one). It means that you ha https://www.shautsova.com/law-publications/relief-victims-labor-sex-trafficking-t-status.html https://www.shautsova.com/law-publications/relief-victims-labor-sex-trafficking-t-status.html US Immigration Attorney Alena Shautsova In 2016, the US government issued new regulations concerning relief that victims of human trafficking may qualify for. The new regulations illuminated many barriers and hard-to-meet rules that were on the ways of the victims and their ability to qualify for Immigration benefits. To qualify for the T stat https://www.shautsova.com/law-publications/domestic-violence-conviction-immigration-consequences.html https://www.shautsova.com/law-publications/domestic-violence-conviction-immigration-consequences.html Author: New York Immigration Lawyer Alena Shautsova A conviction of domestic violence makes a person removable, but not inadmissible. In other words, if one is a lawful permanent resident and is convicted of domestic violence, he/she can be removed (deported). However, if one is a visa holder, or a person out-of-status, without status and is apply https://www.shautsova.com/law-publications/lpr-spends-long-time-overseas-what-happens.html https://www.shautsova.com/law-publications/lpr-spends-long-time-overseas-what-happens.html Author: Green Card Lawyer Alena Shautsova A green card holder or a lawful permanent resident, is presumed to have settled in the United States after the receipt of the status. As such, the law states, that if an LPR spends too much time abroad, he/she can lose the green card. Often, the issue arises in the airport upon the LPR’s arrival after a s https://www.shautsova.com/law-publications/immigration-recent-news-changes.html https://www.shautsova.com/law-publications/immigration-recent-news-changes.html Author: New York Asylum Lawyer Alena Shautsovaa The last day of October 2017 was truly horrifying, and not only for New Yorkers who had to face yet another attack, but I believe for the whole world community of people who are tired of hatred and violence. As we all know, President Trump reacted immediately and defensively: he suggested that the D https://www.shautsova.com/law-publications/trump-administration-announced-new-immigration-priorities.html https://www.shautsova.com/law-publications/trump-administration-announced-new-immigration-priorities.html Author: US Asylum Lawyer Alena Shautsova On October 8, 2017, President Trump released new Immigration priorities. The US will head in the direction of limiting family based immigration, as well as refugee-based immigration and favoring immigrants with high skills. Fewer people will qualify for visas and green cards, and fewer green cards will be https://www.shautsova.com/law-publications/work-authorization-social-security-number-issued-together.html https://www.shautsova.com/law-publications/work-authorization-social-security-number-issued-together.html Author: Green Card lawyer Alena Shautsova USCIS has recently changed its I 765 work authorization application. Now, certain applicants who have never had a social security number in the US, will be able to obtain it simultaneously with the work authorization. An EAD or employment authorization card allows certain applicants to start legally worki https://www.shautsova.com/law-publications/self-sponsorship-us-green-card.html https://www.shautsova.com/law-publications/self-sponsorship-us-green-card.html Author: Green Card lawyer Alena Shautsova Many are aware that in order to get a green card or permanent resident status in the US, one has to have a family member or a job to sponsor him/her. But there are situations when a person can actually sponsor him/herself, without the need of an “outside” sponsorship. Here, I will list the most common situ https://www.shautsova.com/law-publications/special-immigrant-juvenile-status-citizenship-kids.html https://www.shautsova.com/law-publications/special-immigrant-juvenile-status-citizenship-kids.html Author: New York Immigration lawyer Alena Shautsova With DACA being abrogated, and uncertain Immigration future, many are looking for a way out of the “illegal Immigration” trap. One solution that is suitable for young children (under 21 years old) is Special Immigrant Juvenile Status. Of course, a person has to meet certain requirements before he https://www.shautsova.com/law-publications/3060-day-rule-eliminated-fam-provisions-misrepresentation.html https://www.shautsova.com/law-publications/3060-day-rule-eliminated-fam-provisions-misrepresentation.html Author: New York Immigration Lawyer Alena Shautsova The US government is tightening the way they handle various Immigration issues, and one big change came this September, 2017: the FAM regulation was changed to eliminate the famous 30/60/90 rule. FAM stands for “foreign affairs manual.” It is a code that all consular officers have to follow when https://www.shautsova.com/law-publications/nypl-22031-not-aggravated-felony-.html https://www.shautsova.com/law-publications/nypl-22031-not-aggravated-felony-.html Author: Criminal Immigration Attorney Alena Shautsova An aggravated felony is a term of art that caused many to be deported and forever barred to come back to the United States. It first was used by the Congress in 1988, and from that time on, the Immigration law in the United States was changed forever. One can see which crimes are included on th https://www.shautsova.com/law-publications/daca-elimination-bring-immigration-reform.html https://www.shautsova.com/law-publications/daca-elimination-bring-immigration-reform.html Author: New York Immigration Lawyer Alena Shautsova On September 5, 2017, President Trump announced the elimination of the DACA program that was established via an executive action by President Obama. The DACA program conveyed a semi-legal status to hundreds of thousands of children who were brought into the US illegally. The program was designed https://www.shautsova.com/law-publications/trump-ends-daca.html https://www.shautsova.com/law-publications/trump-ends-daca.html Author: New York immigration Lawyer Alena Shautsova On September 5, 2017, President Trump announced that DACA program will be ended unless Congress passes a permanent solution. DACA program allowed thousands of undocumented children who were brought into the United States without their consent to be protected from deportation. It also provided an https://www.shautsova.com/law-publications/asylum-win-asylum-family-targeted-by-gangs.html https://www.shautsova.com/law-publications/asylum-win-asylum-family-targeted-by-gangs.html Author: Asylum lawyer Alena Shautsova I have written in the past about the various developments in the area of asylum law as it relates to the claims of persecution based on family as a social group. I would say that now, there are two definite trends how those claims are addressed by the courts and Immigration Judges. Based on numerous denials of https://www.shautsova.com/law-publications/asylum-family-social-group.html https://www.shautsova.com/law-publications/asylum-family-social-group.html US Asylum Lawyer Alena Shautsova Claiming asylum based on persecution as a member of a particular family became more and more widespread in recent years. While the courts, attorneys and applicants keep struggling with the concept, here are some points that one may learn from the recent cases and how the higher, Federal courts consider such claims. https://www.shautsova.com/law-publications/raise-a-new-immigration-plan-us.html https://www.shautsova.com/law-publications/raise-a-new-immigration-plan-us.html Author: New York Immigration Attorney Alena Shautsova The Reforming American Immigration for a Strong Economy (RAISE) Act was introduced on or about August 2, 2017 and is supported by the President Trump. The essence of this legislation is to limit the number of new immigrants by changing the way the prospects are screened. The Act imposes new r https://www.shautsova.com/law-publications/implementation-trump-travel-ban-us-supreme-court-decision.html https://www.shautsova.com/law-publications/implementation-trump-travel-ban-us-supreme-court-decision.html Author: US Immigration attorney ALENA SHAUTSOVA On June 29, 2017 US Supreme Court partially allowed Trump’s Travel Ban to go into effect. The Court stated that the travel ban should not be implemented against those who can establish existing bona fide relationship with a US company or person. The ban affected nationals of six, predominantly Muslim https://www.shautsova.com/law-publications/mavni-program-may-be-canceled.html https://www.shautsova.com/law-publications/mavni-program-may-be-canceled.html Author: Green Card attorney Alena Shautsova MAVNI or Military Accessions in the National Interest program allows non-immigrants to join US Military forces and obtain citizenship via expedited way. It was first authorized by President Obama in 2009. On July 3, 2017 National Public Radio reported that Pentagon has plans to eliminate MAVNI progra https://www.shautsova.com/law-publications/eb1-extraordinary-ability-self-petition-green-card.html https://www.shautsova.com/law-publications/eb1-extraordinary-ability-self-petition-green-card.html Author: US Green Card lawyer Alena Shautsova Many are aware that to immigrate to the USA or to stay in the USA, one needs to be sponsored by a US citizen spouse or a 21 years- old US citizen child, or an employer. There is also an investment option that requires substantial capital to be put into the US economy. However, it is possible to sponsor https://www.shautsova.com/law-publications/provisional-i601a-waiver-available-deported-as-well.html https://www.shautsova.com/law-publications/provisional-i601a-waiver-available-deported-as-well.html Author: Immigration waivers attorney Alena Shautsova A provisional waiver is a tool that helps those who entered the country illegally or without inspection but now can be sponsored by their US citizen or permanent resident spouse, parent, child, DV lottery or job. This person must also demonstrate extreme hardship to a US citizen or green card ho https://www.shautsova.com/law-publications/immigration-choosing-right-path.html https://www.shautsova.com/law-publications/immigration-choosing-right-path.html Author: New York Immigration Lawyer Alena Shautsova Imagine, one’s immigration application was denied. What should he/she do: file a motion to reopen, an appeal or simply re-file the case? What if one came into the country illegally, but now has adult U.S. citizen children: shall she file for a visa overseas with a waiver, or can she still file https://www.shautsova.com/law-publications/green-card-more-than-proof-status.html https://www.shautsova.com/law-publications/green-card-more-than-proof-status.html Author: Green Card Attorney Alena Shautsova Many consider a green card to be just a document that proves one’s status. People treat it as a passport, keep it away from those who can put a wrong spell on it… But little do they know that they must have that green card with them at all times. The law states the following: Every alien, eighteen year https://www.shautsova.com/law-publications/certificate-citizenship-naturalization.html https://www.shautsova.com/law-publications/certificate-citizenship-naturalization.html Author: U.S. Citizenship Attorney Alena Shautsova Certificate of Naturalization is a goal of many who is seeking to immigrate to the United States. It is a document that proves that one was granted a US citizenship, took an oath of allegiance, and now is a citizen of the United States. Unlike, however, in the case of US born citizens, a person w https://www.shautsova.com/law-publications/cancellation-removal-good-moral-character.html https://www.shautsova.com/law-publications/cancellation-removal-good-moral-character.html Author: Deportation attorney Alena Shautsova Cancellation of removal is an application for green card before an Immigration judge that can be filed by either a permanent resident or an “undocumented” person, a person with no status at all, in certain situations. The way this process works is that first a person has to demonstrate that he/she stat https://www.shautsova.com/law-publications/immigration-questions-answered.html https://www.shautsova.com/law-publications/immigration-questions-answered.html Author: Immigration Attorney Alena Shautsova Have you tried filling out immigration forms by yourself? Have you ever wondered if some of the questions you saw on those forms were prepared by LSAT or GRE examiners? Sometimes, you read a question, and it feels you need to utilize your entire brain power to understand its meaning, and you only wish y https://www.shautsova.com/law-publications/us-citizenship-without-english-language.html https://www.shautsova.com/law-publications/us-citizenship-without-english-language.html Author: Citizenship Attorney Alena Shautsova One of the qualifications for naturalization or citizenship in the United States is applicant’s ability to write, read and understand English. There are waivers of the English test for those who reached a certain age (50, 55 or 60) and have resided in the United States as permanent residents for certain https://www.shautsova.com/law-publications/understanding-immigration-waivers.html https://www.shautsova.com/law-publications/understanding-immigration-waivers.html Author: New York Immigration lawyer Alena Shautsova An Immigration waiver is a “pardon” for a specific immigration violation. For example, when a person is applying for a US visa or a green card, an Immigration (or consular) officer has to determine if the person violated the US or other laws and is inadmissible. The same process occurs if a green https://www.shautsova.com/law-publications/asylum-cases-fear-objective-subjective.html https://www.shautsova.com/law-publications/asylum-cases-fear-objective-subjective.html Author: US Asylum Lawyer Alena Shautsova To win one’s asylum case in the United States, a person has to prove past persecution or reasonable fear of future persecution on account of a protected ground. Fear is only fear unless and until it martializes in specific harm. Why some “fear” will get you an asylum in the United States and a green card, a https://www.shautsova.com/law-publications/president-trump-h1b-executive-order.html https://www.shautsova.com/law-publications/president-trump-h1b-executive-order.html Author: New York Employment lawyer Alena Shautsova On April 18,l 2017 President Trump issued yet another Immigration Executive Order, this time concerning work immigration visas, and particular H1B program. An H1B employment visa allows professionals with relevant experience and/or high education to come and work in the United States. A US emplo https://www.shautsova.com/law-publications/what-to-do-ice-visits-home-work.html https://www.shautsova.com/law-publications/what-to-do-ice-visits-home-work.html Author: Deportation Lawyer Alena Shautsova With the Trump administration planning to deport millions of people, it is good to get prepared for an encounter with ICE officers. Many people wonder how ICE officers decide who to visit and who to check. The specific information ICE officers are using when planning their raids, generally speaking, ICE https://www.shautsova.com/law-publications/solutions-haiti-tps-holders.html https://www.shautsova.com/law-publications/solutions-haiti-tps-holders.html Author: Immigration Lawyer Alena Shautsova On July 22, 2017 TPS for Haiti nationals is set to expire. It means that those who are holding TPS status will be deprived of its benefits and will face immigration challenges as if they were “undocumented.” They will no longer qualify for an advance parole or an employment authorization, or protection fr https://www.shautsova.com/law-publications/new-york-city-sanctuary-status.html https://www.shautsova.com/law-publications/new-york-city-sanctuary-status.html Author: New York Immigration lawyer Alena Shautsova The Trump administration said on March 27, 2017, it would withhold federal criminal-justice grants from cities, counties and states that don’t fully cooperate with federal immigration authorities, a first strike in the new administration’s battle against so-called sanctuary cities. Attorney Gener https://www.shautsova.com/law-publications/immigration-issues-trump-era.html https://www.shautsova.com/law-publications/immigration-issues-trump-era.html Author: New York Immigration lawyer Alena Shautsova With the change of administration, USCIS and ICE also changed their priority and focus when considering immigration submissions. This article will focus on possible issues that those applying for various immigration benefits should be aware of. Criminal Convictions I would list criminal arrest https://www.shautsova.com/law-publications/advance-parole-explained.html https://www.shautsova.com/law-publications/advance-parole-explained.html Author: Green Card Attorney Alena Shautsova An advance parole is a permission to enter the United States after a brief travel abroad while holding certain status or applying for an adjustment of status. If a person files an adjustment of status application and then travels outside the US without advance parole, the person’s application is consider https://www.shautsova.com/law-publications/adjustment-status-arriving-aliens.html https://www.shautsova.com/law-publications/adjustment-status-arriving-aliens.html Author: New York Immigration Lawyer Alena Shautsova Adjustment of status is an immigration process during which a person receives permanent residency in the United States without having to leave the country. It is often used for those who came to the US on various visas and later got married to US citizens or found an employer who sponsored them f https://www.shautsova.com/law-publications/visa-cancelled-trump-executive-orders-what-to-do.html https://www.shautsova.com/law-publications/visa-cancelled-trump-executive-orders-what-to-do.html Author: USA Visa Attorney Alena Shautsova On January 27, 2017 President Trump signed an Immigration Executive Order banning people from seven countries (Iran, Iraq, Sudan, Somalia, Libya, Syria and Yemen) from coming to the United States even if they had already possessed valid visas. Following the order, consulates around the world stopped proce https://www.shautsova.com/law-publications/credible-reasonable-fear-proceedings-revised.html https://www.shautsova.com/law-publications/credible-reasonable-fear-proceedings-revised.html Author: USA Asylum lawyer Alena Shautsova Following the orders by Department of Homeland Security (the “DHS”), USCIS has revised its training materials on Credible and Reasonable fear assessments. It happened because the new administration is trying to streamline the expedited removal process for those who are surrendering themselves at the border https://www.shautsova.com/law-publications/new-trump-administration-immigration-orders.html https://www.shautsova.com/law-publications/new-trump-administration-immigration-orders.html Author: Alena Shautsova Leaked memorandum signed by DHS Secretary John Kelly, dated February 17, 2017, implementing President Trump's Executive Order on Interior Enforcement that was signed on January 25, 2017, with guidance applicable to the activities of ICE, CBP, and USCIS. See here Leaked memorandum signed by DHS Secretary John Kelly, dated F https://www.shautsova.com/law-publications/immigration-history-but-do-not-have-your-file.html https://www.shautsova.com/law-publications/immigration-history-but-do-not-have-your-file.html Author: New York Immigration Lawyer Alena Shautsova It is time for you to try to fix your Immigration status; you finally married a US citizen, or a petition filed by your relative became current, or your employer decided to help you... Now, you remember that a long time ago you had some Immigration problems, but you do not have any copies, and yo https://www.shautsova.com/law-publications/immigrant-workers-high-skilled-nonimmigrant-workers.html https://www.shautsova.com/law-publications/immigrant-workers-high-skilled-nonimmigrant-workers.html Author: Work Visa attorney Alena Shautsova On January 17, 2017, a new regulation establishing validity of work authorizations for beneficiaries of certain work visa and employment based petitions became effective. All relevant EAD applications that were pending on January 17, 2017 and those filed on or after January 17, 2017 now will be subject to https://www.shautsova.com/law-publications/trump-immigration-orders-updates-implementation.html https://www.shautsova.com/law-publications/trump-immigration-orders-updates-implementation.html Author: New York Immigration lawyer Alena Shautsova In the end of January, new President Trump signed several executive orders regarding immigration issues and implementation of the U.S. Immigration laws. While many provisions of the orders are being challenged in Federal courts, I would like to provide updates on where we stand at this moment reg https://www.shautsova.com/law-publications/trump-immigration-orders.html https://www.shautsova.com/law-publications/trump-immigration-orders.html Author: New York Immigration lawyer Alena Shautsova Just a week passed since Mr. Trump became the United States 45th President, and he has already signed three Executive orders affecting Immigration. The first two orders were signed on January 25, 2017. These orders: confirmed Trump’s plan to build a physical wall on the border with Mexico; chan https://www.shautsova.com/law-publications/i-751-removal-conditions-after-divorce.html https://www.shautsova.com/law-publications/i-751-removal-conditions-after-divorce.html Author: Green Card Lawyer Alena Shautsova The removal of one’s conditions on one’s permanent resident status is difficult to accomplish for married couples who have a true bona fide marriage. Without professional help or guidance of an attorney it can be cumbersome for couples who are camera shy, haven’t consolidated their bank accounts into join https://www.shautsova.com/law-publications/green-card-parents-benefits-available.html https://www.shautsova.com/law-publications/green-card-parents-benefits-available.html Author: Green Card attorney Alena Shautsova Many United States citizens would like to sponsor their relatives into the United States. The fastest tracks for family members are available for parents and spouses of the United States citizens, as well as children (including step-children) but only if the petitions for children are filed before their https://www.shautsova.com/law-publications/asylum-pending-status-explained.html https://www.shautsova.com/law-publications/asylum-pending-status-explained.html Author: Asylum attorney Alena Shautsova An applicant for asylum often lists his/her status as "asylum pending", and often, people who have applied for asylum in the United States have some misconceptions as to what this “asylum pending” status entails. One of the most common misconception is that a person who came to the United States in some leg https://www.shautsova.com/law-publications/asylum-address-impact-result-case.html https://www.shautsova.com/law-publications/asylum-address-impact-result-case.html Author: Asylum attorney Alena Shautsova Asylum process in the United States may be classified into two big groups: an affirmative asylum process and a defensive asylum process. The first one is happening when an applicant filed for asylum without being in removal/deportation proceedings. In this case, it is USCIS Asylum office that would have jur https://www.shautsova.com/law-publications/vawa-work-authorization.html https://www.shautsova.com/law-publications/vawa-work-authorization.html Author: VAWA attorney Alena Shautsova VAWA or Violence Against Woman Act was adopted to help and protect victims of violence and covers not only women, but also battered and abused men, parents and children. There are various groups eligible for VAWA benefits, but this article will focus on one important aspect of the VAWA process: an employment a https://www.shautsova.com/law-publications/immigration-hearing-right.html https://www.shautsova.com/law-publications/immigration-hearing-right.html Author: Immigration attorney Alena Shautsova A right to an immigration hearing comes to play when DHS tries to remove an individual who is suspected of Immigration laws violations. I have met many who did not go to court for their Immigration hearings because of fear of being deported. These people perceived a hearing as a punishment, as a tool th https://www.shautsova.com/law-publications/trump-and-new-immigration-policy.html https://www.shautsova.com/law-publications/trump-and-new-immigration-policy.html Author: New York Immigration attorney Alena Shautsova After the results of the Presidential election, immigrants in the United States are anxiously waiting for the announcement of President Trump’s Immigration plans. It is true even for those who became U.S. citizens through naturalization: I received several calls from people asking if “Trump can https://www.shautsova.com/law-publications/non-military-parole-in-place.html https://www.shautsova.com/law-publications/non-military-parole-in-place.html Author: Green Card Attorney Alena Shautsova Parole in Place for Immigration purposes was a “gift” expanded in 2013 for those who have entered without inspection and had military family members. Many individuals were able to adjust their status legally without having to leave the country or go through a complex waiver process. The expansion of th https://www.shautsova.com/law-publications/eb-1a-visa-extraordinary-ability-how-to.html https://www.shautsova.com/law-publications/eb-1a-visa-extraordinary-ability-how-to.html Author: EB1 USA Attorney Alena Shautsova US EB1 self-petition is an option for some people who would like to move and live in the United States. As a rule, if a person would like to receive a green card or permanent residence in the US, he or she has to be sponsored by an employer or a family member. But at times, a person can file for himself o https://www.shautsova.com/law-publications/j1-home-residency-requirement-waiver.html https://www.shautsova.com/law-publications/j1-home-residency-requirement-waiver.html Author: New York Immigration Lawyer Alena Shautsova A J1 visa is one of the most common visa types which is used for a variety of purposes: see J1 visa options. Some of the J1 visas come with a undesirable “home residency requirement” which means that a person, upon completion of the J1 program would have to return back to their country of nationa https://www.shautsova.com/law-publications/extreme-hardship-immigration-purposes-usa.html https://www.shautsova.com/law-publications/extreme-hardship-immigration-purposes-usa.html Author: New York Immigration lawyer Alena Shautsova “Extreme hardship” is a standard that an applicant for an immigration waiver has to meet in order for his/her immigration waiver application to be approved. One would need a waiver of he/she is inadmissible (cannot receive a visa or green card) due to various violations of Immigration laws: unlaw https://www.shautsova.com/law-publications/trump-vs-hillary-immigration-policies-future.html https://www.shautsova.com/law-publications/trump-vs-hillary-immigration-policies-future.html Author: Immigration Attorney Alena Shautsova To begin with, I must state that I write this article not with the purpose to advocate for any of the candidates but to address various scenarios that a new President may bring to us after the election. Ms. Hillary Clinton is running for a President on behalf of the Democratic party. Traditionally, her https://www.shautsova.com/law-publications/common-rfes-adjustment-status-marriage-cases.html https://www.shautsova.com/law-publications/common-rfes-adjustment-status-marriage-cases.html Author: Marriage Immigration attorney Alena Shautsova An RFE or request for more evidence is a document issued on a yellow or pink paper that many applicants for adjustment of status meet with a great distress. First, I should state here that if you receive an RFE, do not panic. Look at it as an opportunity to supplement the record and present cla https://www.shautsova.com/law-publications/gender-based-asylum-claims.html https://www.shautsova.com/law-publications/gender-based-asylum-claims.html Author: USA Asylum lawyer Alena Shautsova Immigration laws allow an individual to claim asylum based on political opinion, religion, nationality, membership in a particular social group, and/or race. At a first glance, the law does not provide a special protection to individuals who claim persecution based on gender. In other words, it is not poss https://www.shautsova.com/law-publications/parole-u-visa-petitioners-dependents.html https://www.shautsova.com/law-publications/parole-u-visa-petitioners-dependents.html Author: USA visa Attorney Alena Shautsova A U visa is issued to qualified victims of criminal activities that have been helpful to the authorities in investigation and prosecution of the offenders. While many are familiar with an application for a U status from within the United States, a person who is outside of the United States may apply, if q https://www.shautsova.com/law-publications/citizenship-eligibility-spouse.html https://www.shautsova.com/law-publications/citizenship-eligibility-spouse.html Author: Alena Shautsova A person who received a permanent resident status in the US based on marriage to a US citizen, may apply for naturalization or US citizenship if he/she has been 2 years and 9 months in permanent resident status (provided all other conditions are met). To compare, the “regular” route would take 5 years (4 years and 9 mont https://www.shautsova.com/law-publications/asylum-denial-after-interview-common-reasons.html https://www.shautsova.com/law-publications/asylum-denial-after-interview-common-reasons.html Author: USA Asylum Lawyer Alena Shautsova In the United States, a person who is applying for asylum affirmatively (or when a person is not in the Immigration court proceedings) will have to appear for an interview with an Asylum officer. An applicant may wait for several years before he/she is called for an interview, may forget important detail https://www.shautsova.com/law-publications/faq-new-i-601a-provisional-waiver.html https://www.shautsova.com/law-publications/faq-new-i-601a-provisional-waiver.html Author: Alena Shautsova On July 29, 2016 USCIS Announced changes to go into effect on August 29th 2016 regarding much needed changes to the I-601A Provisional Waiver. For a quick synopsis the waiver initially was meant to overcome issues of inadmissibility one might face if they did not enter the country legally. Simply put, when a person is eligi https://www.shautsova.com/law-publications/firm-resettlement-bar-asylum-united-states.html https://www.shautsova.com/law-publications/firm-resettlement-bar-asylum-united-states.html Author: USA Asylum Lawyer Alena Shautsova To qualify for asylum in the Untied States, a person must demonstrate the likelihood of persecution on account of a protected ground or past persecution, and “lack” of certain attributes that would bar a person from receiving asylum in the United States. To wit: a person cannot be convicted of a particular https://www.shautsova.com/law-publications/proving-admission-without-i-94-card.html https://www.shautsova.com/law-publications/proving-admission-without-i-94-card.html Author: Green Card Attorney Alena Shautsova A person in the United States who is applying for permanent residence, has to prove that he/she was inspected and admitted before his/her application for adjustment of status is granted. Often, the problem arises when a person was brought into the country by his/her parents or entered the US using frau https://www.shautsova.com/law-publications/aba-annual-meeting-san-francisco-miranda-warning.html https://www.shautsova.com/law-publications/aba-annual-meeting-san-francisco-miranda-warning.html Author: Alena Shautsova The ABA or American Bar Association is one of the largest professional organizations in the world. Twice a year we meet to discuss and adopt various policies that affect Federal and local laws and regulations. Lawyers from all over the country bring their clients’ issues and advocate on their behalf, fighting for justice. https://www.shautsova.com/law-publications/-i-601a-provisional-waiver-new-changes.html https://www.shautsova.com/law-publications/-i-601a-provisional-waiver-new-changes.html Author: Immigration Hardship Waiver Attorney Alena Shautsova An I-601A provisional waiver is a "tool" that allows its beneficiary to ask for the waiver of unlawful presence and wait for the result of the application without leaving the United States. It was implemented in 2013 and until recently was available to only immediate relatives of the Uni https://www.shautsova.com/law-publications/expedited-removal-order.html https://www.shautsova.com/law-publications/expedited-removal-order.html Author: US Immigration Attorney Alena Shautsova What is an Expedited Removal Order? How is it different from a regular removal order? An Expedited removal order opposed to a regular removal order is issued at the border by the CBP agents if a person is found inadmissible due to fraud, misrepresentation, false claims to US citizenship or, the most https://www.shautsova.com/law-publications/picked-up-ice.html https://www.shautsova.com/law-publications/picked-up-ice.html Author: Deportation attorney Alena Shautsova Have you ever wondered how your friend or a friend of a friend all over sudden got picked up by Immigration? Often, it happens when an individual gets in trouble with the police. Criminal chargers, or even a traffic ticket may trigger checkups that would lead to removal proceedings being started. Most o https://www.shautsova.com/law-publications/change-employer-i-140-pending.html https://www.shautsova.com/law-publications/change-employer-i-140-pending.html Author: New York Employment Immigration attorney Alena Shautsova Can I change my employer while the process for permanent residency or a green card is not finalized? The short answer is yes, but it depends on certain circumstances. An employment based immigration may take years, and even decades. The wait time is determined by the classification https://www.shautsova.com/law-publications/self-sponsoring-green-card-victims-domestic-violence.html https://www.shautsova.com/law-publications/self-sponsoring-green-card-victims-domestic-violence.html Author: VAWA attorney Alena Shautsova I write this blog to help those abused women (men as well, but in my practice the majority of people who turn over for help are females for some reason) who cannot afford an attorney, and are planning to self-sponsor themselves and their children for a permanent residency in the United States. While I have oth https://www.shautsova.com/law-publications/deadlock-daca-dapa-immigration-solutions.html https://www.shautsova.com/law-publications/deadlock-daca-dapa-immigration-solutions.html Author: Immigration attorney Alena Shautsova On June 23, 2016 the US Supreme Court issued a short statement regarding the hottest Immigration battle “The judgment is affirmed by an equally divided Court.” It meant that millions waiting for DAPA and DACA+ will have to continue to wait. But let’s talk about what those initiatives, if allowed to https://www.shautsova.com/law-publications/asylum-process-common-mistakes.html https://www.shautsova.com/law-publications/asylum-process-common-mistakes.html Author: USA Asylum attorney Alena Shautsova Whether filing a Pro Se Asylum application or filing an Asylum application with an attorney common mistakes still occur on a daily basis that can be easily avoided. While this article will go over the most common mistakes, you should always consult with an attorney before submitting any documents. Eve https://www.shautsova.com/law-publications/effects-guilty-plea-without-immigration-advice.html https://www.shautsova.com/law-publications/effects-guilty-plea-without-immigration-advice.html Author: Criminal Immigration lawyer Alena Shautsova Getting into trouble whether it was your fault or not is always a daunting process once an individual has been arrested and scheduled for an arraignment. It is increasingly overwhelming when an individual is an immigrant with a permanent resident status. Most individuals will do the right thing a https://www.shautsova.com/law-publications/immigration-options-fashion-models.html https://www.shautsova.com/law-publications/immigration-options-fashion-models.html Author: New York Immigration Lawyer Alena Shautsova The Immigration laws of the United States do not provide for special work visas for fashion models. It means that workers in this category have to compete for limited employment visa slots with all others seeking employment in the US. With visa categories named from A to Z, and no clear legal https://www.shautsova.com/law-publications/l-1-h-1b-visas-differences-similarities.html https://www.shautsova.com/law-publications/l-1-h-1b-visas-differences-similarities.html Author: New York Employment Immigration Attorney Alena Shautsova There are limited employment visa options for those who would like to work in the US. Among the most popular ones are H1B, L1, O and P visas, as well as E and TN. Like an H-1B Visa holder, the L-1 visa holder may seek to procure lawful permanent resident status without fear of jeopa https://www.shautsova.com/law-publications/i-193-waiver-passport-visa.html https://www.shautsova.com/law-publications/i-193-waiver-passport-visa.html Author: Immigration Waiver Attorney Alena Shautsova Admission laws and regulations state that one who is coming to the United States must be in possession of valid entry documents, such as a passport or a travel document, a visa or lawful permanent resident card, parole, etc. An airline would not board a passenger whose documents are expired…most https://www.shautsova.com/law-publications/notice-appear-cort-issued.html https://www.shautsova.com/law-publications/notice-appear-cort-issued.html Author: New York Deportation Attorney Alena Shautsova You received a Notice to Appear issued by immigration authorities, do you need to do anything? The short answer is …Yes! Even if the allegations seem to be ridiculous, you still have to respond and appear in front of the judge. The consequences of not attendance of an Immigration court hearin https://www.shautsova.com/law-publications/permanent-resident-re-entry-permit-when-apply.html https://www.shautsova.com/law-publications/permanent-resident-re-entry-permit-when-apply.html Author: Green Card attorney Alena Shautsova Under normal circumstances, most Lawful Permanent residents are able to travel outside of the US and return without any problems. There are very few circumstances when a Re-entry permit will be required for a LPR (lawful Permanent Resident). First, one should apply for Re-entry permit if his trip abroad https://www.shautsova.com/law-publications/tn-work-visa-canadian-mexican-citizens.html https://www.shautsova.com/law-publications/tn-work-visa-canadian-mexican-citizens.html Author: New York Employment Immigration attorney Alena Shautsova A TN visa is a work visa available for citizens of Canada and/or Mexico. The visa is much easier to receive than other work visas and in fact, may be applied for at the border. The traditional, in-conuslate application can be submitted as well, and sometimes is preferred. The proces https://www.shautsova.com/law-publications/immigration-benefits-military-personnel.html https://www.shautsova.com/law-publications/immigration-benefits-military-personnel.html Author: New York Immigration Lawyer Alena Shautsova Generally speaking, it is not easy to qualify for immigration benefits in the United States. To promote family unity and, perhaps, to thank those who put their lives in danger for the safety of all of us, the government provides certain exceptions and benefits to current and former military membe https://www.shautsova.com/law-publications/domestic-violence-convictions-immigration-purposes.html https://www.shautsova.com/law-publications/domestic-violence-convictions-immigration-purposes.html Author: New York Deportation attorney Alena Shautsova Domestic violence chargers are probably the most common ones. They can originate from both Family or Criminal courts. For example, in New York, a person may obtain an order of protection from a Family or from a Criminal court. If a family member is found in violation of an order of protection f https://www.shautsova.com/law-publications/non-immigrant-waiver.html https://www.shautsova.com/law-publications/non-immigrant-waiver.html Author: New York Immigration attorney Alena Shautsova Immigrant waivers such as I 601 or I 601A waive grounds of inadmissibility for those who seek adjustment of status or an Immigrant visa. They are difficult to obtain, as usually, an applicant must demonstrate extreme hardship to a qualifying relative. There is however a waiver for those who do https://www.shautsova.com/law-publications/choices-abused-spouses.html https://www.shautsova.com/law-publications/choices-abused-spouses.html Author: Green Card Attorney Alena Shautsova When somebody enters into a marriage, they usually hope that the union would last forever and spouses would respect each another, and they would live happily –ever- after... Some marriages last for a long time, some forever, and some for days or hours. United States Immigration laws require that a non-c https://www.shautsova.com/law-publications/denaturalization-us-government-take-citizenship-back.html https://www.shautsova.com/law-publications/denaturalization-us-government-take-citizenship-back.html Author: US Citizenship Attorney Alena Shautsova The scariest nightmare for any former Immigrant: to be placed in proceedings where the US government is seeking to take back the granted citizenship. The good news here (yes, there is good news everywhere!): you would have rights and an opportunity to defend yourself in Court! Denaturalization must https://www.shautsova.com/law-publications/citizenship-and-arrest.html https://www.shautsova.com/law-publications/citizenship-and-arrest.html Author: Citizenship attorney Alena Shautsova Citizenship is, perhaps, the ultimate goal of any Immigrant. Generally, to qualify for citizenship through naturalization, a person has to hold a permanent resident status for 3 (if the permanent residency was based on marriage to a US citizen), or 5 years. An applicant should use form N400 and submit https://www.shautsova.com/law-publications/uscis-helps-earthquakes-ecuador-burma-japan.html https://www.shautsova.com/law-publications/uscis-helps-earthquakes-ecuador-burma-japan.html Author: New York Immigration lawyer Alena Shautsova Recent earthquakes and natural disasters affected thousands of nationals of Ecuador, Japan and Burma. While these regions have not been designated for Temporary Protected Status, USCIS promised to help nationals of these countries. What does that mean? It means that first, a national or a citiz https://www.shautsova.com/law-publications/filing-i-130-abroad-military-petitioner.html https://www.shautsova.com/law-publications/filing-i-130-abroad-military-petitioner.html Author: Green Card Lawyer Alena Shautsova An I-130 form is a U.S. Immigration document that needs to be filed in order for a U.S. citizen or a permanent resident to sponsor a family member. This form is necessary for a husband to sponsor wife, for a brother to sponsor a brother and for a parent to sponsor a child. Usually, the form has to be f https://www.shautsova.com/law-publications/children-dependents-immigration-purposes.html https://www.shautsova.com/law-publications/children-dependents-immigration-purposes.html Author: New York Immigration Lawyer Alena Shautsova Earlier, I wrote a blog about who qualifies as a child for Immigration purposes. Here, I would like to discuss some situations when it is important not only to originally qualify as a child, but to retain such a qualification at the time of the adjudication of certain applications. When it come https://www.shautsova.com/law-publications/eb-4-cap-reached-elsalvador-handuras-guatemala.html https://www.shautsova.com/law-publications/eb-4-cap-reached-elsalvador-handuras-guatemala.html Author: Green Card attorney Alena Shautsova USCIS reached its EB-4 Visa limit for Special Immigrants from the countries of El Salvador, Honduras and Guatemala. Essentially the cap has been backdated for applicants who have filed on or after January 1, 2010. Those who have filed after this date must wait for new visas to become available. The Fisca https://www.shautsova.com/law-publications/marriage-green-card-how-to-file.html https://www.shautsova.com/law-publications/marriage-green-card-how-to-file.html Author: Marriage Immigration Attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps immigrants to apply for the marriage-based immigration benefits in the United States. One of the most common types of Immigration cases every practitioner encounters is an application for an immigration status based on marriage. These applicati https://www.shautsova.com/law-publications/parole-in-place-why-use-where-submit.html https://www.shautsova.com/law-publications/parole-in-place-why-use-where-submit.html Author: New York Immigration lawyer Alena Shautsova Parole in place is a discretionary action by the U.S. government that allows an individual who is in the United States without being properly inspected and admitted to be “admitted” into the country without leaving it. Parole in place can be applied for by members of the military families, as we https://www.shautsova.com/law-publications/h1b-lottery-play-or-not.html https://www.shautsova.com/law-publications/h1b-lottery-play-or-not.html Author: Work visas lawyer Alena Shautsova On April 7, 2016 USCIS announced that the cap for H1B petitions for the next fiscal year has been reached. It means that no new petitions subject to cap would be accepted. USCIS also announced that it received more petitions that the allocated quota and all received petitions subject to cap will be partici https://www.shautsova.com/law-publications/asylum-denied-after-interview-what-happens.html https://www.shautsova.com/law-publications/asylum-denied-after-interview-what-happens.html Author: Asylum lawyer Alena Shautsova Under the Immigration laws, an asylum applicant has to first submit his/her application for asylum with the administrative body or Asylum office of USCIS. The form i-589 and supporting documents are being sent to the address specified in the instructions to the form, and then an applicant has to wait for an in https://www.shautsova.com/law-publications/change-status-adjustment-status.html https://www.shautsova.com/law-publications/change-status-adjustment-status.html Author: New York Immigration attorney Alena Shautsova Change of status occurs one an individual who already is in the United States in a lawful status wishes to change it to a different non-immigrant status. A person is admitted into the U.S. according to the intentions he/she has and depending on activities he/she will be engaging in the U.S. Fo https://www.shautsova.com/law-publications/marriage-fraud-fighting-allegations.html https://www.shautsova.com/law-publications/marriage-fraud-fighting-allegations.html Author: Green Card Lawyer Alena Shautsova A government’s allegation that a person committed marriage fraud for the purposes of avoiding Immigration laws in the United States, permanently bars the non-citizen from any and all Immigration benefits in the United States. Consider a case, where a non-citizen first tries to obtain a green card through f https://www.shautsova.com/law-publications/esta-travel-changes.html https://www.shautsova.com/law-publications/esta-travel-changes.html Author: US visa attorney Alena Shautsova Electronic System for Travel Authorization or ESTA allows citizens of certain countries to enter the United States without the need of a formal visa application. Recently, CBP updated its ESTA form to reflect changes to the Visa Waiver Program occurred in connection with the Terrorist Travel Prevention Act https://www.shautsova.com/law-publications/work-visas-240-rule-ead.html https://www.shautsova.com/law-publications/work-visas-240-rule-ead.html Author: New York visa attorney Alena Shautsova One is authorized to work in the United States if his status permits him to do so (for example, an Asylee does not need a work authorization to accept employment or to be self-employed), or if he has an approved I-765 application (for example, L2 visa/status holders). A person whose status is pending https://www.shautsova.com/law-publications/us-immigration-physicals.html https://www.shautsova.com/law-publications/us-immigration-physicals.html Just like any other location in the United States, immigration physicals in New York City are conducted by Civil Surgeons designated by the USCIS. These trained physicians must follow the guidelines set by the US government to confirm if a would-be immigrant is medically fit to reside in the country. A lot of applicants are curious as to what to ex https://www.shautsova.com/law-publications/u-visa-certification-in-nyc.html https://www.shautsova.com/law-publications/u-visa-certification-in-nyc.html Author: New York Immigration lawyer Alena Shautsova A U visa is a non-immigrant status that can be bestowed on a victim of crime who cooperates with the law enforcement in its investigation. A U visa provides a path for the permanent residency, and an authorization to work in the United States. One does not need to be in a legal status to apply fo https://www.shautsova.com/law-publications/changes-visa-waiver-program.html https://www.shautsova.com/law-publications/changes-visa-waiver-program.html Author: New York Immigration Attorney Alena Shautsova Usually, to come to one country from another, a person would have to obtain a visa, or permission. Citizens of the United States may travel without visas to many countries, but for some countries they do need to obtain visas. Non-U.S. citizens usually have to apply for a visa before coming to t https://www.shautsova.com/law-publications/extending-h1b-status-after-6-year-cap.html https://www.shautsova.com/law-publications/extending-h1b-status-after-6-year-cap.html Employment Immigration Attorney Alena Shautsova An H1B worker may stay and work in the U.S. for a total of 6 years only. It means, that upon conclusion of the 6 -year period, the H1B holder has to leave the U.S., and will not be able to qualify for another H1B visa, unless he/she spends 1 year abroad. However, recognizing the need of the U.S. emp https://www.shautsova.com/law-publications/religious-immigration-qualifications-requirements.html https://www.shautsova.com/law-publications/religious-immigration-qualifications-requirements.html Author: New York Immigration lawyer Alena Shautsova A worker in religious vocation may apply for an R-1 visa after a corresponding petition was filed and granted on his/her behalf. In addition, such a worker may adjust his/her status to one of a permanent resident using Special Immigrant Status Petition, I -360. Religious vocation as per USCIS is https://www.shautsova.com/law-publications/r-1-non-immigrant-visa-religious.html https://www.shautsova.com/law-publications/r-1-non-immigrant-visa-religious.html Author: New York Immigration lawyer Alena Shautsova Over time, a religious organization may encounter the need for a minister, religious worker in occupation, or religious worker in vocation who is currently stationed overseas. For religious organizations with an already established US bona fide non-profit organization the basic requirements for t https://www.shautsova.com/law-publications/p-performing-non-immigrant-visa-overview.html https://www.shautsova.com/law-publications/p-performing-non-immigrant-visa-overview.html New York Visa lawyer Alena Shautsova The P Non-immigrant visa category has four (4) separate classifications, P-1, P-2, P-3 and P-4. The main distinction between O and P visa is that the P visa is limited to a specific event whether it be a competition, sports season, tour, exhibition, a performance even. This limitation does not limit the indivi https://www.shautsova.com/law-publications/o-visa-petitions-waiver-expedited-processing-fee.html https://www.shautsova.com/law-publications/o-visa-petitions-waiver-expedited-processing-fee.html Author: New York Visa Attorney Alena Shautsova To receive an O visa, a US employer or agent has to submit a petition on behalf of the O visa / status beneficiary. Usually, USCIS considers such petitions within 4-6 months, and recently there were serious delays in adjudication of O petitions. O status / visa petitioners have an option to "expedi https://www.shautsova.com/law-publications/o-nonimmigrant-visa-artists-entertainers.html https://www.shautsova.com/law-publications/o-nonimmigrant-visa-artists-entertainers.html Author: Visa Lawyer Alena Shautsova The O visa classification was created for those who were not covered by the H1B work visa category and did not have to jump through hoops of Deportment of Labor. An O Visa can be a great alternative to other business and work visas. The benefits of the O visa process are absence of a “cap” (which is recently w https://www.shautsova.com/law-publications/i-9-compliance-employers.html https://www.shautsova.com/law-publications/i-9-compliance-employers.html Author: Alena Shautsova I-9 compliance is a necessity nowadays, and if you do not know what I-9 means you should at least read this article: I-9 Audit. Today’s article will be focused on internal audit that employers should conduct to avoid penalties for missed compliance. It is important to remember that employers cannot discriminate against empl https://www.shautsova.com/law-publications/widow-after-death-beneficiary.html https://www.shautsova.com/law-publications/widow-after-death-beneficiary.html Author: Green Card Attorney Alena Shautsova We all know that life happens, and sometimes it happens unpredictably. It may occur that one who started the immigration process for his/her family members passes away and the beneficiary is left in the middle of a crisis unsure about his/her immigration status. For situations like that, USCIS created s https://www.shautsova.com/law-publications/non-immigrant-work-visas-new-rule.html https://www.shautsova.com/law-publications/non-immigrant-work-visas-new-rule.html Author: Visa lawyer Alena Shautsova The New Year comes with new proposed changes in work visas regulations. I would like to emphasize that the rule published is a proposed rule. It means it is not the law yet, and we can only speculate what the final result would be. However, it is worth to highlight certain proposed changes just to see the direct https://www.shautsova.com/law-publications/o-p-us-work-visa-get.html https://www.shautsova.com/law-publications/o-p-us-work-visa-get.html Author: New York Immigration attorney Alena Shautsova The US government offers some non-immigrant visas for people with extraordinary ability in the science, arts, education, business or athletics, or in the motion picture and television field. Such visas known as O visas, if granted, are usually given first for three years, and then can be extend https://www.shautsova.com/law-publications/serious-crime-withholding-removal.html https://www.shautsova.com/law-publications/serious-crime-withholding-removal.html Author: New York Deportation Lawyer Alena Shautsova Withholding of removal often is the only form of relief for those who either missed their one year deadline to file an application for asylum, or those with previous immigration problems and in particular, previous removal. See 8 C.F.R. § 208.31(e) (describing “withholding-only” proceedings). T https://www.shautsova.com/law-publications/uscis-reminder-deadline-register-nepal-tps.html https://www.shautsova.com/law-publications/uscis-reminder-deadline-register-nepal-tps.html Author: New York Immigration Lawyer Alena Shautsova It is extremely important to remember that the deadline to register for Nepal TPS is approaching. All persons who qualify, regardless of their status (or absence of status) are encouraged to apply for the TPS. The TPS provides an opportunity to be protected from the removal and also allows its be https://www.shautsova.com/law-publications/sharing-good-news.html https://www.shautsova.com/law-publications/sharing-good-news.html Author: New York Immigration Lawyer Alena Shautsova This past month was very fruitful in terms of positive decisions by USCIS on our cases and we would like to share the good news. We had an I 601 waiver approved for one of our clients, along with Parole in Place for another one, and a PERM certification for a client who was waiting for it for a d https://www.shautsova.com/law-publications/k-1-visa-entrants-adjustment-options.html https://www.shautsova.com/law-publications/k-1-visa-entrants-adjustment-options.html Author: VAWA attorney Alena Shautsova A K-1 visa is issued to a fiance of the U.S. citizen who is willing and able to get married to the U.S. citizen within 90 days of arrival. If everything goes well, the couple gets married and later, they apply for adjustment of status for the non-citizen. The marriages by K-1 visa holder and a U.S. citizen are https://www.shautsova.com/law-publications/emergency-travel-adjustment-status-pending.html https://www.shautsova.com/law-publications/emergency-travel-adjustment-status-pending.html Author: Green Card Attorney Alena Shautsova It has always been the case that one who applied for a permanent resident status while in the U.S. cannot travel outside the U.S. without a special permission if he/she does not wish to forego his/her application. For a while it was also the case that one who gets this special permission, could not retur https://www.shautsova.com/law-publications/how-choose-attorney.html https://www.shautsova.com/law-publications/how-choose-attorney.html Author: New York Immigration attorney Halloween is coming, and with it the infamous question of children dressed as heroes or monsters at the door: Trick or Treat? I thought about this as an analogy of the legal field for a while and it really fits quite nicely. The point of Halloween for most children (especially when they get a bit older and kn https://www.shautsova.com/law-publications/national-interest-waiver-sponsor-yourself.html https://www.shautsova.com/law-publications/national-interest-waiver-sponsor-yourself.html Author: US Immigration Attorney Alena Shautsova Usually, for one to be able to immigrate to the US, the person needs to have some connection to the US in a form of a close family member or an employer. However, there are some exceptions. One of such exceptions, is an ability of worker to sponsor him/herself by filing a self-petition and requesting https://www.shautsova.com/law-publications/failure-register-selective-service-citizenship.html https://www.shautsova.com/law-publications/failure-register-selective-service-citizenship.html Author: Citizenship Attorney Alena Shautsova Usually, when one tries to research information regarding naturalization requirements, he finds discussions regarding good moral character, physical presence requirements, criminal bars to citizenship, time in permanent residence status issue. However, there are other, less "popular" but nevertheless i https://www.shautsova.com/law-publications/us-parole-program-filipino.html https://www.shautsova.com/law-publications/us-parole-program-filipino.html Author: Alena Shautsova A new exciting announcement came from the Department of Homeland Security last week. The DHS is creating a new parole program for Filipino and Filipino-American World War II. While the parameters of the programs are still under development, it is nevertheless very good news. Generally, a person who is paroled into the U. https://www.shautsova.com/law-publications/dv-lottery-2017.html https://www.shautsova.com/law-publications/dv-lottery-2017.html Author: Alena Shautsova It is that time of the year again: pumpkins, corn and fall mums mean that it is fall, and the Department of State again reopens its internet portal for the DV lottery players: www.dvlottery.state.gov. A few reminders for those who are considering trying their luck: 1. Read the Instructions Yourself, do not rely on anybody https://www.shautsova.com/law-publications/informing-immigration-change-address.html https://www.shautsova.com/law-publications/informing-immigration-change-address.html Author: New York Immigration lawyer Alena Shautsova From time to time people move from one address to another. While it is not a big deal for a U.S. citizen, for somebody who is not a citizen, and maybe not even a permanent resident, the move may have drastic consequences in connection to their Immigration status. Being in a rush, having a lot o https://www.shautsova.com/law-publications/adjustment-status-after-a-g-diplomatic-visa.html https://www.shautsova.com/law-publications/adjustment-status-after-a-g-diplomatic-visa.html Author: Green Card Attorney Alena Shautsova Usually, a person holding a diplomatic visa is ineligible to adjust their status to that of a lawful permanent resident. (A visas and status are for employees and representatives of diplomatic missions, G visa and status are for the employees and representatives of foreign and international organizations https://www.shautsova.com/law-publications/understanding-temporary-protected-status.html https://www.shautsova.com/law-publications/understanding-temporary-protected-status.html Author: Deportation Attorney Alena Shautsova Temporary protected status or TPS is a form of deferred action, a permission by a US government to stay in the US whose countries’ conditions are such that do not permit safe return of its nationals. To be able to apply for TPS, a person has to be a national of the country which was designated by the U https://www.shautsova.com/law-publications/how-to-ask-for-asylum.html https://www.shautsova.com/law-publications/how-to-ask-for-asylum.html Author: asylum lawyer Alena Shautsova Asylum is a status that is given to a person who cannot or is not willing to return to his/her country. Asylum law in most countries is defined by the International Convention on Refugees that was adopted by many countries, some with reservations. There are just a couple of countries which are not parties https://www.shautsova.com/law-publications/asylum-interview-average-time.html https://www.shautsova.com/law-publications/asylum-interview-average-time.html Author: New York Asylum Attorney Alena Shautsova The average time for one to be called for an interview after submission of asylum application is approximately 20-24 months. However, to be more precise, the time depends largely on the jurisdiction and certain other circumstances, but in general, 20-24 months would be a fair estimate. The intervi https://www.shautsova.com/law-publications/amended-asylum-application-new.html https://www.shautsova.com/law-publications/amended-asylum-application-new.html Author: New York Asylum Attorney Alena Shautsova When one files an application with the USCIS or court, one commits an important act of securing a deadline and a filing date, and also availing himself to the laws and regulations that are in effect on the date of filing. It means that the act of filing of an application has serious consequences for https://www.shautsova.com/law-publications/i-130-petition-immigrant-visa-adjustment-status.html https://www.shautsova.com/law-publications/i-130-petition-immigrant-visa-adjustment-status.html Author: green card lawyer Alena Shautsova Recently an interesting case came into my office where the individual said that he had applied for his mother to come to the US through immediate relative I-130 petition. His I 130 petition was approved and his mother’s Immigrant Visa was approved. The issue at question was trying to save 6 months’ worth o https://www.shautsova.com/law-publications/visa-fraud-harmful-effects.html https://www.shautsova.com/law-publications/visa-fraud-harmful-effects.html Author: US Visa lawyer Alena Shautsova Visa Fraud can be the result of sloppy proofreading or misrepresentation of material fact for the purpose of illegal gains. Either way, these “mistakes” can land you in big trouble from present until future. The most common “fraud” is omission of material facts. For Example you do not disclose that your relat https://www.shautsova.com/law-publications/waivers-worst-case-scenarios.html https://www.shautsova.com/law-publications/waivers-worst-case-scenarios.html New York Immigration lawyer Alena Shautsova Waivers have become a big part of my practice. Individuals come to my office with multiple issues requiring multiple waivers, believing sometimes, nothing can be done... having gone to a handful of attorneys before, only to be told that they could not adjust their status/defend from removal. Usually, a f https://www.shautsova.com/law-publications/most-challenging-obstacles-for-adjustment-of-status.html https://www.shautsova.com/law-publications/most-challenging-obstacles-for-adjustment-of-status.html Author: green card lawyer Alena Shautsova A Recent Success We were able recently to persuade the US government that the couple who was sufficiently accused of a fraudulent marriage, in fact had a bona fide marriage. As a result, the non- citizen was finally granted adjustment of status and was cleared of all accusations. The key in solving this https://www.shautsova.com/law-publications/activities-delegate-american-bar-association.html https://www.shautsova.com/law-publications/activities-delegate-american-bar-association.html Author: attorney Alena Shautsova Many of you have called my office this week and were not able to reach me as I was out of state. I have decided to include here a brief overview of my activities outside of the office, so you too can share any concerns with me regarding the points I will mention here and contribute to the process of improving our j https://www.shautsova.com/law-publications/simplified-eligibility-requirements-cancellation-removal.html https://www.shautsova.com/law-publications/simplified-eligibility-requirements-cancellation-removal.html Author: Deportation Lawyer Alena Shautsova 3 Simplified Eligibility requirements to Qualify For Cancellation of Removal for Non -Permanent Residents A relief from removal in the form of Cancellation of Removal has been around since 1996, but many eligible individuals still are unaware that they qualify for Cancellation of Removal. One caveat for https://www.shautsova.com/law-publications/proving-hardship-for-immigration-waivers.html https://www.shautsova.com/law-publications/proving-hardship-for-immigration-waivers.html Author: Hardship Waiver Attorney Alena Shautsova A person applying for most Immigration waivers in the US, needs to prove an "extreme hardship" to a qualifying family member in order for the application to be granted. When it comes to Hardship waivers it can be frustrating to receive information as general as “proof of hardship”, especially when https://www.shautsova.com/law-publications/tourist-visa-can-bring-fiance-us.html https://www.shautsova.com/law-publications/tourist-visa-can-bring-fiance-us.html Author: New York immigration lawyer Alena Shautsova One of the common questions I receive through online inquires is related to bringing family members to the US. While I already have a number of articles regarding this topic (See Adjustment Of Status For K-1 Visa Entrants), I would like to focus here on a fiancé visa. In most cases of family imm https://www.shautsova.com/law-publications/disclosure-criminal-record-immigration-benefits.html https://www.shautsova.com/law-publications/disclosure-criminal-record-immigration-benefits.html Author: Deportation Attorney Alena Shautsova Many people who are filling out Immigration forms are asking this question: do I need to disclose my expunged conviction?; or Do I need to disclose my charges if they were dismissed?; or Do I need to disclose my juvenile conviction? Many are confused, because often their Criminal Defense attorneys in https://www.shautsova.com/law-publications/how-pass-stokes-interview.html https://www.shautsova.com/law-publications/how-pass-stokes-interview.html Author: US Visa Attorney Alena Shautsova If your green card application is based on marriage to a U.S. citizen, you will be called for an interview with a USCIS officer. During your initial interview with USCIS you may ask you to come back for a second interview, also known in New York as a Stokes Interview. It is important to remember that this https://www.shautsova.com/law-publications/employment-authorization-spouses-h1b-holders.html https://www.shautsova.com/law-publications/employment-authorization-spouses-h1b-holders.html Author: Employment Immigration attorney Alena Shautsova On May 26, 2015 USCIS started to accept employment authorization applications, form I 765, by certain spouses of H1B visa holders. Traditionally, spouses of H1B visa holders, H4 dependents, were not eligible for an employment authorization. As one of the measures by the President aimed to imp https://www.shautsova.com/law-publications/updates-status-immigration-reform-new-daca-dapa.html https://www.shautsova.com/law-publications/updates-status-immigration-reform-new-daca-dapa.html Author: New York Immigration attorney Alena Shautsova The 5th Circuit Court of Appeals is yet to rule on the issue of new DACA and DAPA. The parties presented their oral arguments on April 17, 2015. So far, the court is still considering the issue. On April 7, 2015 the Court ruled on old DACA lawsuit and found that the plaintiffs did not have sta https://www.shautsova.com/law-publications/expedited-citizenship.html https://www.shautsova.com/law-publications/expedited-citizenship.html Author: Citizenship Immigration Attorney Alena Shautsova There are different ways one may obtain a U.S. citizenship: through birth in the U.S. or its territories; acquire U.S. citizenship automatically through parents or obtain it through naturalization process. The naturalization process covers those who first receive permanent resident status o https://www.shautsova.com/law-publications/online-free-immigration-law-seminars.html https://www.shautsova.com/law-publications/online-free-immigration-law-seminars.html Author: Immigration lawyer Alena Shautsova Law office of Alena Shautsova has launched online free Immigration law seminars. Every Wednesday at 9:00pm EST we hold discussions on various Immigration topics. The recordings of the previous seminars can be found online at: The past topics include: Immigration waivers, I601A waiver; US removal proc https://www.shautsova.com/law-publications/good-moral-character-federal-immigration-law.html https://www.shautsova.com/law-publications/good-moral-character-federal-immigration-law.html Author: New York Immigration attorney Alena Shautsova When applying for different forms of relief during deportation proceedings, sometimes one is required to show good moral character. This is a very vague term and many people get confused whether or not they possess a good moral character in the eyes of the adjudicator. This article will outline https://www.shautsova.com/law-publications/how-receive-prosecutorial-discretion-ice.html https://www.shautsova.com/law-publications/how-receive-prosecutorial-discretion-ice.html Author: NY Deportation Attorney Alena Shautsova Prosecutorial discretion is a form of government action that allows a non-citizen to avoid drastic consequences of immigration law violations. ICE or Immigration and Custom Enforcement has broad powers in connection to an individual who is subject to its authority: ICE may choose not to send the case https://www.shautsova.com/law-publications/dapa-daca-updates.html https://www.shautsova.com/law-publications/dapa-daca-updates.html Author: New York Immigration Attorney Alena Shautsova On the first date of supposed implementation, a federal Judge in Texas has blocked Obama’s immigration reform regarding parents of the U.S. citizens and permanent residents (DAPA) and new improvements to deferred action for childhood arrivals. As a result, the old DACA applications are not affe https://www.shautsova.com/law-publications/private-bill-process-role-executive-branch.html https://www.shautsova.com/law-publications/private-bill-process-role-executive-branch.html Author: Green Card Lawyer Alena Shautsova The Executive branch of government may undertake the following actions in connection with a Private Bill: Presidential Veto. Recommendations of which public laws can be utilized. Stays of removal and preparation of reports upon the request of Congress. Rarely the executive branch shows any interest https://www.shautsova.com/law-publications/what-happens-after-immigration-case-filed.html https://www.shautsova.com/law-publications/what-happens-after-immigration-case-filed.html Author: New York Immigration lawyer Alena Shautsova Have you wondered what happens to the papers you send to USCIS? How do they need to be arranged? Do you need to call USCIS to make sure they received your filing? How to write a check for the Immigration filing fees? First, the case or filing has to be assembled in a certain way so that USCIS so https://www.shautsova.com/law-publications/treating-unfairly-at-work-no-legal-immigration-status.html https://www.shautsova.com/law-publications/treating-unfairly-at-work-no-legal-immigration-status.html Author: Employment Discrimination Attorney Alena Shautsova It is unfortunate when people are taken advantage of by their superiors in America. It is even more unfortunate when they believe they must put up with this abuse because they are afraid of being deported, jailed or otherwise retaliated specifically because of their immigration status. Le https://www.shautsova.com/law-publications/new-daca-dapa-what-happened-immigration-reform-updates.html https://www.shautsova.com/law-publications/new-daca-dapa-what-happened-immigration-reform-updates.html Author: New York Immigration lawyer Alena Shautsova On November 20, 2014, President Obama announced a series of measures that are supposed to improve the current immigration system. Among them were the new DACA and DAPA. The USCIS was supposed to start accepting applications for the new DACA on February 18, 2015. However, on February 18, 2015, a https://www.shautsova.com/law-publications/private-bills-concerning-immigration-matters.html https://www.shautsova.com/law-publications/private-bills-concerning-immigration-matters.html Author: Green Card Attorney Alena Shautsova Should I Bring My Private Bill Before The Senate, Or The House Of Representatives? A private bill in Immigration contents is a law passed for a specific person. A private bill is initiated when someone contacts their representative or senator to sponsor the bill. The House and the Senate, each has its https://www.shautsova.com/law-publications/allowed-stay-us-not-eligible-adjust-status.html https://www.shautsova.com/law-publications/allowed-stay-us-not-eligible-adjust-status.html Author: Green Card Lawyer Alena Shautsova One of the most peculiar cases in Immigration Law is when a person lives in the US and technically can apply for some sort relief, but is subject to an Immigration bar, most likely due to criminal issues. It is a tough case and can cause a person to be stuck in limbo, sometimes, indefinitely. The biggest p https://www.shautsova.com/law-publications/dapa-deferred-action-parent-accountability.html https://www.shautsova.com/law-publications/dapa-deferred-action-parent-accountability.html Author: New York DAPA lawyer Alena Shautsova President Obama’s administration took a new, important step towards legalization of millions of undocumented immigrants. Starting Mary, 2015, a beneficiary of DAPA will be able to obtain an employment authorization, and likely, an advance parole document which will allow a person to legally travel outsi https://www.shautsova.com/law-publications/new-daca-five-things-know.html https://www.shautsova.com/law-publications/new-daca-five-things-know.html Author: New York DACA lawyer Alena Shautsova Applications for New DACA can be submitted starting February 18, 2015 DACA of Deferred Action for Childhood Arrivals underwent some major modification from its original form. In November, 2014 President Obama promised that those who came to the country before they turned 16 and stayed continuously fro https://www.shautsova.com/law-publications/how-to-immigrate-to-the-unites-states.html https://www.shautsova.com/law-publications/how-to-immigrate-to-the-unites-states.html Author: US Immigration lawyer Alena Shautsova One of the most common questions I receive through my website is “How can I move to the U.S.?” There is no simple answer to this question. The U.S. Immigration law provides for certain channels of immigration, plus the individual’s circumstances such as education, family ties, financial ability should https://www.shautsova.com/law-publications/tps-as-basis-for-adjustment-of-status.html https://www.shautsova.com/law-publications/tps-as-basis-for-adjustment-of-status.html Author: Green Card Attorney Alena Shautsova Temporary Protected Status (“TPS”) allows a person to stay in the US legally and work because the conditions in the person’s country are so unfortunate that the US government allows a person not to return there. The current list of countries designated for TPS can be found at USCIS website.... For exa https://www.shautsova.com/law-publications/filing-asylum-after-one-year-deadline.html https://www.shautsova.com/law-publications/filing-asylum-after-one-year-deadline.html Author: New York Asylum Attorney Alena Shautsova Under the current law, a person seeking asylum must file his/her claim within one year of entering the US. An entry to the U.S. can be verified by evidence of inspection and admission; documents proving that the undocumented person was stopped at the border or by presenting a detailed affidavit desc https://www.shautsova.com/law-publications/when-jurisdiction-exists-challenge-ice-denial-bond.html https://www.shautsova.com/law-publications/when-jurisdiction-exists-challenge-ice-denial-bond.html Author: Deportation Attorney Alena Shautsova ICE will have sole discretion and jurisdiction of an Immigration Judge does not exist to challenge the bond or parole determination in the following instances: That of an “Arriving Alien” whether they are a Lawful permanent resident or not. Individuals subject to mandatory detention. Individuals ch https://www.shautsova.com/law-publications/ice-denial-bond-still-possible-receive-bond-parole.html https://www.shautsova.com/law-publications/ice-denial-bond-still-possible-receive-bond-parole.html Author: Deportation Lawyer Alena Shautsova Yes, in certain instances after ICE has denied a bond you may appeal through “Judicial Review”. If jurisdiction exists you may be eligible for an appeal through judicial review if all of the following can be proven: ICE has abused its power – when the government deems the release of the petitioner pos https://www.shautsova.com/law-publications/parole-children-from-honduras-elsalvador-guatemala.html https://www.shautsova.com/law-publications/parole-children-from-honduras-elsalvador-guatemala.html Author: Asylum Attorney Alena Shautsova USCIS has announced another important initiative for parole for children from Honduras, El Salvador and Guatemala to request to bring their children to the United States as refugees via US Refugee Admission Program (“RAP”). The applications will be considered on a case by case basis, and if there are strong https://www.shautsova.com/law-publications/obama-administrative-immigration-reform-who-benefit.html https://www.shautsova.com/law-publications/obama-administrative-immigration-reform-who-benefit.html Author: New York Immigration lawyer Alena Shautsova The long waited administrative immigration reform has been announced (please see Obama Immigration Reform). However, there are a lot of rumors as to who can qualify and what the immigration reform actually is… First of all, the announced administrative action is not an amnesty that will help al https://www.shautsova.com/law-publications/obama-immigration-reform.html https://www.shautsova.com/law-publications/obama-immigration-reform.html Author: Immigration lawyer Alena Shautsova On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S https://www.shautsova.com/law-publications/adjust-status-after-entering-country-visa-waiver-program.html https://www.shautsova.com/law-publications/adjust-status-after-entering-country-visa-waiver-program.html Author:Green Card Lawyer Alena Shautsova The rule of thumb for a person trying to adjust their status on a VWP (Visa Waiver Program) will be eligible for adjustment of status based on an immediate relative petition filed within the 90 day preauthorized period of stay. Make sure you are otherwise eligible for an Adjustment of Status. If you have https://www.shautsova.com/law-publications/sexual-harassment-when-complain-consequences-failure-complain.html https://www.shautsova.com/law-publications/sexual-harassment-when-complain-consequences-failure-complain.html Author: Discrimination Attorney Alena Shautsova Sexual harassment in the workplace can be devastating, whether it is a supervisor asking you to go for drinks after work on multiple occasions, or in more serious cases the forcing of unwanted sexual acts from a supervisor. If you feel threatened or uncomfortable at work due to the advances of a co-w https://www.shautsova.com/law-publications/deportation-defense-options-complicated-cases.html https://www.shautsova.com/law-publications/deportation-defense-options-complicated-cases.html Author: Deportation Attorney Alena Shautsova Removal or deportation proceeding is the name for administrative process during which an Immigration judge decides if a non-citizen should be sent back to his/her home country. To stay in the US, a non-citizen needs to provide a defense to the removal. Preparing a defense from deportation starts with https://www.shautsova.com/law-publications/how-to-bring-adopted-children-to-us.html https://www.shautsova.com/law-publications/how-to-bring-adopted-children-to-us.html Author: New York Immigration lawyer Alena Shautsova Adoption of foreign children can be accomplished via different ways. It can be in the form of local adoption, under the laws of the foreign country without the use of US immigration forms or it can be done through the channels of international adoption. International Adoption International adop https://www.shautsova.com/law-publications/can-get-green-card-after-divorce-separation-us-citizen.html https://www.shautsova.com/law-publications/can-get-green-card-after-divorce-separation-us-citizen.html Author: New York Green Card Attorney Alena Shautsova When a non-US citizen marries a US citizen, he/she can obtain legal status in the US though the sponsorship filed by the US citizen. If a foreign spouse is overseas, the US citizen has to file a family petition and then the foreign spouse will apply for an immigrant visa; if the foreign spouse i https://www.shautsova.com/law-publications/k1-same-sex-couples.html https://www.shautsova.com/law-publications/k1-same-sex-couples.html Author: US Immigration Attorney Alena Shautsova With the US Supreme court decision in United States v. Windsor, the US recognized federal benefits in connection with same sex couples. To wit, the US government allowed family sponsored immigration for same sex unions. Gay spouses are allowed to sponsor their loved ones for adjustment of status, i https://www.shautsova.com/law-publications/citizenship-through-military-service-beneficiaries-daca.html https://www.shautsova.com/law-publications/citizenship-through-military-service-beneficiaries-daca.html Author: Citizenship Attorney Alena Shautsova The law allows permanent residents to receive citizenship after a person has been in “green card holder” status for 3 or 5 years depending on how the person acquired the residency: through marriage with the USC or some other way. Usually, a person has to become a permanent resident first, otherwise he/ https://www.shautsova.com/law-publications/green-card-lottery-rules-pitfalls.html https://www.shautsova.com/law-publications/green-card-lottery-rules-pitfalls.html Author: Green Card Attorney Alena Shautsova US Diversity Visa Lottery or green card lottery as some call it, is a program that allows to choose candidates for the permanent residency in the US from a pool of certain countries. The lucky persons will be able to apply for an immigrant visa and move the US with the whole family ( spouses and children https://www.shautsova.com/law-publications/move-immigration-case-court-new-state.html https://www.shautsova.com/law-publications/move-immigration-case-court-new-state.html Author: New York Immigration Attorney Alena Shautsova I have changed my address online and have moved to a different state. Can I move my case to the Immigration court in my state? Yes you may, if your new address is outside of the state your Immigration case is in, you may move your case to the court within your state. This is referred to as a “ https://www.shautsova.com/law-publications/discovery-employment-discrimination-cases.html https://www.shautsova.com/law-publications/discovery-employment-discrimination-cases.html Author: New York Employment Discrimination Attorney Alena Shautsova Majority of employment discrimination cases are filed in Federal courts, and hence the disclosure of the information by the both sides would be governed by the Federal Rules of Civil Procedure. Sometimes, a question of whether to file a case a state or federal court is a strateg https://www.shautsova.com/law-publications/asylum-victims-domestic-violence.html https://www.shautsova.com/law-publications/asylum-victims-domestic-violence.html Author: New York Asylum Attorney Alena Shautsova A person may successfully seek asylum in the US if he/she can demonstrate that the asserted claims are based on political opinion, religious beliefs, race, nationality or membership in a particular social group. This last category is the most open one for interpretation. In the past, it has been re https://www.shautsova.com/law-publications/international-travel-rules.html https://www.shautsova.com/law-publications/international-travel-rules.html Author: New York Immigration Attorney Alena Shautsova US citizens and permanent residents, as well as asylees who hold valid Travel Documents have to be aware that different countries have different rules regarding entry and exit documents during international travel. For example, when a person leaves the US, the person does not have to go throug https://www.shautsova.com/law-publications/denial-i751-petition-remove-conditions-from-green-card.html https://www.shautsova.com/law-publications/denial-i751-petition-remove-conditions-from-green-card.html Author: Marriage Visa Attorney Alena Shautsova Form I 751 petition to remove conditions on permanent residency, must be filed by those couples whose marriage (if one of the spouses is a non-US citizen) is younger than two years at the time of the adjudication of the immigrant visa application or application for adjustment of status. The form must https://www.shautsova.com/law-publications/adjustment-of-status-based-marriage-after-illegal-entry.html https://www.shautsova.com/law-publications/adjustment-of-status-based-marriage-after-illegal-entry.html Author: New York Immigration Attorney Alena Shautsova A person who came to the US legally but overstayed his/her authorized time, may, nevertheless, receive a permanent resident status (or adjust his/her status to permanent resident). It does not matter if the entry happened a year ago or twenty years ago. As long as the person was inspected and https://www.shautsova.com/law-publications/i-589-form-asylum-how-fill.html https://www.shautsova.com/law-publications/i-589-form-asylum-how-fill.html Author: New York Immigration lawyer Alena Shautsova To file for asylum in the US, a person seeking asylum has to fill out and submit to USCIS form I-589 that can be found on www.uscis.gov. The form is free. Make sure to download the latest edition of the form. Every person who is filing the case on his/her own has to read instructions to the for https://www.shautsova.com/law-publications/ice-arrests-what-to-do-after.html https://www.shautsova.com/law-publications/ice-arrests-what-to-do-after.html Author: Deportation Lawyer Alena Shautsova The first thing you should do is call an attorney, it never ceases to amaze me how many people wait a few days to call an attorney. The problem with waiting a few days, is that your loved one can be detained without bond, waive possible defenses to deportation without knowledge, or worse: be deported wit https://www.shautsova.com/law-publications/citizenship-appeal-of-denial.html https://www.shautsova.com/law-publications/citizenship-appeal-of-denial.html Author: Citizenship Attorney Alena Shautsova Recently I have had many people come to my office after they were denied citizenship and tried to appeal the decision themselves at an N-336 hearing. After the hearing, they were also denied. The big question I get after they tell me this story is "Is there anything I can do now?" Yes, after you have e https://www.shautsova.com/law-publications/business-immigration-what-visa-choose.html https://www.shautsova.com/law-publications/business-immigration-what-visa-choose.html Business Immigration Attorney in New York Alena Shautsova To enter the US, a person may not be inadmissible: an inadmissibility to the US may be caused by prior violations of the US laws or by criminal convictions, including convictions in the applicant’s home country; any prior visa denials and cancellations of visa must be discussed with an atto https://www.shautsova.com/law-publications/fraud-asylum-application.html https://www.shautsova.com/law-publications/fraud-asylum-application.html Author: US Asylum attorney Alena Shautsova Thousands of people come into the United States every year to find shelter and protection form terror and abuse in their home countries. The US provides for this protection in the form of asylum: status that allows non-US citizens to live and work in the US and apply for green card (permanent residency) e https://www.shautsova.com/law-publications/president-take-administrative-action-start-immigration-reform.html https://www.shautsova.com/law-publications/president-take-administrative-action-start-immigration-reform.html Author: New York Immigration Attorney Alena Shautsova On June 30, 2014 President Obama stated that now it is his time to act on Immigration Reform. Why has he not done so? It is because to "reform" immigration laws, the Congress has to adopt amendments to the existing laws or adopt new laws. In a recent Press Release, I had stated that: With the https://www.shautsova.com/law-publications/citizenship-application-denied-what-can-i-do.html https://www.shautsova.com/law-publications/citizenship-application-denied-what-can-i-do.html Author: Citizenship Attorney Alena Shautsova Administrative Review of Citizenship Application Denial If you are denied Citizenship by a USCIS officer, you may ask for a hearing with a new immigration officer. This is called an N-336 Hearing. During this hearing you may be interviewed and given another civics and English test. Afterwards, the offi https://www.shautsova.com/law-publications/u-visa-victim-crime-no-legal-status-usa.html https://www.shautsova.com/law-publications/u-visa-victim-crime-no-legal-status-usa.html Author: US visa lawyer Alena Shautsova I am the victim of a crime, but I do not have a legal status in the US. Is there anything I can do? This unfortunately is a question many people are afraid to ask, because of their immigration status or lack thereof. I am here to tell you that you do not have to be afraid, contact an attorney to make sure yo https://www.shautsova.com/law-publications/business-immigration-eb5.html https://www.shautsova.com/law-publications/business-immigration-eb5.html Author: EB-5 Business Visa Attorney Alena Shautsova Brief Overview EB-5 is an Immigrant petition that allows its beneficiary to obtain permanent resident status in the United States. The procedure starts with the development of the business plan of the desired enterprise and a decision as to: in what business and what size of investment a person https://www.shautsova.com/law-publications/immigration-consequences-marriage-fraud.html https://www.shautsova.com/law-publications/immigration-consequences-marriage-fraud.html Author: New York Immigration lawyer Alena Shautsova Immigration marriage fraud may take various forms: from exchanging moneys for marriage to conspiracy to broker individuals for marriage. Please see: What Is Marriage Fraud and How Does the USCIS Operate to Prevent It?. Finding of the marriage fraud has drastic immigration consequences but also ma https://www.shautsova.com/law-publications/adjustment-status-process-green-card-based-marriage.html https://www.shautsova.com/law-publications/adjustment-status-process-green-card-based-marriage.html Author: Marriage Visa Attorney Alena Shautsova The process of adjustment of status based on marriage starts with the marriage itself. A couple can file their immigration forms the next day following their wedding: the law does not require that the couple waits any specific time to submit their applications. First, both spouses have to collect all https://www.shautsova.com/law-publications/how-to-pass-immigration-marriage-interview.html https://www.shautsova.com/law-publications/how-to-pass-immigration-marriage-interview.html Author: Family Visas Lawyer Alena Shautsova An Immigration interview is required in every case of adjustment based on marriage filing. That is every time a US citizen or a lawful permanent resident (a green card holder) would like “to file” for their spouse who is in the United States, the couple will be called to appear before an Immigration offi https://www.shautsova.com/law-publications/i601a-provisional-waiver-procedure.html https://www.shautsova.com/law-publications/i601a-provisional-waiver-procedure.html Author: Provisional Waiver Attorney Alena Shautsova In January 2013 USCIS implemented a new provisional waiver application that came into effect on March 3, 2013. Recently, the waiver was expanded allowing more applicants to qualify for it. The I-601A provisional waiver allows certain relatives of the US citizens and spouses or children of lawful https://www.shautsova.com/law-publications/i94-form-arrival-departure-records-available-online.html https://www.shautsova.com/law-publications/i94-form-arrival-departure-records-available-online.html Author: New York Immigration lawyer Alena Shautsova I-94 form Arrival/Departure record is the main form that has been used for decades to track admission and departure of the non-US residents. Recently, however, Department of Homeland Security substituted the paper version with the electronic record. The I-94 form is crucial to prove inspection https://www.shautsova.com/law-publications/l1-visa-how-immigrate-usa-using-business.html https://www.shautsova.com/law-publications/l1-visa-how-immigrate-usa-using-business.html Author: New York Business Visa Attorney Alena Shautsova The L-1 visa allows managers, executives and other employee’s with a special knowledge crucial to the business’ development and growth to transfer from a foreign company to a branch currently doing business in the US. The L-1 Visa holder can only work for the US Employer that serves as his/ https://www.shautsova.com/law-publications/l-1-visas-blanket-l-petition.html https://www.shautsova.com/law-publications/l-1-visas-blanket-l-petition.html Author: New York Business Immigration Attorney Alena Shautsova When a company is frequently petitioning for L-1 visas, it is always best to obtain a Blanket L petition. Once approved, your transferee’s may now apply directly to their consulate without waiting for an individual L-1 petition to be approved by USICS. Unfortunately, the Blanket L Peti https://www.shautsova.com/law-publications/k-1-visa-process-fiance.html https://www.shautsova.com/law-publications/k-1-visa-process-fiance.html Author: K-1 Visa Attorney Alena Shautsova When a US citizen wishes to invite his fiancé to the US, he or she has to submit a K-1 or fiancé visa petition. If granted, the petition will allow a foreign fiancé to obtain a K-1 visa to come and stay in the US for up to 90 days. Within the 90 days, a couple must get married or fiancé has to leave the US https://www.shautsova.com/law-publications/post-perm-denial-notice-department-labor-appeal-reconsideration.html https://www.shautsova.com/law-publications/post-perm-denial-notice-department-labor-appeal-reconsideration.html Author: Employment Immigration Attorney Alena Shautsova Unfortunately, even a very thoroughly prepared PERM application may result in a denial. The concerns about whether it is worth it to appeal it, boils down to the eligibility of the appeal. At this point, the legal fees will be heavier, the application will take more time to appeal then it did https://www.shautsova.com/law-publications/asylum-interview-how-long-is-the-wait.html https://www.shautsova.com/law-publications/asylum-interview-how-long-is-the-wait.html Author: US Asylum attorney Alena Shautsova Many asylum applicants are concerned with the timeline for the affirmative asylum process. It is used to be the case that after an asylum application was filed affirmatively, an applicant could have expected to be called for an interview within a couple of months after the filing date. However, within th https://www.shautsova.com/law-publications/waiver-criminal-conduct-lawful-permanent-residents-212c.html https://www.shautsova.com/law-publications/waiver-criminal-conduct-lawful-permanent-residents-212c.html Author: Immigration lawyer Alena Shautsova A recent decision by the Board of Immigration Appeals clarified 212(c) waiver eligibility for lawful permanent residents in the Matter of Abdelghany, 26 I N Dec. 254 (2014). (1) A lawful permanent resident who has accrued 7 consecutive years of lawful unrelinquished domicile in the United States and who https://www.shautsova.com/law-publications/green-card-based-extraordinary-ability-eb1a.html https://www.shautsova.com/law-publications/green-card-based-extraordinary-ability-eb1a.html Author: Green Card Attorney Alena Shautsova A person who can demonstrate an extraordinary ability in some fields, may sponsor him or herself for the permanent residence in the US without an employer’s petition. The fields are the following: Sciences Arts Education Business Athletics An extraordinary ability is defined as a level of exper https://www.shautsova.com/law-publications/how-obtain-h-1b-work-visa.html https://www.shautsova.com/law-publications/how-obtain-h-1b-work-visa.html Author: Work Visa Attorney Alena Shautsova After an employer has obtained an approved Labor Condition Application (LCA) (see here) , it is time to file an H1B petition for the foreign worker. The H-1B visa allows a foreign national to accept professional jobs with the US employers. The H1B petition should be filed as soon as possible: on the fi https://www.shautsova.com/law-publications/lodged-asylum-application-new-procedure-applicants.html https://www.shautsova.com/law-publications/lodged-asylum-application-new-procedure-applicants.html Author: Asylum Attorney Alena Shautsova To reflect changes caused by the Asylum class action law suit, Immigration Court practice Manual has been updated to include new definition and procedure for a lodged asylum application. The changes help asylum applicants to lock in the date from which their time for employment application will start to run https://www.shautsova.com/law-publications/state-immigration-reform.html https://www.shautsova.com/law-publications/state-immigration-reform.html Author: Immigration Attorney Alena Shautsova It is probably fair to say that majority of immigrants have lost hope that Immigration reform will happen any time soon. What seemed to be so possible in summer 2013, became a mere reminiscence in 2014. The Congress, however, is trying to revive the Immigration reform idea, and this past week released https://www.shautsova.com/law-publications/lca-labor-condition-application.html https://www.shautsova.com/law-publications/lca-labor-condition-application.html Author: Work Visa Attorney Alena Shautsova First Step In Obtaining A Nonimmigrant Working Visa. The first step in acquiring an H-1B specialty occupation, E-3 Australian specialty occupation worker, and H-1B1 Singapore/Chile Free Trade non-immigrant processes is to submit a Labor Condition application (LCA). This in short is the promise your empl https://www.shautsova.com/law-publications/us-government-citizenship-enlist-us-military.html https://www.shautsova.com/law-publications/us-government-citizenship-enlist-us-military.html Author: Citizenship Lawyer Alena Shautsova For those who possess required language or critical skills and are willing to enlist with the US military. Those holding critical skills – physicians, nurses, and certain experts in language with associated cultural backgrounds – would be eligible. To determine its value in enhancing military readiness, https://www.shautsova.com/law-publications/administrative-processing-221-g.html https://www.shautsova.com/law-publications/administrative-processing-221-g.html Author: US Visa Attorney Alena Shautsova If one applies for a visa with a US consulate, he or she may encounter something called "administrative processing." In a regular course of events, a visa applicant receives response to the visa application the date of his or her visa interview. However, sometimes the date of the decision happens much later https://www.shautsova.com/law-publications/get-ice-free-released-immigration-detention.html https://www.shautsova.com/law-publications/get-ice-free-released-immigration-detention.html Author: Deportation Attorney Alena Shautsova ICE or Immigration and Custom Enforcement agency is the "police" of the Department of Homeland Security. ICE officers are in charge of investigation and apprehension of those who violate the U.S. Immigration laws. Most commonly, a person gets into the ICE’s custody after he/she has been detained by regu https://www.shautsova.com/law-publications/how-to-win-deportation-case.html https://www.shautsova.com/law-publications/how-to-win-deportation-case.html Author: New York Deportation Lawyer Alena Shautsova When you or a loved one has been placed into deportation proceedings it is important to understand that remorse and responsibility for your actions coupled with rehabilitation alone is not enough to win your deportation case. That being said, there needs to be a legal basis for your stay in the U https://www.shautsova.com/law-publications/i-485-form-adjustment-of-status.html https://www.shautsova.com/law-publications/i-485-form-adjustment-of-status.html Author: Green Card Lawyer Alena Shautsova NYC Immigration lawyer Alena Shautsova helps immigrants to determine their eligibility for adjustment of status in the United States, as well as to fight for their cases if their filings were rejected or denied. If a person is “adjustable” is a legal and factual issue. The law and regulations are changing https://www.shautsova.com/law-publications/i-130-green-card-form-tips.html https://www.shautsova.com/law-publications/i-130-green-card-form-tips.html Author: Green Card Attorney Alena Shautsova NYC Immigration lawyer Alena Shautsova has successfully represented hundreds of individuals in connection with the family immigration process. Here, she would like to share some helpful tips on how to submit a successful I-130 petition. I 130 form is one of the most common and essentially the main pet https://www.shautsova.com/law-publications/green-card-process-parents.html https://www.shautsova.com/law-publications/green-card-process-parents.html Author: Green Card Attorney Alena Shautsova How to Get a Green Card for Parents Parents of those US citizens who are over the age of 21 qualify to be what the USCIS considers an "immediate relative". Immediate relatives do not have to wait in line for visas because there is no cap for this particular category of an immigrant visa. Sponsoring pare https://www.shautsova.com/law-publications/parole-place-military-families.html https://www.shautsova.com/law-publications/parole-place-military-families.html Author: Parole in Place Attorney Alena Shautsova On November 15, 2013, USCIS issued an official Memorandum clarifying the procedures for parole in place: a relief available for EWI (entrant without inspection) immediate relatives of the Military personnel. This relief is not a new law. In fact, it has been used by Immigration practitioners for a https://www.shautsova.com/law-publications/asylum-usa-immigration-law.html https://www.shautsova.com/law-publications/asylum-usa-immigration-law.html Author: US Asylum Lawyer Alena Shautsova Asylum is a special status granted to those who can demonstrate fear of returning to their home country due to the past persecution or future persecution. A successful asylum application leads to a green card and subsequently to the US citizenship. Please visit our web page about Political Asylum In The USA https://www.shautsova.com/law-publications/visa-h1b-employer-change.html https://www.shautsova.com/law-publications/visa-h1b-employer-change.html Author: Employment Immigration Attorney Alena Shautsova Life happens: your offered a new job with a higher pay or better benefits, you want to take this new job, or in some cases have to, but you’re unsure of how to go about doing this. Statistics is clear: those attempting to handle their immigration cases themselves much more often find themsel https://www.shautsova.com/law-publications/asylum-applicant-due-process-rights.html https://www.shautsova.com/law-publications/asylum-applicant-due-process-rights.html Author:Asylum Attorney Alena Shautsova In the recent decision by the Ninth Circuit Court of Appeals, Bondarenko v. Holder, the court held that an applicant for asylum possess due process rights that must be observed even if the government or an Immigration Judge believes that the applicant is not credible. The case is of a Russian national who w https://www.shautsova.com/law-publications/how-to-become-us-citizen.html https://www.shautsova.com/law-publications/how-to-become-us-citizen.html Author: Citizenship Attorney Alena Shautsova The first step towards the US citizenship, usually, is Permanent Residency. (See How to get a green card) After you become a permanent resident or more commonly known as "Green Card holder" the next step in the long sought out process of immigrating to the US is to become a citizen. There are several https://www.shautsova.com/law-publications/us-green-card-based-dv-lottery.html https://www.shautsova.com/law-publications/us-green-card-based-dv-lottery.html Author: Green Card Lawyer Alena Shautsova US green card based on DV or Diversity Lottery is a program established by the US government that helps to maintain diversity of the immigrants in the United States and gives applicants a chance to “win” status of a permanent resident without having to be sponsored by a family member or an employer. First https://www.shautsova.com/law-publications/immigration-bond-money-how-return.html https://www.shautsova.com/law-publications/immigration-bond-money-how-return.html Author: New York Deportation Attorney Alena Shautsova Immigration bond is often posted by friends or family of a non-citizen who was detained by ICE in connection with immigration proceedings. The bond money sum may vary from $1500 and up. Sometimes it reaches $25,000. There is no maximum amount that can be established for the Immigration bond. V https://www.shautsova.com/law-publications/apostille-benefits-authenticating-documents.html https://www.shautsova.com/law-publications/apostille-benefits-authenticating-documents.html Author: US Immigration Attorney Alena Shautsova Benefits, Results and Solutions to authenticating documents for use in a foreign country. If you have family, friends or business in foreign countries, at some point you may be required to authenticate documents for use in that country. The most common issue arises when the documents need to become https://www.shautsova.com/law-publications/immigration-court-right-representation-important.html https://www.shautsova.com/law-publications/immigration-court-right-representation-important.html Author: US Immigration Lawyer Alena Shautsova The right to representation in immigration court: a person in Immigration proceedings has a right to retain and be represented by a private counsel. However, there is no obligation on behalf of the government to provide a free immigration lawyer to somebody who is getting removed from the country. The https://www.shautsova.com/law-publications/green-card-based-employment.html https://www.shautsova.com/law-publications/green-card-based-employment.html Author: Green Card Attorney Alena Shautsova Employment based green card implies different options: first, the employment based visas maybe immigrant (EB) and non-immigrant (visas category H, L, O, P, etc. please see Non-Immigrant US visas here). Non Immigrant visas are given for temporary stay in the US, and the implication is if the person would https://www.shautsova.com/law-publications/asylum-confidentiality-right-breach.html https://www.shautsova.com/law-publications/asylum-confidentiality-right-breach.html Author: Asylum Lawyer Alena Shautsova Very often a decision to file an asylum claim is a difficult one. It is not because the person has not suffered persecution or lacks proof of his/her claim, but because the person is afraid that the information he / she shares with the government will be conveyed to his/her persecutors and the person will be h https://www.shautsova.com/law-publications/political-asylum-usa-belarusian-citizens.html https://www.shautsova.com/law-publications/political-asylum-usa-belarusian-citizens.html Author: Asylum Attorney Alena Shautsova Asylum applicants are often confused as to what exactly they need to show in court or during the interview to be able to sustain a successful claim. The fact that a person happens to be from a particular country, even if it is well known for violations of human rights, does not by itself guarantee that a per https://www.shautsova.com/law-publications/us-green-card-based-investment.html https://www.shautsova.com/law-publications/us-green-card-based-investment.html Author: US Green Card Lawyer Alena Shautsova A substantial investment is one of the ways of receiving residency in the United States. This type of immigration can also be referred to as EB-5 visa. What is an EB-5 visa? The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job https://www.shautsova.com/law-publications/green-card-based-vawa.html https://www.shautsova.com/law-publications/green-card-based-vawa.html Author: US Green Card Attorney Alena Shautsova VAWA stands for Violence Against Women Act. It is a law that allows victims of domestic violence, those who are or were in certain relationship with a US citizen or a U.S. permanent resident to sponsor themselves into the country without the help of the abusive US citizen or permanent resident. The la https://www.shautsova.com/law-publications/undocumented-workers-recover-unpaid-wages.html https://www.shautsova.com/law-publications/undocumented-workers-recover-unpaid-wages.html Author: New York Employment Attorney Alena Shautsova Thousands of US small and large business employ immigrants who the government calls “undocumented”. Those are men and women who earn their living and pay taxes but do not have a permit to work in the United State. They are not necessarily employed as agricultural or domestic workers. Quite ofte https://www.shautsova.com/law-publications/immigration-reform-updates.html https://www.shautsova.com/law-publications/immigration-reform-updates.html Author: New York Immigration Attorney Alena Shautsova The Immigration Reform Bill "got stuck" in the House of Representative. Despite the optimistic predictions that we will have new Immigration laws prior to August, 2013, it did not happen. Why? The members of the House are divided between adopting one single Bill or multiple laws. There are on https://www.shautsova.com/law-publications/discrimination-at-work.html https://www.shautsova.com/law-publications/discrimination-at-work.html Author: New York Employment Discrimination attorney Alena Shautsova Workplace discrimination is one of the most unpleasant and upsetting things that may happen to anyone. One may think that in 21 century most employers are aware of the consequences of singling out an employee based on sex, race, place of origin, disability or age. The reality, how https://www.shautsova.com/law-publications/asylum-changed-country-conditions-motion-reopen.html https://www.shautsova.com/law-publications/asylum-changed-country-conditions-motion-reopen.html Author: NY Asylum Lawyer Alena Shautsova Changed Country Conditions An application for asylum must be filed by within one year of the person’s entry into the US. One of the exceptions to this rule is changed country conditions in the country from which a person is claiming asylum. To invoke the exception, an applicant must demonstrate requiremen https://www.shautsova.com/law-publications/doma-nolonger-used-against-same-sex-couples.html https://www.shautsova.com/law-publications/doma-nolonger-used-against-same-sex-couples.html Author: New York Immigration Attorney Alena Shautsova DOMA can no longer be used against same sex couples held Board Of Immigration Appeals in its recent decision Matter of Oleg B. ZELENIAK, Beneficiary of a visa petition filed by Serge V. Polajenko, Petitioner 26 IN Dec. 158 (BIA 2013). It is probably the first BIA decision issued after the US S https://www.shautsova.com/law-publications/asylum-status-matter-vx26indec147bia2013.html https://www.shautsova.com/law-publications/asylum-status-matter-vx26indec147bia2013.html Author:US Asylum Attorney Alena Shautsova In its recent decision, BIA affirmatively stated that grant of asylum is not an admission under the INA. Matter of V-X-, 26 IN Dec. 147 (BIA 2013). What significance does this decision have for asylum status holders? Admission for immigration purposes is a term of art and it implies certain immigration c https://www.shautsova.com/law-publications/what-is-special-immigrant-juvenile-status-sijs.html https://www.shautsova.com/law-publications/what-is-special-immigrant-juvenile-status-sijs.html Author: US Immigration Attorney Alena Shautsova Pursuant to INA § 101(a)(27)(J), under the classification of “Special Immigrant Juvenile”, certain undocumented individuals, who have been declared dependant on a juvenile court or placed in foster care, and whose reunification with one or both parents is not possible due to abuse, abandonment or neg https://www.shautsova.com/law-publications/what-does-immigration-reform-actually-entail.html https://www.shautsova.com/law-publications/what-does-immigration-reform-actually-entail.html Author: US Immigration Lawyer Alena Shautsova For the past few months there has been a lot of talk about “Immigration Reform”. On Thursday, June 27, 2013, the current bipartisan immigration reform bill passed the Senate with a vote of 68-32. So what is all this talk about immigration reform really about? For the approximately eleven million und https://www.shautsova.com/law-publications/same-sex-marriages-immigration-doma-struck-down.html https://www.shautsova.com/law-publications/same-sex-marriages-immigration-doma-struck-down.html Author: US Immigration Attorney Alena Shautsova On June 26, 2013 the Supreme Court of the United States issued an opinion in United States v. Windsor that caused rainbow flags to fly high all across the country. In Windsor, the Supreme Court held that Section 3 of the Defense of Marriage Act enacted by Congress violated the Fifth Amendment of the https://www.shautsova.com/law-publications/asylum-claim-based-domestic-violence-home-country.html https://www.shautsova.com/law-publications/asylum-claim-based-domestic-violence-home-country.html Author: Asylum Attorney Alena Shautsova An applicant for asylum must establish that he or she is a refugee within the meaning of INA § 101(a)(42). To qualify for asylum, an individual must demonstrate that he or she has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or politi https://www.shautsova.com/law-publications/section3-defense-marriage-act-doma-struck-down.html https://www.shautsova.com/law-publications/section3-defense-marriage-act-doma-struck-down.html Author: US Immigration Lawyer Alena Shautsova Dear Friends, We are happy to share the recent news that on June 26, 2013, Justices of the U.S. Supreme Court in United States v. Windsor, struck down Section 3 of the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman, noting that “DOMA’s principal effect is to iden https://www.shautsova.com/law-publications/relief-available-convention-against-torture.html https://www.shautsova.com/law-publications/relief-available-convention-against-torture.html Author: Asylum Attorney Alena Shautsova In some instances, an individual who does not qualify for asylum may meet the threshold requirements to qualify for relief under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). As declared in Article 3 of CAT, countries do not want to remove an individual t https://www.shautsova.com/law-publications/age-discrimination-when-complain.html https://www.shautsova.com/law-publications/age-discrimination-when-complain.html Author: Discrimination Attorney Alena Shautsova New York State and City laws, as well as Federal ADEA (“Age Discrimination Employment Act”) protect workers from age discrimination: it is illegal to subject employees to harassment, disparate treatment and retaliation. Different laws provide different frames of protections, with the New York City l https://www.shautsova.com/law-publications/immigration-800-number.html https://www.shautsova.com/law-publications/immigration-800-number.html Author: US Immigration Lawyer Alena Shautsova Immigration 800 Number: 1-800-898-7180 Immigration 800 number is an automotive system that provides updates on alien’s case processing dates such as next hearing date; status of the case; immigration clock… To use it, the person must know the A number of the subject of the call. There is no name dir https://www.shautsova.com/law-publications/spousal-visa-denial-what-next.html https://www.shautsova.com/law-publications/spousal-visa-denial-what-next.html Author: US Visa Attorney Alena Shautsova Every year, thousands of U.S. citizens get married to foreigners and if they thought that the marriage and wedding is the most tiring part, they were bitterly mistaken. After the wedding, the happy couples have to “deal” with the maze of the U.S. immigration laws. Some brave hearts attempt to do it on their https://www.shautsova.com/law-publications/sexual-harassment-anthropologists-study.html https://www.shautsova.com/law-publications/sexual-harassment-anthropologists-study.html Author: Sexual Harassment Attorney Alena Shautsova Anthropology is the science that studies mankind in terms of physical and cultural development including biological characteristics, social customs and beliefs. As in many other scientific areas, scientists engage in fieldwork in remote and uncivilized locations. According to an article in A https://www.shautsova.com/law-publications/winning-dv-lottery.html https://www.shautsova.com/law-publications/winning-dv-lottery.html Author: US Green Card Lawyer Alena Shautsova May is the time of the year when applicants for the Diversity Lottery learn if they were selected for further processing. Typically, the number of those selected is much higher than the number of available immigrant visas. Why? Because many applicants will be disqualified based on misrepresentation in t https://www.shautsova.com/law-publications/deportation-proceedings-mentally-disabled.html https://www.shautsova.com/law-publications/deportation-proceedings-mentally-disabled.html Author: Deportation Lawyer Alena Shautsova We are all familiar with the constitutional right to legal counsel for those individuals who cannot afford a lawyer in criminal cases. However, in immigration cases, such as deportation, immigrants do not have the same right to legal counsel. They must represent themselves if they cannot afford an attorne https://www.shautsova.com/law-publications/detained-by-ice-get-bond.html https://www.shautsova.com/law-publications/detained-by-ice-get-bond.html Author: Deportation Lawyer Alena Shautsova ICE detention is usually occurs when a non-citizen is suspected to be removable from the US. Often, ICE (Immigration Custom Enforcement) places a hold on individual who is in State detention facilities, but an undocumented person can be also apprehended at the airport, or a bus station. An immigration de https://www.shautsova.com/law-publications/immigration-reform-changes.html https://www.shautsova.com/law-publications/immigration-reform-changes.html Author: US Immigration Lawyer Alena Shautsova Finally, after long debates and preparations, the immigration reform Bill has been introduced for discussions and its draft has been made available for public review. Why do we say "a draft"? Because until it is actually adopted as the law the draft is only a proposal. It means that some of the propose https://www.shautsova.com/law-publications/deportation-us-supreme-court-drug-possession.html https://www.shautsova.com/law-publications/deportation-us-supreme-court-drug-possession.html Author: Deportation Lawyer Alena Shautsova Immigrants who commit an aggravated felony are subject to deportation under the Immigration and Nationality Act (INA) whether they have legal status and are productive or are illegally present in the United States. The L.A. Times recently reported that the U.S. Supreme Court ruled seven to two in the https://www.shautsova.com/law-publications/immigration-reform-boston-bombing.html https://www.shautsova.com/law-publications/immigration-reform-boston-bombing.html Author: US Immigration Lawyer Alena Shautsova The injury and death toll of the Boston marathon bombing reached 264 injured persons and three deaths. While the nation shifted its attention to this tragic event, the fact that the men accused of the bombing were two legal immigrants from Chechnya raised questions about national security and pro https://www.shautsova.com/law-publications/immigration-law-provision-status-violations.html https://www.shautsova.com/law-publications/immigration-law-provision-status-violations.html Author: US Immigration Attorney Alena Shautsova In 2006, Colorado passed a law requiring that law enforcement officials report people who were suspected of immigration law violations to federal authorities. At the beginning of April, 2013, the Colorado legislature repealed this immigration law provision. According to a Fox News article, test https://www.shautsova.com/law-publications/indiana-immigration-law-struck-down-federal-judge.html https://www.shautsova.com/law-publications/indiana-immigration-law-struck-down-federal-judge.html Author: US Immigration Attorney Alena Shautsova The Indiana immigration bill allowed authorities to arrest non-citizens without the use of warrants and prevented immigrants from using consular ID cards as a means of identification. However, according to a Reuter's article, the American Civil Liberties Union (ACLU) brought a class-action lawsu https://www.shautsova.com/law-publications/h-1b-visa-cap.html https://www.shautsova.com/law-publications/h-1b-visa-cap.html Author: US Visa Attorney Alena Shautsova An H-1 B Visa is a non-immigrant visa that permits employers to hire foreign workers with specialty occupation skills on a temporary basis. When the sponsoring employer dismisses the worker or the worker quits, workers must apply for a status change to remain legally in the United States. Status change ofte https://www.shautsova.com/law-publications/immigration-bill-citizenship-contingent-tightened-border-security.html https://www.shautsova.com/law-publications/immigration-bill-citizenship-contingent-tightened-border-security.html Author: US Immigration Attorney Alena Shautsova As The Immigration Bill Nears Its Final Draft, Two Top Issues Emerge: Citizenship Contingent On Tightened Border Security Senators comprising the gang of eight are expected to release the final draft for the long-awaited immigration bill this week. However, it appears that the thorny issue in gettin https://www.shautsova.com/law-publications/us-immigration-forms.html https://www.shautsova.com/law-publications/us-immigration-forms.html Author: New York Immigration Attorney Alena Shautsova Any application or petition for Immigration benefits starts with submission of immigration forms. All immigration forms can be located at www.uscis.gov website, and they are free. Immigration forms are usually posted in the PDF fillable format, but some of the forms are easier to be filled out https://www.shautsova.com/law-publications/sexual-harassment-actionable.html https://www.shautsova.com/law-publications/sexual-harassment-actionable.html Author: Sexual Harassment Attorney Alena Shautsova When sexual harassment occurs and involves individuals in notable government positions, it generally creates quite a scandal and can become high profile in the news. Such is the case with Assemblyman Vito Lopez who was accused of sexual harassment by two female staff members. Both claimed that he https://www.shautsova.com/law-publications/green-card-through-asylum.html https://www.shautsova.com/law-publications/green-card-through-asylum.html Author: Asylum Attorney Alena Shautsova One of the ways to obtain U.S. permanent resident status known as US green card and citizenship is through asylum status. Asylum status can be afforded to an applicant who is unwilling or unable to return to his/her home country due to the fear of persecution or because he/she has been persecuted there befo https://www.shautsova.com/law-publications/deportation-processing-criminal-similar-different.html https://www.shautsova.com/law-publications/deportation-processing-criminal-similar-different.html Author: Deportation Lawyer Alena Shautsova When facing deportation, it helps to know what the legal process involves and also to have a competent immigration lawyer to help defend your rights. Despite the fact that deportation is a civil or administrative procedure it bears similarities to the criminal justice process for arrest and booking. When https://www.shautsova.com/law-publications/bring-fiance-united-states-green-card-marriage.html https://www.shautsova.com/law-publications/bring-fiance-united-states-green-card-marriage.html Author: Green Card Lawyer Alena Shautsova Often, US Citizens would like to get married to a person from overseas, and then they face a question of how to bring the non-U.S. citizen to the United States. Generally speaking, it can be accomplished via these options: Fiance K-1 Visa This visa is suitable for those couples that are not sure if they https://www.shautsova.com/law-publications/uscis-forms-i-94-g-28.html https://www.shautsova.com/law-publications/uscis-forms-i-94-g-28.html Author: Visa Attorney Alena Shautsova USCIS published new rules regarding I-94 departure/arrival form. This form is primary evidence of one’s inspection and admission into the country. If the person has lost it and is unable to restore it, the person loses ability to prove that when entering the country he/she went through the point of entry and https://www.shautsova.com/law-publications/gang-of-eight-provisions-immigration-reform.html https://www.shautsova.com/law-publications/gang-of-eight-provisions-immigration-reform.html Author: Immigration Attorney Alena Shautsova The eight Senators, called the Gang of Eight, who are in charge of writing a bi-partisan bill for immigration reform reached an agreement about the most contested aspect of the bill. After weeks of deliberating over a draft, the senators came to a private agreement behind closed doors about a proposal f https://www.shautsova.com/law-publications/immigrant-driver-license-debate.html https://www.shautsova.com/law-publications/immigrant-driver-license-debate.html Author: Deportation Attorney Alena Shautsova The U.S. Department of Homeland Security (DOH) has stated that state officials in individual states can make their own determinations about issuing immigrants driver's licenses. Traditionally, states have had authority over making their own laws and regulations regarding driver's licenses. The Deferred https://www.shautsova.com/law-publications/renewal-vawa-immigrants.html https://www.shautsova.com/law-publications/renewal-vawa-immigrants.html Author: Discrimination Lawyer Alena Shautsova The Violence Against Women Act (VAWA) initially passed by Congress in 1994, was re-authorized in 2000 and 2005. However, reauthorization expired in 2011. In February 2013 Congress reauthorized and passed a revised VAWA. Under the revised VAWA, provisions also extend to women on Indian reservations and https://www.shautsova.com/law-publications/e-verify-2013-immigration-reform.html https://www.shautsova.com/law-publications/e-verify-2013-immigration-reform.html Author: Immigration Lawyer Alena Shautsova While Congress is polarized on many issues regarding immigration, one point they agree on is that E-Verify is crucial for immigration reform. The "gang of eight," which refers to the eight bipartisan senators planning immigration reform, included use of E-verify in their proposal as did the President in t https://www.shautsova.com/law-publications/family-immigration-immigration-reform.html https://www.shautsova.com/law-publications/family-immigration-immigration-reform.html Author: Family Immigration Lawyer Alena Shautsova Law Office of Alena Shautsova, a New York Immigration law firm located in Brooklyn, is assisting immigrants with family immigration and immigration reform. While millions of people are awaiting for Immigration reform, the Senators prepare for the Easter break, and indicated (according to the Washi https://www.shautsova.com/law-publications/ice-sequestration-budget-cut-information.html https://www.shautsova.com/law-publications/ice-sequestration-budget-cut-information.html Author: Deportation Lawyer Alena Shautsova Demand for Information Disclosure about Detainees Released under ICE's Sequestration Budget Cut As difficult as it has been for Congress to agree on many immigration issues, you can expect further controversy over ICE's release of immigration detainees based on the forced federal budget cut called seques https://www.shautsova.com/law-publications/state-immigration-laws-supreme-court.html https://www.shautsova.com/law-publications/state-immigration-laws-supreme-court.html Author: Immigration Attorney Alena Shautsova As the need for immigration law reform led many states to legislate their own immigration laws, various cases have been appealed before the U.S. Supreme Court and other District Courts for ruling. The State of Alabama passed a stringent immigration law known as HB56 that required schools to collect inf https://www.shautsova.com/law-publications/sexual-harassment-case-turn-over-social-media-email.html https://www.shautsova.com/law-publications/sexual-harassment-case-turn-over-social-media-email.html Author: Discrimination Attorney Alena Shautsova Be Ready to Turn Over Social Media and Email Account Information in a Sexual Harassment Case Judges routinely ask to review documents as part of discovery in a sexual harassment class action lawsuit. However, an interesting privacy issue emerged in one particular case where plaintiffs were seeking s https://www.shautsova.com/law-publications/potential-deportation-right-advised.html https://www.shautsova.com/law-publications/potential-deportation-right-advised.html Author: Deportation Attorney Alena Shautsova When you face criminal charges, authorities must inform you that you have the right to remain silent and that anything you say can be held against you in a court of law. They must tell you about your right to a lawyer and that if you cannot afford an attorney, the court will appoint counsel. However, wh https://www.shautsova.com/law-publications/green-card-through-marriage-documents-needed.html https://www.shautsova.com/law-publications/green-card-through-marriage-documents-needed.html Author: Green Card Attorney Alena Shautsova After a US citizen marries a non-citizen, if non-citizen desires to receive an Immigration status while in the US, the couple will need to submit certain application forms and supporting documents to the USCIS so that the non-citizen can adjust status to become a permanent resident or a green cardholde https://www.shautsova.com/law-publications/stay-usa-legally-immigration-reform.html https://www.shautsova.com/law-publications/stay-usa-legally-immigration-reform.html Author: Immigration Attorney Alena Shautsova The Immigration reform is inevitable, and many should consider preparing for it and/or taking advantage of the recent changes that were adopted by the USCIS. How to prepare for the new immigration reform? Even though President Obama has outlined the main points for the immigration reform, currently, t https://www.shautsova.com/law-publications/help-separated-families-act-deportation.html https://www.shautsova.com/law-publications/help-separated-families-act-deportation.html Author: Deportation Lawyer Alena Shautsova Deportation has separated children from their families even when the children are U.S. citizens. In July of 2012, U.S. Representative Lucille Roybal-Allard introduced an immigration bill called The Help Separated Families Act, H.R. 6128 to deal with this problem. The number of U.S. citizen children placed https://www.shautsova.com/law-publications/same-sex-partners-marriage-petitions.html https://www.shautsova.com/law-publications/same-sex-partners-marriage-petitions.html Author: Immigration Attorney Alena Shautsova Toward the end of 2012, the New York Daily News reported that the U.S. Court of Appeals for the Second Circuit ruled on a case that could lead to a major change in immigration law. The court ruled that the Defense in Marriage Act (DOMA) is unconstitutional. In December, the U.S. Supreme Court agreed to https://www.shautsova.com/law-publications/ice-agents-suing-dhs.html https://www.shautsova.com/law-publications/ice-agents-suing-dhs.html Author: Deportation Attorney Alena Shautsova Judge Allows Case to Go Forward for ICE Agents Suing the Department of Homeland Security 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 Mor https://www.shautsova.com/law-publications/recent-bi-partisan-effort-immigration-reform.html https://www.shautsova.com/law-publications/recent-bi-partisan-effort-immigration-reform.html Author: Immigration Attorney Alena Shautsova A bi-partisan group of Senators consisting of four Democrats and four Republicans recently released a plan for comprehensive immigration reform to be used as a springboard for legislation that fills in the details. The group consisted of the following: Chuck Schumer (D-NY), Dick Durbin (D-IL), Michael B https://www.shautsova.com/law-publications/whatis-daca-complications.html https://www.shautsova.com/law-publications/whatis-daca-complications.html Author: Immigration Attorney Alena Shautsova DACA is an acronym frequently popping up in the news and it refers to the federal program called Deferred Action for Childhood Arrivals. The program allows individuals who came to the United States as children and who meet certain qualifications to request deferred action against removal for two years. https://www.shautsova.com/law-publications/notario-fraud-impede-immigration.html https://www.shautsova.com/law-publications/notario-fraud-impede-immigration.html Author: Law Office of Alena Shautsova Unfortunately, immigrants looking for an easy solution to immigration problems may fall prey to notario fraud. The American Bar Association explains that notario fraud involves individuals who fraudulently represent themselves as attorneys and say they can handle your immigration issues before the United State https://www.shautsova.com/law-publications/tips-interactions-uscis.html https://www.shautsova.com/law-publications/tips-interactions-uscis.html Author: Immigration Attorney Alena Shautsova Immigration attorneys and immigrants are interacting with the USCIS on a regular basis, whether they want to or not. Here are some practical tips that may be useful to those who receive and send forms to the USCIS and follow up on them. G-28 Form has to contain original signatures of attorney and th https://www.shautsova.com/law-publications/who-can-benefit-from-provisional-waiver.html https://www.shautsova.com/law-publications/who-can-benefit-from-provisional-waiver.html Author: 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 https://www.shautsova.com/law-publications/immigration-reform-georgia-state-law-new.html https://www.shautsova.com/law-publications/immigration-reform-georgia-state-law-new.html Author: 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 https://www.shautsova.com/law-publications/us-asylum-facing-gang-violence-native-countries.html https://www.shautsova.com/law-publications/us-asylum-facing-gang-violence-native-countries.html Author: 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 https://www.shautsova.com/law-publications/us-citizenship-immigrant-marriage-petitions.html https://www.shautsova.com/law-publications/us-citizenship-immigrant-marriage-petitions.html Author: 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 https://www.shautsova.com/law-publications/sexual-harassment-case-against-waffle-house-chairman.html https://www.shautsova.com/law-publications/sexual-harassment-case-against-waffle-house-chairman.html Author: 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 https://www.shautsova.com/law-publications/whatis-secure-communities-program.html https://www.shautsova.com/law-publications/whatis-secure-communities-program.html Author: 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 https://www.shautsova.com/law-publications/deportation-defense-new-york-immigration-court-icehold.html https://www.shautsova.com/law-publications/deportation-defense-new-york-immigration-court-icehold.html Author: 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 https://www.shautsova.com/law-publications/ice-discontinues-287g-access-immigration-nationality-act.html https://www.shautsova.com/law-publications/ice-discontinues-287g-access-immigration-nationality-act.html Author: 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 https://www.shautsova.com/law-publications/president-obama-plans-tackle-immigration-reform.html https://www.shautsova.com/law-publications/president-obama-plans-tackle-immigration-reform.html Author: 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 https://www.shautsova.com/law-publications/asylum-seekers-standard-proof-persecution.html https://www.shautsova.com/law-publications/asylum-seekers-standard-proof-persecution.html Author: 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 https://www.shautsova.com/law-publications/uscis-detainers-serious-felonies-trigger-detention.html https://www.shautsova.com/law-publications/uscis-detainers-serious-felonies-trigger-detention.html Author: US Immigration Lawyer Alena Shautsova USCIS reconsider its policy on detainer issuance and on December 21, 2012 issued a new Memo confirming that only serious misdemeanors and felony charges and/or convictions will trigger issuance of immigration detainers. It is a well-known fact that when a person who is not a US citizen is charged with https://www.shautsova.com/law-publications/asylum-seekers-basis-membership-social-group.html https://www.shautsova.com/law-publications/asylum-seekers-basis-membership-social-group.html Author: US Asylum Lawyer Alena Shautsova United States asylum seekers may qualify for asylum on five grounds: race, nationality, religion, political opinion, and membership in a particular social group. Refugees or asylum seekers are aliens who are unable or unwilling to return to their native country “because of persecution or a well founded fear https://www.shautsova.com/law-publications/green-card-adjustment-of-status-criminal-conviction.html https://www.shautsova.com/law-publications/green-card-adjustment-of-status-criminal-conviction.html Author: US Green Card Lawyer Alena Shautsova A non- US citizen who has a criminal conviction in the United States may still be eligible to adjust status to one of a permanent resident. Every criminal conviction must be analyzed separately and together with the any other criminal convictions that an alien has. When applying for an adjustment of st https://www.shautsova.com/law-publications/ice-knotsofast-marriage-fraud-greencard.html https://www.shautsova.com/law-publications/ice-knotsofast-marriage-fraud-greencard.html Author: US Green Card Lawyer Alena Shautsova The Immigration authorities continue to fight marriage fraud. Recently they announced new criminal convictions based on the charge of marriage fraud for immigration purposes. The accused were provided with a jury trial, and juries found three of the accused guilty. Judging by the last names, at least https://www.shautsova.com/law-publications/avoid-deportation-charged-shoplifting-innocent.html https://www.shautsova.com/law-publications/avoid-deportation-charged-shoplifting-innocent.html Author: US Deportation Lawyer Alena Shautsova I receive frequent inquiries from non US citizens (people who are in the US on F1 or B1 visa; or those with a green card but no citizenship) who ask me the same question: if they were charged with a shoplifting charge, do they have to prove their innocent to avoid deportation? First, a person accused https://www.shautsova.com/law-publications/domestic-violence-asylum.html https://www.shautsova.com/law-publications/domestic-violence-asylum.html Author: US Asylum Lawyer Alena Shautsova Very often, the laws of the foreign countries do not protect women- victims of domestic violence. If the acts of violence and abuse happened in the US, the protections afforded are quite strong and vary from Orders of Protection to possibility of receiving VAWA based green card, or a U visa. However, may a https://www.shautsova.com/law-publications/how-can-win-sexual-harassment-case.html https://www.shautsova.com/law-publications/how-can-win-sexual-harassment-case.html Author: Employment discrimination attorney Alena Shautsova Sexual harassment at work is prohibited. Very often, however, female employees are afraid to go forward with the claims and complaints against their employer because they are afraid to lose their jobs, afraid that the employer will make a “bad name” for them and they will have hard time https://www.shautsova.com/law-publications/continuous-presence-cancellation-removal.html https://www.shautsova.com/law-publications/continuous-presence-cancellation-removal.html Author: New York Deportation Attorney Alena Shautsova You probably have heard that if a person entered the country illegally, “nothing can help him” to obtain legal status in the United States even if she/he marries a US citizen. Well, it is not quite true. It is very difficult for such a person to obtain a status, to wit: most of the time they https://www.shautsova.com/law-publications/us-embassy-tel-aviv-conflict-middle-east.html https://www.shautsova.com/law-publications/us-embassy-tel-aviv-conflict-middle-east.html Author: New York Attorney Alena Shautsova www.usembassy.gov/israel/ The US Embassy in Tel Aviv operated in an emergency mode on November 16, 2012. The same warning was issued for November 19, 2012. The Embassy temporarily relocated its personnel to a safer area, and it hopes that its advance security measures will be sufficient to avoid loss. T https://www.shautsova.com/law-publications/deadly-mistakes-may-cost-immigration-status.html https://www.shautsova.com/law-publications/deadly-mistakes-may-cost-immigration-status.html Author: New York Immigration Attorney Alena Shautsova Many of perspective clients who come to my office for a consultation ask me: does having a lawyer really help my case? Will the Immigration think that I did something bad and need a lawyer because of it? Can I file myself? While you can certainly try to file / apply for benefits yourself, here https://www.shautsova.com/law-publications/harassment-domestic-workers.html https://www.shautsova.com/law-publications/harassment-domestic-workers.html Author: New York Discrimination Attorney Alena Shautsova Many home attendants and home health aids in New York are not aware that under the New York State law they are protected against sexual harassment and discrimination. Unfortunately, the Federal Law, Title VII does not provide such protection because it requires an employer to employ 15 and m https://www.shautsova.com/law-publications/cancellation-removal-non-permanent-residents.html https://www.shautsova.com/law-publications/cancellation-removal-non-permanent-residents.html Author: US deportation lawyer Alena Shautsova Cancellation of removal is one of the forms of relief (defense) from removal (deportation). There can be different types of cancellation of removal: for permanent residents, for VAWA beneficiaries, and for certain aliens covered by special laws, and for non- permanent residents. In this publication, https://www.shautsova.com/law-publications/usa-asylum-file-application-process.html https://www.shautsova.com/law-publications/usa-asylum-file-application-process.html Author: US Asylum lawyer Alena Shautsova Filing for asylum might be confusing for many applicants. This article cannot substitute attorney’s in person advice. WHEN CAN I FILE FOR AN ASYLUM? A person may file for asylum after he/she entered the United States and is still in the lawful status; when the status expired; when the person is an EWI (en https://www.shautsova.com/law-publications/uscis-reschedule-appointments-canceled-sandy.html https://www.shautsova.com/law-publications/uscis-reschedule-appointments-canceled-sandy.html Author: New York Immigration Lawyer Alena Shautsova The USCIS issued the following notice regarding canceled appointments and other Sandy’s affects: USCIS extends sincerest sympathies to all who were impacted by Hurricane Sandy. We will make every effort to assist USCIS customers who may have been affected, and as a result, have difficulties wi https://www.shautsova.com/law-publications/bia-single-offence-rule-ina-more-one-crime.html https://www.shautsova.com/law-publications/bia-single-offence-rule-ina-more-one-crime.html Author: New York Immigration Lawyer Alena Shautsova On October 23, 2012, the Board Of Immigration Appeals (the "BIA") issued a decision that may help many immigrants with criminal convictions. The board held that if multiple convictions were based on a single incident, the "e;single offence"e; rule under INA deportation provisions of section 237 https://www.shautsova.com/law-publications/i-601-provisional-waivers.html https://www.shautsova.com/law-publications/i-601-provisional-waivers.html Author: New York Immigration Lawyer Alena Shautsova As many of you may have heard, the USCIS office announced its reform for filing and processing of I-601 provisional waivers for immediate relatives of the United States citizens. Read more here However, to this date, the Provisional Waiver is NOT IN EFFECT. The purported reform would allow quali https://www.shautsova.com/law-publications/daca-updates-relief.html https://www.shautsova.com/law-publications/daca-updates-relief.html Author: New York Immigration Lawyer Alena Shautsova As many young people continue to submit their forms for DACA relief, the expected number of the applications has not been reached. See the graph here. Amongst many reasons, are: The fear that If Obama is not reelected, Romney will close the program and deport the applicants who disclosed thei https://www.shautsova.com/law-publications/lost-green-card-transportation-letter-boarding-foil.html https://www.shautsova.com/law-publications/lost-green-card-transportation-letter-boarding-foil.html Author: 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 https://www.shautsova.com/law-publications/how-file-asylum-partthree.html https://www.shautsova.com/law-publications/how-file-asylum-partthree.html Author: 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 https://www.shautsova.com/law-publications/how-file-asylum-declaration-affidavit.html https://www.shautsova.com/law-publications/how-file-asylum-declaration-affidavit.html Author: 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 https://www.shautsova.com/law-publications/motion-reopen-after-removal-order.html https://www.shautsova.com/law-publications/motion-reopen-after-removal-order.html Author: 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 https://www.shautsova.com/law-publications/how-file-asylum-procedure.html https://www.shautsova.com/law-publications/how-file-asylum-procedure.html Author: 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 https://www.shautsova.com/law-publications/immigration-hold-detainer-bond.html https://www.shautsova.com/law-publications/immigration-hold-detainer-bond.html Author: 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 https://www.shautsova.com/law-publications/students-ordered-self-deport.html https://www.shautsova.com/law-publications/students-ordered-self-deport.html Author: 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 https://www.shautsova.com/law-publications/advance-parole-must-asked-advance.html https://www.shautsova.com/law-publications/advance-parole-must-asked-advance.html Author: 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 https://www.shautsova.com/law-publications/usa-green-card-child-protection-status-act.html https://www.shautsova.com/law-publications/usa-green-card-child-protection-status-act.html Author: 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 https://www.shautsova.com/law-publications/defense-witness-deportation-removal.html https://www.shautsova.com/law-publications/defense-witness-deportation-removal.html Author: 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 https://www.shautsova.com/law-publications/uscis-answers-important-questions-regarding-daca.html https://www.shautsova.com/law-publications/uscis-answers-important-questions-regarding-daca.html Author: US immigration lawyer Alena Shautsova The USCIS just published its answers to the most important questions that many DACA applicants have been struggling with from the beginning of the program. The answers clarify the following questions: New - Q2: May I travel outside of the United States before USCIS has determined whether to defer a https://www.shautsova.com/law-publications/sexual-harassment-work.html https://www.shautsova.com/law-publications/sexual-harassment-work.html Author: NY lawyer Alena Shautsova As life shows, a person can become a victim of sexual harassment at any place: big or large firm, private or public sector. Recent news on the subject just prove the point read the story here. Frequently, victims do not go forward against their employers being afraid of scandals, future retaliation, and gossips. https://www.shautsova.com/law-publications/new-visas-russia-cheaper-longer-period.html https://www.shautsova.com/law-publications/new-visas-russia-cheaper-longer-period.html Author: US visa lawyer Alena Shautsova Recently, the US and Russia came to an agreement that they both will simplify the application process for tourist and business visas to these countries. The agreement will enter into effect on September 9, 2012. Please see usembassy.gov/russia/. Russian citizens may visit ustraveldocs.com/ru/ for specific ins https://www.shautsova.com/law-publications/migrant-workers-apply-daca-relief.html https://www.shautsova.com/law-publications/migrant-workers-apply-daca-relief.html Author: 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 https://www.shautsova.com/law-publications/discrimination-claims-increases.html https://www.shautsova.com/law-publications/discrimination-claims-increases.html Author: 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 https://www.shautsova.com/law-publications/deferred-action-application-childhood-arrivals.html https://www.shautsova.com/law-publications/deferred-action-application-childhood-arrivals.html Author: 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 https://www.shautsova.com/law-publications/discrimination-lawsuit-doj.html https://www.shautsova.com/law-publications/discrimination-lawsuit-doj.html Author: 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 https://www.shautsova.com/law-publications/deferred-action-uscis-program-young-people.html https://www.shautsova.com/law-publications/deferred-action-uscis-program-young-people.html Author: 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 https://www.shautsova.com/law-publications/california-trust-act-arizona-immigration-law.html https://www.shautsova.com/law-publications/california-trust-act-arizona-immigration-law.html Author: 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 https://www.shautsova.com/law-publications/civil-rights-groups-arizona-immigration-law.html https://www.shautsova.com/law-publications/civil-rights-groups-arizona-immigration-law.html Author: 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 https://www.shautsova.com/law-publications/same-sex-marriage-lawsuit-doma-applied-immigration.html https://www.shautsova.com/law-publications/same-sex-marriage-lawsuit-doma-applied-immigration.html 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 https://www.shautsova.com/law-publications/us-supreme-court-arizona-immigration-law.html https://www.shautsova.com/law-publications/us-supreme-court-arizona-immigration-law.html 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 https://www.shautsova.com/law-publications/labor-immigration-law-cases-apply.html https://www.shautsova.com/law-publications/labor-immigration-law-cases-apply.html 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 https://www.shautsova.com/law-publications/new-york-workplace-bill-bullying-harassment.html https://www.shautsova.com/law-publications/new-york-workplace-bill-bullying-harassment.html Author: discrimination lawyer Alena Shautsova Bullying has been a hot button in the news for some time, often providing detailed descriptions of the devastation that school children experience when they are victims of bullying. A particular bullying incident involving a Massachusetts high school student, Phoebe Prince, led to national media headli https://www.shautsova.com/law-publications/obama-administration-work-rights-young-undocumented-immigrants.html https://www.shautsova.com/law-publications/obama-administration-work-rights-young-undocumented-immigrants.html Author: Law firm of Alena Shautsova The Obama Administration recently made a bold move by taking allowing thousands of young undocumented immigrants to remain in the United States. The implemented policy change takes away fear of deportation or procuring a driver's license and allows immigrants to work legally in the country https://www.shautsova.com/law-publications/medical-leave-act-discrimination.html https://www.shautsova.com/law-publications/medical-leave-act-discrimination.html Author: discrimination lawyer Alena Shautsova As long as actions are not discrimination based, employers can fire, demote, discipline, or take any other legitimate employment action against employees who are on a Family Medical Leave Act (FMLA) authorized leave. However, an employer cannot terminate you because you took an authorized FMLA leave. https://www.shautsova.com/law-publications/appellate-court-rules-doma-unconstitutional.html https://www.shautsova.com/law-publications/appellate-court-rules-doma-unconstitutional.html Author: Alena Shautsova Marriage is a union of a man and a woman according to the Defense of Marriage Act (DOMA), a federal law. However, the First U.S. Circuit Court of Appeals in Boston has just ruled that DOMA is unconstitutional. States have been divided on gay marriages for some time now with some states passing laws that allow gay marriage https://www.shautsova.com/law-publications/pregnant-women-rights-discrimination-newyork.html https://www.shautsova.com/law-publications/pregnant-women-rights-discrimination-newyork.html Author: discrimination attorney Alena Shautsova Many women are in the workforce today, and despite holding jobs, many also plan on having families. Is it fair for an employer to deny women the same rights as other employees when they become pregnant? The answer is "no." Various laws that protect women's rights in New York include: The Pregnan https://www.shautsova.com/law-publications/ice-deport-immigrants-criminal-records.html https://www.shautsova.com/law-publications/ice-deport-immigrants-criminal-records.html Author: Immigration lawyer Alena Shautsova Mid May, U.S. Immigration and Customs Enforcement (ICE) reorganized its efforts to beef up ICE fugitive search teams all over the country. The focus is on locating and deporting undocumented immigrants with criminal records. According to an article in the L.A. Times the number of agents tasked to these te https://www.shautsova.com/law-publications/undocumented-immigrant-law-degrees.html https://www.shautsova.com/law-publications/undocumented-immigrant-law-degrees.html Author: Law Office of Alena Shautsova California must deal with an immigration issue that other states may soon face as well. An undocumented immigrant, who came to the United States with his parents when he was 17 is now 35 and has obtained a law degree in California. His name is Sergio C. Garcia. The State Bar of California certified Garcia base https://www.shautsova.com/law-publications/undocumented-immigrants-higher-degrees.html https://www.shautsova.com/law-publications/undocumented-immigrants-higher-degrees.html Author: Immigration attorney Alena Shautsova The purpose of any national law is to lay ground rules that safeguard its people and promote the country's growth and well-being. Current U.S. immigration laws have not kept up with the times. While proposed solutions for reform differ, politicians from both camps, the left and right, agree on the need https://www.shautsova.com/law-publications/women-right-equal-pay.html https://www.shautsova.com/law-publications/women-right-equal-pay.html Author: Law firm of Alena Shautsova The Equal Pay Act of 1963 was signed into law by President John F. Kennedy to create a work environment where women could earn the same pay as men for performing equivalent jobs. Despite the passage of this law, a large gender gap still exists between the pay that women and men receive in the United States. Acco https://www.shautsova.com/law-publications/discrimination-criminal-background-checks.html https://www.shautsova.com/law-publications/discrimination-criminal-background-checks.html Author: Alena Shautsova Freedom from discrimination based on race, color, nationality, religion, sex, age, or disability is an integral part of our civil rights laws. Most businesses are aware that such discrimination is illegal. However, the Equal Employment Opportunity Commission (EEOC) recently updated a policy that affects how employers use cr https://www.shautsova.com/law-publications/immigration-lawyers-protect-immigrants-rights.html https://www.shautsova.com/law-publications/immigration-lawyers-protect-immigrants-rights.html Author: NY immigration lawyer of Alena Shautsova Undocumented immigrants can find themselves in a variety of situations where they may need to hire an immigration lawyer. Findlaw reported about a very interesting case with a different twist that involved an undocumented immigrant from Guatemala who bought a lottery ticket and won the jackpot. Nat https://www.shautsova.com/law-publications/denied-housing-based-immigration-status-illegal.html https://www.shautsova.com/law-publications/denied-housing-based-immigration-status-illegal.html Author: Law Office of Alena ShautsovaBecause immigration law is under federal jurisdiction, whether an appeal is heard by a U.S. Court of Appeals in New York or a U.S. Court of Appeals in Texas, it is still a federal ruling that can set a precedent for immigration law. Within the past few years, states and even municipalities have attempted their https://www.shautsova.com/law-publications/arizona-immigration-law-review-us-supreme-court.html https://www.shautsova.com/law-publications/arizona-immigration-law-review-us-supreme-court.html Author: immigration law firm of Alena Shautsova While the U.S. Supreme Court's review of Arizona's immigration law is underway, reports are coming in from numerous media outlets about the Supreme Court justices' questioning and oral arguments of both sides of the case. Both sides took the floor with Obama administration Solicitor General Donald Ve https://www.shautsova.com/law-publications/ice-continues-crack-down.html https://www.shautsova.com/law-publications/ice-continues-crack-down.html Author: Law Office of Alena Shautsova The Obama Administration has been in a tough spot regarding immigration, with advocates on both sides of immigration reform clamoring for their demands. States that feel the Administration has failed to enforce existing immigration laws have passed their own more stringent laws. Other states that favor immigr https://www.shautsova.com/law-publications/racial-discrimination-occur-anywhere.html https://www.shautsova.com/law-publications/racial-discrimination-occur-anywhere.html Author: NY discrimination lawyer Alena Shautsova New York Universities are known for their liberal outlooks and welcoming attitudes toward diversity. The New York metropolitan area is one of the most international populations in the country, consisting of people from diverse ethnic backgrounds, races, and religions. For this reason, one would not https://www.shautsova.com/law-publications/state-attempts-immigration-reform.html https://www.shautsova.com/law-publications/state-attempts-immigration-reform.html Author: immigration lawyer Alena Shautsova One of the more recent stands that the Obama Administration has taken regarding controversial state-passed immigration laws is its legal challenge against Alabama's new immigration laws. In 2011, Alabama passed some of the most stringent laws in the nation to deal with immigration violations. According to https://www.shautsova.com/law-publications/reported-harassment-rise.html https://www.shautsova.com/law-publications/reported-harassment-rise.html Author: Law Office of Alena Shautsova Sexual harassment has been an ongoing problem in the workplace since women became a significant part of the workforce and is considered harassment based on the person's sex. Sexual harassment can range from derogatory comments about a particular gender, such as "all women are..." to personal harassment toward https://www.shautsova.com/law-publications/demand-reform-treatment-detainees.html https://www.shautsova.com/law-publications/demand-reform-treatment-detainees.html Author: Attorney Alena Shautsova The New York University School of Law through an immigrant-rights clinic recently released a report indicating mistreatment of immigrant detainees held in Essex County. Conditions included denial of medical help, inadequate nutrition (1,000 to 1,500 calories a day), and unsanitary and freezing spaces. The 39 page https://www.shautsova.com/law-publications/whatis-e-verify-does-apply-new-york.html https://www.shautsova.com/law-publications/whatis-e-verify-does-apply-new-york.html Author: Law Office of Alena Shautsova According to the United States Citizenship and Immigration Services (USCIS), e-verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States. At a federal level, e-verify is a voluntary system for employers. However, some states have rece https://www.shautsova.com/law-publications/deportation-case-victory.html https://www.shautsova.com/law-publications/deportation-case-victory.html 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 https://www.shautsova.com/law-publications/avoid-immigration-scams.html https://www.shautsova.com/law-publications/avoid-immigration-scams.html 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 https://www.shautsova.com/law-publications/aggravated-felony-deportation-legal-immigrants.html https://www.shautsova.com/law-publications/aggravated-felony-deportation-legal-immigrants.html 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 https://www.shautsova.com/law-publications/previous-case-rulings-affect-deportation-decisionst.html https://www.shautsova.com/law-publications/previous-case-rulings-affect-deportation-decisionst.html 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 https://www.shautsova.com/law-publications/immigration-reform-lingers-states-pass-laws.html https://www.shautsova.com/law-publications/immigration-reform-lingers-states-pass-laws.html 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 https://www.shautsova.com/law-publications/undocumented-immigrant-victimized-domestic-violence.html https://www.shautsova.com/law-publications/undocumented-immigrant-victimized-domestic-violence.html 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 https://www.shautsova.com/law-publications/ARMS-act-lay-groundwork-DREAM-act.html https://www.shautsova.com/law-publications/ARMS-act-lay-groundwork-DREAM-act.html 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 https://www.shautsova.com/law-publications/usa-asylum-facts-statistics.html https://www.shautsova.com/law-publications/usa-asylum-facts-statistics.html 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) https://www.shautsova.com/law-publications/prosecutorial-discretion-relates-cancellation-removal.html https://www.shautsova.com/law-publications/prosecutorial-discretion-relates-cancellation-removal.html 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 https://www.shautsova.com/law-publications/dhs-different-deportation-reform-dream.html https://www.shautsova.com/law-publications/dhs-different-deportation-reform-dream.html 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 https://www.shautsova.com/law-publications/provisional-immigration-waivers.html https://www.shautsova.com/law-publications/provisional-immigration-waivers.html 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 https://www.shautsova.com/law-publications/file-asylum-application-after-deadline.html https://www.shautsova.com/law-publications/file-asylum-application-after-deadline.html Author: asylum lawyer Alena Shautsova Normally, an application for asylum should be filed within one year of applicants 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 Immigration Reform https://www.shautsova.com/law-publications/bring-family-usa-asylum.html https://www.shautsova.com/law-publications/bring-family-usa-asylum.html 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 https://www.shautsova.com/law-publications/child-immigration-bring-usa.html https://www.shautsova.com/law-publications/child-immigration-bring-usa.html 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 https://www.shautsova.com/law-publications/marriage-to-us-citizen.html https://www.shautsova.com/law-publications/marriage-to-us-citizen.html 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 https://www.shautsova.com/law-publications/wage-theft-prevention-act.html https://www.shautsova.com/law-publications/wage-theft-prevention-act.html 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 https://www.shautsova.com/law-publications/dui-dwi-conviction.html https://www.shautsova.com/law-publications/dui-dwi-conviction.html 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. https://www.shautsova.com/law-publications/using-social-media-prepare-destructive-cross-examination.html https://www.shautsova.com/law-publications/using-social-media-prepare-destructive-cross-examination.html 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 https://www.shautsova.com/law-publications/making-diamonds-adversary-coal.html https://www.shautsova.com/law-publications/making-diamonds-adversary-coal.html 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 we learn to https://www.shautsova.com/law-publications/law-cases-articles.html https://www.shautsova.com/law-publications/law-cases-articles.html 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