New York Lawyer's Legal Updates

Understanding Temporary Protected Status

07 September 2015

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 ...

Simplified Eligibility Requirements To Qualify

01 August 2015

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 ...

Disclosure Of Criminal Record In Connection With Immigration Benefits

26 June 2015

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 ...

How To Receive Prosecutorial Discretion From ICE

03 April 2015

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 ...

When Jurisdiction Exists To Challenge ICE For The Denial Of Bond

29 December 2014

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 ...

ICE Denial Of Bond, Is It Still Possible To Receive Bond Or Parole?

29 December 2014

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 ...

Deportation Defense: Options for Complicated Cases

05 November 2014

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 ...

What To Do After ICE Arrests A Loved One

24 July 2014

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 ...

Get ICE Free: How To Get Released From Immigration Detention

02 January 2014

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 ...

How to Win a Deportation case: The truth about your case

12 December 2013

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 ...

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