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 ...
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 ...
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. ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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