New York Lawyer's Legal Updates

President To Take Administrative Action to Start the Immigration Reform

04 July 2014

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 ...

Arrival/Departure Records Are Available Online

05 May 2014

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 ...

Post PERM Denial Notice By Department Of Labor: Appeal Or Reconsideration?

07 April 2014

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 ...

212(c) Waiver of Criminal Conduct for Lawful Permanent Residents

07 March 2014

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 ...

State of Immigration Reform: Will Be or Not Will Be?

05 February 2014

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 ...

Benefits, Results and Solutions to Authenticating Documents

24 September 2013

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 ...

How Important Is The Right To Representation In Immigration Court?

04 September 2013

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 ...

Immigration Reform Updates

04 August 2013

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 ...

BIA: DOMA Can No Longer Be Used Against Same Sex Couples

19 July 2013

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 I&N Dec. 158 (BIA 2013). It is probably the first BIA decision issued after the ...

What is Special Immigrant Juvenile Status (SIJS)?

03 July 2013

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 ...

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