New York Lawyer's Legal Updates

The BIA Holds Single Offence Rule Under INA 237 May Include More Than One Crime

31 October 2012

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 ...

DACA Updates

31 October 2012

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 ...

Immigration Hold (DETAINER) and Bond

22 October 2012

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 ...

Advance Parole Must be Asked in Advance

11 October 2012

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 ...

USCIS Answers Important Questions Regarding DACA

15 September 2012

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 ...

May the Migrant Workers Apply for DACA Relief?

05 September 2012

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 ...

Deferred Action Application for Childhood Arrivals

29 August 2012

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 ...

Deferred Action

21 August 2012

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 ...

Two Extremes: California's TRUST Act And Arizona's Immigration Law

17 August 2012

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 ...

Civil Rights Groups Continue Challenging Arizona Immigration Law

12 August 2012

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 ...

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