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Same Sex Marriage After Marriage To A Person Of Opposite Sex

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 ...

Summary Of Recent Immigration Law Changes

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 ...

BIA Motion To Reopen SUA SPONTE

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 ...

When A State Marijuana-Related Arrest Or Activity Can Become A Citizenship Problem

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 ...

New Change Of Status I-539 Form

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 ...

Recapturing Priority Date For An Aged Out Children Of LPR

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 ...

VAWA And 212(h) Waiver

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 ...

Proposed Dream And Promise Act 2019

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 ...

RFE, NOID And NOIR: Can You Still Win Your Case?

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 ...

214(b) Visa Refusal: Can Legal Net Help?

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 ...