New York Lawyer's Legal Updates
USCIS Special Motions To Reopen And Reconsider: Second Chance For Denied Cases
20 November 2020Author: NYC Immigration Lawyer Alena Shautsova A motion to reopen/reconsider is a tool that is used to correct an adverse or erroneous decision that was made by USCIS with regard to petitions and applications. Motions to reopen are available for almost all types of forms, even where appeals are not available: for example, a denied I 485 form for ...
New Rule Allowing USCIS To Challenge Marriage Fidelity In Denied Or Withdrawn Cases That Did Not Allege Marriage Fraud
14 November 2020Author: Green Card Attorney Alena Shautsova The title says it all. Recently a new ruling from the Board of Immigration Appeals (BIA) has made quite a change procedurally for marriage cases. Now, more than ever before it is important to have a record of a bona fide marriage when filing the case. USCIS has been pushing applicants to submit more th ...
Third Country Transit Bar To Asylum
12 November 2020Author: US Asylum Attorney Alena Shautsova Recently, the US asylum system underwent massive changes. The Trump administration proposed new regulations and changed the way the old regulations are enforced. One of them is the third country bar to asylum which may prevent one from getting asylum in the US. Basically, a person who travels to the Unit ...
US Asylum: Motion To Reopen Or Reconsider Affirmative Asylum Proceedings After Failing The Interview
29 October 2020Author: USA Asylum attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps clients with affirmative asylum process in the US. After USCIS changed its procedure for calling applicants for asylum interviews from a “first-come-first-serve” basis to a “last-in first-serve” basis, many people have found themselves stuck waiting for ...
The Most Important Factor For Success In US Asylum Proceedings: Get Out Of The Detention Center
23 October 2020Author: USA Deportation attorney Alena Shautsova In the US, detention centers have become the norm for immigrants fleeing from their home countries due to fear of persecution. Previously, when a person was apprehended (arrested) in the US, usually at the border or a port of entry if they immediately claimed asylum, they would be placed into remova ...
As If 2020 Couldn’t Get Any Worse: Expedited Removal Is Back
21 October 2020Author: USA Immigration Lawyer Alena Shautsova Plain and simple: Expanded Expedited Removal is Back. Here is a list of everyone who should not be placed into Expedited Removal Proceedings. If you are without status, or even a permanent resident in some situations, it is important to read this over and check to see if you fall under one of the exce ...
VAWA Benefits: From Self-Petition To Special Motion To Reopen
15 October 2020Author: USA Immigration Lawyer Alena Shautsova VAWA stands for Violence Against Women Act. It is a law that helps certain abused, beaten relatives of Lawful permanent residents and citizens to self-petition or obtain benefits in the US without the need of a relative, family-based I 130. Here, I will share some benefits and leniencies that the VAWA ...
Criminal Activity (CIMT) And Adjustment Of Status
03 October 2020Author: Green Card Attorney Alena Shautsova New York Immigration lawyer Alena Shautsova helps her clients to analyze their immigration status, and apply for permanent residency in the US. In doing so, we collect information about various aspects of a person’s life both in the US and abroad. It is important to collect accurate and up-to-date data a ...
How To Seek Release From Immigration Detention
03 October 2020Author: New York Deportation Lawyer Alena Shautsova New York Immigration lawyer Alena Shautsova helps her clients to be released from Immigration detention. A non-citizen in the US may be detained by Immigration authorities when he/she is found to have violated US Immigration laws, or, at times, there is a reason to believe he/she did. Of course, ...
Return Of The Public Charge: What You Need To Know
29 September 2020Author: USA Immigration Lawyer Alena Shautsova The infamous public charge rule is back, it is back for all of the states of the USA, including NY, CT, and VT. The rollercoaster with the public charge started after 2d Circuit Federal Court of Appeals ruled that the public charge rule should be stopped again; then the Court explained its decision st ...