New York Lawyer's Legal Updates
Marriage Fraud And 237(a)(1)(H) Waiver
20 October 2018Author: New York Immigration Lawyer Alena Shautsova False statements during the immigration process generally make a person inadmissible and deportable but eligible for a waiver. However, some particular statements come with even worse consequences: permanent bar from the US and disqualifier for any immigration benefits. For example, claims to US ...
Renewing I 485 Application In Immigration Court
12 October 2018Author: New York Deportation Attorney Alena Shautsova Adjustment of status application I 485 is usually filed with USCIS. In fact, it has to be filed with USCIS unless the person in removal proceedings. In removal proceedings, only the Immigration Judge will have jurisdiction to make a decision on I 485 form apart form certain very narrow except ...
Asylum Interview: Current Scheduling Times
04 October 2018Author: US Asylum Attorney Alena Shautsova In early 2018, DHS changed drastically its practices related to the scheduling of asylum interviews. If previously an applicant for asylum could stay in line for the interview for years, nowadays more than 50% of cases are scheduled for the interview within 43 days of the filing dates. It means that those ...
New NTA Policy Starting October 1, 2018
28 September 2018Author: New York Immigration Attorney Alena Shautsova NTA or Notice to Appear is a charging document with the filing of which starts a removal (deportation) proceeding against a person in the US. Ordinary, it would be ICE (or immigration “police”) that would issue an NTA after it determined there are grounds for a person’s removal from the US. P ...
Warning: New Regulations Regarding Public Charge Will Affect Thousands
26 September 2018Author: New York Immigration Lawyer Alena Shautsova DHS has published an advance copy of the Public Charge Rogations. A “public charge” inadmissibility ground has been in the US laws for a long time, but the way the government officials were have been considering cases now is going to change. Ordinarily, when a person is being sponsored for a ...
Automatic Citizenship For Children: Custody Issue
23 September 2018Author: New York citizenship attorney Alena Shautsova When a parent naturalizes and has children under 18 years old on the date of the naturalization, typically, the Immigration officers will remind that parent that now he/she should file and obtain US passports for those children. Sometimes, however, the things do not work out the way we plan. ...
Matter Of BERMUDEZ-COTA
07 September 2018Author: New York Immigration Lawyer Alena Shautsova Just a few months ago, the entire Immigration community became very excited after the US Supreme Court held that the Notice to Appear that does not list specific date and time for the hearing cannot be used for the “stop-time” rule purposes, opening the door for thousands of immigrants to reope ...
How A Deferral To A New Semester Kills Your Change Of Status Application
17 August 2018Author: US Visa Attorney Alena Shautsova You filed an application not change status in the US to become a student here. You previously had an H1B, B, or some other status and decided it would be a good idea to get a degree in the US. You applied for a change of status while you were still in status; you obtained I 20, SEVIS registration, paid the ...
New Standards For Continuance Requests In Immigration Court
17 August 2018Author: New York Immigration Attorney Alena Shautsova A continuance in Immigration court can be a necessity: you might need to ask the Immigration judge to postpone your hearing for a later date because you submitted a petition/application for USCIS and its outcome will determine your case; or because you need more time to find an attorney; or bec ...
I 601A Waiver Revocation Based On Public Charge
08 August 2018Author: I 601A Waiver Attorney Alena Shautsova I 601A waiver allows an individual to return to the US when otherwise inadmissible due to unlawful presence. The good thing about this waiver that a person can stay in the US while waiting for the decision to be made on the waiver, and the person does not have to leave the US if the waiver is not appr ...