New York Lawyer's Legal Updates
TPS as Basis for Adjustment of Status
08 January 2015Author: Green Card Attorney Alena Shautsova Temporary Protected Status (“TPS”) allows a person to stay in the US legally and work because the conditions in the person’s country are so unfortunate that the US government allows a person not to return there. The current list of countries designated for TPS can be found at USCIS website.... For exa ...
Changed Country Conditions: Filing Asylum After One Year Deadline
08 January 2015Author: New York Asylum Attorney Alena Shautsova Under the current law, a person seeking asylum must file his/her claim within one year of entering the US. An entry to the U.S. can be verified by evidence of inspection and admission; documents proving that the undocumented person was stopped at the border or by presenting a detailed affidavit desc ...
When Jurisdiction Exists To Challenge ICE For The Denial Of Bond
29 December 2014Author: Deportation Attorney Alena Shautsova ICE will have sole discretion and jurisdiction of an Immigration Judge does not exist to challenge the bond or parole determination in the following instances: That of an “Arriving Alien” whether they are a Lawful permanent resident or not. Individuals subject to mandatory detention. Individuals ch ...
ICE Denial Of Bond, Is It Still Possible To Receive Bond Or Parole?
29 December 2014Author: Deportation Lawyer Alena Shautsova Yes, in certain instances after ICE has denied a bond you may appeal through “Judicial Review”. If jurisdiction exists you may be eligible for an appeal through judicial review if all of the following can be proven: ICE has abused its power – when the government deems the release of the petitioner pos ...
Parole for Children from Honduras, El Salvador and Guatemala
09 December 2014Author: Asylum Attorney Alena Shautsova USCIS has announced another important initiative for parole for children from Honduras, El Salvador and Guatemala to request to bring their children to the United States as refugees via US Refugee Admission Program (“RAP”). The applications will be considered on a case by case basis, and if there are strong ...
Obama Administrative Immigration Reform: Who Can Benefit?
09 December 2014Author: New York Immigration lawyer Alena Shautsova The long waited administrative immigration reform has been announced (please see Obama Immigration Reform). However, there are a lot of rumors as to who can qualify and what the immigration reform actually is… First of all, the announced administrative action is not an amnesty that will help al ...
Obama Immigration Reform
24 November 2014Author: Immigration lawyer Alena Shautsova On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S ...
Can I Adjust My Status After Entering The Country On A Visa Waiver Program?
18 November 2014Author:Green Card Lawyer Alena Shautsova The rule of thumb for a person trying to adjust their status on a VWP (Visa Waiver Program) will be eligible for adjustment of status based on an immediate relative petition filed within the 90 day preauthorized period of stay. Make sure you are otherwise eligible for an Adjustment of Status. If you have ...
Sexual Harassment: When to Complain and the Consequences of Failure to Complain
11 November 2014Author: Discrimination Attorney Alena Shautsova Sexual harassment in the workplace can be devastating, whether it is a supervisor asking you to go for drinks after work on multiple occasions, or in more serious cases the forcing of unwanted sexual acts from a supervisor. If you feel threatened or uncomfortable at work due to the advances of a co-w ...
Deportation Defense: Options for Complicated Cases
05 November 2014Author: Deportation Attorney Alena Shautsova Removal or deportation proceeding is the name for administrative process during which an Immigration judge decides if a non-citizen should be sent back to his/her home country. To stay in the US, a non-citizen needs to provide a defense to the removal. Preparing a defense from deportation starts with ...