New York Lawyer's Legal Updates
Are You an Undocumented Immigrant Victimized by Domestic Violence?
Author: Immigrant lawyer Alena Shautsova Immigrants subject to domestic violence by a spouse who is a permanent resident or U.S. citizen sometimes experience threats of arrest, deportation, or denied sponsorship as a means of manipulation to keep them from leaving a harmful relationship or calling the police. Domestic violence is also a problem fo ...
Will the ARMS Act lay groundwork for the DREAM act?
Author: Law Office of Alena Shautsova In 2010 the House of Representatives passed a bill called the DREAM Act (Development, Relief, and Education for Alien Minors) which allowed minor children of undocumented immigrants to obtain conditional permanent residency if they had lived for five continuous years here, were of good moral character, and gra ...
U.S. Asylum Facts and Statistics
Author: asylum lawyer Alena Shautsova Statistics provide a basis for comparison and help determine the estimated effort and probability of obtaining certain results. Some interesting facts and statistics about U.S. asylum and refugee statuses include: According to the Department of Homeland Security (DHS) ...
How Prosecutorial Discretion Relates to Cancellation of Removal
Author: Law Office of Alena Shautsova The legal term "prosecutorial discretion" has taken on a new emphasis and become a pivotal factor in the outcomes of certain deportation and removal cases. Prosecutorial discretion refers to "the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particula ...
DHS Takes a Different Tack with Deportation
Author: Law Office of Alena ShautsovaAttempted immigration reforms backed by the Obama administration included the 2010 DREAM Act (Development, Relief and Education for Alien Minors), which was a bill proposing that undocumented immigrants who met certain requirements and arrived in the United States as minors could have a path to citizenship. This ...
Provisional Immigration Waivers May Help Keep Families Together
Author: NY immigration lawyer Alena Shautsova If implemented, a new proposal to change certain immigration rules by the U.S. Citizenship and Immigration Services (USCIS) may bring relief to immigrant families. The change being considered would allow provisional waivers under the Immigration and Nationality Act prior to leaving the United States fo ...
Can I File My Asylum Application After the One Year Deadline?
Author: asylum lawyer Alena Shautsova Normally, an application for asylum should be filed within one year of applicant's last arrival to the United States. INA § 208(a)(2)(B). The 1-year period shall be calculated from the date of the alien's last arrival in the United States or April 1, 1997 whichever is later, under the Illegal Immigrat ...
Can I Bring my Family to the US After I Received an Asylum Status?
Author: Law Office of Alena Shautsova A person granted asylum in the United States may bring his spouse and children (unmarried and under 21 at the time the USCIS receives the application for asylum). Such an application (FORM I-730) has to be filed within the two years after the grant of asylum. However, failure to file wi ...
Who is a Child for Immigration Purposes
How One Can Bring Their Children to the US to Live With Them Author: lawyer Alena Shautsova Generally speaking, a "child" for Immigration purposes is an unmarried child under 21 years old. When the Immigration law refers to a "son" or "daughter", the law means a son or daughter who is married and/or over 21 years old. It is important to know this ...
Marriage to a US Citizen
Author: US Citizenship lawyer Alena Shautsova Marriage to a U.S. citizen is one of the ways for a non-U.S. citizen to gain the right to live and work permanently in the U.S. Adjustment Of Status Video Quite often, however, a person who decides to marry a U.S. citizen has already been in the country "illegally" for a prolonged period of t ...