Author: New York Immigration lawyer Alena Shautsova
Many immigrants are in suspense as to how new immigration laws will impact their status and pending immigration petitions. In particular, petitions filed on behalf of siblings, as the draft of the Immigration reform bill eliminates this category.
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Immigration Reform bill is here! It was released today and is expected to be introduced before Senate next week.
The outline of the Immigration Reform bill is available here .
Политическое убежище в США – статус при получении которого лицо может жить и работать в США и путешествовать заграницу.
Лицо должно подать на убещище в течение года по приезду в США. Однако, бывают исключения такие как болезнь, нахождение в легальном статусе, измениние обстоятельств в стране от которой лицо просит убежище. Если суд или иммиграционный офицер согласятся что смягчающия обстоятельства присутствовали, можно получить политическое убежище в США даже после пропуска годичного срока.
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BREAKING NEWS:
Author: New York Immigration attorney
An important agreement was reached in connection with asylum clock and ability of asylum seekers to obtain an EAD (employment authorization). The law states that if an application for asylum has been pending for more than 180 days, an asylum seeker can apply and be granted a work authorization.
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How to get citizenship is a question of many immigrants. The immigration reform drafters are also discussing paths for citizenship for undocumented workers. However, no matter what they will decide, to get citizenship, one have to first obtain a green card or permanent resident status. Provided, of course, the laws will not be drastically changed in the nearest future.
The only way to get citizenship without obtaining permanent resident status first, is by being born on the US territory or by being born to or being adopted by the US citizens (provided other conditions for automatic citizenship are met).
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In March, 2013, USCIS started accepting applications for Provisional Waiver of Unlawful Presence, I-601A. The waiver can help those who are related to the U.S. citizens, and who came to the country illegally or overstayed their visas. In particular, the wavier can help former K-1 holders, former C1/D holders; EWI-s.
The provisional waiver cannot help those who have other inadmissibility issues such as criminal convictions, prior illegal entries, or claims of U.S. citizenship.
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Author: New York Immigration Lawyer Alena Shautsova
The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad. Under the current process, which continues to remain in effect, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States have to travel abroad and be found inadmissible at their immigrant visa interview before they can apply for an inadmissibility waiver.
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Supreme Court Ruled That Padilla Does Not Have A Retroactive Effect
Author: New York Criminal Immigration Lawyer Alena Shautsova
The case of Padilla v. Kentucky, 559 U. S. 356 (2010) was one of the most exciting decisions in the recent years which acknowledged the importance of Immigration advice for non-citizens at the time of criminal proceedings. It one more time confirmed that a non –citizen pleading guilty to a crime, even a misdemeanor sometimes essentially waives all his immigration rights and signs his own deportation order. The Padilla case effectively opened a door for non-citizens who were not provided a competent advice regarding the immigration consequences of their guilty pleas to file a motion to vacate their guilty pleas.
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Author: Immigration Attorney Alena Shautsova
On February 20, 2013, the United States Supreme Court held that Padilla does not have a retroactive effect and cannot be applied to convictions finalized prior to its decision.
The text of the opinion in Chaidez v. United States (2013) is availble here.
According to SCOTUS, Padilla created a new rule and it cannot be applied to those cases there were decided prior to its creation. Justice Sotomayor delivered a dissenting opinion, arguing that no new rule was created by Padilla.
TRAC Immigration releases report on subjects of ICE detainers.
http://trac.syr.edu/immigration/reports/310/
Surprisingly, the prevailing majority of those for whom the detainer is issued do not have criminal record: the charges either were dropped prior to os subsequently to the filing of the detainer.
Only a small percentage of all detained by the ICE committed a Level 1 serious offense.