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Supreme Court Ruled That Padilla Does Not Have A Retroactive Effect

February 26, 2013

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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No Padilla Retroactive Effect Scotus Holds

February 25, 2013

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.

ICE Detainers Targets

February 21, 2013

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.

Draft Of The Immigration Reform Act Leaked

February 19, 2013

Draft Of Immigration Bill Is Available

 USA Today reported on leaked parts of a draft White House immigration reform bill. The released portions – legalization, border security, interior enforcement, and worksite enforcement–take a moderate approach and are consistent with the broad principles the President issued a few weeks ago.
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Discrimination At Work Based On Immigration Status

February 15, 2013

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has released a new educational video to remind employers that they should not re-verify the employment authorization of lawful permanent resident workers when their Permanent Resident Cards expire. OSC’s new video illustrates that this practice is not permissible and may lead to a violation of the anti-discrimination provision. Watch the video in Spanish and English here. 
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Роды В США

February 13, 2013

Роды в США как путь к иммиграции.

Автор иммиграционный адвокат  США Елена Шевцова

Конституция США позволяет стать гражданином любому, родившемуся на ее территории. После родов  в США,  не-граждане родители ребенка не приобретают никаких специальных прав и без других оснований для нахождения в США должны покинуть страну. Но ребенок, рожденный в США, даже если он всю жизнь прожил за пределами страны имеет право на возвращение в США и если ему исполниолсь 21, может спонсировать своих родителей, в том числе отчима или мачеху. Рожденный в США ребенок может спонсировать свою супругу по достижении 18 лет.
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Can I File For Asylum if my Visa Expires?

February 4, 2013

Author: New York Asylum Attorney

Many asylum applicants are confused regarding the procedure of filing for asylum. Let’s say someone came here from Egypt (a country with recent change in country conditions) and now they face a question: shall they file for asylum in the US or shall they do it from their home country. Many potential applicants are afraid that by the time they prepare their application in the US, their visas will expire, and they become illegal.
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Obama’s Immigration Reform

January 30, 2013

Obama’s Immigration Reform

It seems that the White House is serious this time about a comprehensive Immigration reform, that would not just “patch” a torn tuxedo, but will give it a million dollar “face- lift.”

Here you can find a transcript of Obama’s today’s speech on Immigration Reform.

Immigration Reform: is it Possible?

January 29, 2013

We all agree that we need an Immigration reform.  It seems that a real breakthrough was achieved today… However, is it really possible to have a reform, and what main areas of law I believe need to be “reformed”?

First, I believe the rules of the adjustment of status have to be changed, allowing EWI (those who crossed the border) to get their green cards. I am not encouraging this type of “immigration”, but for many people who honestly worked and paid taxes and do not have criminal convictions, it would be a great help in trying to concentrate on their US citizen families and not on whether or not there is ICE behind the door.

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USCIS 800 Number Saturday Hours are Not For Attorneys

January 28, 2013

Author: New York Immigration Attorney Alena Shautsova

I was very excited to learn a couple weeks ago that the USCIS will provide its 800 service on Saturday.

I was very disappointed yesterday to learn that the Saturday service is useless if you are an attorney. A “TIER 2” Rep is required to answer the call when an attorney is on the online, and because a “TIER 2” Rep is not available on Saturdays, hence, I have to call back during the week.

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