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Category: Asylum in USA

Asylum in USA, Criminal Law, Deportation, Immigration To The USA, Uncategorized

DMV Denial of License

October 21, 2014

DMV Denial of License

New York Immigration lawyer Alena Shautsova

Have you recently moved from another state and had difficulties getting NY driver’s license? Were you totally confused? Were you blamed you are not a US citizen?

It happened to my client: a born US citizen who has spent several years in a different state, and when she came back to NY and decided to apply for NY driver’s license and report a change of her address, a lady at the DMV Manhattan office told her that …. she needs to present “more proof” that she in fact was a US citizen… hmm

My client actually presented a social security card; different state ID card; a US birth certificate; bank statements from different banks and utility bills. According to the DMV point system table she had enough points to get her NYS driver’s license.  Nevertheless, the clerk told her to apply for a US passport and come back…

The question was: did the DMV clerks look at their own point table? Or is it just anther document issued to confuse everybody and make people’s life more difficult?

This client is a US citizen, and eventually, after visiting a different DMV  location, she was able to get her license.

Many non-citizens, however, experience the same issue. The government passed the Real ID act which requires the DMV offices to check for the lawful immigrant status before issuing an ID to the applicant. However, DMV clerks are not attorneys and often they lack training to ascertain if a person is in fact in lawful immigration status or status that allows a person to receive a state ID or driver’s license.  For example, another client of mine, an applicant for asylum was denied Chicago State ID because the clerk there decided that his documents showing pending case with the Immigration Court were not sufficient to prove authorized stay in the US…

At the same time, there are people without lawful immigration status who were able successfully to extend their 8 years DMV licenses even after the Real ID act…

Recently, New York City voted to issue Id-s to everybody, regardless of their immigration status.

Maybe, it is time to change the rules?

Asylum in USA, Immigration To The USA

Solutions For Unaccompanied Minors

October 9, 2014

Asylum For Unaccompanied Minors

Author: New York Immigration attorney Alena Shautsova

Recent influx of children from South America posted serious questions in  front of the US government.  While the Obama administration promised an Immigration reform, it also decided to handle the cases of these children rather harshly: new immigration detention facility in Texas and surge dockets in Immigration courts do not look like measures that should address this crisis in a humane way.

Nevertheless, most of the children are eligible for some sort of relief. For example: asylum, Special immigrant juvenile status, U or T visa, and sometimes VAWA derivative status.

Most of the asylum claims of  unaccompanied children involve allegations of family or domestic violence or gang violence.

Special Immigrant Juvenile Status can be granted to those children who have a guardian or custodian in the US pursuant to a State judge’s court order. The child can submit application for SIJ as long as he/she is under 21 years old.

In New York, any person can serve as  a guardian, as long as he/she does not have disqualifying criminal convictions, and can demonstrate that he/she will be a suitable and reliable adult.

The fact that a child has one parent present in the US does not disqualify the child from the SIJ status.

Sometimes, the DHS issues an expedited order of removal against the child (for example, when the child is 18 years old, he/she can still qualify for SIJ status, but the Immigration treats him/her as an adult). Such an order will not be a bar to SIJ status. If, however, the child is placed in regular Immigration proceedings, and now is applying for SIJ, it is likely that the judge will not terminate the case until I 360 is approved.

Recently, the DHS has harshened its policies and practices of dealing with immigrant children: the DHS keeps these kids in detention, would refuse or set a very high bond; would issue  expedited orders of removal against those kids who turned 18…  However, it does not mean that there are no solutions for children and, if possible, a child or his/her family members should consult with an attorney to explore defenses to the removal.

 

 

 

 

 

 

Asylum in USA, Criminal Law, Deportation, Immigration To The USA, Uncategorized

Crime of Moral Turpitude in Immigration Court and Record of Conviction

February 25, 2014

Author: Criminal Immigration attorney Alena Shautsova

Crime of Moral Turpitude in Immigration Court and Record of Conviction

Conviction of crime of moral turpitude may cause a permanent resident to be deportable if committed within 5 years from the date of admission.  (Date of admission is the date when an alien was admitted to the US or paroled, but does not restart when an immigrant adjusts his or her status as per Matter of ALYAZJI, 25 I&N Dec. 397 (BIA 2011)).

However, what a crime of moral turpitude is, is decided in almost every case separately. Why? Because the term of “crime of moral turpitude” is a term of art.  The Immigration and Nationality act does not provide a definition to it, and courts look at the conviction to determine whether  a particular offense falls under the category of a CMIT.

In doing so, the courts follow the following analysis: first, they look at whether the statute a person was convicted of is divisible or not divisible. A statute is not divisible when it describes only one way to commit a crime. If the statute sets out a list of alternative ways to commit the crime, and where some of these “sub-violations” categorically meet the federal standard while others do not necessarily meet this federal standard, then the statute is divisible.  A statute categorically meets federal standard when every violation of a particular criminal statute meets the generic federal definition.

If a non divisible State statute mimics the Federal definition, there is no reason to look at the record of conviction: the person will be found guilty of crime of moral turpitude for Immigration purposes. If not, the State statue includes acts that will not be punished under the Federal law, then the person will be “off” federal hook for Immigration purposes.

As for divisible statute: most likely the court will look at the record of conviction, which consists of criminal charge, the plea agreement, and any plea or sentencing colloquy. The record of conviction does not include arrest reports, the pre-sentence investigation, the testimony of witnesses, etc. Shepard v. U.S., 544 U.S. 13 (2005); U.S. v. Kovac, 367 F.3d 1116, 1120 (9th Cir. 2004).

In addition, currently, in several Circuits the courts are permitted to look beyond the record of conviction to see if the person committed a CMIT under the Matter of Silva-Trevino.  This might present a problem for an immigrant who, essentially, will have to be re-tried in Immigration court for the same conduct he was tried in criminal court in. The court may look at any necessary and appropriate evidence to determine whether the foreign national’s conduct did, in fact, involve moral turpitude.

If you have questions regarding Immigration court proceedings, call office of Alena Shautsova 917-885-2261.

Asylum in USA

Asylum Interview Notes Must be Disclosed

December 6, 2013

Author: Asylum Attorney Alena Shautsova

Asylum Officers will have to share their notes they take at the time of the interview pursuant to valid FOIA requests.

The first step in asylum process in the US, is an interview with an asylum officer. During the interview, the officer decides if the applicant is credible, and if his/her story is consistent and truthful.  The officer takes notes at the time of the interview and often those notes determine the future of the applicant’s case.

The issue is that up until Martins v. USCIS lawsuit, the officers refused to share the notes with the applicant, and as such, the applicant had no opportunity to challenge officer’s determinations and conclusions.

Under the settlement agreement reached in Martins, USCIS must instruct all officers, employees, and agents involved in the processing of FOIA requests that asylum officer interview notes – the records reflecting information, instructions, and questions asked by officers and responses given by applicants in asylum interviews – are not by their nature and status protected by the deliberative process privilege as a general matter and thus are to be produced under FOIA. This training must be completed within three months of the settlement agreement. USCIS must demonstrate its compliance to the court with the settlement after 3 months.

It should add transparency to the asylum interview process and strengthen the due process rights of the applicants.

If you believe you need assistance with the asylum process, call law office of Alena Shautsova, US Asylum attorney 917-885-2261.

Asylum in USA, Criminal Law, Deportation, Immigration To The USA, Uncategorized

PAROLE IN PLACE: NEW IMMIGRATION POLICY

November 21, 2013

PAROLE IN PLACE FOR MILITARY FAMILIES

Who is eligible?

Spouses, Children and Parents of

  • Active duty Members of the U.S. Armed Forces
  • Individuals in the Selected Reserve of the Ready Reserve
  • Individuals previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve

The eligible individuals should not have criminal convictions and should submit the following documents:

  • Application for Parole on USCIS form I 131
  • Evidence of the family relationship
  • Evidence of the family member  belongs to the eligible group of the U.S. Armed Forces
  • Evidence of the additional favorable factors

Call Alena Shautsova, New York Immigration lawyer to get FREE PHONE CONSULTATION REGARDING PAROLE IN PLACE RELIEF: 917-885-2261

Asylum in USA

Asylum Clock Settlement

May 14, 2013

Author: US Asylum attorney Alena Shautsova

Asylum clock issues have been preventing many applicants for asylum from receiving EAD and being able to support themselves while their cases being considered by Asylum Officer or Immigration Court. Sometimes, the wait time for EAD can be as long as several years. Imagine, during all this time the person is not able to legally work and have to accept jobs below minimum pay, hide from authorities and being stressed out every time the judge asks about his/her job situation.
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Asylum in USA

What Do Statistics Say About U.S. Asylum and Refugee Immigration?

February 15, 2013

Author: Asylum Lawyer Alena Shautsova

Every year the Office of Immigration Statistics issues an Annual Flow Report that offers information about U.S. refugee and asylum statistics. The most recent statistics available are for 2011 and the annual flow report indicates that 56,384 persons gained admission to the United States as refugees during 2011. Burma, Bhutan and Iraq were the leading countries for the flow of immigrants and there were 24,988 individuals granted asylum by the Department of Homeland Security (DHS) and Department of Justice (DOJ).

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Asylum in USA

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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Asylum in USA

Asylum Denials Rates Are At Historic Low

January 17, 2013

What are the odds of getting asylum in the United States? According to the latest report, they are pretty good.

Asylum denials rates are at their historic low. The statistics released by TRAC Immigration shows that  the odds of an asylum claim being granted  reached a historic high  in FY2012, with only 44.5% being turned down.
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