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Category: Immigration To The USA

Immigration To The USA

Homeland Security Secretary Weighs in on New Immigration Bill

May 3, 2013

Author: immigration lawyer Alena Shautsova

While the new proposed immigration bill comes under evaluation for its ability to
address national security, Homeland Security Secretary Janet Napolitano testified
before a State Judiciary Committee hearing about the bill’s merits. According to a
Fox news report, Napolitano stated that the bill offered “significant improvements”
for tracking immigrants and encouraging immigrant interaction with law enforcement
on reporting crimes and coming forth as witnesses.
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Immigration To The USA

How to Get Citizenship

April 15, 2013

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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Immigration To The USA

Provisional Waiver of Unlawful Presence I-601A

April 12, 2013

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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Deportation

Facing Deportation, Detained or Released?

April 3, 2013

When Facing Deportation, What Determines Whether You Are Detained or Released?

Author: Deportation lawyer Alena Shautsova

The Department of Homeland Security (DOHS) weighs two main factors when deciding whether to detain or release an immigrant who faces deportation: flight risk and risk to the community. The most heavily weighed factor is risk to the community, which aligns with the Immigration and Customs Enforcement (ICE) memorandum that addresses prosecutorial discretion and the focus on deporting immigrant criminals over immigrants with other violations. Those immigrants with aggravated felonies are top priority for detainment. ICE has limitations on how many immigrants it can detain, because it has 34,000 detention beds nationwide. Recent sequestration budget cuts resulted in ICE releasing detainees.
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Immigration To The USA

Immigrants under DACA Can Obtain Alabama Drivers Licenses

March 29, 2013

Author: Law Office of Alena Shautsova

Despite the fact that Alabama’s stiff immigration law followed in step with the stringent immigration law passed in Arizona, unlike Arizona, Alabama decided to issue drivers licenses to immigrants under DACA. DACA stands for Deferred Action for Childhood Arrivals and allows children who were brought illegally to the United States by their immigrant parents to obtain deferred action. Children immigrants must meet certain qualifications to receive DACA certification, such as being within certain age limits and having no criminal record.
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Immigration To The USA

More of Arizona’s Immigration Law Was Struck Down

March 25, 2013

Court of Appeals for Ninth Circuit Blocks Day Laborer Provisions of Arizona’s Immigration Law

Author: Law Office of Alena Shautsova

Based on a violation of the First Amendment that guarantees the right to free speech, the United States Court of Appeals for the Ninth Circuit recently struck down more of Arizona’s immigration law. The Arizona SB 1070 had a section that put restrictions on drivers attempting to hire day laborers. Two provisions made it illegal for drivers to stop their car and impede traffic to discuss hiring a day laborer. While Arizona proponents of the law claimed the law addressed traffic safety, the Appeals Court ruled that they only should target people who impede traffic.

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