Asylum in USA

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Category: Immigration To The USA

Asylum in USA

HOW TO FILE FOR ASYLUM PART I

October 23, 2012

Author: Law Office of Alena Shautsova

ASYLUM PROCEDURE

Asylum process starts before a person’s submits his/or her application.

First, one needs to collect or try to collect the supporting documents. Those are the documents that an applicant can use to demonstrate the truth of his/her statements. It can be medical records, police records, articles from the local newspapers, affidavits from witnesses, letters; proof of membership in a particular group or political party, documents confirming activities in different organizations, and rallies, photos. The list of possible supporting documents is endless. If a person cannot present certain documents, but it is reasonable to expect such documents to exist, a person should provide an explanation as to why the documents are missing.  Documents should be translated into English, even newspaper articles. The translator needs to make a statement that she/he possess sufficient knowledge of English and X (other language) and under the penalty of perjury states that the translation is accurate and complete. Translator’s signature should be notarized.

Authentication of documents for Asylum

Ideally, the official documents issued by the governmental bodies of other countries should be authenticated. It means that they should have an apostile. However, in asylee/refugee situation very often it is unpractical and impossible to submit for an authentication a document that will be used against this government later. As such, an applicant may submit the documents as is, expecting however an objection from the government, which be taken towards the “weight” of that documents.

Filling out the Asylum Forms

This step is very important as success of the whole process will depend largely on its accuracy.  A person’s biographical information is the first part of the form I-589 (Available on the USCIS website). Family members, school attendance, jobs held, membership in different organizations, unions, etc.: nothing should be left out or misrepresented. It is very important to remember that children of asylees may receive derivative status if they were included in the application before they turn 21, even if subsequently they aged out. The forms should be filled out in English.

If you have immigration concerns, consult a skilled New York immigration lawyer at 917-885-2261  and find out about your options.

The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.

 

Immigration To The USA

Immigration Hold (DETAINER) and Bond

October 21, 2012

Author: Law Office of Alena Shautsova

An Immigration hold is usually filed with the State or Federal prison when a detainee is a non- US citizen who is likely to be removed based on prior violations of Immigration laws, or as a result of a criminal conviction for which the person is in custody.

Nowadays, an Immigration hold is “put” on an immigrant within hours after the State or Federal prison assumes custody. It happens so fast because according to different immigration programs, as soon as the person’s fingerprints are processed, the ICE receives information regarding that person’s status and through its local agents prepares and files the hold.

What is an ICE HOLD or DETAINER?

An ICE hold is a document/order on forms I-247 or Form I-203 pursuant to which Federal or State facility should not release the person after the bail is placed or the person is released from the State or Federal custody, but should give the ICE 48 hours to assume the custody of the detainee.  It must be noted that Federal law 8 CFR 287.7 states which officials can issue detainers.

When a non US citizen is arrested, it is important to try to bail him out before the ICE detainer is filed. Why? Because in this situation, there is a great chance, that non-citizen will be free and avoid ICE detention and Immigration proceedings overall.

If this does not happen, and the detainer is filed, the strategy will depend on the facts of the case and the non-citizen’s prior immigration history. The main question to answer in such a case: if the non- citizen may be eligible for bond and not subject to expedited removal/reinstatement of removal? Would a family be able to answer this question: very unlikely. That is why family members should seek help of an Immigration attorney as fast as possible after they learn that their non- citizen loved one was arrested.  Important: the non-citizen must be instructed by his family/attorney not to sign any documents offered by the ICE prior to attorney’s review.

Very important: if a jail or prison continues to hold a non-citizen after the expiration of 48 hour period, the person might be entitled to damages under the Federal Tort Claims Act, and local law. You can check if local cases are similar to yours at http://www.immigrationforum.org/images/uploads/2010/detainersbackgrounder.pdf

IMMIGRATION BOND

What to do if an individual is in Immigration custody? Then, an attorney should determine if the individual qualifies for an Immigration bond.  Depending on removal charges and the non-citizen’s case, it might be possible to ask a judge and/or DHS to release the person pending the immigration proceedings.

Sometimes the detainee has a court date already scheduled, in which case an attorney should bring two copies of the bond request with supporting documents to the Master hearing. Many times there is no court date scheduled, in which case an attorney should file the bond request with EOIR and also with DHS.

If you have immigration concerns, consult a skilled New York immigration lawyer  at 917-885-2261 and find out about your options.

The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.

Immigration To The USA

Students Are Ordered to Self-Deport

October 13, 2012

Recent news from San Diego, CA regarding ICE raids against the students working as gypsy cab drivers proves that ICE takes seriously violations of INA and particular prohibition on work without authorizations.
The ICE officials searched the apartment building and approximately 40 students who were engaged in unauthorized employment were taken into custody, after which their visas were revoked and they were ordered to leave the country within 30 days.
You can read more on this here .

Unauthorized employment may lead to serious consequences, such as revocation of status, removal and inability to adjust status.

If you have immigration concerns, consult a skilled New Yorkimmigration lawyer and find out about your options.

The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.

Immigration To The USA

Advance Parole Must be Asked in Advance

October 13, 2012

Advance Parole is a permission to return to the United States after trip abroad that is issued to a person who cannot obtain a visa or otherwise doesn’t qualify to be admitted to the country.

Advance Parole is typically  applied for by persons with TPS status, pending applications for adjustment of status, and now the DACA beneficiary.

To request an advance parole a person should file an application on form I-131 and wait got biometrics appointment. There is a fee associated with  the filing, which currently is $360.

The situation gets complicated when a person who needs an advance parole has already left the country. Generally, the document has to be filed by a person located in the United States.  It can be filed on behalf of somebody who is overseas, but the applicant should be located in the US. However, practice shows that in urgent circumstances, where severe hardship may result from person’s inability to come to the United States, a field DHS office may consider the request and help the applicant. It must be noted that in this situation, the parole is more likely to be granted as a Humanitarian parole, The situation gets complicated when a person who needs an advance parole has already left the country. Generally, the document has to be filed by a person located in the United States.  It can be filed on behalf of somebody who is overseas, but the applicant should be located in the US. However, practice shows that in urgent circumstances, where severe hardship may result from person’s inability to come to the United States, a field DHS office may consider the request and help the applicant. It must be noted that in this situation, the parole is more likely to be granted as a Humanitarian parole, which can be applied for by a person in or out of the country. To read more about Humanitarian Parole visit the USCIS page  .

If you have immigration concerns, consult a skilled New York immigration lawyer  and find out about your options.
The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.

 

Deportation

Is It Beneficial To Act As A Defense Witness If You Are Deportable?

September 27, 2012

Author: US deportation lawyer Alena Shautsova

It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offering testimony in support of defendants. Often, the witnesses for defense find themselves in deportation proceedings, while witnesses for the government enjoy protection in the form of special visas.

At least one Federal Judge found this to be a wrong policy. In a recent case in 9th Circuit, Judge Alex Kozinski issued the following decision:

May the government deport an illegal alien who can provide exculpatory evidence for a criminal defendant before counsel for that defendant has even been appointed? We believe the answer is self-evident, as the government recognized in an earlier case where it moved to vacate a conviction after it deported witnesses whose testimony would have exculpated defendant.

The 9th reversed the conviction, and remanded the case back to the lower Court to decide whether to dismiss charges with prejudice as a consequence of the Government’s (mis)conduct.

You can read the Court’s opinion here

If you are facing deportation and removal, you need a skilled lawyer to help you navigate the ever changing and complex aspects of immigration law. Find out how a New York immigration lawyer experienced in handling deportation cases can help.

USCIS

USCIS Answers Important Questions Regarding DACA

September 27, 2012

Author: US immigration lawyer Alena Shautsova

The USCIS just published its answers to the most important questions that many DACA applicants have been struggling with from the beginning of the program.

The answers clarify the following questions:

  • New – Q2: May I travel outside of the United States before USCIS has determined whether to defer action in my case?
  • New – Q3: If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
  • New – Q9. How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization?
  • New – Q3. To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
  • New – Q4. If I provide my employee with information regarding his or her employment to support a request for consideration of deferred action for childhood arrivals, will that information be used for immigration enforcement purposes against me and/or my company?

The answer to the last question is particularly interesting as it states that “This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses.” As such, it may deter many employers from assisting immigrants with their DACA applications.

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

Visas

New Visas To Russia Will Be Cheaper And For A Longer Period Of Time

September 27, 2012

Author: US visa lawyer Alena Shautsova

Recently, the US and Russia came to an agreement that they both will simplify the application process for tourist and business visas to these countries. The agreement will enter into effect on September 9, 2012. Please see moscow.usembassy.gov/russian-visas.html. Russian citizens may visit ustraveldocs.com/ru/index.html for specific instructions on how to apply for a U.S. visa.

Basically, to get a tourist or business visa to the US, a Russian citizen will need to pay $20.00 for visa (it was $100.00). Note that the $160 fee for application will still apply. The visa will be good for multiple entries during 36 months.

The agreement was reached due to the cooperation between the US Secretary of State Hillary Clinton and Russian Foreign Minister Sergei Lavrov.

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

Employment Immigration

May The Migrant Workers Apply For DACA Relief?

September 27, 2012

Author: Immigration attorney Alena Shautsova

While the USCIS accepting applications from hundreds of undocumented young people, many still will not qualify as they cannot produce proof of school attendance or being currently in school.

This is particularly true for migrant workers, those who come to work seasonally. In addition, this category of potential applicant may also face challenges proving continuous physical presence in the country.

Note that according to the DHS, school records act as the best evidence for both continuous presence and education requirements.

To satisfy school enrollment requirement, an applicant may enroll in Language School, as long as applicant’s job/job placement would be conditioned on completion of the language course, and applicant can demonstrate that with relevant documents (ex. letters from the hiring manager; supervisor at the job training program). Note that the USCIS also requires evidence that the “program is one of demonstrated effectiveness.”

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

Deportation, Immigration To The USA, Other, USCIS

Deferred Action Application for Childhood Arrivals

August 31, 2012

Author: Immigration lawyer Alena Shautsova

Deferred Action Application for Childhood Arrivals

With an announcement of the new Obama supported Immigration policy for young undocumented immigrants, millions received hope to stay and work in the country legally.

The deferred action application process calls for submission of certain forms published on the USCIS website, as well as supporting documents. While the guidance published by the USCIS help with the confusing questions in application forms, many should still consult with an attorney while filing for this relief.

The common questions are:

  • Shall I disclose to the authorities that I used false documents to enter the country?
  • How can I prove that I was physically present in the country on June 15, 2012?
  • Shall I disclose that I used someone’s social security number?
    Will other members of my family be affected by my application?
  • May the authorities use the information in the application for future removal proceedings?

Some representatives of the community strongly suggest not to file for the relief at all as it may expose the potential immigrant to the future removal proceedings. However, depending on personal circumstances, including possibility to adjust status through family immigration, be sponsored by an employer, or qualify for other relief, an applicant should simply make a informant decision and choose what is in his/her best interest. If you are looking for answers to the questions concerning DACA application, New York Immigration Lawyer can help you! Call today 917-885-2261.

The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.

Immigration To The USA

Civil Rights Groups Continue Challenging Arizona Immigration Law

August 31, 2012

Author: Law Office of Alena Shautsova

While the U.S. Supreme Court rendered its decision in the Arizona Immigration Law case, more lawsuits still challenge the validity of the provision that the Supreme Court upheld.

CNN reported that a coalition of civil rights organizations filed a federal court motion to block the provision that requires officers to check immigration status if reasonable suspicion exists regarding illegal status.

The legal arguments and evidence covered by the lawsuit against the provision include:

  • Extended detentions for immigrants while checking status which violate Fourth Amendment rights against unreasonable searches
  • No established time length limiting detentions
  • Equal Protection Clause violations based on racial or natural origin discrimination (racial profiling)
  • Illegal and discriminatory language used in SB1070 intending to impose racial profiling

Civil rights organizations bringing the action include the American Civil Liberties Union (ACLU), National Immigration Law Center, the Mexican Legal Defense and Educational Fund, and the National Day Laborer Organizing Network.

Five states – Alabama, South Carolina, Georgia, Utah, and Indiana – passed similar laws to Arizona’s immigration law and these states also face legal battles to sort out the validity of their new laws. In Arizona’s case, according to news media outlets, approximately 30 percent of the state’s population is Hispanic, and the state has a 370-mile border with Mexico where undocumented immigrants cross into Arizona. It claims the federal government has not effectively dealt with the influx of immigrants who do not have legal status. Immigration reform at the federal legislative level appears to be deadlocked in diverse political views on immigration between Democrats and Republicans.

A New York immigration lawyer can help if you face deportation, other immigration issues, or wish to pursue permanent residency or U.S. citizenship.