Author: Asylum Lawyer Alena Shautsova
Recent convictions of two opposition leaders Aleksey Navalniy and his co-defendant, Pyotr Ofitserov by Russian government caused a series of protests; the US Department of State in its official statement condemned practices of violation of basic Human Rights by Russian Federation:
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Author: New York Immigration attorney
With the DOMA being overruled by the U.S. Supreme Court, same sex couples received an opportunity to utilize Federal Immigration benefits. It means that a U.S. citizen or permanent resident is able to sponsor his/her partner for residency in the United States. The same sex couples are able to use all Immigration venues, including family based petitions, K-1 visas for finance, waivers, motions to reopen, cancellation of removal, VAWA, etc.
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Author: New York Immigration lawyer Alena Shautsova
Voluntary departure is a relief from removal during which allows its beneficiary to depart the United States without an order of removal being entered against him/her. Many undocumented immigrants, especially those who happened to be in immigration proceedings for the first time, agree to sign the “VD” order without really understanding the drastic remedies that stood behind for failure to depart.
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Author: New York Immigration attorney Alena Shautsova
H1B visa is one of the most common visas which are used to employ foreign workers in the U.S. It allows foreign specialists from a variety of occupations to be legally employed in the US, as well as provides for a dependent status for their family members.
The process of H1B visa starts with an employee finding an employer in the US who is willing and able to hire the employee; is willing to sponsor the foreign worker; and wait for him/her to get appropriate documents. There are filing deadlines which start from April 1 each year.If the employer’s petition is granted, an employee will be able to start employment on October 1 of the year the application/petition was filed. Sometimes, however, the adjudication of the petition takes much longer, and the start date understandably will be delayed.
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Holders of the TPS who entered the US without inspection (EWI) may nevertheless successfully adjust their status to one of a permanent resident… Flores v. USCIS, (June 4, 2013 6th Cir). The 6th Circuit rejected long standing government position that the holders of the TPS status who came to the US without inspection may not adjust their status to LPR even if subsequently they marry a US citizen.
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USCIS announced that it extended TPS (Temporary Protected Status) for eligible nationals of El Salvador for an additional 18 months, beginning Sept. 10, 2013, and ending March 9, 2015.
TPS is a temporary status allowing citizens of certain countries to remain in the U.S. even if they entered the U.S. illegally. A person granted TPS is also eligible for an employment authorization. The TPS status by itself does not “erase” an illegal entry but protects its holder from deportation.
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Author: Employment Discrimination attorney Alena Shautsova
For the most part, many of us do not choose their colleagues and/or supervisors. We come to the workplace and have to “deal” with the people and practices that have already been established before us. Sometimes, it is difficult to distinguish between “that’s how we do it here” and “that’s seem illegal.” So, what do you do when something does not feel right?
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Unlawful presence is usually starts to run when a person, who is not a US citizen or US permanent resident overstays their visa or authorized stay. It does not start to run for holders of D/S I-94s, such as F-1 or J-1 students, for whom a USCIS officer or an Immigration Judge has not rendered a decision as to termination of their status and that they have to leave the country.
However, the question remains as to the validity of status for those who came in the US without a visa, such as citizens of Canada who come to the US without being formally “admitted.”
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Author: Alena Shautsova
Holders of F-1 status who applied for H1B change of status and were selected for the next fiscal year, have their status automatically prolonged until October 1: the first day when they can legally accept employment in H1B category.
Many of them, however, would like to visit their home country before they start the new work life. Can they do so and come back in F-1 status?
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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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