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Law Posts

Defenses Against Removal And ICE Hold

May 13, 2013

Author: New York Deportation attorney Alena Shautsova

You just learned that your loved one was arrested and ICE put a hold on him/her. What do you need to do?

The first thing to do would be to consult with Criminal defense and Immigration attorneys. Very often, when an undocumented person or a permanent resident get arrested for criminal charges, the immigration authorities file an Immigration detainer: a document stating that upon release from the State or Federal custody, the person should be held up to 48 hours for ICE to come and take the person into their custody as they have a reason to believe the person is removable from the US. Most of the time, the basis for removal will be the pending criminal charges, which if come true (if the person is convicted or pleads guilty to them) will also become a problem under immigration laws. (See INA 212 and INA 237 for the list of offences that may render a person inadmissible or deportable).
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Amendments to Immigration Reform Bill

May 8, 2013

Today, American Immigration Lawyers Association published a list of amendments to Immigration Reform Bill filed by different senators.

You can view the list HERE.

Initially, the Immigration Reform bill was introduced by a group of eight senators (the “Gang of Eight”) and contained revolutionary proposals such as provisional waiver status, changes to asylum regulations, changes in employment and family immigration areas.
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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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Travel on Advance Parole Is not “Departure”

April 30, 2013

A person traveling on advance parole may still return to the US without triggering the unlawful presence bars. Citing Matter of Arrabally, the Eleventh Circuit held that the petitioner was not inadmissible under §212(a)(9)(B)(i)(II), because she left the United States pursuant to a grant of advance parole.
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Family Immigration and Immigration Reform

April 29, 2013

Family Immigration and Immigration Reform

Author: New York Immigration lawyer Alena Shautsova

Many immigrants are in suspense as to how new immigration laws will impact their status and pending immigration petitions. In particular, petitions filed on behalf of siblings, as the draft of the Immigration reform bill eliminates this category.
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Yoga Guru in Sexual Harassment Case

April 26, 2013

Yoga Guru Moves into the Limelight in Recent Sexual Harassment Case

Author: Discrimination lawyer Alena Shautsova

Bikram Choudhury is well-known in the yoga world for teaching yoga sequences in a
105 degree temperature environment. Currently, he is sitting in the hot seat for
alleged sexual harassment. Shirley McClain was one of his first yoga students in the
1970’s and since that time he has built his yoga business into a million dollar empire,
charging students $25 a session.

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Immigration Reform Bill

April 16, 2013

Immigration Reform bill is here! It was released today and is expected to be introduced before Senate next week.

The outline of the Immigration Reform bill is available here .

Политическое убежище в США

April 16, 2013

Иммиграционный адвокат США

Политическое убежище в США – статус при получении которого лицо может жить и работать в США и путешествовать заграницу.

Лицо должно подать на убещище в течение года по приезду в США. Однако, бывают исключения такие как болезнь, нахождение в легальном статусе, измениние обстоятельств в стране от которой лицо просит убежище. Если суд или иммиграционный офицер согласятся что смягчающия обстоятельства присутствовали,  можно получить политическое убежище в США даже после пропуска годичного срока.
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Work Authorization for Asylum Seekers

April 15, 2013

BREAKING NEWS:

Work Authorization for Asylum Seekers

Author: New York Immigration attorney

An important agreement was reached in connection with asylum clock and ability of asylum seekers to obtain an EAD (employment authorization). The law states that if an application for asylum has been pending for more than 180 days, an asylum seeker can apply and be granted a work authorization.
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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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