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Fiance Visa For Same Sex Couples

July 28, 2013

US Visa For Same Sex Couples

Author: New York Immigration attorney Alena Shautsova

In a Same Sex Couples Fiance US Visas related decision the U.S. Supreme court in United States v. Windsor, 133 S.ct. 2675,2695-96 (2013) held that section 3 of the DOMA is unconstitutional as a violation of the constitutional guarantees of equal protection and due process. See United States v. Windsor, 133 S. Ct. 2675, 2695-96 (2013).

In addition, the BIA in its decision Matter of Zeleniak, 26 I&N Dec. 158 (July 13, BIA 2013) held that:
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Human Rights Violations In Russia

July 18, 2013

Human Rights in Russia

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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Same Sex Marriage Immigration Petitions

July 7, 2013

Same Sex Marriage Immigration Petitions

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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Voluntary Departure

July 2, 2013

Voluntary Departure: To Take or Not to Take?

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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H1B Visa: Who Pays Legal Fees?

June 14, 2013

H1B Visa Fees

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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TPS Holders May Adjust Their Status To LPR Says 6th Circuit

June 5, 2013

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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Temporary Protected Status Extended for Salvadorans

May 30, 2013

Temporary Protected Status Extended for Salvadorans

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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Discrimination At Workplace

May 24, 2013

Discrimination at Workplace: How and When to File a Complaint

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 And Citizens Of Canada

May 20, 2013

Unlawful Presence For Canadian Citizens

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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F-1 Travel During Cap-Gap Extension

May 16, 2013

F-1 Travel During Cap-Gap Extension

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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