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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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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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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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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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Sexual Harassment at Columbia University

March 27, 2013

Quid Pro Quo Sexual Harassment in New York at Columbia University

Author: Discrimination lawyer Alena Shautsova

The Equal Employment Opportunity Commission (EEOC) explains that quid pro quo sexual harassment involves a superior and subordinate where the superior demands sexual favors and the subordinate’s submission or rejection subsequently affects work decisions.

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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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Burger King $2.5 million Sexual Harassment settlement

March 18, 2013

Burger King Settles Sexual Harassment Lawsuit for $2.5 Million

Author: Discrimination Attorney Alena Shautsova

Carrols Corp. the owner of Burger King restaurants throughout the United States recently negotiated a $2.5 million sexual harassment settlement. The settlement resulted from a 15-year old federal lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in January 2013.

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What Is Marriage Fraud and How USCIS Prevents It?

March 15, 2013

What Is Marriage Fraud and How Does the USCIS Operate to Prevent It?

Author: Immigration Attorney Alena Shautsova

Marriage fraud is any deceitful attempt to pass off a false marriage as bona fide. Examples of marriage fraud include the following:

  • Fraud rings that broker U.S. citizens into marriages with immigrants
  • Private exchanges of money between individuals for marriage to an immigrant
  • Friends who marry to help immigrant friends gain legal status

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ICE Releases Illegal Immigrants

March 13, 2013

ICE Releases Hundreds of Illegal Immigrants Based on Sequestration Budget Cuts

Author: Law Office of Alena Shautsova

While a polarized U.S. Congress failed to come to terms with sequestration (forced budget cuts), ICE (Immigration Customs Enforcement) released hundreds of illegal immigrants being detained for deportation. The release was prior to and in anticipation of sequestration, which now has gone into effect.

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Lower Courts Enforce Immigration Law

March 6, 2013

To What Degree Do Lower Courts Enforce Immigration Law in Civil Lawsuits that Deal with Other Matters?

Author: immigration attorney Alena Shautsova

Statistics show that lower courts are more inclined to ignore your immigration status in an employment civil suit than rule against you because of it. This fact was reported by a Homeland Security News Wire publication that discussed a research study done by Law and Labor and Employment Relations Professor Michael LeRoy.

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