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I-601 Fraud Extreme Hardship Waiver: I am inadmissible, but someone still needs my help!

December 17, 2012

If you entered the country using someone else’s passport, you are inadmissible, and hence cannot receive permanent residency even if you are married to a US citizen. However, if your US citizen or a permanent resident spouse or parent needs your help, the I-601 extreme hardship waiver might be your only option.

The first question anyone should ask is what constitutes an extreme hardship in the eyes of the USCIS. The answer is not so simple. The immigration officer will look at all the details of your application before making a decision. Every answer counts, which means you need to eliminate the possibility of  a misinterpretation. The extreme hardship can be demonstrated through an extreme financial hardship, medical hardship, psychological hardship, etc.

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I have married a US Citizen, now what? (citizen married to non citizen)

December 15, 2012

I’m sure we all know that by just marrying a US citizen you are not granted citizenship immediately right? Wrong, many people are unaware that paperwork has to be filed, and more importantly that after the paperwork is reviewed it can be stamped with that 6 letter word everyone fears the most, DENIED. Wondering what to do next after you have married a US Citizen? The first step is simple file for a green card; however, most immigrants overlook minor details, omit information, or just rush to hand in their application once they are legally hitched.

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USCIS To Charge A New Fee For Immigrant Visas $165

December 13, 2012

The New Fee is effective from 02/01/2013 and applies to consular processed Immigrant petitions. The Fee will be paid online through the USCIS website.

Read more Here.

NASSAU County Helps Attorneys-SANDY Survivors

December 11, 2012

As per Nassau County Bar Association President:

“WE CARE”, the charitable arm of the Nassau County Bar Association, has made a generous donation to provide assistance to members of the legal community of Nassau County suffering from Super Storm Sandy.

Administrative Judge Marano has formed a committee comprised of representatives of various segments of the Nassau County legal community who have donated funds, including the Association, COBANC, FOCO and the CSEA. The committee, chaired by former NCBA President Christopher McGrath, is working to gather information regarding the immediate needs of the legal community.

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После предыдущего отказа посольство выдало неиммиграционную визу сыну постоянно проживающей в США женщины

December 11, 2012

Мать и сестра 23-летнего Дмитрия (настоящее имя изменено) пришли в мой офис с просьбой помочь Дмитрию приехать в США, чтобы отметить семейное событие.

Сестра Дмитрия вышла замуж за гражданина США, и после замужества она смогла спонсировать Дмитрию и своей маме поездку в США. Однако, так как  Дмитрию уже исполнился 21 год, и он не имел права на ускоренную процедуру получения визы, ему пришлось остаться в своей стране. Семья очень переживала, они попытались обратиться за визой В-1 для Дмитрия, однако ему опять было отказано.

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USCIS New Policy On I601 And I212 Filing

December 6, 2012

USCIS Published new memo on the location of filing of I-601 and I-212 waivers. The field officers will now be allowed to accept and consider the filings in exceptional circumstances. Those circumstances may include: medical emergency, physical threats, aging outs issues, etc.

You may read the memo HERE.

USCIS Ciudad Juarez Field Office No Longer Accepting Form I-601

EB5 Statistics Is Released By The USCIS

December 4, 2012

The USCIS issued its statistics for the entrepreneur immigrant visa petitions and for application by the entrepreneurs to remove the condition from their green card status.

From the form available here it is apparent that in 2012 the USCIS received an unprecedented amount of the immigrant visa petitions and as a result the number of approved petitions was high as well. However, how successful the applicants were?

The ratio of receipt/ approval in 2010 was 1.43; in 2011: 2.42; and in 2012: 1.64. So what does it mean? It means, that when the ratio of the tow number is close to 1, there was approximately equal  number of receipt and approval that year. If the number is high, lets’ say like 4.6 in 1999, it means, that denials/non approvals were way higher than the number of application files. So, using this measure, the most successful for immigrant entrepreneurs year was 2009; and the worst year was 1999. It is just a fun statistics and it does not include  “roll over” applications and approvals of applications submitted din prior years.

House Passes STEM Jobs Act

November 30, 2012

By a vote of 245 to 139 the House passed the STEM Jobs Act, which now will be moved to Senate for consideration.  The Act is disfavored by the Obama administration as it does not provide long term solutions for the Immigration issues:

 The Administration opposes House passage of H.R. 6429. This legislation, if enacted, would allocate immigrant visas for advanced graduates of a limited set of STEM degree programs, would offer a limited number of visas for families through the “V” nonimmigrant visa program, and would eliminate the long-standing Diversity Visa program that makes immigrant visas available to certain individuals from countries with low rates of immigration to the United States.
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5 Deadly Mistakes That May Cost You Your Immigration Status

November 22, 2012

Author: New York Immigration Attorney Alena Shautsova

Many of perspective clients who come to my office for a consultation ask me: does having a lawyer really help my case? Will the Immigration think that I did something bad and need a lawyer because of it? Can I file myself?

While you can certainly try to file / apply for benefits yourself, here are 5 mistakes that may cost you your immigration status and lead to a huge subsequent spending and/or deportation.

1.       MOVING WHILE WAITING FOR AN ACTION FROM THE USCIS

Many applicants who file pro-se or without an attorney have to change their address and move to a new State or new home after they file their case with the USCIS. Unfortunately, even though they notify the USCIS about the change of address, their case can get lost. As a result, they can miss an important deadline and lose a chance for an immigration benefit. It actually happened to a family from Ukraine, who, after winning a DV lottery, changed their address and after filing the initial application package moved to a different State. They notified the USCIS promptly about their move and started waiting for the notices to proceed with the case. While they were waiting, the deadline to submit an adjustment of status application had passed; and now, for over 10 years they are fighting the removal proceedings in the Immigration court.  Even though the change of address form was filed, the USCIS cannot be held responsible for missing the deadline! So, be very, very careful when you are moving with a pending case.

2.       LYING ON YOUR APPLICATION

Another common mistake that may lead to inadmissibility and removal is misrepresenting information on your Immigration documents. A misrepresentation about your education or marriage while applying for visa may turn into a big issue. Nondisclosure of misrepresentation may turn into FOREVER being unable to obtain any immigration benefits.  Many people are following someone’s advice and think that “immigration is not going to find out.” Well, if they do find out, you will face a bigger problem than feeling bad and embarrassed about your lie.

3.       FAILURE TO SUBMIT NECESSARY DOCUMENTS

 

When applying for any type of Immigration benefits, like adjustment of status, or submitting an I-130 petition, it is crucial to follow instructions, and submit ALL necessary documents. If they are not available for any reason, you must provide a detailed explanation for the reason. I cannot tell you how many times people, after a very long wait, were surprised and crushed to learn that their petition or an application was denied because they did not present a… BIRTH CERTIFICATE! In one case a lady came to my office crying because a lawyer who worked on her case failed to submit a document proving grandfathering: her employment adjustment got denied, and because she changed an employer by the time the appeal was granted, she had to start the process all over again! 10 (TEN) years of waiting were wasted!

4.       FAILURE TO ATTEND A SCHEDULED INTERVIEW OR HEARING

Believe it or not, but some people think that the USICS is just like a Starbucks and you can pop up in there anytime you want to, and if the USCIS sends you a notice of appointment, it is not a big deal and you can reschedule it. Well, you can definitely re-schedule by sending a notice in advance; and in certain situations you may send an explanation for missing an appointment trying to reverse the damage that may result for failure to keep an appointment. But one thing I may guarantee you: it will with a probability of 100% delay your case, and sometimes may result in removal proceedings against you. So, is it worth it?

5.       FAILURE TO DISCLOSE CRIMINAL RECORD

 

Last, but not least, this point relates to the two and three above, but deserves a separate mentioning. Many application forms, virtually all of them, contain questions regarding criminal history. Some clients believe that if a conviction took place 10 or 15 years ago, the immigration will just forget about it. They find themselves in an interesting situation, when after attending a biometrics appointment they get served with a Notice to Appear. Here is a tip: unless you grew a new set of fingerprints, do not hide your criminal history: in most situations a skillful Immigration lawyer will be able to help you to deal with it, especially if the conviction is an old one.

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.