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Роды В США

February 13, 2013

Роды в США как путь к иммиграции.

Автор иммиграционный адвокат  США Елена Шевцова

Конституция США позволяет стать гражданином любому, родившемуся на ее территории. После родов  в США,  не-граждане родители ребенка не приобретают никаких специальных прав и без других оснований для нахождения в США должны покинуть страну. Но ребенок, рожденный в США, даже если он всю жизнь прожил за пределами страны имеет право на возвращение в США и если ему исполниолсь 21, может спонсировать своих родителей, в том числе отчима или мачеху. Рожденный в США ребенок может спонсировать свою супругу по достижении 18 лет.
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Millions Spent to Settle Government Sexual Harassment Cases

February 12, 2013

Author: Law Firm of Alena Shautsova

Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act, which applies to individuals working in both the private and public sectors. An article in The New York Times reported that the State of New York paid $5 million to settle 11 sexual harassment cases between 2008 and 2010. Out of 11 of theses cases, five involved the State Department of Corrections and Community services and three involved public universities. According to the Attorney General’s Office, these cases are only a fraction of the sexual harassment cases that occurred in government or public employment workplaces.
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Problems with E-Verify

February 5, 2013

The E-Verify program

Author: Deportation Lawyer Alena Shautsova

According to the United States Citizenship and Immigration Services (USCIS), E-Verify uses online databases to compare employees’ information filled out on an I-9 form with data from the U.S. Department of Homeland Security (DHS) and Social Security Administration (SSA) records. The comparison allows the government to verify employment eligibility in terms of valid immigration status.

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Can I File For Asylum if my Visa Expires?

February 4, 2013

Author: New York Asylum Attorney

Many asylum applicants are confused regarding the procedure of filing for asylum. Let’s say someone came here from Egypt (a country with recent change in country conditions) and now they face a question: shall they file for asylum in the US or shall they do it from their home country. Many potential applicants are afraid that by the time they prepare their application in the US, their visas will expire, and they become illegal.
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Obama’s Immigration Reform

January 30, 2013

Obama’s Immigration Reform

It seems that the White House is serious this time about a comprehensive Immigration reform, that would not just “patch” a torn tuxedo, but will give it a million dollar “face- lift.”

Here you can find a transcript of Obama’s today’s speech on Immigration Reform.

Immigration Reform: is it Possible?

January 29, 2013

We all agree that we need an Immigration reform.  It seems that a real breakthrough was achieved today… However, is it really possible to have a reform, and what main areas of law I believe need to be “reformed”?

First, I believe the rules of the adjustment of status have to be changed, allowing EWI (those who crossed the border) to get their green cards. I am not encouraging this type of “immigration”, but for many people who honestly worked and paid taxes and do not have criminal convictions, it would be a great help in trying to concentrate on their US citizen families and not on whether or not there is ICE behind the door.

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USCIS 800 Number Saturday Hours are Not For Attorneys

January 28, 2013

Author: New York Immigration Attorney Alena Shautsova

I was very excited to learn a couple weeks ago that the USCIS will provide its 800 service on Saturday.

I was very disappointed yesterday to learn that the Saturday service is useless if you are an attorney. A “TIER 2” Rep is required to answer the call when an attorney is on the online, and because a “TIER 2” Rep is not available on Saturdays, hence, I have to call back during the week.

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Confidentiality and Retaliation in Sexual Harassment Claims

January 21, 2013

Author: NY Employment Lawyer Alena Shautsova

Sometimes people filing sexual harassment claims are concerned about keeping the filing confidential. According to the Equal Employment Opportunity Commission (EEOC), EEOC employees must keep the matter strictly confidential during the investigation. However, once charges are filed, the law requires the EEOC to disclose a copy of the charges to the employer and at that point all details about alleged discrimination and the person filing the charges are disclosed. The employer has the opportunity to review the information and dispute the charge.
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North Carolina Will Have To Issue Driver’s License To DACA Benefices

January 19, 2013

It’s just not so long ago, that DACA beneficiaries received hope that they will be able to get driver’s license and ability to travel outside the US.

But some States  do not support Federal decisions, and refuse to issue driver’s license to DACA beneficiaries. This seems to be absurd in the light of the fact that it is Federal government that decide whether or not somebody is legal in the US. Of course, issuing a driver’s license is  a state prerogative, but it is based on Federal determination of whether or not somebody is granted a status in the US. As such, States should not be allowed to deny valid applications for license to otherwise qualified applicants.
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Asylum Denials Rates Are At Historic Low

January 17, 2013

What are the odds of getting asylum in the United States? According to the latest report, they are pretty good.

Asylum denials rates are at their historic low. The statistics released by TRAC Immigration shows that  the odds of an asylum claim being granted  reached a historic high  in FY2012, with only 44.5% being turned down.
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