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Политическое Убежище Для Белорусов

October 11, 2012

Автор: правовой офис Елены Шевцовой

В связи с угнетением прав человека в Беларуси, и жестокими расправами над политической оппозицией, многие граждане этой страны могут воспользоваться защитой США.

Политическое убежище может предоставляться лицу, которое не может или не желает возвратиться на родину в силу преследований или опасения преследований по политическим мотивам. Гражданам Беларуси политическое убежище предоставляется в случае когда лицо находиться на территории США, и лицо подало заявление в течение года с момента прибытия.

Закон предусматривает исключения из правила о подачи заявления в течении года, но пропуск подачи всегда осложняет процесс и лучше подавать в срок по закону.

В Америке есть закон Real ID Act по которому заявитель на убежище должен предложить доказательства своего рассказа/ истории или объяснить почему таковых не имеется.

Важно знать, что содержимое заявления на убежище и сам факт подачи конфиденциальны.

Длиться процесс может от нескольких месяцев до нескольких лет и зависит во многом от штата и места в котором было подано заявление. В случае, если заявление находиться на стадии рассмотрения дольше шести месяцев, лицо имеет право на получения разрешения на работу.

После получения статуса, лицо можеет выезжать из США по специальному документу беженца, но не имеет права без риска потери статуса посещать свое государство. О документе беженца можно почитать здесь:

В случае отказа, существует процесс апелляции, сначала в Board of Immigration Appeals, а затем в федеральный суд. Важно: во время апелляции в Board of Immigration Appeals дело приостановлено и Вас не могут депортировать, а во время апелляции в федеральный суд – могут, И надо подавать прошение о приостановлении дела.

Задавайте Ваши вопросы по email office@shautsova.com и телефону 917-885-2261.

Is It Beneficial To Act As A Defense Witness If You Are Deportable?

September 27, 2012

Author: US deportation lawyer Alena Shautsova

It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offering testimony in support of defendants. Often, the witnesses for defense find themselves in deportation proceedings, while witnesses for the government enjoy protection in the form of special visas.

At least one Federal Judge found this to be a wrong policy. In a recent case in 9th Circuit, Judge Alex Kozinski issued the following decision:

May the government deport an illegal alien who can provide exculpatory evidence for a criminal defendant before counsel for that defendant has even been appointed? We believe the answer is self-evident, as the government recognized in an earlier case where it moved to vacate a conviction after it deported witnesses whose testimony would have exculpated defendant.

The 9th reversed the conviction, and remanded the case back to the lower Court to decide whether to dismiss charges with prejudice as a consequence of the Government’s (mis)conduct.

You can read the Court’s opinion here

If you are facing deportation and removal, you need a skilled lawyer to help you navigate the ever changing and complex aspects of immigration law. Find out how a New York immigration lawyer experienced in handling deportation cases can help.

USCIS Answers Important Questions Regarding DACA

September 27, 2012

Author: US immigration lawyer Alena Shautsova

The USCIS just published its answers to the most important questions that many DACA applicants have been struggling with from the beginning of the program.

The answers clarify the following questions:

  • New – Q2: May I travel outside of the United States before USCIS has determined whether to defer action in my case?
  • New – Q3: If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
  • New – Q9. How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization?
  • New – Q3. To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
  • New – Q4. If I provide my employee with information regarding his or her employment to support a request for consideration of deferred action for childhood arrivals, will that information be used for immigration enforcement purposes against me and/or my company?

The answer to the last question is particularly interesting as it states that “This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses.” As such, it may deter many employers from assisting immigrants with their DACA applications.

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

Sexual Harassment At Work

September 27, 2012

Author: NY lawyer Alena Shautsova

As life shows, a person can become victim of sexual harassment at any place: big or large firm, private or public sector. Recent news on the subject just prove the point read the story here.

Frequently, victims do not go forward against their employers being afraid of scandals, future retaliation and gossips. Knowing that a person has to be considered an employee, often employers insist that the worker was a contractor trying to avoid liability. Unfortunately for the employers, in most situations, the test which is used to qualify a worker as an “employee” is a liberal one, and not only the employer will be responsible for his/her actions that went in discord with Human Rights laws, such an employer will face Tax evasion liability as well.
Traditionally, sexual harassment can take two forms: hostile work environment, and a quid pro quo harassment. Often, those two types are intermixed.

The sexual harassment allegations were subject of the recent lawsuit by police Officer Veronica Schultz.

New Visas To Russia Will Be Cheaper And For A Longer Period Of Time

September 27, 2012

Author: US visa lawyer Alena Shautsova

Recently, the US and Russia came to an agreement that they both will simplify the application process for tourist and business visas to these countries. The agreement will enter into effect on September 9, 2012. Please see moscow.usembassy.gov/russian-visas.html. Russian citizens may visit ustraveldocs.com/ru/index.html for specific instructions on how to apply for a U.S. visa.

Basically, to get a tourist or business visa to the US, a Russian citizen will need to pay $20.00 for visa (it was $100.00). Note that the $160 fee for application will still apply. The visa will be good for multiple entries during 36 months.

The agreement was reached due to the cooperation between the US Secretary of State Hillary Clinton and Russian Foreign Minister Sergei Lavrov.

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

May The Migrant Workers Apply For DACA Relief?

September 27, 2012

Author: Immigration attorney Alena Shautsova

While the USCIS accepting applications from hundreds of undocumented young people, many still will not qualify as they cannot produce proof of school attendance or being currently in school.

This is particularly true for migrant workers, those who come to work seasonally. In addition, this category of potential applicant may also face challenges proving continuous physical presence in the country.

Note that according to the DHS, school records act as the best evidence for both continuous presence and education requirements.

To satisfy school enrollment requirement, an applicant may enroll in Language School, as long as applicant’s job/job placement would be conditioned on completion of the language course, and applicant can demonstrate that with relevant documents (ex. letters from the hiring manager; supervisor at the job training program). Note that the USCIS also requires evidence that the “program is one of demonstrated effectiveness.”

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.

Tough Economic Times See Increases In Discrimination Claims

September 27, 2012

Author: Discrimination lawyer Alena Shautsova

As economic conditions change, sometimes job markets favor employees and sometimes they favor employers. The supply/demand ratio in the current market shows a greater supply than demand for employees, and unemployment rates are higher than the nation has seen for decades. Such conditions make it an employer’s market. Employers can be choosier when filling positions because the employment pool is comparatively large. Yet, similar to the 2001 recession period, these tough financial times have also seen a rise in discrimination complaints.

In January, 2012, the Equal Opportunity Employment Commission (EEOC) reported that employment discrimination in the private sector had hit an all time high for year-ending 2011. The EEOC reported the following employment discrimination statistics for the fiscal year 2011:

  • 99,947 charges of employment discrimination
  • $455.6 million in relief through the EEOC’s administrative program and litigation, which includes mediation
  • A $51 million increase in relief over the past three fiscal years
  • 5.4 million individuals benefiting from changes in workplace policies or practices
  • Record levels for EEOC mediation program resolutions at 9,831, and $28 million more than in 2010
  • 300 EEOC lawsuits resulting in $91 million in relief

The EEOC also reported that while racial and sexual discrimination allegations declined in 2011 compared to 2010, disability and age discrimination allegations increased. The Disabilities Act (ADA) produced the highest increase in monetary relief of any protected class category.

If you face workplace discrimination or harassment issues, discuss your situation with a New York immigration lawyer. Find out about your rights and get legal help to fight discrimination.

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.

Deferred Action Application for Childhood Arrivals

August 31, 2012

Author: Immigration lawyer Alena Shautsova

Deferred Action Application for Childhood Arrivals

With an announcement of the new Obama supported Immigration policy for young undocumented immigrants, millions received hope to stay and work in the country legally.

The deferred action application process calls for submission of certain forms published on the USCIS website, as well as supporting documents. While the guidance published by the USCIS help with the confusing questions in application forms, many should still consult with an attorney while filing for this relief.

The common questions are:

  • Shall I disclose to the authorities that I used false documents to enter the country?
  • How can I prove that I was physically present in the country on June 15, 2012?
  • Shall I disclose that I used someone’s social security number?
    Will other members of my family be affected by my application?
  • May the authorities use the information in the application for future removal proceedings?

Some representatives of the community strongly suggest not to file for the relief at all as it may expose the potential immigrant to the future removal proceedings. However, depending on personal circumstances, including possibility to adjust status through family immigration, be sponsored by an employer, or qualify for other relief, an applicant should simply make a informant decision and choose what is in his/her best interest. If you are looking for answers to the questions concerning DACA application, New York Immigration Lawyer can help you! Call today 917-885-2261.

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.

Discrimination Lawsuit brought by DOJ against Interstate Farm Company

August 31, 2012

Author: Law Office of Alena Shautsova

Work-authorized non-citizens brought a lawsuit against Rose Acre Farms through the Department of Justice (DOJ) that alleged discriminatory employment practices.

The Immigration and Nationality Act (INA), as explained by the DOJ, does not allow employers to require additional or other than specified documentation regarding citizenship or nationality from work-authorized employees when verifying work eligibility as part of the hiring process. The Assistant Attorney General for the Civil Rights Division stated that, “The INA’s anti-discrimination provision requires employers to treat employees equally in the employment eligibility verification process, regardless of citizenship status or national origin.”

Rose Acres used an electronic employment eligibility verification software program that may have influenced its human resources professionals to request additional documentation.

The DOJ is seeking an injunction against future discrimination by Rose Acres and demands changes be made in the company’s employment verification processes and policies. It is also seeking monetary damages on behalf of harmed individuals and requiring civil penalties be placed on the company.

Employers requesting more documentation than federally required are subject to discrimination lawsuits brought by the government.

The legal counsel for Rose Acres Farm argues that the company’s practices are not discriminatory and that they take pride in the diversity of their hiring practices where 45 percent of their employees are from minority groups and the majority of their workers are Hispanic. Rose Acres is a major egg producer, operating farms in six different U.S. states.

If you suspect workplace discrimination, a New York employment lawyer can help protect your rights. Immigration and employment are often inter-related and because our law firm deals with immigration and employment matters, we are well-versed in handling these types of issues.

The Law Office of Alena Shautsova is a New York immigration and employment law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.

Civil Rights Groups Continue Challenging Arizona Immigration Law

August 31, 2012

Author: Law Office of Alena Shautsova

While the U.S. Supreme Court rendered its decision in the Arizona Immigration Law case, more lawsuits still challenge the validity of the provision that the Supreme Court upheld.

CNN reported that a coalition of civil rights organizations filed a federal court motion to block the provision that requires officers to check immigration status if reasonable suspicion exists regarding illegal status.

The legal arguments and evidence covered by the lawsuit against the provision include:

  • Extended detentions for immigrants while checking status which violate Fourth Amendment rights against unreasonable searches
  • No established time length limiting detentions
  • Equal Protection Clause violations based on racial or natural origin discrimination (racial profiling)
  • Illegal and discriminatory language used in SB1070 intending to impose racial profiling

Civil rights organizations bringing the action include the American Civil Liberties Union (ACLU), National Immigration Law Center, the Mexican Legal Defense and Educational Fund, and the National Day Laborer Organizing Network.

Five states – Alabama, South Carolina, Georgia, Utah, and Indiana – passed similar laws to Arizona’s immigration law and these states also face legal battles to sort out the validity of their new laws. In Arizona’s case, according to news media outlets, approximately 30 percent of the state’s population is Hispanic, and the state has a 370-mile border with Mexico where undocumented immigrants cross into Arizona. It claims the federal government has not effectively dealt with the influx of immigrants who do not have legal status. Immigration reform at the federal legislative level appears to be deadlocked in diverse political views on immigration between Democrats and Republicans.

A New York immigration lawyer can help if you face deportation, other immigration issues, or wish to pursue permanent residency or U.S. citizenship.