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Why Hiring an Experienced Marriage Immigration Lawyer is Critical for Your Marriage-Based Immigration Case

September 26, 2024

Why Hiring an Experienced Marriage Immigration Lawyer is Critical for Your Marriage-Based Immigration Case

Navigating the U.S. immigration system, especially for marriage-based cases, can be daunting. From gathering the right documentation to complying with complex legal procedures, there’s a lot at stake. Mistakes or misunderstandings can lead to delays, rejections, or worse, deportation. This is why hiring an experienced immigration lawyer, such as Alena Shautsova, to handle your marriage-based immigration case is a smart and effective choice.

Alena Shautsova is a seasoned immigration attorney based in Brooklyn, NY, who has a track record of helping couples through the complexities of U.S. immigration law. With her deep expertise and client-centered approach, Shautsova offers critical advantages that make the process smoother, more efficient, and far less stressful. Here are the benefits of hiring her for your marriage-based immigration case:

1. Navigating Complex Immigration Laws

Immigration law in the U.S. is notoriously complex, with constantly evolving rules and regulations. Marriage-based immigration is no exception. Whether you’re applying for a green card or trying to adjust your immigration status, it’s easy to get overwhelmed by the legal jargon, forms, and procedures involved.

An experienced immigration lawyer like Alena Shautsova has spent years mastering the nuances of immigration law. Her knowledge enables her to guide you through every step of the process, ensuring that no mistakes are made and that all requirements are met. This minimizes the risk of delays and rejections due to technical errors.

2. Maximizing the Chances of Success

One of the most significant benefits of hiring a skilled immigration lawyer like Alena Shautsova is that it dramatically increases the likelihood of a successful outcome. Marriage-based immigration cases can be subject to extensive scrutiny by U.S. Citizenship and Immigration Services (USCIS). Even small errors or inconsistencies in your application can lead to denials or prolonged delays.

With Shautsova by your side, you can be confident that your case will be presented in the best possible light. She will thoroughly review all your documents, prepare you for interviews, and address any concerns or complications that may arise. This meticulous approach ensures that you meet all the legal requirements and reduces the chances of your application being denied.

3. Tailored Legal Strategy

Every marriage-based immigration case is unique. Some couples may face complications, such as prior immigration violations, criminal records, or significant age differences, which could raise red flags during the process. Alena Shautsova understands that each case requires a customized approach.

By assessing your situation, she can develop a tailored legal strategy that maximizes your chances of approval. This could involve gathering additional evidence to prove the legitimacy of your marriage, addressing any potential issues upfront, or providing legal solutions for complex situations. Shautsova’s personalized approach ensures that your case is handled with the attention it deserves.

4. Avoiding Common Pitfalls

Many couples make the mistake of thinking they can handle the marriage-based immigration process on their own. However, even small errors in filling out forms, missing deadlines, or providing incomplete information can result in significant setbacks. Immigration officials are known for their strict adherence to procedures, and they are unlikely to be lenient if you make a mistake.

Alena Shautsova’s expertise helps you avoid these common pitfalls. She ensures that all paperwork is filled out correctly, deadlines are met, and every piece of evidence is properly submitted. With her guidance, you can be confident that your case is on solid ground from the very beginning.

5. Efficient Handling of the Process

Time is often of the essence in immigration cases. Whether you’re trying to reunite with your spouse in the U.S. or secure a green card, delays can be frustrating and emotionally taxing. Unfortunately, the immigration process is notorious for its lengthy wait times, and any mistake can prolong the process even further.

By hiring Alena Shautsova, you can speed up the process by ensuring that everything is done correctly the first time. Her experience with USCIS procedures and timelines allows her to anticipate potential delays and navigate them efficiently. She also keeps you informed throughout the process, so you’re never left wondering about the status of your case.

6. Representation During Interviews and Hearings

The marriage-based immigration process often involves interviews with immigration officers to determine the legitimacy of the marriage. These interviews can be nerve-wracking, especially if you’re unsure of what to expect or how to answer certain questions.

Having Alena Shautsova represent you during these critical moments can make a significant difference. She will help you prepare for the interview, ensuring that you’re ready to answer questions confidently and truthfully. If any issues arise during the interview, she will be there to address them professionally, advocating on your behalf.

In some cases, marriage-based immigration cases may require hearings before an immigration judge, especially if complications arise or if the case is denied. In these situations, having an experienced attorney like Shautsova is essential. Her courtroom experience and deep knowledge of immigration law ensure that your rights are protected and that you have the best possible chance of a favorable outcome.

7. Handling Complicated Cases

Some marriage-based immigration cases are more straightforward than others. However, if you or your spouse have prior immigration violations, criminal records, or face other complicating factors, your case becomes much more complex.

Alena Shautsova specializes in handling complicated immigration cases. She can navigate issues like prior deportations, visa overstays, or complex criminal backgrounds that might otherwise derail an immigration application. With her expertise, she can find solutions and workarounds to even the most challenging issues, ensuring that your case moves forward despite obstacles.

8. Peace of Mind

Perhaps the most valuable benefit of hiring an experienced immigration lawyer like Alena Shautsova is the peace of mind that comes with knowing your case is in capable hands. Immigration processes can be stressful, time-consuming, and emotionally draining. By entrusting your case to a knowledgeable professional, you can focus on your life and relationship without constantly worrying about the details of your immigration status.

Shautsova takes the burden off your shoulders, handling the complexities of the legal process while keeping you informed every step of the way. Her compassionate, client-focused approach ensures that you feel supported throughout the entire process.

Conclusion

The marriage-based immigration process is fraught with legal complexities, strict requirements, and potential pitfalls. By hiring an experienced immigration lawyer like Alena Shautsova, you can significantly improve your chances of success. From navigating complex laws to preparing for interviews, avoiding common pitfalls, and representing you in court if necessary, Shautsova provides invaluable expertise that simplifies the process and reduces stress. If you’re looking to secure your future with your spouse in the U.S., Alena Shautsova is the advocate you need to guide you through the process with confidence. Call us 917 885 2261 or visit www.shautsova.com

Ukrainians Need Ukrainian Adjustment Act!

January 3, 2023

Ukrainian Refugees Seek Jobs And Normalcy, But Find It Hard To Do So

According to the government authorities, nearly a quarter of a million Ukrainian refugees who have escaped the Russian invasion of Ukraine have arrived in the United States. Many of these people are leaving behind family members and friends, their lives and their livelihoods. Some of those left behind are unsure of when they will see each other again.

Refugees Who Have Been Uprooted From Their Lives

It is a long journey for those escaping the fighting, who are traveling to America. Indeed, the number who make it to the US represents a much smaller part of those fleeing. Estimates of as many as 12 million Ukrainians have fled after Russia invaded their country in February of last year, with many still trying to leave. Of those who arrived in America, some came in as recently as last month.

Many of the immigrants desire to work, study, and attend college. These refugees are hardworking, well-educated people. They have skills and qualifications. Many are not content to sit back and feed off the system.

Obstacles To Establishing Themselves

Despite their skills, the refugees face many challenges as they try to integrate themselves into American society. Ukrainians are frequently prevented from working in their sector of choice due to linguistic problems. Some are having difficulties trying to enrol in college or obtaining professional certificates for their previous fields.

Since most Ukrainian refugees are women and children, they must also deal with childcare difficulties. In addition, they may encounter challenges such as American institutions not acknowledging their degrees or a lack of assistance in their search for white-collar jobs. For many, the job market here shares little with what they are more familiar with back home.

These Refugees Can Fill A Need

For the most part, American society needs the skills and qualifications these refugees bring. In some states, there are hundreds of thousands of job vacancies, and the Ukrainian refugees bring with them applicable skills. Whether there is sufficient help from companies and community-based organizations to assist the refugees in making the required changes is the question.

These are professionals with advanced skills, such as scientists, medical professionals, military officers, educators, and technicians. They can fill roles that American society desperately needs, yet they are among those frantically looking for employment. They have more to offer than the typical refugee employment in factories, warehouses, and retail establishments.

Overcoming The Challenges They Face

For immigrants or refugees, finding employment requires more than just being in the right place at the right time. It also requires knowledge of potential hiring process differences in the US.

Career development specialists advise people to start looking for employment or job titles that are comparable to their previous careers, then get in touch with the recruiting managers of those companies. Without a network of links, things can be difficult.

In an effort to provide some assistance, more than a few support groups have been formed in many US cities. These groups offer aid to arriving refugees, helping them find housing. Some also assign guides to the refugees that help them assimilate into American society.

Calls For The Government To Step In

The United States Government made a significant announcement has made it possible for Ukrainian refugees to enter the country easily. In April, President Biden pledged to accept Ukrainian refugees escaping Russia’s invasion. Arrangements were made mechanism for Ukrainian nationals and members of their close relatives who live abroad to enter the US and stay for a brief two-year parole period.

However, a lot of people want the government to take greater action. Some contend that the refugees require long-term protection as well. They demand that the government provide long-term assistance and a stable route to creating a life and a long-term status.

The Current Situation In Ukraine

Some experts predict that the Russian war effort may come to a rather anticlimactic end. With no end in sight, some are suggesting that a tentative ceasefire with both sides making compromises is the best option. Faced with stiffer than expected resistance, the Russian offensive has been subjected to a prolonged conflict, which has ground to a stalemate.

The strain on the Russian chain of command is showing, with strategic attacks becoming more sporadic. Indeed, the Russian offensive is showing misfires, with a stray missile entering Belarusian airspace just yesterday. Russia is deliberately targeting infrastructures such as power generation and road networks, trying to cripple Ukrainian morale.

Those less than stellar tactics are having a devastating effect on communities and those who still remain in Ukraine. More so as nine months have passed since the start of the Russian invasion and Ukraine is now in the dead of winter. Snow has covered all of the demolished buildings in Ukraine, and the untouched buildings are left without heating or power.

But those who managed to reach the US are in desperate need of help. In the best-case scenario, a person would qualify for a TPS or parole for 2 years, but those options are not leading to a green card or permanent residency, and are only a temporary “fix” for a problem. A Ukrainian Adjustment Act, a law that would allow eligible Ukrainians to file for green cards would help to provide some stability for the nationals left without a home and will help to unite families which are separated by the war…

HOW DOES ICE KNOW WHERE TO FIND YOU? APPARENTLY, YOU TOLD THEM (WELL, NOT EXACTLY)

September 6, 2022

Author: New York Immigration Lawyer Alena Shautsova

Many undocumented individuals residing in the United States are afraid to leave a paper trail like opening a bank account or even visiting a hospital because they are concerned that this information will be used by the government to deport them. Apparently, such worries have grounds. A lawsuit was filed LexisNexis- a data broker- to cut over allegedly selling personal data of immigrants to Immigration and Customs Enforcement (ICE). The lawsuit claims that LexisNexis helped in creating a large number of surveillance files on almost every adult in the United States. Immigration and Customs Enforcement(ICE) is also accused of using this information in safe cities for immigrants. Plaintiffs in this lawsuit include Organized Communities Against Deportation, Mijente, Just Futures Law, Legal Action Chicago, and Coalition for Immigrant and Refugee Rights.

It has been reported that the information provided to Immigration and Customs Enforcement by LexisNexis, is data that otherwise can only be obtained with a court order, subpoena, or some other legal processes. Access to this information allows Immigration and Customs Enforcement to easily (without a due, fair process) arrest and deport immigrants without complete documentation.

Reporting at a meeting of the Cook County Board of Commissioners, a member of the Illinois Coalition of Immigrant and Refugee Rights and Access Living identified as Michelle Garcia started how she used LexisNexis to search her records, and found an overwhelming amount of personal data collected on her. Her personal information which she found included information that she wouldn’t ordinarily share. Not only was her personal information found there, but also information on her family members and neighbors whom she shares the same apartment complex with.

In Michelle Garcia’s words, “LexisNexis collected 43 pages of information about me, my family, and my acquaintances. It was extremely disturbing, scary, and overwhelming to see everything in writing that they have collected about my life as a Cook County resident. … This information is in the hands of a third party like LexisNexis, and then potentially in the hands of ICE, putting my loved ones and other community members at risk. I have the privilege of citizenship. But if I were one of the millions of undocumented people living in the U.S., ICE could find me within a matter of hours by searching through a report like mine. ICE is still free, has free rein to go after anyone they believe is deportable.”

When asked to lay out the details of the lawsuit and the significance of filing it in the State of Illinois, Cinthya Rodriguez, the national organizer with Mijente, disclosed how LexisNexis is gathering and selling the data of over 276 million people across the United States, especially with the aid of their Accurint product.

Cinthya Rodriguez went on to state how they want to shed light on the violation of privacy and consumer rights in the State of Illinois and the state’s common laws. As one of the biggest data brokers in the world, LexisNexis is “getting rich off the backs” of people by collecting and selling personal information, especially of community members. This in turn could lead to their arrest, detention, and deportation.

Previously, commissioners of Cook County in Illinois led an investigation to unravel the local consequences of the $22.1 million contract deal between LexisNexis and the Immigration and Customs Enforcement. Reports also have it that LexisNexis is not the only firm entering into this kind of contract with ICE.

A major unsettling fact about the issue is the ability of these agencies to gather a vast amount of personal data, including data that is not publicly available. Hence, a major reason why various immigrant advocacy communities entered the lawsuit is that they believe that the ICE is using this information collected illegally to bypass the non-compliance of cities and towns to detain undocumented immigrants.

In her interview with Democracy Now, Cinthyia Rodriguez further highlighted some ways data are collected. She described organizations like LexisNexis as a one-stop shop for data items such as phone numbers, addresses, license plate information, medical information, credit scores, and more. She stated that “tabs are kept on immigrant communities, communities of color, and protesters.” This is harming the well-being of these persons. Besides, none of this information including items such as social security numbers is collected without the owner’s consent.

It is sad to note that the privacy of the common U.S. citizen is severely threatened by such acts of impudence demonstrated by a government agency and data broking establishment. This is a breach of the fundamental rights of people, a right to privacy.  

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

March 7, 2022

U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE

With the large awareness of the Russia-Ukraine dispute, the current situation of the world is no longer news to anyone. Worst still, the insecurity caused by the Russia-Ukraine feud does not only affect both parties but also their surrounding neighbors. The affected countries include; Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia.

Due to the insecurity posed by this feud, the U.S. Immigration and Customs Enforcement (ICE) has temporarily ceased the deportation of persons to Russia, Ukraine, Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia. Illegal immigrants of all nine countries have been granted a temporary stay in the United States pending further decisions.

U.S. Immigration and Customs Enforcement Cessation Of Deportation

While publicizing the matter, a spokesman of the U.S. Immigration and Customs Enforcement(ICE) said that “amid the ongoing humanitarian crisis occurring in Ukraine, US ICE has paused repatriation flights to Ukraine. ICE will continue to monitor the ongoing situation and make operational changes as necessary.” One fact awaiting clarity is how long the temporary cessation of these flights would last.

Following a briefing earlier reported to CBS News, not only will the deportation of persons to Ukraine and Russia be halted, but also to seven other nations bounding the region of the continuous violence. As mentioned above, these nations include Belarus, Poland, Romania, Moldova, Slovakia, and Georgia. This halt of the repatriation process is in other to protect deportees from the fierce violence raging between Russia and Ukraine. It would rather be unfair, unsafe, and against the U.S. “ethics of national security,” to send deportees to such areas.

As of 3 March 2022, the U.S. Department of Homeland Security had reportedly set up a Temporary Protected Status(TPS) scheme. The TPS scheme was enacted to allow Ukrainians to access deportation protection and job permits. This was done to temporarily impede their return to their war-infested country, while also possessing a means of livelihood. The Temporary Protected Status was developed for non-permanent and does not permit recipients to acquire permanent residency in the United States.

Alejandro Mayorkas, the Homeland Security Secretary reassured in a statement that continued help and protection will be extended to the Ukrainian citizens in the United States in a period of uncommon times such as this.

The Russia-Ukraine Feud

Almost a million persons have reportedly fled Ukraine and more are believed to flee the country in the coming weeks. Hundreds have been reported dead. All thanks to the feud between Russia and Ukraine.

Russia and Ukraine were both parts of the old Soviet Union of which Russia was a major power.

Historical precedence suggests that war has never been the answer to any problem. Rather it has only destroyed the lives of many. War rarely ever solves any problem peace could not. Of a certainty, many world leaders aren’t particularly war-hungry people but people who just want to better their society to the best of their ability. A better understanding amongst leaders would help achieve a peaceful co-existence.

RELIEF FOR THOSE IN THE US

Here are possible solutions who are affected by this conflict.

  1. Asylum for those who can qualify. If for example,  a Russian national possesses strong political views in opposition to the current Russian government, he/she may seek asylum in the US if can prove persecution (past and/or future).
  2. Asylum may also be available for Ukrainian nationals depending on the controlling in Ukraine powers, and other qualifications.  At the time of conflict itself, however, it is too soon to tell how it may affect the asylum eligibility for the nationals of Ukraine.
  3. TPS for Ukrainian nationals. TPS for Ukrainian nationals will be available once the announcement and special notice are published in the Federal Registry. Currently, the announcement states that a person would have to show that they have resided in the US since March 1, 2022. TPS is not a green card; it will not (without a reform) lead to a green card. It will provide protection from the removal; will provide an open market work authorization, and the ability to apply for advance parole. As a rule, there are only very limited circumstances that would disqualify one from receiving TPS: certain criminal convictions.
  4. Humanitarian Parole may help those overseas.
  5. Non-Immigrant and Immigrant visas. Department of State periodically refreshes its guidelines on how and where to apply for Non-Immigrant and Immigrant visas for the nationals of Ukraine.

It is possible that the US government will announce more programs that would benefit Ukrainians, such as refugee status or parole. However, usually, it takes significant time for a person to qualify for refugee status: the vetting may take years.

References

For More information on TPS:

https://www.google.com/amp/s/www.republicworld.com/amp/world-news/russia-ukraine-crisis/us-suspends-deportation-flights-to-ukraine-russia-and-seven-other-european-nations-articleshow.html

https://www.google.com/amp/s/thehill.com/policy/national-security/596801-ice-pauses-deportations-to-russia-ukraine-amid-invasion%3famp

https://www.npr.org/2022/03/03/1084409254/tens-of-thousands-of-ukrainians-can-stay-in-the-u-s-without-fear-of-deportation

https://www.aa.com.tr/en/americas/us-grants-temporary-protected-status-to-ukrainians-as-war-rages/2523265

Biden Administration Reveals Immigration Blueprint

July 29, 2021

Biden Administration Reveals Immigration Blueprint

Author: NYC Immigration Lawyer Alena Shautsova

On July 27, 2021 Biden Administration published Immigration Blueprint or a comprehensive plan that includes steps to reform the United States Immigration System. The plan addresses the most troublesome areas of the US Immigration including border security and asylum, Immigration court and access to representation in immigration proceedings, visa backlog, and more. The published Blueprint can be accessed at www.whitehouse.gov.

In this video I share my thoughts on the Blueprint, and provide more explanations on the issue:

Subscribe to our YouTube Channel: 🔔 Click here and subscribe to my channel for the Latest Immigration News https://www.youtube.com/channel/UCBSrIQswMdYh_T1qToEZRrQ?sub_confirmation=1

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Immigration News: DACA Is Ordered Illegal By a Federal Judge

July 23, 2021

Author: NYC Immigration Lawyer Alena Shautsova

DACA or Deferred Action for Childhood Arrivals has helped hundreds of thousands of kids who were brought to the United States to be protected from deportation and receive at least a work permit. It was first announced by President Obama in 2012, and ever since has been a target of political wars between pro and against immigrant forces. DACA was able to withstand various attacks until recently when a Texas federal judge ordered the program to be illegal. Judge Hanen stated that President Obama did exceed his authority to protect kids from deportation, and ordered that the Department of Homeland Security stops approving new DACA applications… Judge Hanen’s decision left many in frustration and dismay: thousands of kids and now young adults lost all hopes for “legalization.” With their future in the US uncertain, all hopes turned to the Senate. The vote in the Senate may help to pass American Dream and Promise Act which provided status to those who are DACA eligible and other young adults… See our proposed reform summaries here: https://www.russianspeakinglawyerny.com/immigration-reform-updates-when-will-it-happen/.

For now, all those who are currently holding DACA status remain eligible for renewals, including employment authorizations and advance paroles, but no new applications can be approved. However, those filing for the first time may file their applications with USCIS, but the applications will not be approved until Judge Hanon’s decision is changed or appealed.

Watch our video and explanation on the most recent DACA news:

Breaking Immigration News: Administrative Closure Is Back!

July 16, 2021

Author: New York Immigration Lawyer Alena Shautsova

Today, July 15, 2021, the Biden Administration overturned Trump’s Attorney General’s decision in Matter of Castro‑Tum, 27 I&N Dec. 271 (A.G. 2018) and returned administrative closure to the US Immigration courts.

The significance of the decision cannot be overstated: for years since Castro-Tum, immigration Judges were deprived of the ability to control their dockets and postpone cases where respondents were waiting for interim reliefs.

Administrative closure will allow resolving the US Immigration court backlog, and will be helpful to those who either cannot have relief from removal, or have to wait for USCIS to adjudicate underlying petitions.

Watch more:

BREAKING NEWS

Immigration News: USCIS Waives Interviews, Biden Holds Naturalization Event, Immigration Court Trends

July 6, 2021

Immigration News: USCIS Waives Interviews, Biden Holds Naturalization Event, Immigration Court Trends

Author: New York Immigration Lawyer Alena Shautsova

With the new administration in the Oval Office, the Immigration system and USCIS started to change rapidly. To date, USCIS changed its policies including honoring prior decisions, granting U visa applicants work permits, extending work permits for adjustment of status applicants, and more. In one recent trend, USCIS also started to waive interviews for certain adjustments of status applicants. USCIS waives interviews for employment-based, SIJ based adjustments, as well as VAWA based adjustments, and I 730 beneficiaries.

USCIS focus on Naturalization:

In addition, USCIS announced that it would continue to focus on promoting naturalization and citizenship. In fact, President Biden hosted a naturalization event during which 21immigrants became new US citizens: https://www.youtube.com/watch?v=CUertGpv7rw

Reopening of Immigration courts:

Immigration courts are set to open next week, and you need to be prepared. Learn more on our Youtube Channel: https://www.youtube.com/channel/UCBSrIQswMdYh_T1qToEZRrQ!

Immigration Reform Updates: When Will It Happen?

June 27, 2021

Immigration Reform Updates: When Will It Happen?

Author: New York Immigration Lawyer Alena Shautsova

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In the law office of Alena Shautsova, New York Immigration attorney, we help non-citizens to achieve their dreams to become US lawful permanent residents and citizens. Biden administration voiced their commitment to change the US Immigration System and do all in their power to deliver the Immigration reform. But the executive branch of the government is limited in its actions. Although changing USCIS policies will help thousands of people, the real relief can be brought by the legislative arm of the government or Congress only. Here, we will discuss some of the legislative proposals that were recently introduced or reintroduced by the President, Republicans and Democrats. I will share my thoughts regarding the possible success of the proposals and the latest news related to their status.

The US citizenship Act of 2021. This is the law that was proposed by President Biden. This proposal is very broad and if passed, would bring relief to pretty much every non-citizen who has been residing in the US since January 1, 2021. It has two main tracks: one is for those who do not have any status in the US and are not DACA, or TPS holders and are not agricultural workers. It proposes first a temporary residence for six years with an opportunity to file for permanent residence after five years. Once the person holds permanent residence for three years, he/she will be able to apply for naturalization. For DACA, TPS holders, and Agricultural workers it creates a direct path to green card. There are other significant proposals contained in this act, such as the elimination of the one-year asylum filing deadline, for example.  The only update we have with regard to its current status is that on April 28, 2021, it was referred to the Subcommittee on Immigration and Citizenship. In my opinion, it is unlikely that this proposal will pass in its current form, just because it is too broad, does not contain any limitations on the length of the residency required to meet the qualifications for temporary status, and I would treat it more as a conversation starter rather than the practical proposal that can be worked on.

The Dream and Promise Act of 2021, is a bipartisan bill, that would provide conditional permanent resident status for 10 years to  “dreamers”: a qualifying alien who entered the United States as a minor (18 years old or younger on the date of the entry) and (1) is deportable or inadmissible, (2) has deferred enforced departure (DED) status or temporary protected status (TPS) (resided in the US since January 1, 2017 in a TPS status), or (3) is the child of certain classes of nonimmigrants. The bill imposes various qualifying requirements, such as the alien being continuously physically present in the United States since January 1, 2021, passing a background check, and being enrolled in or having completed certain educational programs. DHS shall remove the conditions placed on permanent resident status granted under this bill if the alien applies and meets certain requirements, such as completing certain programs at an educational institution, serving in the military, or being employed. Furthermore, DHS and DOJ shall cancel the removal of certain aliens who had TPS, were eligible for TPS, or were eligible for DED status on certain dates. Such an alien shall receive permanent resident status upon meeting certain requirements and applying for such status within three years of this bill’s enactment.”

This Bill is much narrower in nature, is tailored for DACA holders, and TPS holders, rather than all non-citizens. For that reason, taking the conservative opposition, it has a real potential of being passed, perhaps with some modifications. The last action on the bill was performed on June 15, 2021 when hearings in the Senate took place.

Citizenship for Essential Workers Act 2021 is another great proposal that, if passed, will bring relief to millions, because it happened that millions of undocumented immigrants in the US are also essential workers, working in construction, health care and child care services, food preparation, delivery, trucking, restaurants, and retail businesses, etc. that served and saved the country during the COVID pandemic. The bill would grant adjustment of status or green card to anyone who can prove that they earned income during the pandemic, even if a person had a prior order of removal, as long as the person passes security background checks. An employer will have to confirm that the employee worked for them, facing severe sanctions in case of arbitrary refusal. The Bill would allow depends of the main applicants (sons, daughters, spouses, parents in certain situations, to benefit form it as well). The following sectors are covered by the bill:

“(A) Health care.

“(B) Emergency response.

“(C) Sanitation.

“(D) Restaurant ownership, food preparation, vending, catering, food packaging, food services, or delivery.

“(E) Hotel or retail.

“(F) Fish, poultry, and meat processing work.

“(G) Agricultural work, including labor that is seasonal in nature.

“(H) Commercial or residential landscaping.

“(I) Commercial or residential construction or renovation.

“(J) Housing, residential, and commercial construction related activities or public works construction.

“(K) Domestic work in private households, including child care, home care, or house cleaning.

“(L) Natural disaster recovery, disaster reconstruction, and related construction.

“(M) Home and community-based work, including—

“(i) home health care;

“(ii) residential care;

“(iii) assistance with activities of daily living;

“(iv) any service provided by direct care workers (as defined in section 799B of the Public Health Service Act (42 U.S.C. 295p)), personal care aides, job coaches, or supported employment providers; and

“(v) any other provision of care to individuals in their homes by direct service providers, personal care attendants, and home health aides.

“(N) Family care, including child care services, in-home child care services such as nanny services, and care services provided by family members to other family members.

“(O) Manufacturing.

“(P) Warehousing.

“(Q) Transportation or logistics.

“(R) Janitorial.

“(S) Laundromat and dry-cleaning operators.

As one can see, it is very broad. Most importantly, it would also help a parent, spouse, son, or daughter of a member of the Armed Forces, including the National Guard. The only continuing presence requirement to meet under this bill: is that a person has to reside in the US since January 1, 2021 and until the application is approved. Ineligible individuals will include those who: “(A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and

“(B) (i) was outside the United States on January 1, 2021; or

“(ii) reentered the United States unlawfully after January 1, 2021.

The last action on this bill was undertaken on May 12, 2021 when Committee on the Judiciary Subcommittee on Immigration, Citizenship, and Border Safety held hearings.

Farm Workforce Modernization Act of 2021. This is another bill that has a lot of potential due to its limited nature. Under the bill, DHW would grant a status an applying alien who “ (1) performed at least 1,035 hours of agricultural labor during the two-year period prior to March 8, 2021; (2) on that date was inadmissible, deportable, or under a grant of deferred enforced departure or temporary protected status; and (3) has been continuously present in the United States from that date until receiving CAW (certified agricultural worker)  status. The bill imposes additional crime-related inadmissibility grounds on CAW applicants and makes some other grounds inapplicable.” The status shall be valid for 5.5 years and may be extended. DHS may grant dependent status to the spouse or children of a principal alien. An alien with a pending application may not be detained or removed by DHS and shall be authorized for employment until DHS makes a final decision on the application. A CAW alien (and dependents) may apply for lawful permanent resident status after meeting various requirements, including performing a certain amount of agricultural labor for a number of years. The last action on the bill was March 22, 2021 when it was received in the Senate and read twice and referred to the Committee on the Judiciary.

In March of 2021, House Republicans also offered something called Dignity Plan, but the only information available so far is the draft of the main points. The text of the prosal draft is available here: https://files.constantcontact.com/1849eea4801/326f035f-8025-4a33-a40a-cbb3a5c06c46.pdf

Among the main points is that this proposal created a long-term path to a green card, includes a fine as a part of the application process, and provides a temporary status first for 10 years, with an opportunity to qualify for a  green card later.

There are the main proposals with real potentials to be adopted, at least in parts. As one can see, so far the latest action on any of them was performed in mid-June.  Taking into consideration Democrats’ voiced attempts to try to pass some Immigration provisions as a part of the budget voting, it can be expected that any future meaningful actions shall be undertaken no earlier than Fall of 2021.

In the meantime, one can try to benefit from the ICE/DHS prosecutorial discretion and changed USCIS policies that may bring at least temporary relief.

f you need help with Immigration challenges in the US, book a confidential consultation by calling 917 885 2261. (Consultation fees apply).

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How To Switch From Asylum Pending to Marriage-Based Green Card

April 25, 2021
CHOICES | Office for People With Developmental Disabilities

Author: New York Immigration Lawyer Alena Shautsova

Alena Shautsova, New York Immigration lawyer helps her clients to understand the United States Immigration laws and navigate the complex Immigration system.

There are thousands, or perhaps millions of asylum applications that have been filed in the United States in the past decade. Many of those applications are so-called “affirmative” asylum applications: applications filed before USCIS Asylum office. In the affirmative asylum process, a person may wait for their Asylum interview for years, and in very rare instances decades. At times, during the wait time, a person’s personal situation may change: a person may divorce and remarry, a person may marry, etc. The question many ask is if it is possible to receive a marriage-based green card if a person has “asylum pending status”.

The answer depends on several factors, related to a person’s admissibility because different qualifications are used by USCIS to determine if a person qualifies for asylum and if a person qualifies for adjustment of status based on marriage. When a person files for asylum, it does not matter if he/she crossed the border or entered the United States legally: the manner of entry is not an issue for the asylum qualifications. But it matters a lot for adjustment of the status case: only a person who can demonstrate that he/she was inspected and admitted or inspected and paroled may adjust status in the United States (with some very few exceptions).

Another important consideration to keep in mind is if a person will need waivers for adjustment: for example, a person who files for asylum may qualify for it even if he/she entered the country with fraudulent documents, or has certain criminal convictions. But an applicant for adjustment of status, in a similar situation, may require a waiver, which may be hard to qualify for.

Finally, the marriage must be of course bona fide and with a US citizen due to the fact that the adjustment is possible only if a person maintains non-immigrant lawful status throughout his/her time in the United States. There is only one exception from this rule: it is the adjustment of status for immediate relatives (spouses of US citizens, children of US citizens under 21, and parents of US citizens).

There may be some other important factors to keep in mind while trying to adjust status in the United States, and for that reason, a person should at least consult with an attorney before submitting their Immigration petitions and applications to USCIS.

What if you can adjust and you are married? In this case, if you are still under the jurisdiction of the USCIS (most cases whose interview has not been scheduled yet), you will need to prepare and submit to USCIS the adjustment package (usually, includes forms I 130, I 130A, I 485, I 765, I 864). USCIS will issue the receipts and with time, will call the couple for the interview.

Many are asking: is it possible to withdraw the asylum application in such a situation. Of course, you always have a right to withdraw your asylum application. But you cannot erase it from your history. Normally, a person would wait for the green card to be approved and then would ask USCIS to withdraw or dismiss their asylum case. But each person’s situation is different, and he/she should consult with an attorney prior to submitting the request for withdrawal.

Now, even if you were transferred to court, and you marry a US citizen, you still may have a chance to adjust your status, but the way you submit your applications with USCIS and EOIR (Immigration Court) now will be different. Also, your burden of proof for the real marriage will be higher.

If you need a consultation on how to change your asylum pending status, give us a call at 917 885 2261 to reserve your confidential appointment. (Note, all appointments are subject to a fee).