Unlawful Presence And Citizens Of Canada

May 20, 2013

Unlawful Presence For Canadian Citizens

Unlawful presence is usually starts to run when a person, who is not a US citizen or US permanent resident overstays their visa or authorized stay. It does not start to run for holders of D/S I-94s, such as F-1 or J-1 students, for whom a USCIS officer or an Immigration Judge has not rendered a decision as to termination of their status and that they have to leave the country.

However, the question remains as to the validity of status for those who came in the US without a visa, such as citizens of Canada who come to the US without being formally “admitted.”
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Asylum Clock Settlement

May 14, 2013

Author: US Asylum attorney Alena Shautsova

Asylum clock issues have been preventing many applicants for asylum from receiving EAD and being able to support themselves while their cases being considered by Asylum Officer or Immigration Court. Sometimes, the wait time for EAD can be as long as several years. Imagine, during all this time the person is not able to legally work and have to accept jobs below minimum pay, hide from authorities and being stressed out every time the judge asks about his/her job situation.
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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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USCIS будет принимать звонки по субботам!

January 10, 2013

Операторы USCIS теперь будут принимать звонки по субботам.

К обычным часам работы с 800-800 по будням, федеральное агенство добавило субботине часы с 9 00- 5 00.

Новое время должно помочь тем обращающимся, которые ранее не могли позвонить из-за занятости на работе.

USCIS номер по прежнему

1-800-375-5283.

A Holiday Gift Ffrom USCIS: Revised Detainer Guidelines

December 27, 2012

Citing Memorandum by USCIS of June, 2010, ICE announced new detainer guidelines against undocumented immigrants.

The new detainer guidelines are to be used in the nation’s criminal system at the federal, state, local, and tribal levels.

To wit, ICE officers should issue a detainer for an immigrant only where they have a reason to believe the individual is a subject to removal from the US, and one or more of the following conditions apply:

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Can I Travel Outside The US With Advance Parole

December 18, 2012

A holder of the TPS status is allowed to apply for advance parole: a document authorizing the alien to travel abroad and return to the United States.

Section 212(d)(5) of the Immigration and Nationality Act (“INA”) grants the Attorney General authority to parole into the United States aliens seeking admission “on a case-by-case basis for urgent humanitarian reasons or significant public benefit.” 8 CFR § 212.5(f) authorizes USCIS to grant advance parole to aliens who will travel without a visa, by issuing “an appropriate document authorizing travel.”

The significance of the parole is that if a person entered without inspection, received a TPS or DACA status, traveled on parole and was in fact paroled back to the US, the person is no longer an EWI, and, can adjust status to one of the permanent resident.

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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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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.