Asylum in USA, Criminal Law, Deportation, Immigration To The USA, Uncategorized

DMV Denial of License

October 21, 2014

DMV Denial of License

New York Immigration lawyer Alena Shautsova

Have you recently moved from another state and had difficulties getting NY driver’s license? Were you totally confused? Were you blamed you are not a US citizen?

It happened to my client: a born US citizen who has spent several years in a different state, and when she came back to NY and decided to apply for NY driver’s license and report a change of her address, a lady at the DMV Manhattan office told her that …. she needs to present “more proof” that she in fact was a US citizen… hmm

My client actually presented a social security card; different state ID card; a US birth certificate; bank statements from different banks and utility bills. According to the DMV point system table she had enough points to get her NYS driver’s license. Nevertheless, the clerk told her to apply for a US passport and come back…

The question was: did the DMV clerks look at their own point table? Or is it just anther document issued to confuse everybody and make people’s life more difficult?

This client is a US citizen, and eventually, after visiting a different DMV location, she was able to get her license.

Many non-citizens, however, experience the same issue. The government passed the Real ID act which requires the DMV offices to check for the lawful immigrant status before issuing an ID to the applicant. However, DMV clerks are not attorneys and often they lack training to ascertain if a person is in fact in lawful immigration status or status that allows a person to receive a state ID or driver’s license. For example, another client of mine, an applicant for asylum was denied Chicago State ID because the clerk there decided that his documents showing pending case with the Immigration Court were not sufficient to prove authorized stay in the US…

At the same time, there are people without lawful immigration status who were able successfully to extend their 8 years DMV licenses even after the Real ID act…

Recently, New York City voted to issue Id-s to everybody, regardless of their immigration status.

Maybe, it is time to change the rules?

Immigration To The USA, Uncategorized, USCIS

What Happens if I 751 Petition Filed Late?

October 14, 2014

What Happens if I 751 Petition Filed Late ?

Author: New York Immigration lawyer Alena Shautsova

I-751 petition is an Immigration form that is sued to remove the condition from permanent residency for those non-citizens whose marriage with a USC was younger than 2 years old at the time adjudication of adjustment of status application or issuance of an immigrant visa.

I-751 must be filed within 90 days prior to the second anniversary of the conditional residency. Sometimes, the petition is submitted late. A jointly filed I-751 petition filed after the second anniversary of the CPR’s admission or adjustment may be considered only if the CPR is able to demonstrate good cause and extenuating circumstances for the failure to timely file. The instructions to the Form I-751 clearly state that a CPR may file a petition untimely only if he or she includes a written explanation for his or her failure to timely file and a request that USCIS excuse the late filing. The law provides for broad discretion as to what constitutes good cause and extenuating circumstances. Some examples of what constitutes good cause and extenuating circumstances may include but are not limited to: hospitalization, long term illness, death of a family member, the recent birth of a child (particularly if there were complications), and a family member on active duty with the U.S. military.

Please note that there is no limit as to how many I 751 petitions can be filed.

Those filers who request a waiver from joint filing, also can file multiple petitions. If an immigration officer encounters a waiver request petition subsequent to the denial of a previous waiver request petition based on the same ground (termination of a marriage entered in good faith, extreme hardship, or battery or extreme cruelty), the he/she will review the new petition to determine if the applicant has presented additional evidence different from the first petition. If a waiver request I-751 petition filed subsequently to a previously denied waiver request petition is based on a different ground than the previous petition, the immigration officer will evaluate the new petition separately from the previous denial.

If the petition is denied, then the USCIS has to issue a Notice to Appear, because person’s conditional resident status gets terminated.

Also, sometimes it is apparent the couple will separate or will file for divorce. Nevertheless, the non-citizen still has to file I 751 petition, sometimes prior to the divorce proceedings being finalized. If a CPR files a waiver petition based on termination of marriage, but the CPR is legally separated or in pending divorce or annulment proceedings, USCIS shall issue an RFE requesting documents
terminating the marriage. If the CPR provides within the allotted 87 days responsive information, the service center shall adjudicate the petition on the merits. Otherwise, the I-751 will be denied.

It is always a good idea to consult with an attorney prior to filing of I 751, or if after a joint filing, the couple separated. Denial of the I 751 petition leads to the removal proceedings and can be avoided if mistakes are corrected early.

Uncategorized, USCIS, Visas

RELIEF FOR CITIZENS OF EBOLA AFFECTED COUNTRIES

August 15, 2014

RELIEF FOR CITIZENS OF EBOLA AFFECTED COUNTRIES

Ebola Outbreak-related Immigration Relief Measures to Nationals of Guinea, Liberia and Sierra Leone Currently in the United States

Release Date: August 15, 2014 by USCIS

U.S. Citizenship and Immigration Services (USCIS) is closely monitoring the Ebola outbreak in West Africa. USCIS offers relief measures to nationals of those three countries who are currently in the United States.

Immigration relief measures that may be available if requested include:

Change or extension of nonimmigrant status for an individual currently in the United States, even if the request is filed after the authorized period of admission has expired;
Extension of certain grants of parole made by USCIS;
Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expedited processing of immigrant petitions for immediate relatives (currently in the United States) of U.S. citizens;
Expedited adjudication of employment authorization applications, where appropriate; and
Consideration for waiver of fees associated with USCIS benefit applications.

To learn more about how USCIS provides assistance to customers affected by unforeseen circumstances in their home country, visit www.uscis.gov/humanitarian/special-situations.

Immigration To The USA, Uncategorized, USCIS

DHS Website for Students

July 9, 2014

DHS New Website For Students

“The Department of Homeland Security (DHS) launched an enhanced Study in the Stateswebsite Monday with four new features. The features enable the Student and Exchange Visitor Program (SEVP), housed within U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), to convey pertinent information to stakeholders about the international student process in a clear and interactive manner.

The new features include:

An interactive glossary
An “Ask a Question” section
An enhanced School Search page
A mobile-ready version of Study in the States

“Being an international student is a complex process that involves several government agencies, and the new Study in the States tools will help students and schools easily find the latest news, information, interactive guides and videos they need,” said SEVP Director Lou Farrell.

The revamped site also features streamlined navigation and a blog geared to international students and school officials. Users can translate the site into multiple languages.

The Study in the States website serves as an information hub for the international student community. It brings together the various federal agencies that play a role in implementing our student visa and exchange visitor programs, including ICE, U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP).

Study in the Stateswas launched by former Homeland Security Secretary Janet Napolitano in 2011, as part of a larger DHS initiative to enhance our nation’s economic, scientific and technological competitiveness by finding new ways to encourage the most talented international students to study and learn about expanded post-graduate opportunities in the United States. This initiative includes a focus on streamlining the student visa process, enhancing coordination among government agencies and keeping international students better informed about student visa rules and regulations.

SEVP monitors approximately one million international students pursuing academic or vocational studies (F and M visa holders) in the United States and their dependents. It also certifies schools and programs that enroll these students. The U.S. Department of State monitors exchange visitors (J visa holders) and their dependents, and oversees exchange visitor programs.

Both use the Student and Exchange Visitor Information System (SEVIS) to protect national security by ensuring that students, visitors and schools comply with U.S. laws. SEVP also collects and shares SEVIS information with government partners, including CBP and USCIS, so only legitimate international students and exchange visitors gain entry into the United States.

HSI reviews potential SEVIS records for potential violations and refers cases with potential national security or public safety concerns to its field offices for further investigation. Additionally, SEVP’s Analysis and Operations Center reviews student and school records for administrative compliance with federal regulations related to studying in the United States.”

Asylum in USA, Criminal Law, Deportation, Immigration To The USA, Uncategorized

Crime of Moral Turpitude in Immigration Court and Record of Conviction

February 25, 2014

Author: Criminal Immigration attorney Alena Shautsova

Crime of Moral Turpitude in Immigration Court and Record of Conviction

Conviction of crime of moral turpitude may cause a permanent resident to be deportable if committed within 5 years from the date of admission. (Date of admission is the date when an alien was admitted to the US or paroled, but does not restart when an immigrant adjusts his or her status as per Matter of ALYAZJI, 25 I&N Dec. 397 (BIA 2011)).

However, what a crime of moral turpitude is, is decided in almost every case separately. Why? Because the term of “crime of moral turpitude” is a term of art. The Immigration and Nationality act does not provide a definition to it, and courts look at the conviction to determine whether a particular offense falls under the category of a CMIT.

In doing so, the courts follow the following analysis: first, they look at whether the statute a person was convicted of is divisible or not divisible. A statute is not divisible when it describes only one way to commit a crime. If the statute sets out a list of alternative ways to commit the crime, and where some of these “sub-violations” categorically meet the federal standard while others do not necessarily meet this federal standard, then the statute is divisible. A statute categorically meets federal standard when every violation of a particular criminal statute meets the generic federal definition.

If a non divisible State statute mimics the Federal definition, there is no reason to look at the record of conviction: the person will be found guilty of crime of moral turpitude for Immigration purposes. If not, the State statue includes acts that will not be punished under the Federal law, then the person will be “off” federal hook for Immigration purposes.

As for divisible statute: most likely the court will look at the record of conviction, which consists of criminal charge, the plea agreement, and any plea or sentencing colloquy. The record of conviction does not include arrest reports, the pre-sentence investigation, the testimony of witnesses, etc. Shepard v. U.S., 544 U.S. 13 (2005); U.S. v. Kovac, 367 F.3d 1116, 1120 (9th Cir. 2004).

In addition, currently, in several Circuits the courts are permitted to look beyond the record of conviction to see if the person committed a CMIT under the Matter of Silva-Trevino. This might present a problem for an immigrant who, essentially, will have to be re-tried in Immigration court for the same conduct he was tried in criminal court in. The court may look at any necessary and appropriate evidence to determine whether the foreign national’s conduct did, in fact, involve moral turpitude.

If you have questions regarding Immigration court proceedings, call office of Alena Shautsova 917-885-2261.

Asylum in USA, Criminal Law, Deportation, Immigration To The USA, Uncategorized

PAROLE IN PLACE: NEW IMMIGRATION POLICY

November 21, 2013

PAROLE IN PLACE FOR MILITARY FAMILIES

Who is eligible?

Spouses, Children and Parents of

Active duty Members of the U.S. Armed Forces
Individuals in the Selected Reserve of the Ready Reserve
Individuals previously served in the U.S. Armed Forces or Selected Reserve of the Ready Reserve

The eligible individuals should not have criminal convictions and should submit the following documents:

Application for Parole on USCIS form I 131
Evidence of the family relationship
Evidence of the family member belongs to the eligible group of the U.S. Armed Forces
Evidence of the additional favorable factors

Call Alena Shautsova, New York Immigration lawyer to get FREE PHONE CONSULTATION REGARDING PAROLE IN PLACE RELIEF: 917-885-2261