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F-1 TRAVEL DURING CAP-GAP EXTENSION

May 16, 2013

F-1 TRAVEL DURING CAP-GAP EXTENSION

Author: Alena Shautsova

Holders of F-1 status who applied for H1B  change of status and were selected for the next fiscal year, have their status automatically prolonged until October 1: the first day when they can legally accept employment in H1B category.

Many of them, however, would like to visit their home country before they start the new work life. Can they do so and come back in F-1 status?

Apparently, no they cannot. It means that if an F-1 holder travels internationally during the cap-gap extension period, he/she will lose the F-1 status.  Is there any solution for this dilemma?

Yes. If an F-1 holder on cap-gap extension wishes to travel, he/she will have to apply for H1B visa stamp after he/she leaves the US and enters the US in H1B status. A person with approved H1B petition can be admitted into the US 10 days prior to the start of  his/her work, meaning the earliest day of admission would be September 20.

For all students intending to travel overseas, it is best to obtain immigration attorney advice prior to leaving the country.  You may direct your Immigration questions to New York Immigration lawyer Alena Shautsova at 917-885-2261.

 

Asylum in USA

Asylum Clock Settlement

May 14, 2013

Author: US Asylum attorney Alena Shautsova

Immigration News

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.

We recently announced that there was a Class Action lawsuit filed in connection with Asylum Clock procedures, and today USCIS announced that the settlement was reached:

“The Department of Homeland Security and the Department of Justice have agreed to settle a nationwide class action lawsuit challenging the denial of work authorization to asylum seekers who have been waiting six months or more for a decision on their asylum applications. The ABT Settlement Agreement will help ensure that certain individuals who seek to file an asylum application or have already filed an asylum application, are entitled to new procedures relating to the crediting of time toward eligibility for employment authorization.

For more detailed information regarding this settlement, visit the Legal Settlement Notices Page on USCIS.gov”

As such, the Asylum Clock procedures should be improved allowing applicants to work without fear of violating US Immigration laws. If you have questions regarding Asylum in the USA, call Law office of Alena Shautsova 917-885-2261.

 

Deportation

DEFENSES AGAINST REMOVAL AND ICE HOLD

May 13, 2013

Author: New York Deportation attorney Alena Shautsova

 

You just learned that your loved one was arrested and ICE put a hold on him/her. What do you need to do?

The first thing to do would be to consult with Criminal defense and Immigration attorneys. Very often, when an undocumented person or a permanent resident get arrested for criminal charges, the immigration authorities file an Immigration detainer: a document stating that upon release from the State or Federal custody, the person should be held up to 48 hours for ICE to come and take the person into their custody as they have a reason to believe the person is removable from the US. Most of the time, the basis for removal will be the pending criminal charges, which if come true (if the person is convicted or pleads guilty to them) will also become a problem under immigration laws. (See INA 212 and INA 237 for the list of offences that may render a person inadmissible or deportable).

As such, it is important to have the right defense attorney working on the case as soon as possible to make sure that the person will be provided the best possible defense to the alleged criminal conduct.

Further, under current regulations, a Criminal defense attorney must provide a non-citizen with a competent advice regarding immigration consequences of the charges the person will be pleading guilty to. If the Criminal defense attorney does not possess the required expertise, he or she must seek an assistance of competent Immigration attorney who can advise on the matter. It is advisable to meet with an Immigration attorney early in the case, so the Immigration attorney can prepare a strategy of defense against removal in Immigration court. If the person is incarcerated, his/her family members or friends should make appropriate arrangements.

Generally, the best possible case scenario is to avoid criminal conviction all together. If it is not possible, than the person should try to receive a plea bargain that does not make him/her deportable and/or inadmissible. Each  situation is different depending on availability of potential defenses such adjustment of status, cancellation of removal, asylum, waivers, VAWA or U visa. Even the most experienced attorney will not be able to give correct and competent advice without gathering all the information about the person placed in removal proceedings, such as prior Immigration and Criminal history, current employment and family situation, possibility of qualifying for VAWA or U visa.

Removal and ICE hold can be stressful and scary to deal with it on your own. The Immigration laws a complex, and quiet often their true meaning is not what a lay person may think. If you have any questions about removal and ICE hold please call Deportation attorney Alena Shautsova 917-885-2261.

 

Immigration To The USA

Amendments to Immigration Reform Bill

May 8, 2013

Today, American Immigration Lawyers Association published a list of amendments to Immigration Reform Bill filed by different senators.

You can view the list HERE.

Initially, the Immigration Reform bill was introduced by a group of eight senators (the “Gang of Eight”) and contained revolutionary proposals such as provisional waiver status, changes to asylum regulations, changes in employment and family immigration areas.
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Immigration To The USA

Homeland Security Secretary Weighs in on New Immigration Bill

May 3, 2013

Author: immigration lawyer Alena Shautsova

While the new proposed immigration bill comes under evaluation for its ability to
address national security, Homeland Security Secretary Janet Napolitano testified
before a State Judiciary Committee hearing about the bill’s merits. According to a
Fox news report, Napolitano stated that the bill offered “significant improvements”
for tracking immigrants and encouraging immigrant interaction with law enforcement
on reporting crimes and coming forth as witnesses.
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Discrimination

Yoga Guru in Sexual Harassment Case

April 26, 2013

Yoga Guru Moves into the Limelight in Recent Sexual Harassment Case

Author: Discrimination lawyer Alena Shautsova

Bikram Choudhury is well-known in the yoga world for teaching yoga sequences in a
105 degree temperature environment. Currently, he is sitting in the hot seat for
alleged sexual harassment. Shirley McClain was one of his first yoga students in the
1970′s and since that time he has built his yoga business into a million dollar empire,
charging students $25 a session.

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Russian

Политическое убежище в США

April 16, 2013

Иммиграционный адвокат США

Политическое убежище в США – статус при получении которого лицо может жить и работать в США и путешествовать заграницу.

Лицо должно подать на убещище в течение года по приезду в США. Однако, бывают исключения такие как болезнь, нахождение в легальном статусе, измениние обстоятельств в стране от которой лицо просит убежище. Если суд или иммиграционный офицер согласятся что смягчающия обстоятельства присутствовали,  можно получить политическое убежище в США даже после пропуска годичного срока.
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