Deportation, Employment Immigration, Immigration To The USA, USCIS, Visas

Delivering Solutions For Your Future
Immigration in America, USA flag

CLAIMING US CITIZENSHIP ON I9 FORM WILL CAUSE PERMANENT INADMISSIBILITY

January 27, 2014

CLAIMING US CITIZENSHIP ON I9 FORM WILL CAUSE PERMANENT INADMISSIBILITY

Author: New York Immigration attorney Alena Shautsova

According to the laws of the US, when an employer is hiring an employee, the employee must fill out I-9 form: this form helps an employer to determine if the potential employee has a proper employment authorization and may accept employment in the US. The form consists of simple questions and check boxes and one of those check boxes asks the filler to answer if he/she is a US citizen or US national. Of course, answering YES or checking off this box will mean that the person who is filling out the form has the proper documentation to work in the US.

Many immigrants without employment authorization are tempted to check off that little square “Citizen or National of the US.” However, many of them ignore the drastic consequences.

This happened in the case of  Nyabwari. She entered the US on a visa, overstayed it, and later married a US citizen. She though she would have no problem receiving her green card. Indeed, many with the same situations can got citizenship.

However, the government learned that at some point in time, while in the US, Mrs. Nyabwari was working illegally, and to make the situation worse, the government discovered that Mrs. Nyabwari submitted form I-9 to her employer stating she was a US citizen or US national.

Mrs. Nyabwari’s explanation that she did not understand who the national was, did not help her. Both,  Immigration judge and the Board of Immigration Appeals said that checking  off that one box caused Mrs. Nyabwari to be PERMANENTLY inadmissible into the US, as this was a violation of the US laws for which there is no waiver.

The end of Mrs. Nyabwari’s immigration saga is very sad: she will likely to have to leave the country permanently or to stay in the US illegally forever. This serves as a great lesson: if you in doubt, you must consult an attorney to avoid “deporting” yourself before your time.

 

 

Prepare for Your Travel to the USA

January 13, 2014

Prepare for Your Travel to the USA

Author: US Visa Attorney Alena Shautsova

How one can prepare for travel to the US? What do one need to come to the US and be admitted without issues at the border?

First of all, one must be in possession of an unexpired passport that would expire only 6 months after the intended departure from the US. If you travel with a visa, a consulate would not stamp your passport if its expire date is sooner than 6 months from the date of the intended departure. If you come on ESTA program, make sure your passport has enough validity period not to cause problems at the border.

Second, if your name in the passport is different than your name on your green card, you should have a copy of better an original of the marriage certificate showing the name change. If the name change happened as a result of court order, you should have a copy of the order with you.

Third, a valid visa is a must of course. A visa sticker and time one may be present in the US are two different things. The dates on the visa itself show only the period of time within which a person may enter the US, but it is up to the CBP officer and the type of visa one holds that would determine how long one may stay in the US. For example, a B1/B2 visa may be valid for 2 years: it means one may enter the US within this 2 years period. But the B1/2 visa allows its holder to stay in the country for no longer than 6 months at a time (provided no extension is requested).

Lastly, if a person who is coming to the US is not a green card holder, he/she will be assigned an I 94 number. Due to resent changes, the I 94 number will not longer be provided on a paper card. It is all done electronically now. One must print it out before leaving the US though, or will have to submit a FOIA request to retrieve that number after departure. Please see this page about I-94 new procedure.

If your green card expired and you need to travel to the US, visit our page for more information: http://www.shautsova.com/law-publications/lost-green-card-transportation-letter-boarding-foil.html#.UtRy9bR78w8

For more information: call law office of Alena Shautsova at 917-885-2261

Visa Bulletin

December 13, 2013

logoVisa Bulletin

Author: New York Immigration attorney Alena Shautsova

January 2014 Visa Bulletin is here.

F2A category (children and spouses  of permanent residents) priority date is September, 2013; EB3 category for skilled workers priority date is April, 2012.
http://www.travel.state.gov/visa/bulletin/bulletin_6228.html

Family Based:

Family-SponsoredAll Charge -ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F108DEC0608DEC0608DEC0622SEP9301JUL01
F2A
08SEP13
08SEP13
08SEP13
01SEP13
08SEP13
F2B01JUN0601JUN0601JUN0601APR9401MAY03
F315APR0315APR0315APR0301JUN9301FEB93
F401OCT0101OCT0101OCT0101NOV9601JUL90

Employment Based:

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC08DEC0815NOV04CC
3rd01APR1201APR1201SEP0301APR1215FEB07
Other Workers01APR1201APR1201SEP0301APR1215FEB07
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment Areas/
Regional Centers and Pilot Programs
CCCCC

Waivers Of Inadmissibility

August 16, 2013

Waivers Of Inadmissibility: Permission to Come or Stay in the US

Author: New York Immigration attorney Alena Shautsova

Waivers of inadmissibility are applications that should be submitted to USCIS in order to perceive a permission to come or stay in the US after the violation of Immigration laws. There are different kinds of waivers for different kinds of violations. For example, some waiver, if granted, excuse the existence of criminal convictions; some excuse immigration misrepresentation/fraud; some excuse unlawful presence; etc.

All waivers can be divided into two big category: those that waive some condition with an immigrant visa/permanent residency application; and those that waive a condition for a non-immigrant visa application.
Read Post

Fiance Visa For Same Sex Couples

July 28, 2013

US Visa For Same Sex Couples

Author: New York Immigration attorney Alena Shautsova

In a Same Sex Couples Fiance US Visas related decision the U.S. Supreme court in United States v. Windsor, 133 S.ct. 2675,2695-96 (2013) held that section 3 of the DOMA is unconstitutional as a violation of the constitutional guarantees of equal protection and due process. See United States v. Windsor, 133 S. Ct. 2675, 2695-96 (2013).

In addition, the BIA in its decision Matter of Zeleniak, 26 I&N Dec. 158 (July 13, BIA 2013) held that:
Read Post

H1B Visa: Who Pays Legal Fees?

June 14, 2013

H1B Visa Fees

Author: New York Immigration attorney Alena Shautsova

H1B visa is one of the most common visas which are used to employ foreign workers in the U.S. It allows  foreign specialists from a variety of occupations to be legally employed in the US, as well as provides for a dependent status for their family members.

The process of H1B visa starts with an employee finding an employer in the US who is willing and able to hire the employee; is willing to sponsor the foreign worker; and wait for him/her to get appropriate documents. There are filing deadlines which start from April 1 each year.If  the employer’s petition is granted, an employee will be able to start employment on October 1 of the year the application/petition was filed. Sometimes, however, the adjudication of the petition takes much longer, and the start date understandably will be delayed.
Read Post

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.”
Read Post

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?
Read Post

Employee Visa News From US Embassy In Mexico

January 16, 2013

Expedited Visa Processing for Employees

New program to facilitate business relationship between the USA and Mexico has been implemented that will speed up visa processing for employees:

“The United States Embassy is pleased to announce the expansion of its Business Facilitation Program (BFP) that allows access to expedited visa processing for employees of qualifying firms traveling to the U.S. on company business. The BFP will provide time-saving benefits for businesses whose employees need to travel to the U.S., and highlights the United States’ commitment to deepening trade and economic engagement with Mexico.

The BFP is open throughout Mexico and is available at all U.S. Consulates and the Embassy.  The BFP requires interested firms to register with the U.S. Embassy’s or Consulates’ Consular Section.

Read Post

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.