Matter of Bain: Discretion & Criminal History in Cancellation of Removal
November 8, 2025
New York Deportation lawyer
Matter of Bain: Discretion & Criminal History in Cancellation of Removal
In Matter of Bain, the Board of Immigration Appeals (BIA)
reviewed a case involving a lawful permanent resident (LPR) from the Bahamas
who sought cancellation of removal under § 240A(a) of the Immigration and
Nationality Act (INA) (8 U.S.C. § 1229b(a)). The applicant had satisfied the
statutory eligibility requirements (including the residency and LPR admission)
and the immigration judge (IJ) granted the relief. The Department of Homeland
Security (DHS) appealed, and on February 6, 2025, the BIA reversed the IJ’s
decision and ordered the respondent removed. The Attorney General later
designated Matter of Bain as a binding precedent (May 23, 2025). Department of Justice
Under INA § 240A(a), cancellation of removal for LPRs
requires three elements: (1) LPR status for at least five years, (2) continuous
residence in the U.S. for at least seven years after admission, and (3) no
conviction for an aggravated felony. Even when those boxes are checked, the
applicant must still convince the decision-maker that they deserve relief in
the exercise of discretion.
What the BIA Held
The BIA in Matter of Bain found that although the respondent
met statutory eligibility, he did not merit cancellation of removal when
exercising discretion. The key reasons were:
The
respondent had recent, serious and repeated criminal convictions,
specifically multiple counts of selling or delivering controlled
substances (including cocaine, fentanyl, heroin) in 2019-2020. Department of Justice
The
respondent had not demonstrated adequate rehabilitation in light of
his criminal history.
Although
the respondent had positive equities (length of residence in the U.S.,
family ties, employment), these were insufficient to offset the
severity and recency of his conduct.
The
BIA reaffirmed that in discretionary relief settings, when negative
factors are particularly weighty, the applicant must present outstanding
or unusual positive factors to tip the balance. (Citing earlier
precedents such as Matter of C-V-T-). Department of Justice
The
BIA reviewed the IJ’s factual findings for clear error, but reviewed the
discretionary decision de novo (fresh review). Department of Justice
Why It Matters
Since the decision was designated as precedent, Matter of
Bain sends a strong message to immigration judges, practitioners, and
non-citizens seeking cancellation of removal:
Criminal
Conduct Timing & Recurrence Matter – Recent and repeat convictions
weigh heavily against discretionary relief.
Rehabilitation
Must Be Demonstrated – Mere expression of regret is not enough;
evidence of change, treatment, community contribution is critical.
Positive
Equities Alone May Not Suffice – Long residence and family ties,
though important, may not overcome serious criminal history without
compelling offsetting factors.
Discretion
Is Key – Even eligible applicants must persuade the adjudicator they should receive relief.
Practical Implications for Applicants
If you are an LPR facing removal and hoping to apply for
cancellation under § 240A(a):
Inventory
all criminal history. Note dates, nature of offenses, any patterns of
recidivism.
Gather
strong evidence of rehabilitation (e.g., completion of treatment
programs, steady employment, letters of support, community service).
Build
a robust presentation of positive equities (family ties, long U.S.
residence, hardship to family, contributions to community).
Be
prepared to argue how your positive factors outweigh the negative record.
If the negative record is strong, you may need “extra-ordinary” positive
factors to succeed.
Recognize
that even if statutory eligibility is proven, discretionary denial
is possible—and precedent like Matter of Bain indicates what kinds of
records will trigger denial.
Takeaway
Matter of Bain clarifies that in LPR cancellation-of-removal
cases, the BIA will scrutinize recent and serious criminal conduct and require
convincing rehabilitation before granting relief. For practitioners and
respondents, this means eligibility is just the first step; the exercise of
discretion is equally critical—and must be approached as such.
If you would like assistance analyzing a cancellation of
removal case in light of Matter of Bain—evaluating your criminal record,
rehabilitation evidence, and how to frame your discretionary argument—please
contact my office at 917-885-2261 or visit shautsova.com. I help
clients map their risks and prepare strongly for removal proceedings.
Attorney Advertising. Past results do not guarantee
future outcomes.
Renewing Your Work Permit: Essential Guide for Immigrants in the USA
November 2, 2025
As an experienced New York immigration lawyer serving
clients from Russia and Ukraine and around the world, I understand the stress
you face when your employment authorization is nearing expiration. For
high-income professionals, families supporting children, or asylum-seeking
individuals, losing your ability to work legally in the United States can mean
financial uncertainty, job-loss risk, and emotional strain. That’s why renewing
your work permit (Employment Authorization Document or EAD) through U.S. Citizenship
and Immigration Services (USCIS) must be taken seriously—and done well.
In this blog I’ll walk you through how to renew your work permit, focusing on the latest policy changes, what has shifted in 2025, the filing process for the form Form I‑765, filing fees, important deadlines, and practical tips to avoid gaps in your work authorization. I’ll also explain how the recent elimination of automatic extensions affects you—and what steps you should take now to stay protected.
1. Why renewing your work permit matters
If your EAD is about to expire, you may not be able to
continue working legally in the U.S. without a timely renewal. For many
immigrants—especially recent arrivals, those in asylum or adjustment of status
processes, or spouses of visa-holders—work authorization is the foundation of
their livelihood, family support, and integration.
When you fail to renew on time or allow a gap in employment
authorization, consequences may include:
Loss
of employment and income.
Employer
may no longer accept your expired document for Form I-9 verification.
A gap
in legal work may affect your immigration case or eligibility for future
benefits.
Stress
and disruption in your career and family life.
I help clients for whom work authorization is critical: those filing asylum, VAWA, waivers, EB2 NIW, EB1 or O1 visas. Renewing your EAD properly is a key step to maintaining stability while your immigration case progresses.
2. What has changed: No more automatic extensions
A major update has occurred: Until now, many renewal applicants were eligible for an automatic extension of up to 540 days while their renewal application was pending. E-Verify+3USCIS+3USCIS+3 But as of October 30, 2025, for most renewal applications filed on or after that date, this automatic extension will no longer apply.
In other words: if you file your renewal after the cutoff,
you cannot assume you will be authorized to keep working simply because you
filed on time. You must hold a valid EAD or face the risk of
unauthorized employment (which in turn could harm your immigration case).
Here are the key take-aways:
If you timely filed your renewal before your current EAD expired and before October 30 2025, you may still be covered by the automatic extension rules.
If you file on or after October 30, 2025, and you are in an eligibility category that previously benefited from automatic extensions, your continued work authorization may end on the expiration date of your current EAD unless your renewal is approved.
Certain limited categories (for example, some TPS beneficiaries) may still be subject to automatic extension rules under regulation or Federal Register notices—but you must check your specific category. USCIS+1
Why this matters particularly for you: If you are a Russian national, Ukrainian national, or immigrant in asylum/adjustment/VAWA/EB2 NIW situations—many of whom rely on EADs—you cannot rely on “just having filed” to keep working. You need positive steps now.
3. The renewal process: How to file Form I-765
Let’s walk through the steps of renewing your EAD using Form
I-765—the core filing you must complete.
Step A: Confirm your eligibility and category Visit the USCIS Form I-765 page. USCIS You need to know your “Eligibility Category” code (such as (c)(9) adjustment of
status, (c)(8) asylum applicant, etc.). Use the Form I-765 instructions for
guidance. USCIS
Step B: Timing – when to file USCIS advises: if you wish to renew, you should file Form I-765 within 6
months of the expiration date of your current EAD. USCIS But given the removal of automatic extensions, I recommend filing as early
as allowed—for many, up to 180 days before expiration, provided you still
meet eligibility. This gives you more time and reduces risk of a gap.
Step C: Gather required documents From USCIS’s checklist: USCIS Typical documents for renewal include:
Copy
of your current EAD (front and back).
Copy
of your Form I-94 or other proof of your status or pending application.
Two
passport-style photos (if required).
Signed
and dated Form I-765 from the correct edition.
Filing
fee (or fee waiver request if applicable).
If
applicable, Form G-1145 for e-notification.
A
mailing address where you can reliably receive mail from USCIS.
Step D: Complete the form carefully On Part 1 of Form I-765, select “Renewal of my permission to accept employment.” Be sure to complete all fields accurately, use correct edition of the form, and sign the form. Mistakes or outdated editions often cause delays or rejections.
Step E: File online or by mail If your category allows, you may file online through your USCIS account.
Otherwise, you must send the paper application to the correct address. Use the
“Direct Filing Addresses for Form I-765” page. USCIS Ensure you are mailing to the correct lockbox for your category and location;
if you send to the wrong address, your case may be delayed or rejected.
Step F: Track your case and respond promptly Once filed, USCIS will issue a receipt notice (Form I-797C). Use your receipt number to track status online via “Check Case Status.” If you receive a Request for Evidence (RFE), respond promptly before deadline. Delays can lead to a denial and increase risk of employment gap.
4. New risks and how to avoid employment gaps
Given the elimination of automatic extensions for many, you
must be more proactive than ever. Here are key risk-points and how to manage
them:
Risk 1: Filing late or too close to expiration If you file very close to your current EAD’s expiration, you risk that the
renewal decision may not arrive in time—and without automatic extension you may
lose work authorization. Tip: File as early as your eligibility allows—ideally 90-180 days before
expiration.
Risk 2: Assuming you have an automatic extension when you
do not If your category was eligible for automatic extension before but now you file
after Oct 30, 2025, you cannot assume it applies. Tip: Double-check your eligibility category and when your renewal is
filed. If unsure, stop working when your EAD expires until you have a valid EAD
in hand (or legal reason you are covered).
Risk 3: Job interruption harming your immigration case Working without valid authorization can jeopardize your underlying immigration
status or future benefits. Tip: Keep proof of filing, maintain documentation of your renewal, and
stay out of unauthorized employment. If there is a gap, speak with your
immigration counsel immediately.
Risk 4: Address changes = missing your card If your address changes after filing, USCIS may send your card to the old
address and your employer will flag you as unauthorized. Tip: Update your address via USCIS and USPS. Use an address where you
reliably receive mail.
Risk 5: Employers not understanding the rule change Some employers may rely on old policies of automatic extensions and continue employment based on old assumptions. Now they must verify that the EAD is valid or that you hold a receipt for a timely-filed renewal and the category is still eligible (if applicable). USCIS Tip: Provide your employer with your receipt notice and, if relevant, confirm eligibility for automatic extension. Discuss the rule change with your HR or immigration compliance officer.
5. Special categories and considerations
Here are some special situations to keep in mind:
Asylum applicants: If you are in the U.S. filing or have filed for asylum, you may be eligible for an EAD under category (c)(8). When renewing, ensure you are in the correct classification and file timely.
Adjustment of Status (Form I-485) applicants: If you have a pending I-485 and hold a renewal EAD (typically (c)(9)), you must renew ahead of expiration.
Spouses of H-1B (H-4 EAD), L2 EAD, etc.: These may also hold EADs and must observe this new policy.
Temporary Protected Status (TPS) beneficiaries: Some TPS renewal applicants may still obtain automatic extension if regulation allows; check the TPS designation and latest USCIS guidance.
Non-immigrant work visa holders: If your work authorization is based on a non-immigrant employment classification (e.g., L-2, E-2, O-3) rather than an EAD, you should consult counsel about renewal or extension differently.
Immigrants in high-income professional roles: If you are relying on your EAD to continue employment in a high-paying position (especially relevant for your audience of $50k+ income, Russian nationals, etc.), losing employment authorization could trigger job-loss, family stress, or visa status changes. Prioritize renewal.
6. Practical checklist: What to do in the next 30-90 days
Here’s a practical action plan you can implement now:
Review
your current EAD card. Note the “Card Expires” date and your Eligibility
Category Code.
Determine
when you become eligible to file—some categories allow up to 180 days
before expiration.
Decide
whether to file online or by mail. If by mail, locate the correct lockbox
for your category (see USCIS address list).
Collect
supporting documents: current EAD copy, I-94, passport ID page, photos,
filing fee or waiver, Form G-1145.
Complete
the correct edition of Form I-765 (check edition date at bottom of form)
and sign it.
File
the application. Keep copies of everything and your postal/tracking
information if mailed.
Within
days after filing, update your employer (HR or immigration compliance) and
provide them with your receipt notice. Explain the changed rule and
confirm your current employment authorization status.
Monitor
the case online. If you receive an RFE, respond quickly.
In
case the filing is very late (close to expiration) and there is a risk of
a gap: consult counsel about contingency planning (e.g., changing to
another visa category, filing expedited request if urgent).
Change
of address? Submit the change via USCIS and USPS promptly to ensure timely
delivery of your EAD.
After
approval, update your Form I-9 at work if required. Provide your employer
a copy of the new EAD.
Keep a
digital and physical copy of your EAD, renewal receipt, and file in a
secure place.
7. Why hiring a New York immigration lawyer makes a
difference
As you navigate this renewal process—and especially in light
of the new no-automatic-extension rule—you’ll want experienced guidance. That’s
where I come in:
My law firm focuses on immigration law in New York, serving Russian nationals, asylum seekers, EB2 NIW and EB1/O1 visa candidates, VAWA/self-petitioners, and individuals seeking waivers or citizenship.
I stay current with the latest updates at USCIS, including policy changes such as the termination of automatic EAD extensions.
I provide practical, step-by-step advice (not just legal theory) to ensure your work authorization remains valid, your job remains secure, and your immigration case remains on track.
You’ll benefit from my track record of successful outcomes, my bilingual service (Russian & English), and my commitment to clear communication.
If you feel uncertain about your eligibility, timing, or how the rule change affects your situation, a consultation may save you time, money, and risk.
8. Final reminders
Don’t
wait until your EAD is days from expiration to think about renewal.
With the automatic extension rule gone for many filings, you risk
unauthorized employment.
Document
everything: Notice of filing, tracking information, receipt number,
correspondence with employer, proof of mailing.
Inform
your employer and ensure they know you’ve filed and your status. If
your authorization lapses, you must stop working until you have valid
documentation.
Stay
updated: USCIS issues alerts and changes may occur. Always refer to
the official site rather than relying on second-hand sources.
Get
counsel if you: have criminal history, disciplinary issues, complex
immigration background, or are unsure about your category.
Maintain
your immigration case momentum: work permit renewal is just one part
of your broader immigration journey (asylum, adjustment, VAWA, EB2 NIW,
citizenship). A lapse undermines that journey.
As a top New York Immigration lawyer dedicated to helping
high-income immigrants, recent arrivals, and families from Russia, Ukraine, and
beyond, I’m here to guide you through this crucial step. If you need help
assessing your eligibility for work permit renewal, preparing Form I-765,
avoiding employment gaps, or aligning your renewal with your larger immigration
strategy—I’m ready to assist.
📞 Call me today at 917-885-2261 for a consultation and let’s make sure your work authorization remains
uninterrupted and your immigration goals stay on track.
What Happens If Your Marriage Falls Apart Before You Remove Conditions on Your Green Card?
October 24, 2025
Conditional Green Card
As an immigration lawyer with experience assisting recent immigrants, I understand how stressful it can be when a marriage ends, and you hold a conditional green card based on that marriage. If you received your green card through marriage to a U.S. citizen or lawful permanent resident and your marriage is less than two years old at the time your status was granted, you hold a conditional green card. Under U.S. immigration law you must take steps to convert it into a “10-year” permanent resident card — that step is filing Form I‑751, Petition to Remove Conditions on Residence, within the proper time-window.
But what happens if your marriage falls apart before you file that petition (or while it’s pending)? Let’s break it down clearly, so you know your rights, your options, and most importantly what you should do now.
1. Why you received a conditional green card
When the marriage to the U.S. citizen or lawful permanent resident was less than two years old at the time your green card was approved, the U.S. Citizenship and Immigration Services (USCIS) grants conditional permanent resident status. This is a 2-year card which requires removal of conditions.
That conditional status exists to prevent fraudulent marriages entered into purely for immigration benefits. Once the two-year anniversary of your conditional residency date approaches, you must file Form I-751 in the 90-day window prior to expiration.
2. What happens if the marriage ends before you file, or while you file
If your marriage ends — because of separation, divorce, or annulment — before you file your I-751 (or while the I-751 is pending), you do not automatically lose your green card. But the process is more complicated. Several things matter: your timing, your proof that the marriage was entered into in good faith, the stage of divorce, whether abuse was involved, and whether your spouse will cooperate. Legal sources confirm: yes, you can file for removal of conditions via a waiver of the joint filing requirement, if you no longer can file jointly because your marriage ended.
Key facts:
If you are still married and able to file jointly with your spouse: you file I-751 together.
If the marriage ended (divorce/annulment), you may file on your own and request a waiver of the joint filing requirement (because of divorce). If the marriage ended because of abuse (domestic violence), you may also file on your own under the “good faith marriage but abuse” waiver.
If your spouse died, there is a separate waiver path.
If you miss the 90-day window and did not file, you face serious risk of denial. But this rule applies for jointly filed petitions only.
3. The burden on you when filing after divorce or separation
When you file alone because your marriage ended, USCIS will look especially carefully at whether your marriage was genuine (entered into in good faith), and whether your petition is timely. Some of the major risks and issues:
You must still show that at the time you obtained conditional status your marriage was real — even though it later ended. The fact of the divorce raises scrutiny. USCIS will expect you to provide the final divorce decree or annulment if the divorce is already final. If divorce is not yet final, a request for evidence (RFE) may ask for that as soon as it is final.
You must still file in the proper window, unless you are filing a waiver early (in some cases you can file before the 90-day window if you qualify for a waiver). Because the spouse is no longer cooperating (or is divorced), you cannot rely on the joint filing; you must file under the appropriate waiver box and supply evidence such as joint financial records, shared residence, affidavits of friends/family, etc, showing the bona fide nature of the marriage.
If your divorce is not yet final, USCIS may issue a Request for Evidence (RFE) asking for the final divorce decree later. It’s important to respond on time and to explain your situation clearly.
4. What You Should Do Immediately If Your Marriage Is Ending
Here are practical steps to protect your green card and avoid losing your status:
Identify your filing window. Check the “Resident Since” date on your green card and calculate the 90-day filing window before the card expires. Missing this deadline can lead to serious problems.
Collect evidence early. Even though the relationship ended, gather as much documentation as possible showing the marriage was genuine. Evidence from the time you lived together is most persuasive.
Get your divorce finalized (if applicable). If your divorce is still pending, consider expediting it. USCIS generally requires a final divorce decree for the waiver filing.
File under the correct waiver basis. Choose the waiver reason that applies best — divorce, abuse, or extreme hardship. This determines the type of documentation and legal arguments you’ll use.
File on time and correctly. Send the current version of Form I-751 with the correct fee, your detailed explanation, and supporting evidence. Keep copies of everything for your records.
Keep your receipt notice safe. Once USCIS receives your petition, it issues a receipt extending your green card status — usually by 48 months — while the case is pending.
Stay proactive. If USCIS asks for more documents, respond quickly. If an interview is scheduled, be prepared to explain your marriage and the reasons it ended.
Consult an immigration lawyer. A qualified attorney can help you prepare a strong waiver filing, organize your evidence, and avoid costly errors.
5. What to Expect After Filing
If approved: You’ll receive a 10-year green card. Your conditions are permanently removed, and you remain a lawful permanent resident.
If denied: USCIS may refer your case to immigration court. You will still have a chance to present your case before an immigration judge, but this process can be lengthy and stressful. A well-prepared initial filing reduces that risk.
If interviewed: Many waiver cases require an in-person interview. Be honest and clear about your relationship history, why it ended, and your life together before separation. Bring original documents and organized copies.
6. Common Questions
Q: Does divorce automatically cancel my conditional green card? A: No. Your green card does not automatically disappear after divorce. You must, however, file a waiver-based I-751 to keep your status valid.
Q: Can I file before my 90-day window if I’m already divorced? A: Yes. Waiver-based petitions can be filed at any time after you become a conditional resident — even before the 90-day window opens.
Q: What if my spouse refuses to sign or help? A: You can still file independently using a waiver. The joint signature is not required once the marriage ends.
Q: Can I travel while my I-751 is pending? A: Generally yes, but carry your expired green card and your receipt notice, which extends your lawful status. If your case is complicated, consult your attorney before traveling.
7. How to Strengthen a Divorce-Based I-751 Waiver Case
Write a detailed personal statement describing how you met, lived together, and why the relationship ended.
Include third-party affidavits from people who personally knew you as a married couple.
Organize documents chronologically to make it easy for USCIS to follow your story.
Submit clear copies and translations of all foreign documents.
Keep USCIS informed of your address changes within 10 days of moving.
8. Why Legal Guidance Matters
Filing I-751 after a marriage ends involves both immigration law and family law issues. A divorce decree must meet USCIS requirements, and your waiver statement must align with immigration definitions of a “good-faith marriage.” Errors or missing evidence can lead to denial and removal proceedings.
An experienced immigration lawyer can:
Analyze your eligibility for each waiver option.
Help you organize evidence to show your marriage was genuine.
Draft a persuasive legal argument and affidavit.
Represent you in case of interview or court referral.
9. Final Thoughts
Divorce can feel like the end of everything, especially when your immigration status depends on your marriage. But U.S. law recognizes that genuine relationships sometimes fail — and you can still keep your green card if you handle the process properly.
The most important steps are:
Act quickly,
File the correct form,
Provide strong evidence, and
Seek professional legal help when needed.
With careful preparation and good legal guidance, you can protect your residency and stay on track toward U.S. citizenship.
Contact Information
If your marriage has ended and you’re unsure how to remove conditions from your green card, I can help.
Alena Shautsova, Esq. New York Immigration Lawyer Phone: 917-885-2261 Website: www.shautsova.com
I’ve helped hundreds of clients successfully navigate I-751 divorce waiver cases and keep their lawful status. Schedule a consultation today to discuss your next steps and secure your future in the United States.
Всё, что нужно знать о новой пошлине за подачу на убежище: как оплатить через USCIS и в Иммиграционном суде
October 8, 2025
В 2025 году в иммиграционном процессе США произошли серьёзные изменения: теперь заявители на убежище обязаны оплачивать пошлины за подачу и ежегодное рассмотрение. Новые правила распространяются как на тех, кто подаёт заявление на убежище через USCIS (в порядке утверждения), так и на тех, кто защищает себя от депортации в Иммиграционном суде (EOIR).
Чтобы не столкнуться с отказом или отклонением заявления, крайне важно понимать, как и когда оплачивать эти сборы, а также какие последствия может повлечь неуплата. Ниже представлено подробное объяснение всех ключевых моментов.
1. Какие установлены новые пошлины?
А. Первоначальная пошлина за подачу заявления ($100)
Начиная с 07/07/2025, каждый заявитель, подающий форму I-589 (Application for Asylum and Withholding of Removal), должен включить пошлину в размере $100.
Если эта сумма не будет уплачена, USCIS или Иммиграционный суд отклонят заявление и вернут документы заявителю. Новое правило распространяется на все случаи подачи — как в USCIS, так и в суде EOIR.
Б. Ежегодная пошлина за рассмотрение заявления ($100 в год)
Кроме первоначального платежа, заявитель теперь обязан оплачивать ежегодную пошлину (Annual Asylum Fee) в размере $100 за каждый год, пока дело остаётся на рассмотрении.
Это правило касается всех заявителей, независимо от того, находится ли их дело в USCIS или в Иммиграционном суде. Пошлина становится обязательной через один год после подачи I-589 и должна выплачиваться ежегодно до завершения дела.
На данный момент освобождение от уплаты этих пошлин (fee waiver) не предусмотрено.
2. Как и когда оплачивать пошлину
Поскольку USCIS и EOIR — это разные структуры, порядок оплаты отличается в зависимости от того, где рассматривается ваше заявление.
А. Оплата в USCIS (для заявлений об убежище в порядке утверждения)
Первоначальная пошлина $100 При подаче формы I-589 через USCIS необходимо сразу приложить оплату $100. Если ваше дело находится на рассмотрении более года, USCIS направит уведомление с датой и инструкциями по оплате ежегодной пошлины. Обратите внимание что оплата с 28 октября 2025 может производиться только с помощью специальный формы G 1450 Или G 1650 . Служба USCIS больше не будет принимать чеки.
Ежегодная пошлина $100 Пошлина взимается каждый год в день годовщины подачи вашего заявления. USCIS обычно направляет уведомление заранее, но ответственность за своевременную оплату лежит на заявителе.
Способы оплаты Оплата производится через ваш личный онлайн-кабинет на сайте USCIS (my.uscis.gov) с помощью банковской карты или электронного перевода. После завершения транзакции обязательно сохраните электронную квитанцию об оплате.
Подтверждение оплаты Храните копию подтверждения в своих документах. Если у вас есть адвокат, передайте ему квитанцию сразу после оплаты.
Б. Оплата в Иммиграционном суде (EOIR)
Онлайн-оплата через портал EOIR Оплата производится на сайте epay.eoir.justice.gov.
Введите полное имя и номер дела (A-Number).
Выберите пункт “I-589 Application for Asylum (Initial Fee)”.
Оплатите пошлину и сохраните квитанцию (Tracking ID) сразу после оплаты.
Сроки оплаты
Для новых заявлений пошлина должна быть внесена при подаче формы I-589.
Для дел, находящихся на рассмотрении более года, ежегодная пошлина оплачивается в дату годовщины подачи заявления.
Подтверждение в суде Копию квитанции необходимо приложить к материалам дела и передать в суд. Это подтверждает, что пошлина оплачена.
Возможность освобождения от оплаты В некоторых случаях можно подать форму EOIR-26A (Request for Fee Waiver). Однако суд удовлетворяет такие просьбы не всегда. Если освобождение не одобрено, необходимо внести оплату в течение 15 дней, иначе заявление может быть отклонено.
3. Последствия неуплаты
Неуплата обязательных сборов может иметь серьёзные последствия:
Отказ в приёме заявления — если USCIS получит I-589 без пошлины, заявление будет возвращено без рассмотрения.
Прекращение дела в суде — Иммиграционный суд может признать заявление оставленным без рассмотрения (abandoned) и закрыть дело.
Потеря права на убежище — отказ или закрытие дела могут привести к утрате права повторной подачи.
Задержки в рассмотрении — даже если заявление не отклонено, неоплата приведёт к задержкам.
Отсутствие освобождения от уплаты — текущие правила не предусматривают возможность не платить из-за финансовых трудностей.
4. Как избежать проблем и соблюдать правила
Отметьте дату подачи I-589 — ежегодная пошлина взимается в этот день каждый год.
Следите за почтой и уведомлениями USCIS / EOIR.
Обновляйте адрес проживания, чтобы не пропустить уведомления.
Храните все квитанции и подтверждения оплаты.
Если уведомление не пришло — всё равно оплатите вовремя.
Проконсультируйтесь с адвокатом, если не уверены в сроках или способах оплаты.
Заключение
Введение обязательных пошлин за подачу и ежегодное рассмотрение заявлений на убежище — одно из самых значимых изменений в иммиграционном законодательстве США последних лет. Теперь каждый заявитель обязан не только подать заявление правильно, но и оплатить установленные сборы вовремя.
Невыполнение этих требований может привести к отказу, отклонению или прекращению дела, а значит — поставить под угрозу возможность остаться в стране.
Чтобы избежать ошибок, важно знать актуальные правила, следить за сроками и при необходимости обращаться за помощью к квалифицированному юристу.
Если вам нужна профессиональная помощь в подаче заявления на убежище, оплате пошлин или представлении интересов в USCIS или Иммиграционном суде, свяжитесь со мной:
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
2024 New Developments in Asylum Process You Must Know
August 6, 2024
2024 New Developments in Asylum Process You Must Know
Asylum is a discretionary relief that one can apply for in
the US when they fear returning to their home country. It is only possible to
request asylum if one either is already in the US, or if they are at the point
of entry/border of the US. It is not possible to file for asylum if one is
outside the US.
U.S. asylum law is based on international agreements created
after World War II to protect people who are fleeing or fearing persecution.
However, in addition to the Acts of Congress, the Asylum laws are also shaped
by the USCIS regulations, DHS Memos, court decisions, and Executive orders.
In 2023 and 2024, the Executive branch issued a number of
such orders that drastically affect one’s chances of receiving asylum in the
US. The main purpose of those orders is to regulate asylum flow at the U.S.
southern border.
For example, June 4, 2024 Presidential Executive order
states that noncitizens arriving between ports of entry at the southern border
are generally ineligible for asylum when the rolling seven-day average of daily
encounters with inadmissible noncitizens surpasses a specific numerical
threshold. This threshold has been consistently exceeded since July 2020,
resulting in strict limitations on asylum eligibility for those crossing at
non-designated points. See: https://www.whitehouse.gov/briefing-room/presidential-actions/2024/06/04/a-proclamation-on-securing-the-border/.
Before the
implementation of the new rule, immigration officers conducted interviews with
each noncitizen they encountered to determine if they intended to apply for
asylum or if they had a fear of persecution. If a person was found ineligible
for asylum, an asylum officer would then assess whether the noncitizen had a
credible fear of persecution or torture, defined as a “significant
possibility.” This process, outlined by 8 U.S.C. § 1225(b)(1)(B)(v) and 8 C.F.R.
§§ 208.30 (e)(2)-(3), was essential in ensuring noncitizens were not
erroneously sent back to perilous conditions in their home countries.
The Rule, however, adopts a screening policy that will
systematically lead to the forcible return of people seeking protection from
persecution, torture, and death. Under the Rule, a noncitizen can be quickly
removed from the United States without any process unless an immigration
officer—usually a Border Patrol agent—determines that the person has “manifested”
a fear of return. Individuals must “manifest” a fear of persecution or torture on
their own, without being asked if they have such a fear. In practice, non-citizens
who lack understanding of the process,
are hungry, tired and scared will not be able to comply with such a demand, not
even knowing they have to. Experience shows that, when a “manifestation of
fear” standard or similar directives not to ask about fear of removal were
imposed, asylum seekers’ fear of return has gone unrecognized.
Further, even if a Border Patrol agent concludes that a
noncitizen adequately “manifests” a fear, the noncitizen will still face
removal unless an asylum officer determines that the noncitizen meets a new,
more stringent screening standard. Instead of satisfying the “significant
possibility” standard, the noncitizen must demonstrate a “reasonable
probability” of torture or persecution. Most importantly, a non-citizen has
only 4 hours now to consult with an attorney prior for their life-changing
interview- test that determines if they have enough fear to remain in the US or
being sent home.
Another important rule to take into consideration when
filing for asylum is the Circumvention of Lawful Pathways rule, which is
currently is being litigated, but nevertheless must be observed until the final
decision is made by the courts. Some refer to it as “Asylum Transit Ban.” If one enters the US between the points of
entry, between May ay 11, 2023, and May 11, 2025, including minors
traveling with their parents, then they are ineligible for asylum! Certain
groups of people are exempt from the bar, including Asylum seekers from Mexico
(as they do not travel through another country before entering the United
States); Unaccompanied minors; People who enter the United States through
parole (a process through which the government can give certain people permission
to enter the United States); People who have a pre-scheduled appointment to
come to a port of entry (CBP One App appointments), and certain vulnerable
groups, including those with acute medical needs or victims of severe forms of
trafficking.
As one can see, that these barriers must be overcome prior
to one’s application being considered on merits. These points will be vetted in
both affirmative and defensive asylum procedures. These are new serious barriers on one’s way to
asylum in the USA.
If you need help with your asylum case, call us 917 885 2261
or book appointment here: https://www.shautsova.com/m/contact-us-lawyer/calendly.html
If you are
not a US citizen yet, you most likely have certain anxiety attached to possible
international travel: you may be worried about being allowed to enter the US
upon return, or if you can even qualify for travel documents, or if you will be
able to return to the US after a prolonged stay abroad.
These are
all common questions asked by both green card holders and those for whom the
laws of the US allow to apply for a travel permit while they are in the process
of receiving a status. For example, people granted asylum or a refugee status
in the US can travel abroad only using an asylee/refugee travel document;
persons in TPS status, adjustment of status pending, T status, or DACA may
request advance parole which will allow them to return upon temporary travel
abroad; persons with green cards who may stay abroad for longer than 6 months
would want to file for a re-entry permit to avoid issues at the border.
Almost
all travel documents such as advance parole, re-entry permit, and
refugee/asylee travel documents are filed for using form I 131 found at www.usics.gov.
It is the same form that is used by different applicants for different
purposes. The filing fee for the form will depend on the purpose or the type of
travel authorization one is requesting. For example, today, for an advance
parole one will have to pay $575, for a refugee travel document most applicants
will pay $220, and for a re-entry permit: $660.
Typically,
form I 131 is filed with USCIS by mail, and processing times vary upon the type
of the document requested, and vary from 3.5 months to 6-9 months. But what if
your need to travel is quite urgent and you cannot wait for such a long time?
Then, depending on the type of document you request and the circumstances, you
may request that USCIS expedite the issuance of travel documents.
There are
two ways one can go about it. If your application with USCIS had been
filed already, and the travel needs from less urgent turned into very urgent,
you can submit and expedite the request with USCIS asking to process the
already filed application. Your request will have to comply with the expedited
guidelines that can be found here: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.
You will
have to demonstrate that failure to process the document fast will result in:
· Severe financial loss to a company or person, provided that the
need for urgent action is not the result of the petitioner’s or applicant’s
failure to:
o Timely file the benefit request, or
o Timely respond to any requests for additional evidence;
Emergencies and urgent humanitarian reasons;
Nonprofit organization (as designated by the
Internal Revenue Service) whose request is in furtherance of the cultural
or social interests of the United States;
U.S. government interests (such cases
identified as urgent by federal agencies such as the U.S. Department of
Defense, U.S. Department of Labor, National Labor Relations Board, Equal
Opportunity Commission, U.S. Department of Justice, U.S. Department of
State, U.S. Department of Homeland Security, or other public safety or
national security interests); or
Clear USCIS error.
If USCIS
agrees with you, your document will be issued pretty quickly, but still, it
will take about 30 days to get processed!
But, there
is a different way as well. What if the need to travel appeared within the past
48 hours due to some sort of emergency? Then (and it is true, especially for
advance paroles), you may request that your travel document be issued to you in
person at a local USCIS field office. For that, you first have to request an
appointment at a local USCIS field office either by calling USCIS customer
service number or using the online scheduling tool: https://my.uscis.gov/en/appointment/v2.
If your request for the appointment is confirmed, you will have to appear at
the local USCIS office with your filing fee, filled out form I 131, proof
of emergency, a copy of your ID, passport, and 2 passport-style photos, as well
as proof of your eligibility to seek advance parole (a copy of receipt for
pending I 485 form, affirmative asylum, or having a DACA or TPS status for
example). A local USCIS officer will decide if your request warrants merit, and
if agrees with you, you will receive advance parole on that very day.
U.S.- Canada Border Crossing: A Sudden Increase in Migration From the U.S.
“Border security”, “illegal immigration”, “undocumented migrants”, “open border”…. I have no doubt you have heard these expressions somewhere in the past year… These are common words used to describe the state of US Immigration system. Instead of focusing on reforms in the work visa sector, speeding up family immigration and improving investment immigration, or dealing with tremendous domestic and overseas processing backlog, the parties are involved in heated arguments over something that these days look almost unsolvable: the surge of migrants coming to the US seeking protection and better life.
Border
crossing and asylum have been pertinent issues in the United States for many
years now. More recently, in a drastic turn of events, there has been a surge
in the number of migrants leaving the United States for Canada (via crossing
the U.S.- Canadian border on foot in unauthorized border crossing points). The
migrants cite long processing times, homelessness, and free bus tickets
provided, for example, by NYC
administration as reasons for crossing into Canada.
Canadian
Prime Minister Justin Trudeau has since been under increasing pressure to come
to an arrangement with President Biden on the complete closure of the border to
asylum seekers. This is a result of the sudden surge in illegal crossings into
Canada by asylum seekers. Many of these migrants are beneficiaries of the New
York City (and other aid agencies) free bus fares. Prime Minister Trudeau has
also noted that he will discuss the issue with President Biden when he (Biden)
comes to Ottawa on March 23 and 24.
What
awaits migrants in Canada one may ask?
According
to a CNN reporter:
“Prior
to 2022, Daoud said, asylum-seekers in Canada would often receive a Refugee
Protection Claimant Document, or RPCD, soon after arriving in the country. The
critical document not only serves as identification for asylum seekers, but it
also allows them to apply for certain provincial benefits and a coveted work
authorization while their asylum cases are reviewed.
Now, because of a backlog, the best
most may get upon arrival is the appointment to receive an RPCD. “We’re seeing
eight months, one year, a year and a half, two years. Some of them get their
appointment pushed up,” said Daoud. “Some of them have to wait and that’s
becoming a problem.””
But
is there anything else that attracts migrants to cross into Canada illegally?
Yes, of course there is something! It is a loophole in the agreement between the
US and Canada. According to the Safe Third Country Agreement between the US and
Canada, a person who is the United States attempts to enter Canada legally,
will be returned back to the US to seek asylum there. But if the same person
crosses into Canada avoiding legal check point, the mentioned agreement does
not apply.
So,
as you can see, if you are a law-abiding person trying to do thing the right
way, in the eyes of the migrants you will be punished: not allowed to seek
asylum in the US simply because you transited through it. But if you avoid the
legal checkpoint, you will be rewarded with a chance of seeking asylum with all
its benefits and path to citizenship!
Let’s
circle back to the United States now and see why currently asylum seekers face
hurdles in voicing their claims. Currently, to come to the US, migrants are
using CBP One App which allows them to come into the US legally without a visa
or parole, if they meet an exception to Title 42 rule which is set to expire in
May of 2023. However, upon entry a person is immediately placed in Immigration
court removal (deportation) proceedings. A set of documents such us I 94, I 862
is provided, and a migrant is released. But this is false safety. An Immigration
court hearing is going to be scheduled for the person, yet there is uncertainty
as to when. In the United States an asylum seeker must file their asylum claim using
form I 589 within one year of entry. If
a person is placed in removal proceedings, the claim has to be filed with the
Immigration court. But Immigration courts (that are already suffering from more
than 2M case backlog) will not accept your claim until your case appears to be
active in their system. And that may take months and months to happen, despite the
fact that at the time of the entry, a person could have received a set date to
come to court as printed on their documents. Now, it is expected that a person
would know that if his/her case is not active in the Immigration court system they
can send their case to USCIS in the meantime, just to save the one year filing
deadline. But how many people will know
that? Also, the US, unlike other countries, does not provide any benefits to
asylum seekers while their cases are pending (on a federal level; the local government
may have various programs such as temporary free housing, food assistance, or free
bus tickets. Many do not understand all these complications in filing systems,
they miss their one year filing deadlines, and as a result get disqualified
from asylum in the US and path to permanent residency). All these hurdles force migrants to seek better
options elsewhere, but also undermine access to justice.
I
am positive that the United States can do better. Ideas of mobile asylum unites
(officers that would be located close to the border providing expedited screening)
were voiced, but to date there was no effective implementation of those plans. How
about modernizing the court hearing system? Allowing a migrant to choose the
first available spot on the calendar, performing remote Asylum interviews
(after all if video mode is good enough for courts, it should be good enough
for USCIS as well) will sped up the affirmative asylum process releasing the
deadlock on the tremendous backlog.
As of the date of this article, however, the backlog in the Immigration court system and USCIS keeps growing, without a clear answer as to who, when and how will stop it.
If
you need help with your asylum claim, reach out for assistance at 917 885 2261
(consultation fees apply).
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…
Class Action against DeSantis
October 4, 2022
Florida Governor DeSantis, a member of the Republican party, has been sued alongside other state officials in view of his new migration policy. The aggrieved migrants instituted a class action on 14th September 2022 after being flown to Martha’s Vineyard, Massachusetts. Their cause of action is centered on alleged fraud on the part of Florida’s Governor, Ron DeSantis, inducing their migration from Texas on his directive. Critics argue that the Governor’s action was politically driven at the risk of stability in the lives of their migrants. It can be considered to be a revolt against the President’s open border policy, which is largely seen as the democrats’ mandate.
Who
are the parties to the suit?
This class action was brought in the Federal court in Massachusetts upon the filings of Alianza Americas, together with three non-citizens individually and on behalf of all others affected by the government’s actions. The individual plaintiffs were among the ones flown by DeSantis from Florida to Martha’s Vinyard, and the Alianza Americas is a non-for-profit defending immigrants’ rights.
Alianza
Americas has its root in the Latino immigrant communities in the United States
with the aim of promoting humane, just and equitable policies. Apparently,
DeSantis migration policy violates the tenets of the organization necessitating
its involvement in the suit.
The
lawsuit features Ronald DeSantis, Florida’s Governor, as one of the defendants.
He is sued alongside Jared Perdue, the Secretary of the Florida Department of
Transportation; and the Florida Department of Transportation.
Key
allegations against Florida’s Government
Florida’s governor, as the defendant, and the state officials have been accused of executing a fraudulent scheme that advances their personal and political interests. These accusations were made in a statement by Alianza Americas and the three migrants. It is alleged that about $615,000 was spent chartering planes, with financial assistance through the Coronavirus State Fiscal Recovery Fund. The use of the funds was alleged to breach the restrictions imposed on its use.
The
Migrants boarded the plane having been deceived that they were heading to
Boston or Washington D.C for a better life. Their vulnerability, specifically
the migrants from Venezuela, can be linked to their experiences as victims of
the humanitarian crisis in their country. It explains the hope for a “better
life” that guided that actions.
Inducement
It is alleged that the defendants gained the plaintiff’s trust and cooperation through the provision of Mcdonald’s gift certificates to curb food insecurity as well as free hotel stays. The exploitation of their basic needs enabled the exploitative situation, with false promises of education, housing, and employment upon arrival at Massachusetts.
The
defendants, through their agents, trolled streets close to the San Antonio
migrant shelter and other areas to lure about 50 migrants to leave for Martha’s
Vineyard. The plaintiffs alleged that they were left at Martha’s Vineyard at
the mercy of the locals., with no provision made for their basic needs.
Violation of Rights
The plaintiffs seek a class action status at the
federal court in Massachusetts in view of the alleged ruse being tortious, a
violation of federal statutes, and the plaintiff’s protection under the Fourth
and Fourteenth Amendments to the American Constitution.
Oren Sellstrom in his address as the Plaintiffs’ counsel stated that the locals at Martha Vineyard did not anticipate their arrival. He also argues that the Defendants were unresponsive to calls from the migrants who wanted to make inquiries about their situation. He emphasized the deprivation of liberty, manipulative acts of the defendants, and interference with the Federal Government’s exclusive control over immigration.
It is of interest to note that Oren Sellstrom serves as the litigation director at Lawyers for Civil Rights, a charitable legal aid group in Boston. The Legal aid group demanded that the federal and state authorities undertake an investigation into the migrants’ flights to Martha Vineyard. Images of alleged brochures that were given to the migrants to induce their departure were posted. It was said that the brochures were intended to support DeSantis’ ruse.
Plaintiffs’
claims in the Lawsuit
The plaintiffs, in their address to the court, are praying for the certification of their action as a class action, with the migrants as class representatives. In addition, a declaration that the defendant’s actions are unconstitutional and in breach of federal and state statutes. The Plaintiffs also asked the court to award damages to them, and enjoin the defendants from using fraudulent means to induce immigrants to travel across state lines.
The
Defendants’ position in the Lawsuit
DeSantis defended his actions stating that there were no legal violations. One of his spokespersons, Taryn Fenske emphasized in this statement that the migrants acted voluntarily. The Defendants argue that the migration offered the migrants access to better opportunities with the sanctuary jurisdiction.
Taryn Fenske spoke against the growing interest of the activists in immigrant welfare upon their move to Massachusetts. He highlighted that the activists had failed to look out for the migrants while they suffered of hunger and abandonment in Florida. DeSantis seems convinced about the positive impact of the $ 12 million program to relocate migrants, as he undertook to continue the project.
We use cookies to deliver our online services. Details of the cookies and other tracking technologies we use and instructions on how to disable them are set out in our cookie policy.I ConsentCookies Policy
