Author: New York Immigration attorney ALENA SHAUTSOVA
What to do if employer hides your passport?
Many undocumented workers have to be very careful and live in the constant fear of being ”picked up” by the ICE. That is why they are trying to stay “under the radar,” never complain to anyone about anything, and tolerate all sorts of abuse and crimes committed against them.
Unfortunately, some “employers” who would like to control an undocumented nanny or a domestic worker, scare her with “Immigration” and sometimes even take her identification documents, like a passport, and hide it. What shall a nanny do in such a situation?
By a vote of 245 to 139 the House passed the STEM Jobs Act, which now will be moved to Senate for consideration. The Act is disfavored by the Obama administration as it does not provide long term solutions for the Immigration issues:
The Administration opposes House passage of H.R. 6429. This legislation, if enacted, would allocate immigrant visas for advanced graduates of a limited set of STEM degree programs, would offer a limited number of visas for families through the “V” nonimmigrant visa program, and would eliminate the long-standing Diversity Visa program that makes immigrant visas available to certain individuals from countries with low rates of immigration to the United States.
While the USCIS accepting applications from hundreds of undocumented young people, many still will not qualify as they cannot produce proof of school attendance or being currently in school.
This is particularly true for migrant workers, those who come to work seasonally. In addition, this category of potential applicant may also face challenges proving continuous physical presence in the country.
Note that according to the DHS, school records act as the best evidence for both continuous presence and education requirements.
To satisfy school enrollment requirement, an applicant may enroll in Language School, as long as applicant’s job/job placement would be conditioned on completion of the language course, and applicant can demonstrate that with relevant documents (ex. letters from the hiring manager; supervisor at the job training program). Note that the USCIS also requires evidence that the “program is one of demonstrated effectiveness.”
If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.
Deferred Action For Childhood Arrivals
Author: New York Immigration lawyer Alena Shautsova
As the USCIS published instructions to the new deferred action program for young people (Form I-821D), many applicants should be aware of possible pitfalls.
First, the instructions specify that the deferred action will be available for those applicants who do not have a record of felony or serious misdemeanor convictions. It would be wise to consult with an Immigration attorney if you have a criminal record.
Second, many applicants struggle with background questions, such as “point of entry”: for obvious reasons, some of them do not have this information as were brought to the country as babies; and/or false documents were used to enter the country.
A potential applicant for deferred action must remember that the deferred action is a discretionary relief, and must prepare his/her application so that it will “stand out” out of the thousands poorly prepared applications.
If you are dealing with immigration issues, consult New York lawyer. Our law firm keeps its finger on the pulse of ever-changing immigration laws and a knowledgeable lawyer can help protect your rights.
The Law Office of Alena Shautsova is an Immigration law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.