In March, 2013, USCIS started accepting applications for Provisional Waiver of Unlawful Presence, I-601A. The waiver can help those who are related to the U.S. citizens, and who came to the country illegally or overstayed their visas. In particular, the wavier can help former K-1 holders, former C1/D holders; EWI-s.
The provisional waiver cannot help those who have other inadmissibility issues such as criminal convictions, prior illegal entries, or claims of U.S. citizenship.
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Author: Deportation lawyer Alena Shautsova
The Department of Homeland Security (DOHS) weighs two main factors when deciding whether to detain or release an immigrant who faces deportation: flight risk and risk to the community. The most heavily weighed factor is risk to the community, which aligns with the Immigration and Customs Enforcement (ICE) memorandum that addresses prosecutorial discretion and the focus on deporting immigrant criminals over immigrants with other violations. Those immigrants with aggravated felonies are top priority for detainment. ICE has limitations on how many immigrants it can detain, because it has 34,000 detention beds nationwide. Recent sequestration budget cuts resulted in ICE releasing detainees.
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Author: Law Office of Alena Shautsova
Despite the fact that Alabama’s stiff immigration law followed in step with the stringent immigration law passed in Arizona, unlike Arizona, Alabama decided to issue drivers licenses to immigrants under DACA. DACA stands for Deferred Action for Childhood Arrivals and allows children who were brought illegally to the United States by their immigrant parents to obtain deferred action. Children immigrants must meet certain qualifications to receive DACA certification, such as being within certain age limits and having no criminal record.
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Author: Law Office of Alena Shautsova
Based on a violation of the First Amendment that guarantees the right to free speech, the United States Court of Appeals for the Ninth Circuit recently struck down more of Arizona’s immigration law. The Arizona SB 1070 had a section that put restrictions on drivers attempting to hire day laborers. Two provisions made it illegal for drivers to stop their car and impede traffic to discuss hiring a day laborer. While Arizona proponents of the law claimed the law addressed traffic safety, the Appeals Court ruled that they only should target people who impede traffic.
Author: Immigration Attorney Alena Shautsova
Marriage fraud is any deceitful attempt to pass off a false marriage as bona fide. Examples of marriage fraud include the following:
Author: Law Office of Alena Shautsova
While a polarized U.S. Congress failed to come to terms with sequestration (forced budget cuts), ICE (Immigration Customs Enforcement) released hundreds of illegal immigrants being detained for deportation. The release was prior to and in anticipation of sequestration, which now has gone into effect.
Author: immigration attorney Alena Shautsova
Statistics show that lower courts are more inclined to ignore your immigration status in an employment civil suit than rule against you because of it. This fact was reported by a Homeland Security News Wire publication that discussed a research study done by Law and Labor and Employment Relations Professor Michael LeRoy.
Author: Immigration lawyer Alena Shautsova
Immigration and Customs Enforcement ICE detention reform has come under scrutiny by both camps ― proponents who seek stricter reform and proponents who seek more lenient reform. ICE has taken steps to reform immigration detention and published a list of its detention reform accomplishments.
Author: Law Office of Alena Shautsova
A recent article about deportation in the Washington Post alerts immigrants to a situation they may be unaware of that can lead to deportation. According to the article, when undocumented immigrants plead guilty to a misdemeanor, they often find themselves in the same category as defendants charged with violent crimes.
Author: New York Immigration Lawyer Alena Shautsova
The new provisional unlawful presence waiver process is for certain individuals who seek a waiver of inadmissibility only for unlawful presence. They can now apply for a provisional unlawful presence waiver while in the United States and before departing for their immigrant visa interview at a U.S. Embassy or Consulate abroad. Under the current process, which continues to remain in effect, immediate relatives of U.S. citizens who are not eligible to adjust status in the United States have to travel abroad and be found inadmissible at their immigrant visa interview before they can apply for an inadmissibility waiver.
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