Immigration To The USA | New York Lawyer | Russian Speaking NY Lawyer

5 Deadly Mistakes That May Cost You Your Immigration Status

November 22, 2012

Author: New York Immigration Attorney Alena Shautsova

Many of perspective clients who come to my office for a consultation ask me: does having a lawyer really help my case? Will the Immigration think that I did something bad and need a lawyer because of it? Can I file myself?

While you can certainly try to file / apply for benefits yourself, here are 5 mistakes that may cost you your immigration status and lead to a huge subsequent spending and/or deportation.

1. MOVING WHILE WAITING FOR AN ACTION FROM THE USCIS

Many applicants who file pro-se or without an attorney have to change their address and move to a new State or new home after they file their case with the USCIS. Unfortunately, even though they notify the USCIS about the change of address, their case can get lost. As a result, they can miss an important deadline and lose a chance for an immigration benefit. It actually happened to a family from Ukraine, who, after winning a DV lottery, changed their address and after filing the initial application package moved to a different State. They notified the USCIS promptly about their move and started waiting for the notices to proceed with the case. While they were waiting, the deadline to submit an adjustment of status application had passed; and now, for over 10 years they are fighting the removal proceedings in the Immigration court. Even though the change of address form was filed, the USCIS cannot be held responsible for missing the deadline! So, be very, very careful when you are moving with a pending case.

2. LYING ON YOUR APPLICATION

Another common mistake that may lead to inadmissibility and removal is misrepresenting information on your Immigration documents. A misrepresentation about your education or marriage while applying for visa may turn into a big issue. Nondisclosure of misrepresentation may turn into FOREVER being unable to obtain any immigration benefits. Many people are following someone’s advice and think that “immigration is not going to find out.” Well, if they do find out, you will face a bigger problem than feeling bad and embarrassed about your lie.

3. FAILURE TO SUBMIT NECESSARY DOCUMENTS

When applying for any type of Immigration benefits, like adjustment of status, or submitting an I-130 petition, it is crucial to follow instructions, and submit ALL necessary documents. If they are not available for any reason, you must provide a detailed explanation for the reason. I cannot tell you how many times people, after a very long wait, were surprised and crushed to learn that their petition or an application was denied because they did not present a… BIRTH CERTIFICATE! In one case a lady came to my office crying because a lawyer who worked on her case failed to submit a document proving grandfathering: her employment adjustment got denied, and because she changed an employer by the time the appeal was granted, she had to start the process all over again! 10 (TEN) years of waiting were wasted!

4. FAILURE TO ATTEND A SCHEDULED INTERVIEW OR HEARING

Believe it or not, but some people think that the USICS is just like a Starbucks and you can pop up in there anytime you want to, and if the USCIS sends you a notice of appointment, it is not a big deal and you can reschedule it. Well, you can definitely re-schedule by sending a notice in advance; and in certain situations you may send an explanation for missing an appointment trying to reverse the damage that may result for failure to keep an appointment. But one thing I may guarantee you: it will with a probability of 100% delay your case, and sometimes may result in removal proceedings against you. So, is it worth it?

5. FAILURE TO DISCLOSE CRIMINAL RECORD

Last, but not least, this point relates to the two and three above, but deserves a separate mentioning. Many application forms, virtually all of them, contain questions regarding criminal history. Some clients believe that if a conviction took place 10 or 15 years ago, the immigration will just forget about it. They find themselves in an interesting situation, when after attending a biometrics appointment they get served with a Notice to Appear. Here is a tip: unless you grew a new set of fingerprints, do not hide your criminal history: in most situations a skillful Immigration lawyer will be able to help you to deal with it, especially if the conviction is an old one.

If you have immigration concerns, consult a skilled New York immigration lawyer at 917-885-2261 and find out about your options.

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.

Asylum in USA

Russian Gay Artist Granted Asylum In The US

November 8, 2012

Author: New York Asylum Lawyer Alena Shautsova

A Russian gay artist Alexander Kargaltsev, a recent US asylee, fled his motherland where he was beaten and persecuted based solely on his sexual orientation. He was detained and abused there just because he participated in gay pride events.

His new life in the United States allows Alexander to live without a fear. He just opened an exhibition called “Asylum” that portrays gay and bisexual men, asylum seekers or those who already were granted the status.

The exhibition symbolises a new beginning an asylum seeker starts when deciding to expose his/her fears and step forward to the world asking for protection.

The gallery that is hosting the exhibition is 287 Spring .

Immigration To The USA

ADVANCE PAROLE GRANTED

November 4, 2012

Author NY Immigration Lawyer Alena Shautsova

We are glad to announce our recent success in securing ad advance parole for an El Salvadorian citizen. Mr. Costa (we changed the real name) was granted a TPS status in the United States many years ago. However, this past June he had to urgently travel to El Salvador to care for his sick relative. He took his 7 years old son, a US citizen, with him. What he failed to realize when leaving the country, is that his advance parole document had expired.

The relative felt better, and Mr. Costa was ready to go back to the United States, especially because his little son was supposed to start new school year. However, without an Advance Parole, he could not travel. Mr. Costa hired one attorney who filed a letter request with a USCIS field office back in early September. Then, he hired another attorney who filed for I-131 for him, but failed to explain the urgency of the situation.

Finally, his family came to my office. Immediately, we contacted Mr. Costa’s son’s school and requested a letter explaining that the boy will lose the school place if he is not back in the US shortly. We also contacted local church where Mr. Costa used to go and asked for letters of support. We contacted all members of his family who were willing to vouch for him and provide letters of support. Within hours we submitted our request to expedite Mr. Costa’s advance parole with National Benefit Center, local Service Center, El Salvadorian field Office, US Embassy in El Salvador, and requested assistance from the AILA.

Upon receipt of our request, the Local field Office immediately decided to help Mr. Costa and scheduled an expedited appointment for his biometrics and a week later Mr. Costa was able to receive his document and travel back to the United States.

Where there is a Will, there is a Way!

If you have immigration concerns, consult a skilled New York immigration lawyer at 917-885-2261 and find out about your options.

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.

Immigration To The USA

THE AAO ISSUED A REVISED DECISION CONCERNING I-601 WAIVER IN Arrabally/Yerrabelly

October 28, 2012

Author I-601 Waiver Lawyer Alena Shautsova

On October 26, 2012 the AAO held that that travel on advance parole is not a departure, and hence, a person who entered the country without inspection, and then left the country and came back on advance parole is allowed to adjust in the United States and does not need to file for a I-601 waiver.

You may read the revised AAO decision here.

If you have immigration concerns, consult a skilled

New York immigration lawyer at 917-885-2261 and find out about your options.

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.

USCIS

USCIS announces PHONE SCAM

October 23, 2012

Be aware of phone scammers who pretend to be USCIS officials. They call you up and say they will sign you up for some courses when in reality they are fishing for your bank information.

You can read the announcement here .

“Recently, we were made aware of a new telephone scam where individuals pretend to be USCIS employees and aggressively try to get you to sign up for a training course led by government officials. These scammers attempt to will pressure you to pay for this course and will ask you to disclose your financial information (i.e.-money order, credit card and bank account details) over the phone.

Do not give important personal or financial information over the phone to anyone you don’t know or contacts you unexpectedly. USCIS representatives will never call you and ask for money for training, products, or forms.

The official ways to communicate with USCIS are by:

Visiting the official USCIS website at www.USCIS.gov
Scheduling an info pass appointment by visiting www.infopass.uscis.gov
Calling the National Customer Service Center at (800)375-5283

Remember, official government websites end in dot-gov (.gov), not dot-com (.com). “

Aurthor New York Immigration Lawyer

Asylum in USA

HOW TO FILE FOR ASYLUM PART I

October 23, 2012

Author: Law Office of Alena Shautsova

ASYLUM PROCEDURE

Asylum process starts before a person’s submits his/or her application.

First, one needs to collect or try to collect the supporting documents. Those are the documents that an applicant can use to demonstrate the truth of his/her statements. It can be medical records, police records, articles from the local newspapers, affidavits from witnesses, letters; proof of membership in a particular group or political party, documents confirming activities in different organizations, and rallies, photos. The list of possible supporting documents is endless. If a person cannot present certain documents, but it is reasonable to expect such documents to exist, a person should provide an explanation as to why the documents are missing. Documents should be translated into English, even newspaper articles. The translator needs to make a statement that she/he possess sufficient knowledge of English and X (other language) and under the penalty of perjury states that the translation is accurate and complete. Translator’s signature should be notarized.

Authentication of documents for Asylum

Ideally, the official documents issued by the governmental bodies of other countries should be authenticated. It means that they should have an apostile. However, in asylee/refugee situation very often it is unpractical and impossible to submit for an authentication a document that will be used against this government later. As such, an applicant may submit the documents as is, expecting however an objection from the government, which be taken towards the “weight” of that documents.

Filling out the Asylum Forms

This step is very important as success of the whole process will depend largely on its accuracy. A person’s biographical information is the first part of the form I-589 (Available on the USCIS website). Family members, school attendance, jobs held, membership in different organizations, unions, etc.: nothing should be left out or misrepresented. It is very important to remember that children of asylees may receive derivative status if they were included in the application before they turn 21, even if subsequently they aged out. The forms should be filled out in English.

If you have immigration concerns, consult a skilled New York immigration lawyer at 917-885-2261 and find out about your options.

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.

Immigration To The USA

Immigration Hold (DETAINER) and Bond

October 21, 2012

Author: Law Office of Alena Shautsova

An Immigration hold is usually filed with the State or Federal prison when a detainee is a non- US citizen who is likely to be removed based on prior violations of Immigration laws, or as a result of a criminal conviction for which the person is in custody.

Nowadays, an Immigration hold is “put” on an immigrant within hours after the State or Federal prison assumes custody. It happens so fast because according to different immigration programs, as soon as the person’s fingerprints are processed, the ICE receives information regarding that person’s status and through its local agents prepares and files the hold.

What is an ICE HOLD or DETAINER?

An ICE hold is a document/order on forms I-247 or Form I-203 pursuant to which Federal or State facility should not release the person after the bail is placed or the person is released from the State or Federal custody, but should give the ICE 48 hours to assume the custody of the detainee. It must be noted that Federal law 8 CFR 287.7 states which officials can issue detainers.

When a non US citizen is arrested, it is important to try to bail him out before the ICE detainer is filed. Why? Because in this situation, there is a great chance, that non-citizen will be free and avoid ICE detention and Immigration proceedings overall.

If this does not happen, and the detainer is filed, the strategy will depend on the facts of the case and the non-citizen’s prior immigration history. The main question to answer in such a case: if the non- citizen may be eligible for bond and not subject to expedited removal/reinstatement of removal? Would a family be able to answer this question: very unlikely. That is why family members should seek help of an Immigration attorney as fast as possible after they learn that their non- citizen loved one was arrested. Important: the non-citizen must be instructed by his family/attorney not to sign any documents offered by the ICE prior to attorney’s review.

Very important: if a jail or prison continues to hold a non-citizen after the expiration of 48 hour period, the person might be entitled to damages under the Federal Tort Claims Act, and local law. You can check if local cases are similar to yours at http://www.immigrationforum.org/images/uploads/2010/detainersbackgrounder.pdf

IMMIGRATION BOND

What to do if an individual is in Immigration custody? Then, an attorney should determine if the individual qualifies for an Immigration bond. Depending on removal charges and the non-citizen’s case, it might be possible to ask a judge and/or DHS to release the person pending the immigration proceedings.

Sometimes the detainee has a court date already scheduled, in which case an attorney should bring two copies of the bond request with supporting documents to the Master hearing. Many times there is no court date scheduled, in which case an attorney should file the bond request with EOIR and also with DHS.

If you have immigration concerns, consult a skilled New York immigration lawyer at 917-885-2261 and find out about your options.

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.

Immigration To The USA

Students Are Ordered to Self-Deport

October 13, 2012

Recent news from San Diego, CA regarding ICE raids against the students working as gypsy cab drivers proves that ICE takes seriously violations of INA and particular prohibition on work without authorizations.
The ICE officials searched the apartment building and approximately 40 students who were engaged in unauthorized employment were taken into custody, after which their visas were revoked and they were ordered to leave the country within 30 days.
You can read more on this here .

Unauthorized employment may lead to serious consequences, such as revocation of status, removal and inability to adjust status.

If you have immigration concerns, consult a skilled New Yorkimmigration lawyer and find out about your options.

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.

Immigration To The USA

Advance Parole Must be Asked in Advance

October 13, 2012

Advance Parole is a permission to return to the United States after trip abroad that is issued to a person who cannot obtain a visa or otherwise doesn’t qualify to be admitted to the country.

Advance Parole is typically applied for by persons with TPS status, pending applications for adjustment of status, and now the DACA beneficiary.

To request an advance parole a person should file an application on form I-131 and wait got biometrics appointment. There is a fee associated with the filing, which currently is $360.

The situation gets complicated when a person who needs an advance parole has already left the country. Generally, the document has to be filed by a person located in the United States. It can be filed on behalf of somebody who is overseas, but the applicant should be located in the US. However, practice shows that in urgent circumstances, where severe hardship may result from person’s inability to come to the United States, a field DHS office may consider the request and help the applicant. It must be noted that in this situation, the parole is more likely to be granted as a Humanitarian parole, The situation gets complicated when a person who needs an advance parole has already left the country. Generally, the document has to be filed by a person located in the United States. It can be filed on behalf of somebody who is overseas, but the applicant should be located in the US. However, practice shows that in urgent circumstances, where severe hardship may result from person’s inability to come to the United States, a field DHS office may consider the request and help the applicant. It must be noted that in this situation, the parole is more likely to be granted as a Humanitarian parole, which can be applied for by a person in or out of the country. To read more about Humanitarian Parole visit the USCIS page .

If you have immigration concerns, consult a skilled New York immigration lawyer and find out about your options.
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.

Deportation

Is It Beneficial To Act As A Defense Witness If You Are Deportable?

September 27, 2012

Author: US deportation lawyer Alena Shautsova

It looks like the question should be answered in negative. The US Department of Justice has demonstrated that a defense witness can “pay” for his willingness to provide exculpatory evidence. The situation involves immigrants without a status who voluntarily participate in a criminal trial by offering testimony in support of defendants. Often, the witnesses for defense find themselves in deportation proceedings, while witnesses for the government enjoy protection in the form of special visas.

At least one Federal Judge found this to be a wrong policy. In a recent case in 9th Circuit, Judge Alex Kozinski issued the following decision:

May the government deport an illegal alien who can provide exculpatory evidence for a criminal defendant before counsel for that defendant has even been appointed? We believe the answer is self-evident, as the government recognized in an earlier case where it moved to vacate a conviction after it deported witnesses whose testimony would have exculpated defendant.

The 9^th reversed the conviction, and remanded the case back to the lower Court to decide whether to dismiss charges with prejudice as a consequence of the Government’s (mis)conduct.

You can read the Court’s opinion here

If you are facing deportation and removal, you need a skilled lawyer to help you navigate the ever changing and complex aspects of immigration law. Find out how a New York immigration lawyer experienced in handling deportation cases can help.