Immigration Reform bill is here! It was released today and is expected to be introduced before Senate next week.
The outline of the Immigration Reform bill is available here .
Immigration Reform Bill
April 16, 2013
Law Posts
Политическое убежище в США
April 16, 2013
Политическое убежище в США – статус при получении которого лицо может жить и работать в США и путешествовать заграницу.
Лицо должно подать на убещище в течение года по приезду в США. Однако, бывают исключения такие как болезнь, нахождение в легальном статусе, измениние обстоятельств в стране от которой лицо просит убежище. Если суд или иммиграционный офицер согласятся что смягчающия обстоятельства присутствовали, можно получить политическое убежище в США даже после пропуска годичного срока.
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Work Authorization for Asylum Seekers
April 15, 2013
BREAKING NEWS:
Work Authorization for Asylum Seekers
Author: New York Immigration attorney
An important agreement was reached in connection with asylum clock and ability of asylum seekers to obtain an EAD (employment authorization). The law states that if an application for asylum has been pending for more than 180 days, an asylum seeker can apply and be granted a work authorization.
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How to Get Citizenship
April 15, 2013
How to get citizenship is a question of many immigrants. The immigration reform drafters are also discussing paths for citizenship for undocumented workers. However, no matter what they will decide, to get citizenship, one have to first obtain a green card or permanent resident status. Provided, of course, the laws will not be drastically changed in the nearest future.
The only way to get citizenship without obtaining permanent resident status first, is by being born on the US territory or by being born to or being adopted by the US citizens (provided other conditions for automatic citizenship are met).
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Provisional Waiver of Unlawful Presence I-601A
April 12, 2013
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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Facing Deportation, Detained or Released?
April 3, 2013
When Facing Deportation, What Determines Whether You Are Detained or Released?
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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Immigrants under DACA Can Obtain Alabama Drivers Licenses
March 29, 2013
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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Sexual Harassment at Columbia University
March 27, 2013
Quid Pro Quo Sexual Harassment in New York at Columbia University
Author: Discrimination lawyer Alena Shautsova
The Equal Employment Opportunity Commission (EEOC) explains that quid pro quo sexual harassment involves a superior and subordinate where the superior demands sexual favors and the subordinate’s submission or rejection subsequently affects work decisions.
More of Arizona’s Immigration Law Was Struck Down
March 25, 2013
Court of Appeals for Ninth Circuit Blocks Day Laborer Provisions of Arizona’s Immigration Law
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.
Burger King $2.5 million Sexual Harassment settlement
March 18, 2013
Burger King Settles Sexual Harassment Lawsuit for $2.5 Million
Author: Discrimination Attorney Alena Shautsova
Carrols Corp. the owner of Burger King restaurants throughout the United States recently negotiated a $2.5 million sexual harassment settlement. The settlement resulted from a 15-year old federal lawsuit filed by the Equal Employment Opportunity Commission (EEOC) in January 2013.