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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

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 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.

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.

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.

 

Политическое Убежище Для Белорусов

October 11, 2012

Автор: правовой офис Елены Шевцовой

В связи с угнетением прав человека в Беларуси, и жестокими расправами над политической оппозицией, многие граждане этой страны могут воспользоваться защитой США.

Политическое убежище может предоставляться лицу, которое не может или не желает возвратиться на родину в силу преследований или опасения преследований по политическим мотивам. Гражданам Беларуси политическое убежище предоставляется в случае когда лицо находиться на территории США, и лицо подало заявление в течение года с момента прибытия.

Закон предусматривает исключения из правила о подачи заявления в течении года, но пропуск подачи всегда осложняет процесс и лучше подавать в срок по закону.

В Америке есть закон Real ID Act по которому заявитель на убежище должен предложить доказательства своего рассказа/ истории или объяснить почему таковых не имеется.

Важно знать, что содержимое заявления на убежище и сам факт подачи конфиденциальны.

Длиться процесс может от нескольких месяцев до нескольких лет и зависит во многом от штата и места в котором было подано заявление. В случае, если заявление находиться на стадии рассмотрения дольше шести месяцев, лицо имеет право на получения разрешения на работу.

После получения статуса, лицо можеет выезжать из США по специальному документу беженца, но не имеет права без риска потери статуса посещать свое государство. О документе беженца можно почитать здесь:

В случае отказа, существует процесс апелляции, сначала в Board of Immigration Appeals, а затем в федеральный суд. Важно: во время апелляции в Board of Immigration Appeals дело приостановлено и Вас не могут депортировать, а во время апелляции в федеральный суд – могут, И надо подавать прошение о приостановлении дела.

Задавайте Ваши вопросы по email office@shautsova.com и телефону 917-885-2261.

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 9th 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.

USCIS Answers Important Questions Regarding DACA

September 27, 2012

Author: US immigration lawyer Alena Shautsova

The USCIS just published its answers to the most important questions that many DACA applicants have been struggling with from the beginning of the program.

The answers clarify the following questions:

  • New – Q2: May I travel outside of the United States before USCIS has determined whether to defer action in my case?
  • New – Q3: If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?
  • New – Q9. How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization?
  • New – Q3. To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
  • New – Q4. If I provide my employee with information regarding his or her employment to support a request for consideration of deferred action for childhood arrivals, will that information be used for immigration enforcement purposes against me and/or my company?

The answer to the last question is particularly interesting as it states that “This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses.” As such, it may deter many employers from assisting immigrants with their DACA applications.

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

Sexual Harassment At Work

September 27, 2012

Author: NY lawyer Alena Shautsova

As life shows, a person can become victim of sexual harassment at any place: big or large firm, private or public sector. Recent news on the subject just prove the point read the story here.

Frequently, victims do not go forward against their employers being afraid of scandals, future retaliation and gossips. Knowing that a person has to be considered an employee, often employers insist that the worker was a contractor trying to avoid liability. Unfortunately for the employers, in most situations, the test which is used to qualify a worker as an “employee” is a liberal one, and not only the employer will be responsible for his/her actions that went in discord with Human Rights laws, such an employer will face Tax evasion liability as well.
Traditionally, sexual harassment can take two forms: hostile work environment, and a quid pro quo harassment. Often, those two types are intermixed.

The sexual harassment allegations were subject of the recent lawsuit by police Officer Veronica Schultz.