A person traveling on advance parole may still return to the US without triggering the unlawful presence bars. Citing Matter of Arrabally, the Eleventh Circuit held that the petitioner was not inadmissible under §212(a)(9)(B)(i)(II), because she left the United States pursuant to a grant of advance parole.
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Author: New York Immigration lawyer Alena Shautsova
Many immigrants are in suspense as to how new immigration laws will impact their status and pending immigration petitions. In particular, petitions filed on behalf of siblings, as the draft of the Immigration reform bill eliminates this category.
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Author: Discrimination lawyer Alena Shautsova
Bikram Choudhury is well-known in the yoga world for teaching yoga sequences in a
105 degree temperature environment. Currently, he is sitting in the hot seat for
alleged sexual harassment. Shirley McClain was one of his first yoga students in the
1970’s and since that time he has built his yoga business into a million dollar empire,
charging students $25 a session.
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 .
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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BREAKING NEWS:
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 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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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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