Russian Speaking NY Immigration Lawyer

Delivering Solutions For Your Future
Immigration in America, USA flag

Law Posts

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.

New Visas To Russia Will Be Cheaper And For A Longer Period Of Time

September 27, 2012

Author: US visa lawyer Alena Shautsova

Recently, the US and Russia came to an agreement that they both will simplify the application process for tourist and business visas to these countries. The agreement will enter into effect on September 9, 2012. Please see moscow.usembassy.gov/russian-visas.html. Russian citizens may visit ustraveldocs.com/ru/index.html for specific instructions on how to apply for a U.S. visa.

Basically, to get a tourist or business visa to the US, a Russian citizen will need to pay $20.00 for visa (it was $100.00). Note that the $160 fee for application will still apply. The visa will be good for multiple entries during 36 months.

The agreement was reached due to the cooperation between the US Secretary of State Hillary Clinton and Russian Foreign Minister Sergei Lavrov.

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

May The Migrant Workers Apply For DACA Relief?

September 27, 2012

Author: Immigration attorney Alena Shautsova

While the USCIS accepting applications from hundreds of undocumented young people, many still will not qualify as they cannot produce proof of school attendance or being currently in school.

This is particularly true for migrant workers, those who come to work seasonally. In addition, this category of potential applicant may also face challenges proving continuous physical presence in the country.

Note that according to the DHS, school records act as the best evidence for both continuous presence and education requirements.

To satisfy school enrollment requirement, an applicant may enroll in Language School, as long as applicant’s job/job placement would be conditioned on completion of the language course, and applicant can demonstrate that with relevant documents (ex. letters from the hiring manager; supervisor at the job training program). Note that the USCIS also requires evidence that the “program is one of demonstrated effectiveness.”

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

Tough Economic Times See Increases In Discrimination Claims

September 27, 2012

Author: Discrimination lawyer Alena Shautsova

As economic conditions change, sometimes job markets favor employees and sometimes they favor employers. The supply/demand ratio in the current market shows a greater supply than demand for employees, and unemployment rates are higher than the nation has seen for decades. Such conditions make it an employer’s market. Employers can be choosier when filling positions because the employment pool is comparatively large. Yet, similar to the 2001 recession period, these tough financial times have also seen a rise in discrimination complaints.

In January, 2012, the Equal Opportunity Employment Commission (EEOC) reported that employment discrimination in the private sector had hit an all time high for year-ending 2011. The EEOC reported the following employment discrimination statistics for the fiscal year 2011:

  • 99,947 charges of employment discrimination
  • $455.6 million in relief through the EEOC’s administrative program and litigation, which includes mediation
  • A $51 million increase in relief over the past three fiscal years
  • 5.4 million individuals benefiting from changes in workplace policies or practices
  • Record levels for EEOC mediation program resolutions at 9,831, and $28 million more than in 2010
  • 300 EEOC lawsuits resulting in $91 million in relief

The EEOC also reported that while racial and sexual discrimination allegations declined in 2011 compared to 2010, disability and age discrimination allegations increased. The Disabilities Act (ADA) produced the highest increase in monetary relief of any protected class category.

If you face workplace discrimination or harassment issues, discuss your situation with a New York immigration lawyer. Find out about your rights and get legal help to fight discrimination.

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.

Deferred Action Application for Childhood Arrivals

August 31, 2012

Author: Immigration lawyer Alena Shautsova

Deferred Action Application for Childhood Arrivals

With an announcement of the new Obama supported Immigration policy for young undocumented immigrants, millions received hope to stay and work in the country legally.

The deferred action application process calls for submission of certain forms published on the USCIS website, as well as supporting documents. While the guidance published by the USCIS help with the confusing questions in application forms, many should still consult with an attorney while filing for this relief.

The common questions are:

  • Shall I disclose to the authorities that I used false documents to enter the country?
  • How can I prove that I was physically present in the country on June 15, 2012?
  • Shall I disclose that I used someone’s social security number?
    Will other members of my family be affected by my application?
  • May the authorities use the information in the application for future removal proceedings?

Some representatives of the community strongly suggest not to file for the relief at all as it may expose the potential immigrant to the future removal proceedings. However, depending on personal circumstances, including possibility to adjust status through family immigration, be sponsored by an employer, or qualify for other relief, an applicant should simply make a informant decision and choose what is in his/her best interest. If you are looking for answers to the questions concerning DACA application, New York Immigration Lawyer can help you! Call today 917-885-2261.

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.

Discrimination Lawsuit brought by DOJ against Interstate Farm Company

August 31, 2012

Author: Law Office of Alena Shautsova

Work-authorized non-citizens brought a lawsuit against Rose Acre Farms through the Department of Justice (DOJ) that alleged discriminatory employment practices.

The Immigration and Nationality Act (INA), as explained by the DOJ, does not allow employers to require additional or other than specified documentation regarding citizenship or nationality from work-authorized employees when verifying work eligibility as part of the hiring process. The Assistant Attorney General for the Civil Rights Division stated that, “The INA’s anti-discrimination provision requires employers to treat employees equally in the employment eligibility verification process, regardless of citizenship status or national origin.”

Rose Acres used an electronic employment eligibility verification software program that may have influenced its human resources professionals to request additional documentation.

The DOJ is seeking an injunction against future discrimination by Rose Acres and demands changes be made in the company’s employment verification processes and policies. It is also seeking monetary damages on behalf of harmed individuals and requiring civil penalties be placed on the company.

Employers requesting more documentation than federally required are subject to discrimination lawsuits brought by the government.

The legal counsel for Rose Acres Farm argues that the company’s practices are not discriminatory and that they take pride in the diversity of their hiring practices where 45 percent of their employees are from minority groups and the majority of their workers are Hispanic. Rose Acres is a major egg producer, operating farms in six different U.S. states.

If you suspect workplace discrimination, a New York employment lawyer can help protect your rights. Immigration and employment are often inter-related and because our law firm deals with immigration and employment matters, we are well-versed in handling these types of issues.

The Law Office of Alena Shautsova is a New York immigration and employment law firm serving clients in Brooklyn, New York City, Long Island, Manhattan, Queens, the Bronx and surrounding communities.

Civil Rights Groups Continue Challenging Arizona Immigration Law

August 31, 2012

Author: Law Office of Alena Shautsova

While the U.S. Supreme Court rendered its decision in the Arizona Immigration Law case, more lawsuits still challenge the validity of the provision that the Supreme Court upheld.

CNN reported that a coalition of civil rights organizations filed a federal court motion to block the provision that requires officers to check immigration status if reasonable suspicion exists regarding illegal status.

The legal arguments and evidence covered by the lawsuit against the provision include:

  • Extended detentions for immigrants while checking status which violate Fourth Amendment rights against unreasonable searches
  • No established time length limiting detentions
  • Equal Protection Clause violations based on racial or natural origin discrimination (racial profiling)
  • Illegal and discriminatory language used in SB1070 intending to impose racial profiling

Civil rights organizations bringing the action include the American Civil Liberties Union (ACLU), National Immigration Law Center, the Mexican Legal Defense and Educational Fund, and the National Day Laborer Organizing Network.

Five states – Alabama, South Carolina, Georgia, Utah, and Indiana – passed similar laws to Arizona’s immigration law and these states also face legal battles to sort out the validity of their new laws. In Arizona’s case, according to news media outlets, approximately 30 percent of the state’s population is Hispanic, and the state has a 370-mile border with Mexico where undocumented immigrants cross into Arizona. It claims the federal government has not effectively dealt with the influx of immigrants who do not have legal status. Immigration reform at the federal legislative level appears to be deadlocked in diverse political views on immigration between Democrats and Republicans.

A New York immigration lawyer can help if you face deportation, other immigration issues, or wish to pursue permanent residency or U.S. citizenship.

Two Extremes: California’s TRUST Act And Arizona’s Immigration Law

August 31, 2012

The California Senate passed AB1081, called the TRUST Act. This bill seeks to prevent law enforcement officials from referring undocumented immigrants to Immigration Customs Enforcement (ICE) unless the courts convict the individual of a violent crime or felony. The nickname for this bill is the “anti-Arizona law.” It opposes the provision that the U.S. Supreme Court recently upheld in Arizona’s law that allows police officials to check immigration status of detained immigrants.

ICE’s Secure Communities policy states that the federal government’s limited resources should be used to remove immigrants who pose a threat to public safety or who are repeat immigration offenders. Under S-Communities, ICE set up programs with local communities like the one in operation in Escondido, CA. Escondido California currently works directly with ICE, and ICE agents even have offices within the Escondido Police Department. As it stands, local law enforcement agencies across the country share information with ICE, the FBI, and Homeland Security on fingerprints and other information.

The CA bill would limit local police collaboration with ICE by focusing only on offenders convicted of serious felonies. If the bill passes and California’s governor signs the bill, then local law enforcement would no longer be permitted to work with ICE unless a serious felony conviction exists.

Proponents contend that the bill guards against profiling and unnecessary and wrongful detainment. Opponents argue that undocumented immigration drives up medical costs, prison costs, state welfare programs, and other expenses that lead to state insolvency.

It remains to be seen how this bill will play out, if passed, and the effect it may have on the evolving U.S. immigration laws.

If you are dealing with immigration issues, consult New York lawyer. Our law firm keeps its finger on the pulse of ever-changing immigration laws and a knowledgeable lawyer can help protect your rights.

A Long Island Lawyer Serving New York Community
New York Russian speaking lawyer Alena Shautsova is located in Long Island and serves Brooklyn, New York City, Manhattan, Queens, the Bronx and surrounding communities. Call Today. (917) 885-2261.

Дела, при рассмотрении которых применяются статьи трудового и иммиграционного права

August 22, 2012

Дела, при рассмотрении которых применяются статьи трудового и иммиграционного права. При вынесении решений по некоторым делам суд должен определить соотношении иммиграционного законодательства и трудового законодательства.  Именно это произошло при рассмотрении дела Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002) (http://supreme.justia.com/cases/federal/us/535/137/case.html), окончательное решение по которому было вынесено Верховным судом.

Главным фигурантом дела являлся иммигрант без документов Жозе Кастро, въехавший в США нелегально по поддельным документам, включая свидетельство о рождении от друга, который родился в Техасе, и таким образом жозе смог получить работу в Хофман Пластик Компаундс. Своими действиями Кастро нарушил Указ о реформе и контроле иммиграции (IRCA), по которому работники, работающие в США незаконно, а также компании, осознанно берущие на работу нелегальных лиц, должны быть наказаны. В данной ситуации руководители компании думали, что документы Жозе были в порядке. Однако, компания и сама нарушала законодательство и сняла Жозе Кастро с работы за его участие в деятельности профсоюза, которая выражалась в том, что он раздавал листовки и карточки о профсоюзных акциях. Применение репрессий против работников за профсоюзную деятельность нарушало национальный Указ о трудовых отношениях (NRLA), защищающий служащих, работающих на профсоюзы.
Кастро подал в суд на компанию Хофман, так как она отказалась выплатить ему просроченный платёж. Подав в суд, Жозе вынужден был раскрыть свой нелегальный статус, что внесло в дело интересный конфликт законов. Верховный суд вынес 4-5т решение отказать Кастро в выплате просроченного платежа, так как нелегальные иммигранты без законного разрешения на работу не имеют права на оплату на основании Указа о реформе и контроле иммиграции. В этом деле Указ о реформе и контроле иммиграции(IRCA) имел превосходство над Указом о трудовых отношениях (NRLA).
Если у вас есть вопросы по иммиграции или трудоустройству, юридическая фирма Елены Шевцовой может оказать вам помощь юридическими услугами, так эта фирма специализируется в трудовом и иммиграционном праве. Юридическое представительство  New York immigration lawyer (http://www.shautsova.com/contact-us-lawyer/new-york-long-island-law-firm.php) или адвокат по трудоустройству могут помочь в защите ваших прав.
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.