March 2015
Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235
Subscribe to our monthly free legal updates, SHAUTSOVA’S UPDATE.
Follow our Blog Posts commenting on the latest developments in the immigration and civil rights world
http://www.russianspeakinglawyerny.com
Happy International Women’s Day!
March 8 is the International Women’s Day. We celebrate mothers, wives, daughters, sisters, girlfriends, grandmothers, and all the women. Law Office of Alena Shautsova wishes women to be healthy, happy and prosperous!
- Immigration Reform Updates: What happened with the new DACA and DAPA.
On November 20, 2014, President Obama announced a series of measures that are supposed to improve the current immigration system. Among them were the new DACA and DAPA. The USCIS was supposed to start accepting applications for the new DACA on February 18, 2015.
However, on February 18, 2015, a Federal Judge from Texas granted application to temporary stop the implementation of the program. As a result, the reform is “frozen” for now.
While the old DACA is still running, the applications for new DACA with the more lenient requirements are not being accepted. The government tried to convenience the judge to lift the ban but it did not work, and now the government is appealing the judge’s order at the Federal Court of higher level.
What is going to happen next? My prediction is that eventually the ban will be lifted and the applications the USCIS will start to accept applications. It is just a shame that the time will be wasted and millions of those waiting for the change have to depend on political game that leaves without consideration lives of those who help to build this country.
- My boss or supervisor is treating me unfairly at work, but I do not have a legal Immigration status. What can I do?
Author: Employment Discrimination Attorney Alena Shautsova
It is unfortunate when people are taken advantage of by their superiors in America. It is even more unfortunate when they believe they must put up with this abuse because they are afraid of being deported, jailed or otherwise retaliated specifically because of their immigration status.
Let it be known, that those who lack a legal immigration status are not only human beings like the rest of us, but are protected by the same laws in the United States as its citizens when it comes to Unfair Labor Practice Proceedings. The National Labor Relations Act is clear in its effect to protect all statutory employees, whatever their immigration status may be.
When an issue of immigration status is raised during the investigations or proceedings the NLRB (National Labor Relations Board) assigned representative in the Division of Operations-Management must be made aware of the possible implication of immigration status affecting the ability to litigate or settle a potential claim of unfair labor practices. The representative is not only required to provide technical assistance and discuss the possibility of additional remedies but will also determine whether interagency engagement will assist in litigation or settlement and coordinate the agency’s response to these issues. Thus, if the act is violated by an employer, the regional office in charge of investigating your claim will make its determination of said act regardless of current immigration status.
Most employers will try to raise the infamous defense “Company ABC was motivated by the need to comply with immigration laws,” do not falter. This is a scare tactic used by many employers to scare a complainant into withdrawing their complaint and never coming into contact with, or mentioning the companies name ever again.
The key word used in this defense is motivation. Motivation of termination, suspension, demotion, etc. If an employer was motivated by different reasons, such as asking to be compensated for overtime not paid, inquiring as to why your employer is paying you below minimum wage, declining sexual advances of your superior, etc., an employee may bring lawsuits based on other laws that protect employees from discrimination, such as Title VII or New York State Human Rights Laws.
It is important to know that for certain situations a person without valid immigration status may qualify for a T or U visa. The law provides protection for those who cooperate with the law enforcement and are not afraid to speak up. In addition, a prosecutorial discretion may also be available for those who act as plaintiffs or witnesses in employment discrimination litigation.
Moreover, a person with a temporary employment authorization (an asylee, a person in a conditional permanent resident status, a person on OPT) cannot be discriminated against either. Under the U.S. laws, an employer cannot require an employee to present specific documents to prove employment eligibility. An employee can choose from a list of acceptable documents, which ones to present. In a case when an employer demands specific documents: let’s say a U.S. passport or a permanent resident card, an employer can be punished by the U.S. government as it is discrimination based on alienage.
- What happens After My Case Is Filed?
Author: New York Immigration Lawyer Alena Shautsova
Have you wondered what happens to the papers you send to USCIS? How do they need to be arranged? Do you need to call USCIS to make sure they received your filing? How to write a check for the Immigration filing fees?
First, the case or filing has to be assembled in a certain way so that USCIS sorting facility personnel will not struggle with the package. It means that all the documents has to be in order; they should not be stapled together and, preferablyshould not be printed on a double side paper. On the top of your submission there should be a check or money order made to the U.S. Department of Homeland Security (in most cases, for certain filings the recipient will be a different entity); then there will be pictures and a medical exam envelope (if you had to submit one). The documents should be easy to separate because all the submissions now get scanned. The person who is sorting out your submission is not the one who will make a decision on it. Often, the documents are sent to the lockbox address, and then the file is forwarded to the local office for adjudication.
Second, once the file is accepted, a filer should receive a paper notice confirming the receipt of the documents. That usually happens within 2 weeks of submission. If a fee was missing, or the check was not made to the right amount, the submission will be returned to the filer.
Third, in most cases, the filer will be called for fingerprinting procedure. This usually happens within a month of the filing. I prefer to rely on paper notices rather than online case status, but many of my clients like to check the status of their cases online using the receipt numbers they obtained with the notice confirming the filing.
The fourth step is waiting. The processing times for different filings vary and depend on the submission, the type of the case, the local office and how busy USCIS is in general. One may check approximate processing times on USCIS website, but the posted time frames are approximate and an individual case may be decided sooner or much later than the posted times.
Depending on a case, there can be an interview scheduled (usually in the case of adjustment of status, or I -751 , removal of condition, filings). Again, if one is invited for an interview, there will be a paper notice. The online case status update is not enough. Sometimes the online case status is wrong or mistaken (it happens), and it is best to rely on paper notices.
Once one appeared for an interview, the officer usually will take about two weeks to make a determination on the case. If everything is successful, a permanent resident card will be issued by mail, or a person will be scheduled for an Oath ceremony (again, it depends on particular process or application).
Leave a Reply