Understanding Immigration: Key Updates and Legal Insights

August 2016

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

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“Be the change that you wish to see in the world.”
― Mahatma Gandhi

NEWS FLASHES:

New Changes To I-601A Provisional Waiver

Expedited Removal Order

Mystery Of Where One May Get Picked Up By ICE Uncovered

Change Of Employer While I-140 Is Pending

Self-Sponsoring Green Card For Victims Of Domestic Violence

Statute Of Limitations For Green Cards Rescission

EAD Clock And Transfer Of Pending Asylum Case

Watch our recent video on changes to I 601A Provisional Waiver Program:

Pokémon and Immigration: things in common

ABA Annual Meeting in San Francisco: New Policies That Might Help advocating for Your Case, Miranda Warning

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The ABA or American Bar Association is one of the largest professional organizations in the world. Twice a year we meet to discuss and adopt various policies that affect Federal and local laws and regulations. Lawyers from all over the country bring their clients’ issues and advocate on their behalf, fighting for justice.

One of such policies that was adopted very recently, this past week in San Francisco, CA during the ABA Annual meeting was a resolution urging federal, state, local and territorial law enforcement authorities to provide a culturally, substantively and accurate translation of the Miranda warning in Spanish.

The famous Miranda warning is a warning that is given to a person before the questioning to make sure that the person understands that by speaking he/she may incriminate him/herself and that a person has a right to an attorney, and if they cannot afford one, a free one will be provided.

The problem is that often, the translation of the Miranda warning provided by the law enforcement agencies is not accurate, and rather than help someone to understand their rights, confuses them even more. For example, during the ABA House of Delegates meeting, it was presented that in some cases, the right to a free attorney in Spanish sounded like “the right to a “liberated attorney””, or the word “right” was translated as “taking the right turn.” One may only imagine what those who were arrested and provided such a translation thought at the time of the arrest… See more examples: http://www.oregonlive.com/pacific-northwest-news/index.ssf/2013/07/police_detective_needed_to_use.html.

An incorrect translation leads to an incorrect conviction. An incorrect conviction may have a drastic and underserve effect on one’s Immigration status. If you believe that your case or case of somebody you know was affected by an incorrect translation of the Miranda rights, you need to connect with an attorney immediately. Incorrect and unjust convictions may be overturn, when the evidence obtained during the faulted process are excluded from the case materials. An overturn conviction may lead to the restoration of one’s Immigration status, or an ability to apply for various forms of relief from removal/deportation.

You may ask your questions by calling us at 917-885-2261 or via email at office@shautsova.com.

Proving Admission Without I -94 Card

Author: Green Card Attorney Alena Shautsova

Close-up of a Permanent Resident card on top of a map, highlighting the text 'Permanent Resident'.

A person in the United States who is applying for permanent residence, has to prove that he/she was inspected and admitted before his/her application for adjustment of status is granted. Often, the problem arises when a person was brought into the country by his/her parents or entered the US using fraudulent documents. Sometimes, a person is confused and does not know the truth: he/she has to rely on the parents’ explanation rather than an independent recollection of the entry. Sometimes, a person does not have the fraudulent documents in his/her possession to prove that a false name or passport or a visa were in fact used and a person, even though through fraud, was in fact inspected and admitted.

In such situations, it is still possible to convince USCIS that an admission and inspection took place, but it will not be easy since primary evidence of admission such as an I -94 card and a passport stamp would be missing.

First, a person has to demonstrate that primary evidence of admission is missing. Sometimes, it is a result of a FOIA request, decision on I 102 form or a statement attesting that primary evidence does not exist. Thereafter, a person has to try providing secondary evidence of admission. Secondary evidence may include “documents created and maintained in the ordinary course of business by an individual or entity other than DHS. The regulation gives as examples religious or school records, if public vital records are not available. For secondary evidence, the chief concerns would be (a) is the document authentic and (b) what can reasonably be inferred from the document about whether the claimed admission took place.” See AILA document 16080935.

Often, however, even such evidence would not be possible to obtain. As many “illegal” immigrants would not be able to find a “legal” employment or obtain a social security number that is necessary for creation of secondary evidence.

It means that the only way a person would be able to prove admission is by presenting credible affidavits and sworn statements. Unfortunately, such cases take a very long time and often, motion practice is needed to convince USCIS to accept evidence of admission in the form of a written testimony. Nevertheless, all possibilities have to be exhausted before a person may try his/her luck in a federal court.

Often, despite an initial explanation that a person does not have primary evidence of admission, USCIS sends an RFE demanding that an I -94 card be presented. One should never ignore an RFE and has to respond, even it means he/she will send the same explanation that was already provided.

Adjustment of status is a complicated process and an advice of an attorney is often necessary to get though its maze. If you have questions, you may ask them by calling us at 917-885-2261 or via website www.shautsova.com.