January 2018
Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235
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Common Mistakes During Asylum Process
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- 2017 Immigration Rollercoaster
Author: New York Green Card Attorney Alena Shautsova
2017 was a year of unimaginable change within the field of Immigration Law. Orders of supervision were not renewed, TPS for certain countries was not extended. An entrepreneurship program was passed to help small entrepreneurs start a business in the US, however, minutes after its passing it was announced that the program would be shut down as soon as possible. The rollercoaster of this year’s political battles has drastically affected many US Citizens and their family members in all areas in which the government can directly influence the lives of its Citizens. Anyone with a family member or friend that is actively looking to adjust their status in the US will agree, Immigration law has been the area affected the most.
The good news is, while the media shares the frightening stories of ICE raids, deportations, and families who are now “stuck in bureaucracy;” more families have been able to stay together and legalize their status in the US than ever before. The fear brought on by the media and the current administrations view on US Immigration Enforcement has made families seek out answers on how they can help their family members to get their green card finally. The good news is, a lot of these individuals are able to adjust their status legally, and have been able to do so for years; they just didn’t know it until they educated themselves on their available options.
When most immigrants ask friends or family members how they can get their green card the most common answers will be:
- Marry a US Citizen
- Have your Job Sponsor you
- Apply for Asylum
- I heard you can buy a green card with a million dollars; you just have to win the DV lottery
- Did I mention you can Marry a US Citizen?
- There is nothing else you can do
Let’s start with #6 just to get that one out of the way. There is much more that can be done to adjust your status and get your permanent residence status a/k/a green card. For starters:
- Family Based Green Cards (Spouse, Child, or Parent of US Citizen)
- Cancellation of Removal (Green Card issued by Immigration Judge for those who have been in the US for at least 10 years and had a US Citizen or Permanent Resident Spouse, Child, or Parent)
These are just a few of the less commonly known ways to adjust your status in the US.
Now for the most common answer to the question of “How do I get my Green Card?” Marriage to a US Citizen. This answer is true; you can marry a US Citizen to apply for your green card. However you must first verify that you are not inadmissible to the US. One of the most common inadmissibility’s is an illegal entry. If you want to adjust your status in the US one of the criteria is that you need to have a legal entry. Unfortunately, for those who think they will just go back to their country and apply there, once they leave, they will have a 3-10 year bar in most circumstances on reentering the country regardless of an approved I-130 based on a spouse, parent or child. The good news is, waivers are available to forgive a person for this illegal entry. In most cases, they will still need to go back to their country to have a legal entry and adjust their status, but the time spent in the country is limited to about two weeks, rather than 3-10 years.
The second answer, have your job sponsor you, is also valid. However, it may not be realistic depending on what you do for a living. Job sponsorship is an extremely expensive process, even after the process is started it does not guarantee that your employer will be able to sponsor you. Between government filing fees and various other fees such as advertising fees to show your employer cannot find another employee for the job it can cost anywhere from $5000-$20000. Thisdoes not even include attorney’s fees should your employer choose to hire an attorney for the process. Even then, if while advertising your employer finds a different employee qualified for the job, there goes your chances for a green card and potentially your job. Also, in many cases, a waiver would still be required.
Asylum is a special provision in the US that one can only apply for within one year of coming to the US. This deadline has very limited exceptions. Asylum is a status that is granted to individuals who fear persecution in their home country. The claim must be based on the individual and not the country as a whole. Many people get confused with what is a valid Asylum claim and what is not. The most basic explanation of the claim is; If you or your family specifically are being targeted in your home country, and your government refuses or does not have the means of protecting you, you may have a valid claim for Asylum.
Investment Visas does have a path to obtaining a green card and the amount invested is going up very soon to $1.3M-$1.8M. The downside is that the investor will not be able to run the business he or she chooses to invest into, if the investment amount is on the lower end. For this reason, it is advisable to look into alternative Business Visa options.
Last of all, if someone says you have no chance for a green card, look for a second opinion!
- TPS for Honduras Holders: Automatic Extension
Author: New York Immigration lawyer Alena Shautsova
The US government may determine that nationals of certain countries may require special protection and provide a temporary protection status (TPS) for them. A TPS may be granted for those who entered the US legally or illegally, those who were in deportation or removal proceedings; and those who cannot adjust their status due to various grounds of inadmissibility. TPS benefits include protection from physical deportation; an employment authorization and sometimes, ability to travel.
One of the countries that had been designated for TPS is Honduras. Initially, Honduras was designated for TPS in 1999. Recently, the US government announced that it might terminate the TPS designation for Honduras. To do so, the US government has to have information that the country conditions in Honduras changed for the better, and now, it is safe for its nationals to return.
A recent review of the news regarding Honduras proves that the countries conditions are far from being safe. However, the US government did not make its mind up about what to do wit Honduras by the expiration time the most recent TPS designation for Honduras, and as such, the TPS designation was automatically extended for another six months.
It is important to know that as of now, Honduras TPS will expire on July 5, 2018. Employment authorizations that were issued to the TPS holders with categories of (a) (12) or ( c )(19) are automatically, by law, extended until July 4, 2018 (even if the card states otherwise).
However, a person still has to re-register for the TPS to receive benefits until July 5, 2018. It is best, however, to apply for a new EAD, since many employers are not aware of the “automatic extension” of the EAD and do not wish to “deal” with the legal issues involved with such automatic extensions.
Important: The re-registration period started on December 15, 2017 and will end on February 13, 2018.
- USCIS v. EOIR: Jurisdiction in Asylum Cases
Author: US Asylum lawyer Alena Shautsova
An asylum process in the US will depend on whether a person is filing for asylum when he/she is in Immigration court proceedings (defensively), or if he/she files for asylum proactively without being placed in Immigration court proceeding (affirmatively).
Whether an application has to be submitted to the Immigration Court system (EOIR) or with USCIS system (Asylum office of USCIS).
There is confusion, however, as to what to do with those applicants, who were stopped at the border, issued an administrative removal order and later were scheduled for a credible fear interview. Some of those individuals were released without credible fear interview; some did have a credible fear interview and passed it. But what unites these cases is that ICE issued for such individuals Notices to Appear, but did not file those notices with Immigration courts. There is also a group of individuals who did not have expedited removal orders but were issued Notices to appear which were not filed with the Immigration Court.
Generally speaking, if an NTA is not filed with the court, the court does not have jurisdiction over a person’s case. It means that such an individual has to file an asylum application with USCIS. Recently, I have filed and asylum application for an individual for whom an NTA was issued but not filed with the court, and such an application was accepted by USCIS.
However, DHS recently (12/21/17) stated that USCIS would reject all applications were NTAs were issued, even if those NTAs were not filed with the Court. The only cases that USCIS will accept for filing are those where ICE affirmatively stated that it would not file NTA with the court.
What happens here is that basically, people with issued but not filed NTAs would be in a “limbo” state: they cannot file the case with an Immigration court, and cannot file the case with USCIS. To resolve the situation, a person has to either persuade the ICE to file the NTA with the Immigration Court, or ask the ICE to vacate the NTA.
It is very important to handle such situations with care: if a person misses a one-year filing deadline, he/she may lose a chance to receive asylum in the US.
If you have questions regarding asylum, please call 917-885-2261 or email at office@shautsova.com.
- Processing Times THE USCIS PROCESSING TIMES:
https://egov.uscis.gov/cris/processTimesDisplay.do
- The Administrative Appeals Office http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=dfe316685e1e6210VgnVCM100000082ca60aRCRD&vgnextchannel=dfe316685e1e6210VgnVCM100000082ca60aRCRD
- Labor Department Processing Times
The following link provides approximate times for PERM processing periods:
http://icert.doleta.gov/#fragment-2
- Nonimmigrant Visa Wait Times
Depending on your location, the US Department of State provides the following approximate visa wait times:
http://travel.state.gov/visa/temp/wait/wait_4788.html?post=Kyiv&x=86&y=13
Watch our Videos: https://www.youtube.com/channel/UCBSrIQswMdYh_T1qToEZRrQ
Visit our resources on Asylum, Recent Changes in Immigration laws and Processing times:
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