June 2018
Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235
175 Eileen Way, Syosset NY 11791
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.workharassmentattorneys.com/
http://www.russianspeakinglawyerny.com
“Be the change that you wish to see in the world.”
― Mahatma Gandhi
Watch Our Videos:
- How to Prepare for an Individual Hearing in Immigration Court
Author: New York Immigration Attorney Alena Shautsova
An Individual hearing in Immigration court is basically a trial, a day when one’s application will be heard on merits. First, you will need to get familiar with the Immigration Court Practice Manual and read when and what you can submit. If the judge did not specify when you need to submit the documents during the Master hearing, then you will use the deadlines specified in the Manual. If you are not sure, you should call the judge’s clerk and ask to verify when the “call up” date is.
Currently, Manual establishes these filing deadlines:
(A) Non-detained aliens. — For individual calendar hearings involving non-detained aliens, filings must be submitted at least fifteen (15) days in advance of the hearing. This provision does not apply to exhibits or witnesses offered solely to rebut and/or impeach. Responses to filings that were submitted in advance of an individual calendar hearing must be filed within ten (10) days after the original filing with the Immigration Court. Objections to evidence may be made at any time, including at the hearing.
(B) Detained aliens. — For individual calendar hearings involving detained aliens, filing deadlines are as specified by the Immigration Court.
Note: the court would generally do not care if the submission “got stuck” in the mail. It means the documents should be delivered within the time listed above.
Another very important point: all submissions with the Immigration Court have to be in the format specified by the Manual. For example, a submission has to have a cover page; the pages have to be numbered; there should be a table of contents with tabs affixed to the right side of the pages.
The court may reject the submission that is late or does not correspondent to the standards specified in the Manual. After one’s done with paperwork, he/she needs to think what questions the government may have about the case and submission; who the witnesses will be; and prepare for some legal challenges.
For example, if one is filing for asylum based on membership in a particular social group, he/she should be prepared to articulate that group(s) at the beginning of the Individual hearing. If one is filling for cancellation of removal, prepare to call witnesses who will confirm hardships and moral character.
Remember, both judge and government attorney are professional lawyers; they will use specific language when they address evidence (such as admissible; inadmissible, hearsay, etc.); they are familiar with the recent cases…
Right before the hearing, you will need to research the state of relevant policies and law to make sure that the points you will be making will be valid.
If you have questions regarding Immigration court proceedings, please request an appointment by calling 917-885-2261 or by emailing us at office@shautsova.com.
- Visiting Family Members in the US While Immigrant Petition Is Pending
Author: US Visa Attorney Alena Shautsova
US Immigration laws prohibit issuance of a non-immigrant visa to an individual who has “immigrant intent”: a person who wishes to stay in the US. As a result, many are afraid to file I 130 immigrant petitions for their family members and lose the precious time.
Recently, CBP confirmed that they would allow family members with pending I 130 petitions pending into the US on non-immigrant visas, but only if a person proves that he/she has a legitimate, non-immigrant interest in visiting the US. Each situation will be resolved on a case by case basis. It means that the applicant for the non-immigrant visa, or a holder of the non-immigrant visa with a pending I 130 or other immigrant petition, would have to prepare for their interview with the US consular officer or a CBP officer very well.
Remember: your electronic devices and social media accounts can be searched when you are trying to enter the US. If an officer finds information that is contrary to the declared purpose of your visit, you will be deniedvisa or entry into the US.
Also, it is no-desirable “to change your mind” while in the US, and try adjusting your status after you already told a CBP officer at the border that you are just coming to “visit.” This may open the door to bigger problems and a necessity to apply for a fraud/misrepresentation waiver.
If you have questions regarding non-immigrant visas, please request an appointment by calling 917-885-2261 or by emailing us at office@shautsova.com.
- Visa Bulletin: policy/bulletin.html
- 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:
Leave a Reply