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Immigration News

Immigration News from Your Go To Russian Speaking New York Immigration Lawyer

On this page, you will find most up to date developments in the U.S. Immigration Law

It is particularly important to us that our clients stay informed about their rights. Therefore, our New York Immigration Lawyers continuously update this page to post here relevant immigration news. We are undeniably living in the era when the U.S. Government is repeatedly changing immigration laws of the country. Currently, the Government’s goal is to limit the number of immigrants to the least amount possible. Hence, strengthening your knowledge will give you an upper-hand in your process. Therefore, read on and know what our New York immigration lawyers know.  

10/17/2018

By New York Immigration Lawyers

USCIS revised the validity of Report of Medical Examination and Vaccination Record (Form I-693)

The updated policy, which comes into force on November 1, 2018, states that the Form I-693 must be signed no more than 60 days before the applicant files the underlying application for which Form I-693 is required. The validity of the form is more closely tied to the timing of the underlying application. The Form I-693 would remain valid for a two-year period following the date it was signed.

This change in policy will allow USCIS avoid delays in adjudicating the underlying applications since there will be fewer requests for updated Forms I-693.

From personal practice, I would like to point out that although the Form I-693 was good for 2 years, immigration officers in the vast majority of circumstances required applicants to update the form if it was a year old.

08/31/2018

By New York Immigration Lawyers

Immigration judges are now less likely to grant continuance in court proceedings after Attorney General’s ruling.

On August 16, 2018, Attorney General Jeff Sessions made it harder for Respondents in Immigration hearings to reschedule court hearings.

In the Matter of L-A-B-R-, Sessions stated that from now on, Immigration Judge could reschedule hearings only for “good cause shown.” This decision takes away immigration judges’ discretion in rescheduling hearings. The decision seems to say that now, judges can only do so only after engaging in analysis of multiple factors.

Here is an example of how this will affect many of those with pending immigration court cases. Let’s say a person is waiting for crucial evidence from his/her country of nationality, which takes some time to obtain. In such cases, judges were previously able to postpone hearings until such evidence becomes available, within reasonable period of course. Now, judges most likely judges will not be able to do so because such cause would not meet the “good cause shown” standard.

To assure that you get your rights in court are not violated, you need to hire a New York Immigration Lawyers who will actually stand up for your rights in immigration Court.

13/08/2018

By New York Immigration Lawyers

U.S. Government changes its unlawful presence policy for foreign students.

Beginning August 9, 2018, international students who are in the United States under F, J, and M nonimmigrant visas will begin accumulating unlawful presence in the U.S. on the day after they violate the terms of their visa.

For example, if a student begins working or stops pursuing his course of study in the U.S. on August 10, 2018, his/her unlawful presence in the United States will start accruing on August 11 and onward.

The change comes after USCIS changed its method of calculating unlawful presence for international students. Prior to August 9, 2018, a student did not accumulate unlawful presence until the day USCIS determined that such student violated his status.

The change will not only affect the students themselves but also their dependents who remain in the United States under F-2, J-2, or M-2 visas. Accrual of unlawful presence will be tolled for those who submit a request to reinstate their status.

From the practical standpoint, this change affects students in the following manner. Under the U.S. policies, persons who accumulate 180 days of unlawful presence in the United States are inadmissible for a period of 3 years. Those who accumulate more than 1 year of unlawful presence are inadmissible for a period of 10 years. Thus, under the new policy, the inadmissibility period for foreign student will begin much earlier than previously.

If you are a student in transition, we encourage you to consult with a qualified New York Immigration Lawyers who will assure you do not violate your status. 

30/07/2018

By New York Immigration Lawyers

Department of Justice removes a favorable judge from an immigration case and replaces him with a judge who deports the immigrant in absentia.

The Trump Administration continues its attack on immigrant’s rights. This time, the attack came upon immigrant’s basic procedural rights. In a Philadelphia immigration case, the court gave Respondent, Castro-Tum  only a 2-week notice to appear in Court. Immigration attorney Mathew Archambeault, an activist, appeared before the Court on behalf of Castro-Tum who failed to show up. 

Archambeault argued that requesting someone to appear in court in such short period of time violated the immigrant’s procedural rights. Such notices are usually sent via mail. Considering how fast our postal services work, it is possible the immigrant could have gotten the notice after the hearing date. The judge agreed with Archambeault and gave the immigrant additional time to appear.

Perhaps as a punitive measure, the Department of Justice removed the immigration judge from the case and replaced him with a judge from its headquarters, unprecedented measure by all means. The new judge deported the immigrant who again failed to appear.

The measure came two months after the Department of Justice took away immigration judges’ power to administratively close cases. Judges frequently used this remedy in cases where immigrants deserve favorable decision.

20/06/2018

By New York Immigration Lawyers

Immigration and Customs Enforcement (ICE) has more than tripled its arrest record in 2018.

In fiscal year 2017 ICE investigated 1,716 workplaces in search of illegal immigrant workers. In 2018, this number went up to 6,093 investigations. As of July 20, 2018, 984 immigrants were arrested for being in the United States. In 2017, there were 172 arrests. 675 more immigrants were arrest for criminal conduct. In 2017 there were 139 criminal arrests.

Importantly, these numbers show the administration’s eagerness to demonstrate it is doing its job. Nonetheless, these numbers are still low. They are comparable to increased ICE activities detected during the Bush administration. 

See  also: 

https://www.huffingtonpost.com/entry/ice-workplace-arrests-undocumented-immigrants-trump_us_5b586cc9e4b0fd5c73ca8c4b

30/06/2018

By New York Immigration Lawyers

Domestic Abuse is no longer grounds for asylum

On June 11, 2018, the U.S. Attorney General, Jeff Sessions, declared that victims of domestic violence were no longer eligible for asylum in the United States. This decision overturns a previously established law which protected thousands of women who were victims of domestic abuse in their home countries.

Matter of A-B-, Sessions found that women, victims of domestic abused, were not members of a particular social group as required under the asylum law of the United States. The case overturns the opposite finding held in Matter of A-R-C-G-, in 2014.

How does this decision affect you? Victims of Domestic Violence can no longer seek asylum because they were abused. But do not give up your hopes yet. It is not clear whether the  decision affect definition of a particular social group set in Matter of Acosta. There, the court recognized a person’s “sex” as a grounds for asylum. In other words, your attorney can still argue that you are eligible for asylum because you were persecuted on account of your gender.