NYC Bar’s event below is not only informative for folks stuck in immigration twilight on what to do, but also provides a great outline starting point for attorneys with respect to legal strategies for their immigration clients. Additionally, event outlines a number of social programs that are available to New York residents in general, and immigrant community in particular.
Published January 5, 2018 by Yuri Starikov
Published April 6, 2016 by Yuri Starikov
This is repost from USCIS communique: USCIS Administrative Appeals Office Launches Search Tool for Non-Precedent Decisions. Immigration practitioners may find it useful. The Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) has launched a search tool for most non-precedent decisions since 2005. Non-precedent decisions apply existing law and policy to the facts of an individual case. The decisions are binding on the parties to the case, but do not apply new or alternative interpretations of law or policy. However, USCIS occasionally “adopts” an AAO non-precedent decision as binding policy guidance for agency personnel. These decisions are available at Adopted AAO Decisions. For AAO precedent decisions, which may announce new legal interpretations or agency policy, visit the website of the Department of Justice’s Executive Office for Immigration Review.
Published November 19, 2014 by Yuri Starikov
New York Supreme Court in Brooklyn considered the legality of practice by NYC Department of Corrections continued detention of defendants – based on a civil immigration detainer – notwithstanding the fact that defendant could be released for criminal charges. People Ex Rel. Swenson v. Ponte, 2014 NY Slip Op 24304 (Oct. 15, 2014). Interpreting law (8 U.S.C. § 1357(d)) and regulation (8 C.F.R. § 287.7) governing the use of immigration detainers, the Court concluded that the local law enforcement agency is not required to detain anyone. Court cited NYC Administrative Code § 9-131 (“The department shall not honor a civil immigration detainer by: holding an individual beyond the time when such individual would otherwise be released from the department’s custody, except for such reasonable time as is necessary to conduct the search specified in paragraph two . . .”). Acknowledging that NYC Administrative Code can give way (be preempted) by State and Federal laws, the Court went further to the Supreme Law of the Land. Citing Fourth Amendment, Court began looking for probable cause. Court found no probable cause to exist because (1) Department of Homeland Security (DHS) removal order; (2) DHS’ reason to believe that a person is subject to removal;…
Published October 31, 2014 by Yuri Starikov
Undocumented immigrant children from Guatemala, El Salvador, Honduras, and other places should strive to make New York City as a place of their final destination. New York City Council, Robin Hood Foundation, and New York Community Trust put $1.9 million to help kids with legal representation before United States Citizenship and Immigration Services. The money contributed to THE SAFE PASSAGE PROJECT, which provides attorneys to help immigrant youth secure protection and relief from removal. Safe Passage attorney’s help kids with special immigration juvenile status application, asylum, U- and T-visas and even family matters.
Published September 27, 2013 by Yuri Starikov
Children born to parents that are not married is the ever increasing modern phenomena in our industrialized world. Many societies are changing their views and disfavor discrimination among children born to single parents and children born to married parents. This reflects a proposition that a child should not be responsible for the deeds (or misdeeds) of its parents. In the immigration context, such change can result in the U.S. citizenship applicability for children born to a single parent outside of the United States, if one of the parents is the United States citizen. In Saldana v. Holder, Fifth Circuit elaborated on U.S. citizenship applicability for children born outside of the United States, to a single parent, where one parent was the U.S. citizen. To acquire citizenship under such circumstances, a child must show two things: That the child was “legitimated” before the age of 21 under the laws of the locality where the child resided or was domiciled, and before the child’s birth, child’s parent – one holding the U.S. citizenship – had ten years of residence in the U.S., at least five of which were after the age of 14. Residency requirement under part two (2) is shown through…
Read More U.S. Citizenship For Children from U.S. Single Parent born outside of the U.S.