US Immigration Rules and Recent Legislative Changes: Lawyer Answers ForumDaily Readers Questions

US immigration policy has been undergoing significant changes recently. Everything happens so quickly that not everyone has time to keep track of the change of rules and understand the essence of innovations. Moreover, independent acquaintance with the innovations is often not enough to fully understand the process of submitting documents, collect the necessary data package, prepare for an interview or court hearing. And understanding the essence of immigration law is a key attribute of successful immigration and the organization of life in the United States.

Photo: islawfirm.com

An experienced immigration lawyer, Ismail Shakhtakhtinsky, at the request of ForumDaily, answered questions from our readers regarding immigration to the United States. Shakhtakhtinsky leads a multilingual team of professional lawyers. Him law firm structured in such a way as to provide high-quality services with an individual approach to the specific needs of each client, and at the most reasonable price.

Question: Hello! I was selected in the DV 2020 green card with the serial number 52 466. Please tell me, what are my chances to get among the lucky ones?

Ismail Shakhtakhtinsky: Not bad. Each year, about 55 000 immigrant visas are issued under this program.

Question: Hello! Our daughter, being a US citizen, has filed for family reunion. The petition is approved and sent to the visa center. Please tell me, in connection with the latest changes in US immigration policy, which documents should we prepare and translate for us, parents, citizens of Ukraine, and which should be notarized?

Ismail Shakhtakhtinsky: There were no changes to this process. The documents are the same as they have always been in this process. NVC will send you an exact list of documents by e-mail, and you need to navigate this list.

Question: Hello! A husband and daughter with green cards live in America. My wife and son are in Estonia. The husband filed a petition in July 2017 against his wife and son. On August 5, 2019, USCIS sent approval for this case and said that the case was sent to NVC. Today, October 15, they did not receive any letters from NVC. Is this normal or too long? Tried to contact by phone, they didn’t even turn on the standby mode. They say the line is overloaded and ask you to call later. Sent an e-mail on September 18. Still no answer. The office is closed to visitors, you cannot come there. How do you know if the case may not be there? It happens? Maybe USCIS didn't actually send their case? The visa must already be current, according to the visa bulletin.

Ismail Shakhtakhtinsky: NVC should have sent an e-mail with instructions. It is necessary to write further in NVC and it is advisable to hire a lawyer who can do inquiry through liaison and continue to do this. There are no other methods. We must write and continue to ask.

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Question: Hello! I am in the USA illegally 2,5 of the year. Drove through a tourist visa. In addition to marriage, what opportunity do I have to legalize? Thank!

Ismail Shakhtakhtinsky: If there is no status, it is possible to replace the status within the country only through marriage, asylum, U visa, VAWA or Cancellation of Removal.

Question: Domestic violence remains as a point in applying for political asylum?

Ismail Shakhtakhtinsky: Yes! The Trump administration wanted to cancel, but the court did not allow. Asylum based on domestic violence can still be obtained, as the case may be.

Question: I received asylum in Germany, I want to go live and work in the USA. There are no Russian documents. What to do?

Ismail Shakhtakhtinsky: There are different methods of immigration to the USA. All of these methods are available to you, like everyone else. The fact that you have been granted asylum in Germany does not change anything, except that you will not be given asylum here, since you already have it there.

Question: Good afternoon! I have a question regarding administrative verification. When interviewing for a CR-1 visa, the embassy first approved it, but after a while, they called and said that the case was sent for administrative verification. More than 2 months have passed, but the case website is still under review. Tell me, please, how long can an administrative check last, and can a visa denial follow after it? Thank you in advance for your response.

Ismail Shakhtakhtinsky: Unfortunately, this can take a very long time. It is necessary to write an e-mail to the consulate and insist. You can also file a Mandamus Action with a federal court in the United States, but a petitioner in the United States should do this. This is done at least 6 months after the start of the administrative check.

Question: Good health! 3 filed for asylum a year ago, waiting for an interview. Expires in 3 days the validity of the work permit and driver's license, respectively. Expired Russian passport. How to proceed? I applied for an extension of my work permit 3 a month ago and sent a notice of acceptance of a work permit application to DMV with a request for an extension of my rights, but was refused due to the expiration of my work permit. How to be, are they right?

Ismail Shakhtakhtinsky: Wrong. Applying for an extension of a work permit in the same category (ie, “Waiting for Asylum”) automatically renews your work permit, and upon notification of acceptance of the application, they should renew your rights. Of course, some DMV employees do not know about these rules and have to explain them. Also often this question is solved if you just go to another DMV.

Question: My mother received a green card upon reunification three years ago, I signed an affidavit. Recently she was admitted to the hospital due to an emergency. The bill is $20 thousand. The hospital (non-state) sent us a form asking us to agree to issue a bill to MedicAid. Should I sign and give all the data (they ask for SSN, a copy of the green card, passport, etc.)? What should I do? And how will this affect her future citizenship?

Ismail Shakhtakhtinsky: Emergency Medicaid is still permitted. You can serve. There will be no problems in obtaining citizenship. Recently they wanted to change this, but the court canceled it, and it is still possible.

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Question: Is it possible to remove the conditionality from a green card after a divorce, without abuse, the duration of the marriage is a little more than 2 years. For some reason, lawyers say: only if there was violence, but on the forums they say that hundreds of women did this and received 10-year green cards.

Ismail Shakhtakhtinsky: Certainly. If there was a divorce while on a conditional green card, all you need to do is file without your spouse, but with sufficient evidence of the validity of the marriage. Divorce during a conditional green card creates a presumption that the marriage may have been a sham. But you can overcome this presumption with strong evidence and proof that the marriage is real. I advise you to work with a lawyer and not collect rumors about the trial from the Internet.

Question: Hello! I have come to apply for an extension of a work permit. But a few days later I have a hearing in an immigration court about political asylum. If the court approves political asylum, do I need to renew my work permit? Thank!

Ismail Shakhtakhtinsky: Not necessary. Asylum status itself gives you permission to work. Of course, you can, if you wish, but there is no need.

Question: Hello, dear Ismail! Since 27 of May 2012 of the year I have a green card (reunion of my wife and sister), on February 16 of 2018 of the year I submitted N-400 to receive US citizenship, on February 20 of 2019 I passed all the tests for the interview, except for “understanding English”. I asked the interviewer a woman to better recognize her pronunciation at higher frequencies, the request was granted. On May 20 passed the “understanding” and, based on the results of the interview, it was recommended to wait for a decision in my case (Receipt number IEO9026650821) in writing. As of 20 on September, no decision was received.

About myself: born in 1954, place of birth - Baku, graduated from a military school and military academy, served in the air defense forces in the Soviet/Russian Army for 21 years and 3 years in the Armed Forces of the Republic of Azerbaijan, was a member of the CPSU. Emigrated to the USA from the Russian Federation (Kazan).

During the interview, questions about the terms of membership in the CPSU, service in the Russian Army and in Azerbaijan were clarified, I indicated this in N-400, perhaps not quite accurately, the interviewer asked me to write the terms by hand and sign this sheet. In N-400 I forgot to indicate that I participated in training with weapons (it seemed to me for granted during military service), but in an interview I said that I participated. Perhaps the above nuances of the interview, my biography, the existing tension due to the interference of the Russian Federation in the US elections and the tightening of requirements for migrants became the reason for the failure to make a decision in my case, but I also did not receive a refusal in my case. In my online case, I also do not see any changes, they stopped informing me that a decision on my case has not yet been made.

Given the fact that on 20 September the four-month period for considering my case after the interview ended, I ask your advice on my further actions for obtaining US citizenship. Will there be problems if I leave for Russia for 2 weeks without a decision on my case?

Ismail Shakhtakhtinsky: Unfortunately, today the processes after the interview, like many other immigration processes, are often delayed, and many cases are resolved more than 6 months later. There is also a long wait for the naturalization ceremony. In any case, I advise you to call, go to your local office and write inquiries. I see no problems with the CPSU and the army. With a trip while waiting, there is also no problem.

Question: Good afternoon! My wife and I received US immigrant visas that expire at the end of March 2020. The consular department, along with the documents, gave us a memo in which the following is written: “The term of your immigration visa is the period of time during which you have the right to enter the United States for the first time... An immigration visa to the United States gives you the right to in' Traveling to the United States is one day from the date of your first entry to the United States (after you revoke your status as a permanent resident until you withdraw your I-551 permanent resident card). Do I understand correctly that if my wife and I enter the USA before the end of March 2020 (before the Expiration Date expires), and leave for example in 3-4 weeks (during this time we want to get an SSN, a driver’s license, open a bank account ), without receiving a green card in these 3-4 weeks, will we be able to re-enter the United States within a year, and after that receive green cards and permanently reside in the United States? And our absence (from six months to a year) after the first entry into the United States will not negatively affect the receipt of green cards and naturalization in the future? During this time, we want to better prepare for moving to the USA, sell our property, and exit the business with minimal losses. Thank you in advance for your response.

Ismail Shakhtakhtinsky: There are several questions here. First, you can enter the United States at any time before your visas expire, i.e. until the end of March, as you wrote. The moment you enter the United States, you immediately become a permanent resident, and these visas themselves in your passports turn into a certificate of permanent residence for a year, that is, within a year they replace the green card itself.

Second: when you enter the United States, you will need to specify the address where you want your green cards to be sent. And if you will not stay here for a long time, it is advisable to indicate such an address where your cards can be received and then sent to you by mail. There is a good chance that during these 2-3 weeks, while you are here, you can get them. Must pay in advance online Immigrant feeif you have not already done so. This is for them to print and send you green cards. This is in addition to all the fees you paid before the interview at the consulate.

Third question: what happens if you stay outside the United States for more than 6 months? The answer depends on why you will remain outside the United States, and what ties you have already established with the United States. If, for example, you have been absent for 8 months, because you had to complete things there and, as you wrote, you have already opened accounts in the USA, got rights, got SSN and found where you will live, then I don’t think what will be some problems. You just need to carry these documents with you and answer a few questions when returning. But, of course, it is advisable not to be absent for more than 180 days. But this will not affect citizenship if, again, you establish close ties with the United States and then file a tax report as residents for each year, starting from 2020, i.e. from the year you became a permanent resident. Well, if you are going to be absent for more than a year or often be absent, then it is advisable to get Re-Entry Permit, which gives you permission for 2 of the year if necessary. You can read more about all this on our website. Online.

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Question: There was information in the press that it would not be possible to apply for political asylum while in the USA from December 2018, and then people began to write that they still file an application while in the country. My question is: can or cannot you now apply for political asylum while in the country for a year, as it was before?

Ismail Shakhtakhtinsky: Yes you can. This has never changed. Some rules for consideration have changed, for example, if you arrived through a 3rd country (i.e. not transiting at the airport, but were in that country), you may be refused if there are no convincing reasons why you did not apply there. Everything else is unchanged. Many rumors arise due to misunderstanding of all the news about the changes or simply about the statements of the Trump administration.

Question: Is it really now primarily those who later apply for asylum that are called for interviews in order to quickly make a decision and deport or give a status / work permit?

Ismail Shakhtakhtinsky: They tried to do so, and for some time from 2018 until the beginning of this year they were able to quickly schedule interviews for new applicants. However, this process was eventually delayed, and many cases now fall into the long queue. They tried to speed up the consideration of new applications in order to prevent the flow of applications from those who did not have a basis for asylum, but, taking advantage of the chaos, they simply wanted to stay here and get permission to work while they were waiting for a decision on the case. At first it worked, but then again failed, and many still fall into the long line of waiting for an interview.

Question: Now they write that if you fly through another country and do not apply for political asylum there, then in America in this case it is also impossible to apply. Is it so? And if so, how will this be physically implemented? A person has already flown into the country, for example, is served at the border, and they say to him: “Have you been to Finland? Was, didn’t go there, so go back. ”Is that so?

Ismail Shakhtakhtinsky: Yes, that’s what the Supreme Court allowed last month. The logic of the administration in this new rule is that the asylum is not granted because the applicant chose to live in the United States or wants to work and raise children here, but only because he / she has nowhere else to go and nowhere to live in safety. Asylum is not granted even for humanitarian reasons, but on the basis of a convention, which includes the United States. And if the applicant had a clear chance to apply for asylum and stay in another safe country, then there is no reason why he did not go there and did not stay. This logic makes sense. But its implementation is very problematic and results in the refusal to some persons who deserve asylum on the basis of the convention and cannot return to that third country, even if they did not unjustifiably apply for asylum there. I think the next administration will immediately cancel this rule.

Get a consultation Ismail Shakhtakhtinsky or his team of lawyers can:

• by the address: IS Law Firm, PLLC 3930 Walnut St #200 Fairfax, VA 22030;
• by phone: (703) 527-1779;
• by e-mail: [email protected].

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