Alena Shautsova’s Answers

Alena Shautsova

Brooklyn Immigration Attorney.

Contributor Level 20
  1. 1 student who have been in the US for 12 years . Can I stay in the US ?

    Answered over 1 year ago.

    1. Alena Shautsova
    2. Haroen Calehr
    3. Pradeek Susheelan
    3 lawyer answers

    While I cannot give you an answer as to why they would not hire you, you need to consult with an attorney in person. You may check out DACA retirements at the USCIS website. You need to show continuance presence and be in the US at the time of application. DACA is also for those who do not have a legal status.

    4 lawyers agreed with this answer

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  2. Can my spouse wait for her immigrant visa number outside US if we filed a petition inside US?

    Answered almost 2 years ago.

    1. Alena Shautsova
    2. Christian Schmidt
    2 lawyer answers

    It all depends on how soon you can become a US citizen. Yes, if your spouse does not want to accumulate any unlawful presence time, then she should depart the US and wait outside of the country. At the same time, you should be aware that once you are a US citizen, even if your spouse will be "out of status" for some time, she will still be able to receive a green card.

    5 lawyers agreed with this answer

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  3. N400 denied because of bad moral characteristic. When should I re-apply for naturalization? I am married to a US Citizen

    Answered almost 2 years ago.

    1. Alena Shautsova
    2. Tripti Sharad Sharma
    3. Pius Joseph
    3 lawyer answers

    You need to wait for 5 years from the date you serve your sentence. Then, you can re-apply, Hire an attorney to advise you how to build a record of rehabilitation.

    7 lawyers agreed with this answer

    9 people marked this answer as helpful

  4. Immigration custom enforcement question.if arrested by immigration custom inforcement

    Answered almost 2 years ago.

    1. Alena Shautsova
    2. Kristina A. Gasson
    3. F. J. Capriotti III
    4. Daniel Warren Thomann
    5. Chad Michael Brandt
    5 lawyer answers

    You need to take certificate of disposition and minutes of guilty plea and consult with an Immigration attorney. Do not leave the country without the consultation. You can choose and attorney and make an arrangement with him/her as to your payments if you need it (like an escrow account).

    7 lawyers agreed with this answer

    9 people marked this answer as helpful

  5. My husband had his interview in riyadh, i live in Texas, we are first cousins, marriege certifacete from india ,is that legal?

    Answered almost 2 years ago.

    1. Alena Shautsova
    2. Gen Kimura
    3. Thomas Esparza Jr.
    4. Samuel Patrick Ouya Maina
    4 lawyer answers

    1. I am sorry but I don't think you can get help on this forum. If the case is in consular proceedings, they might have referred it for administrative processing. That's all I can tell you. You may hire an attorney to contact the consulate and find out more.

    7 lawyers agreed with this answer

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  6. Mother of my husband's friend has won a green card in Diversity Visa Lottery, but all docs were either lost, either the agency

    Answered almost 2 years ago.

    1. Alena Shautsova
    2. Jayson Lutzky
    3. Samuel Patrick Ouya Maina
    3 lawyer answers

    It's a tough situation. If the deadline to apply for green card has passed, usually nothing can be done. But if not, she should try to submit a FOIA request, I would say, explaining the urgency.

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  7. How long after receive I-751 receipt notice, will I receive a mail to capture my fingerprint?

    Answered over 1 year ago.

    1. Alexander Joseph Segal
    2. Richard Bennett Bracken
    3. Alena Shautsova
    4. Samuel Patrick Ouya Maina
    5. Stephen D. Berman
    6. ···
    6 lawyer answers

    You should be ok, as long as you have the receipt.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Planning to file n-400 for citizenship and i have a question about an arrest that happened 14 years ago.

    Answered over 1 year ago.

    1. Alena Shautsova
    2. Matthew L. Kolken
    3. Alexander Joseph Segal
    4. Kara Lien Roberts
    5. Dean P Murray
    6. ···
    6 lawyer answers

    If it was a single incident, 14 years ago, you should be fine. Submit the originals of dispositions, and take another set of originals with you to the interview. Consulting with an attorney prior to submission might be a good idea. Don't forget to attach records of your rehabilitation, or all the good you did since the arrest. Good luck!

    6 lawyers agreed with this answer

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  9. Does getting married to a green card holder expedite my own application ?

    Answered over 1 year ago.

    1. Carl Michael Shusterman
    2. Alena Shautsova
    3. Samuel Patrick Ouya Maina
    3 lawyer answers

    Your fiance can petition for you once she become a US citizen. The process is faster and can waive some otherwise applicable bars (work without authorization, lapses in status).

    4 lawyers agreed with this answer

    11 people marked this answer as helpful

  10. Spouse of USC petitioner filing I-130&I-485. Husband has been unemployed since 2011. Is it enough to have I-864 co-sponsor?

    Answered over 1 year ago.

    1. Alena Shautsova
    2. Giacomo Jacques Behar
    3. J Charles Ferrari
    4. Geoffrey Alan Hoffman
    4 lawyer answers

    Yes, only I usually submit an affidavit, not just a letter: an affidavit is a sworn statement.

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    11 people marked this answer as helpful

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