Marina Shepelsky

Five Common Immigration Scams Immigrants Fall Victim To and How to Protect Yourself

Scammers often target immigrants, taking advantage of fear, language barriers, and the complexity of U.S. immigration law. Every year, thousands of people lose money, legal status, and even their chance to remain in the United States because they trusted the wrong person. Below are five of the most common immigration scams, along with real-world examples that have appeared repeatedly in the media.

1. Fake Immigration Lawyers and “Notarios”
One of the most harmful scams involves individuals posing as immigration attorneys or “notarios.” In many reported cases across major U.S. cities, non-lawyers opened offices offering green cards, asylum, or work permits. Victims paid thousands of dollars, received fake receipt notices, and heard that their cases remained pending for years. Some later discovered that no one ever filed their applications, while others ended up in removal proceedings after scammers submitted incorrect paperwork.

2. USCIS Fee Scams and Fake Payment Requests to Immigrants
Scammers frequently contact immigrants, pretend to represent USCIS, and demand immediate payment to avoid denial or deportation. Media reports describe victims receiving emails and text messages using official-looking logos, real USCIS addresses, and correct fee amounts. Scammers instructed many victims to pay using gift cards, wire transfers, or online payment apps because these methods allow them to collect money quickly and avoid detection or refunds. The government does not use those methods.

3. “Guaranteed” Green Card or Visa Lottery Scams
Promises of guaranteed green cards or special visa programs are another widespread scam. Investigative reporting has exposed companies advertising “fast-track” immigration programs on social media and messaging apps. These scams often target vulnerable immigrant communities and charge large upfront fees. Victims later learn that the programs never existed or that they were never eligible in the first place.

4. Calls or Emails to Immigrants Pretending to Be ICE or USCIS
Scammers often impersonate ICE or USCIS officers and threaten arrest or deportation. In widely covered cases, immigrants received calls claiming ICE had issued a warrant, and received a demand for payment to “fix” the problem. Some scammers even spoof government phone numbers or send emails with official seals to create panic and force quick payment.

5. Fake Job Offers Promising Immigrants Visas or Work Authorization
Employment-based immigration scams are increasingly common. Media outlets have reported on fake companies offering sponsorship for H-1B, EB-3, or other work visas. Scammers asked victims to pay placement fees and gave them fake job contracts. No legitimate employer existed, and no one filed any petition with USCIS.

How to Find a Legitimate Immigration Attorney
To avoid scams, immigrants should take the following steps when choosing legal help:

Verify that the attorney holds an active license and remains in good standing with a U.S. state bar.
Confirm that the person is an attorney, not a “notario” or consultant.
Ask for a written retainer agreement clearly explaining services and fees.
Never trust guarantees! No attorney can promise a specific immigration outcome.
Be cautious of anyone who pressures you to pay immediately or only accepts cash or gift cards.
Legitimate lawyers will not call you and pressure you to sign up, coercing you to send money before a contract.
Ensure you receive copies of everything filed on your behalf and real USCIS receipt notices.
A legitimate U.S. immigration attorney will provide a detailed retainer (contract for legal services) and explain what it requires of you and of them.
A legitimate immigration attorney will explain your options honestly, answer your questions, and never rush or intimidate you.
Trustworthy Legal Help for Immigrants
Shepelsky Law Group can help if you or someone you care about has dealt with an immigration scam or needs reliable legal guidance.

With over 23 years of trusted experience in immigration law, Shepelsky Law Group has helped thousands of immigrants protect their rights, avoid costly mistakes, and pursue lawful status in the United States.

Call us today to schedule a confidential consultation and get answers you can trust.

Learn how to spot red flags and protect yourself from an immigration scam, especially during the holidays, here.

2 weeks ago | [YT] | 1

Marina Shepelsky

New USCIS Biometrics Policy for Immigrants in Detention Explained

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to clarify when biometrics will be collected for people in detention. USCIS biometric policy for detainees impacts many cases. This policy impacts individuals who filed USCIS applications either before being detained by ICE or during their detention.

The update is designed to “deter frivolous claims” and provide consistency, but it also raises confusion and real risks for detained immigrants with pending cases. Here, we’ll break down what the USCIS biometric policy for detainees means for detained immigrants and their families. Detained immigrants must understand USCIS biometric policy.

When Will USCIS Collect Biometrics for Detained Immigrants?
The USCIS biometric policy for detainees limits options for some applicants. Under the new guidance, DHS generally will no longer take biometrics (fingerprints, photos, and signatures) from detained immigrants unless they meet the following criteria:

The person is in removal proceedings, and
The person has a pending application or petition filed with the Executive Office for Immigration Review (EOIR), not USCIS.
In simpler terms, if someone is detained and their case is before an immigration court (EOIR) with a pending application, biometrics may still be taken as part of that court-based process.

What Happens If an Immigrant Has a Pending USCIS Application While Detained?
USCIS has made it clear: they will not approve special requests to collect biometrics for detainees who:

Are detained in any jail, prison, ICE facility, or similar detention center, and
Have a pending immigration petition or application with USCIS (for example, I-130, I-485, I-589, I-765, I-131, waiver, or other benefit requests filed directly with USCIS).
This means that if a person is incarcerated and only has a USCIS benefit pending (and not an EOIR application), USCIS will not send officers to the detention facility to collect biometrics, even if requested by family members or an attorney.

This change in the USCIS biometric policy for detainees creates new challenges.

USCIS Ends an Unofficial Agreement with ICE
The new guidance removes previous language suggesting an informal, internal agreement between USCIS and ICE for collecting biometrics of detainees with pending USCIS cases. USCIS now states clearly:

There is no controlling intra-departmental agreement requiring the collection of biometrics for detainees with pending USCIS benefit requests.
This update means that USCIS is no longer obligated to coordinate with ICE for biometric collection within detention centers.

Key Risk of “Abandonment” of USCIS Applications for Detained Immigrants
USCIS continues to deny immigration benefit requests as “abandoned” when an applicant misses their Application Support Center (ASC) biometrics appointment. This poses a significant risk for detained immigrants.

If someone is detained and cannot attend their scheduled ASC appointment, USCIS will usually:

Treat the missed biometrics appointment as a failure to appear, and
Deny the underlying application as abandoned.
USCIS is not promising to reschedule biometrics or send officers to the facility. They do not automatically excuse the absence due to the individual’s detention status.

How This Policy Affects Immigration Cases
For detained immigrants with pending USCIS applications, this policy can lead to:

Inability to file USCIS applications requiring biometrics (e.g., I-360 VAWA or I-485 green card application), as they may be denied for abandonment.
Denial of family-based or humanitarian applications due to “abandonment.”
Loss of filing fees and time.
Additional hurdles to refiling or reopening cases.
Complicated interactions between immigration court cases and USCIS filings.
What Families and Attorneys Should Do About USCIS Biometric Policy for Detainees
Families and attorneys now need to think strategically:

Is it better to move relief into immigration court if the person is detained?
Can a request for release or bond be made before the biometrics appointment date?
Should new applications be filed after release, rather than risking abandonment while detained?
Every case is different, and timing is critical.

If your loved one is detained and has a pending USCIS case or upcoming biometrics appointment, get individualized legal advice as soon as possible.

For a confidential consultation with Shepelsky Law Group about detained family members, biometrics issues, and abandoned cases, call us at Tel: 718-769-6352 or schedule your paid consultation directly at Shepelsky Law Group Booking.

2 weeks ago | [YT] | 0

Marina Shepelsky

HOW DACA HOLDER MAY GET A GREEN CARD IN THE US.

The DACA (Deferred Action for Childhood Arrivals) program, which has provided temporary relief to thousands of undocumented immigrants who arrived in the U.S. as children, is facing significant problems.

Amid ongoing legal battles, the U.S. government has suspended the acceptance of new DACA applications, leaving many potential applicants in uncertainty. This decision, along with the uncertainty surrounding the future of DACA, has raised concerns among current recipients and their families, who fear for their legal status, work authorization, and ability to stay in the country. With the future of DACA in the balance, many are left wondering what their options are for legalizing their status in the U.S. going forward.

While DACA does not provide a direct path to permanent residency (green card), there are several ways for DACA recipients to potentially transition to a green card. If you have DACA status and want to explore your options, here are some potential pathways:

1. Marriage to a U.S. Citizen or Legal Permanent Resident

Spouse of a U.S. Citizen: If you marry a U.S. citizen, you may be eligible to apply for a green card (permanent residency). However, if you entered the U.S. unlawfully, you will likely need to apply for a waiver of unlawful presence (I-601A) and may need to leave the U.S. to process the green card at a U.S. consulate in your home country.
Spouse of a Legal Permanent Resident: If you marry a legal permanent resident (green card holder), you can apply for a green card, but the process may take longer, and you may be subject to wait times due to visa availability.
However, if you entered the U.S. initially without a visa, you may have to travel with your Advance Parole travel document and get “legal entry” upon return first, prior to filing as a spouse of either a US citizen or a green card holder.
2. U Visa for Victims of Crimes

If you have been a victim of certain crimes (such as domestic violence, human trafficking, or other qualifying crimes), and you have been helpful to law enforcement in the investigation or prosecution of those crimes, you may be eligible for a U visa. This can lead to legal status and, eventually, a green card.
3. VAWA.

If you are a DACA holder and have been a victim of domestic abuse (physical, mental, verbal or financial) in a marriage to a US Citizen or GC holder, or if your US citizen parent or Step-parent abused you, you may be eligible for certain forms of relief through VAWA (Violence Against Women Act)
VAWA allows victims of domestic violence, including men and women, to self-petition for legal status without the abuser’s knowledge or consent. The law provides protection for spouses, children, and parents who have been abused by a U.S. citizen or lawful permanent resident (green card holder).
You do not need the abuser’s cooperation, and you can apply for legal status independently.
Self-Petition: As a DACA holder, you can self-petition for a green card under VAWA, which allows you to seek relief without having to rely on the abusive family member to file a petition for you.
Benefits of VAWA: By filing for VAWA, you may be able to stop deportation proceedings, obtain work authorization, and eventually secure permanent residency. It also allows you to apply for a waiver of inadmissibility if you have been in the U.S. unlawfully, which can be crucial for those who entered the U.S. without legal documentation or overstayed a visa.
4. T-Visa (Victims of Human Trafficking)

What is the T-Visa?

The T-Visa provides relief to individuals who have been trafficked into the U.S. for labor or commercial sexual exploitation. It is specifically for victims of human trafficking and allows them to remain in the U.S. legally while they assist in law enforcement efforts to investigate and prosecute traffickers.
How Can a DACA Holder Use the T-Visa?

Eligibility Requirements: If you are a DACA holder who has been a victim of trafficking, you may be eligible for the T-Visa. To qualify, you must show that:
You were a victim of trafficking, either for labor or sexual exploitation.
You are currently in the U.S. due to trafficking.
You are willing to cooperate with law enforcement in the investigation or prosecution of your traffickers.
Benefits of the T-Visa: The T-Visa provides temporary legal status and work authorization for up to four years. After holding a T-Visa for three years or meeting other requirements, you may be eligible to apply for a green card (permanent residency).
Derivatives: If you are granted a T-Visa, you may also be able to petition for your immediate family members (spouse, children, or parents) to receive T-Visa status as derivatives.
Steps to Apply for a T-Visa:

Form I-914: You will need to file Form I-914, the Application for T Nonimmigrant Status. You must prove you were trafficked and demonstrate your cooperation with law enforcement.
Proof of Trafficking: Evidence such as testimony, police reports, or affidavits from your attorney or other experts showing you were trafficked will be essential.
Work Authorization: Once your application is approved, you will be granted work authorization while you await permanent residency.
5. Special Immigrant Juvenile Status (SIJS)

If you are under 21 and have been in the U.S. without the protection of a parent, you may be eligible for SIJS. This status applies to minors who have been abused, neglected, or abandoned by a parent.
6. Asylum

You may apply for asylum if you fear returning to your home country due to persecution. Additionally, you can apply for asylum if there have been changes in your home country that increase your fear of persecution, such as political upheaval, war, or other significant events. If granted, you could eventually apply for a green card.
7. Waivers for Unlawful Presence

If you have accrued unlawful presence in the U.S., you may need to apply for a waiver [using the qualifying US citizen or GC holder relatives and their hardship in the event you will be deported) to overcome certain bars to reentry. This is often required when applying for a green card or other forms of legal immigration status.
Conclusion

With the future of DACA uncertain, it’s important for DACA holders to understand their options for transitioning to a more permanent status in the U.S.

Whether through marriage, abuse and exploitation, a U visa, asylum, or other forms of relief, there are pathways to legalize your status. However, immigration law is complex, and it’s crucial to work with an experienced immigration attorney to navigate the process. Call Shepelsky Law Group today to start your own legalizing journey at Tel: (718)769-6352

3 weeks ago | [YT] | 0

Marina Shepelsky

USCIS Expands Social Media Screening: What Immigrants Need to Know

At Shepelsky Law Group, we make it our mission to help immigrants stay informed about policy changes that can affect their cases. Recently, U.S. Citizenship and Immigration Services (USCIS) confirmed that it is expanding its use of social media screening for immigration applicants.

What’s Happening
According to recent public statements from USCIS leadership, the agency will now use social media monitoring to identify posts that may indicate “anti-American” sentiment or potential security risks. The government says this review will not target political opinions or free speech but will focus on detecting content related to violence or terrorism.

USCIS clarified that social media is only one part of the vetting process and not a deciding factor on its own. However, the inclusion of this kind of review signals a broader effort by the agency to incorporate digital behavior into background checks.

What Applicants Should Do
If you’re applying for a green card, asylum, or citizenship, it’s important to be mindful of your online presence. Posts, comments, or interactions that immigration officers could misinterpret may raise unnecessary concerns. This is something to look out for, even if you never intended it that way.

We advise our clients to:

Review all public posts before submitting immigration applications.
Be careful with political or controversial discussions online.
Avoid sharing or reacting to any violent or extremist content.
Keep private accounts secure and avoid letting others post under your name.
Why It Matters
In today’s digital age, immigration screening goes far beyond paperwork. What you post online can become part of your immigration record. Even though USCIS has said free speech will not be punished, the line between “protected opinion” and “concerning content” can sometimes be unclear. That’s why professional legal guidance is essential before filing any immigration paperwork.

Our Take
At Shepelsky Law Group, we believe immigrants deserve transparency and fairness in every step of their case. Social media screening for immigration applicants should never be used to silence political expression or punish lawful residents. If you’re concerned that your online activity might affect your immigration process, we can help you review and prepare your case to ensure your rights are protected.

Need Help Understanding Immigration Policy and Your Rights?
📞 Call Shepelsky Law Group at (718) 769-6352
💻 Visit www.Sheplsky.com

💬 Schedule your consultation today to understand how this new parole fee might impact your immigration journey.

We stand with immigrants and continue our mission to protect your rights and keep families together, even during political uncertainty.

FAQ: Does Immigration Check Social Media?
Does immigration check your social media?
Yes. USCIS and other U.S. immigration agencies may review applicants’ public social media profiles as part of background and security checks.

How does immigration check your social media?
Officers can access the accounts you list on visa or green card forms, and they may review public posts for consistency or possible red flags.

Does immigration check social media for students?
Yes. International students should be especially cautious online. Social media activity that contradicts visa terms can raise red flags. Learn more here: Social Media and Students: Immigration in the U.S.

Why does immigration ask for social media?
The government collects this information to verify identity, prevent fraud, and identify potential security risks.

How does social media affect immigration?
Your posts can support or harm your case depending on accuracy and tone. Conflicting information can delay or deny approval.

Does immigration check social media for marriage cases?
Yes. In marriage-based cases, immigration officers may review couples’ profiles to confirm that the relationship appears genuine.

1 month ago | [YT] | 0

Marina Shepelsky

New DHS Rule Requires Fingerprints and Photos for All Travelers Entering and Leaving the U.S.

The Department of Homeland Security (DHS) has finalized a new immigration rule. It is expanding biometric screening for immigrants and travelers entering and leaving the United States. Under this policy, all foreign nationals will undergo photo, fingerprint, and other data collection when crossing U.S. borders. This applies to both entry and departure.

❗️ The new requirement takes effect on December 26, 2025, and will apply to all airports, seaports, and land crossings. This even applies to those who previously operated only pilot biometric programs.

DHS officials say the biometric screening immigration rule will help identify visa overstays and strengthen border security.

What the Biometric Screening Rule Includes
Under the rule, U.S. Customs and Border Protection (CBP) will have the authority to collect facial images. They will also be able to collect biometric information such as fingerprints. In some limited cases, they will even collect DNA samples.

👉 DHS has also eliminated prior exemptions for children under 14 and elderly travelers over 79. These groups will now also be subject to biometric data collection.

DHS Goals Behind Biometric Immigration Data Collection
According to DHS, the goal of this policy is to strengthen efforts against visa overstays and passport fraud. It fulfills a long-delayed congressional mandate to create a fully automated entry-exit tracking system. Lawmakers first enacted this requirement in 1996, but they never fully implemented it.

✅ The Congressional Research Service estimates that about 42% of the 11 million undocumented immigrants in the U.S. are individuals who overstayed their visas, rather than those who crossed the border illegally.

Expansion of Facial Recognition and Biometric Technology
CBP currently uses facial recognition technology for passengers arriving on international flights, but only in select airports. This new rule aims to expand that system nationwide. The new immigration biometric data collection system will be implemented at all airports, seaports, and land crossings nationwide within the next 3–5 years.

Civil Rights and Privacy Concerns About Biometric Screening
Privacy advocates warn that expanding biometric screening for immigrants could increase risks of data misuse and discrimination.

⚠️ The U.S. Commission on Civil Rights warned in its 2024 report. Facial recognition algorithms produce higher error rates for people of color. Other minority groups are also affected by these higher error rates. Civil rights advocates argue that expanding CBP’s authority is concerning. It could lead to mass data collection and privacy violations. There is also the risk of “digital profiling” based on ethnicity.

DHS Statement on Immigration Control and Border Security
The Trump Administration has described this rule as part of its broader effort to strengthen control over illegal immigration. They assert that a comprehensive biometric system will improve the government’s ability to track border crossings. Additionally, it will help detect visa violations more efficiently.

Need Help With Your Immigration Case?
To legalize in the U.S., call Shepelsky Law Group Tel: (718)769-6352. Your future in the U.S. matters to us!

Frequently Asked Questions (FAQ)
1. What is the new DHS biometric screening immigration rule?
The new DHS biometric screening immigration rule requires all travelers, including visa holders and permanent residents, to provide fingerprints, photos, and other biometric data when entering or leaving the United States.

2. Who will be affected by biometric screening immigration checks?
All foreign nationals, including children and elderly travelers, will be subject to biometric screening immigration procedures at airports, seaports, and land borders starting in December 2025.

3. Why did DHS expand biometric screening for immigrants and travelers?
DHS expanded biometric screening immigration measures to help prevent visa overstays, strengthen border security, and create a complete entry-exit tracking system for all travelers.

4. How does biometric screening immigration data impact privacy?
Biometric screening immigration data raises privacy concerns because it involves facial recognition and fingerprint collection. Civil rights groups warn it could lead to data misuse or profiling if not properly regulated.

1 month ago | [YT] | 0

Marina Shepelsky

Why Skilled Workers Are Leaving the U.S. for Better Immigration Options

The United States has long been seen as the land of opportunity. But in 2025, many skilled workers, entrepreneurs, and families are rethinking that dream. The U.S. immigration system is complicated, slow, and expensive. For many, it’s no longer the easiest door to open. While reform efforts continue, other countries are moving faster. They are simplifying skilled immigration and making it easier for those leaving the US. Let’s take a look at who’s leading the way.

Many countries like Canada, Germany, and Spain are modernizing immigration systems while the U.S. still struggles with complexity and delays.

Canada 🇨🇦
Canada continues to shine with its transparent and points-based Express Entry system. In 2024, it launched a Tech Talent Strategy that lets even U.S. H-1B visa holders apply for open work permits. Add to that the streamlined Start-up Visa and family-friendly permanent residency options, and it’s easy to see why professionals are flocking north.

Germany 🇩🇪
Germany’s Skilled Immigration Act of 2024 brought the new Chancenkarte (Opportunity Card). This is a points-based visa that lets qualified applicants live in Germany for up to a year while job-hunting. It’s a breakthrough approach: no sponsorship needed, just points for skills, education, and language.

Spain 🇪🇸
Spain modernized its system with the Digital Nomad Visa and new startup-friendly laws. Applicants can now live and work remotely from Spain while enjoying a simple application process and lower tax burdens for entrepreneurs.

Singapore 🇸🇬
Singapore’s ONE Pass allows top global professionals to live and work for five years without tying them to a single employer. It’s flexible, efficient, and family-inclusive—spouses can also work.

United Arab Emirates 🇦🇪
The UAE has made its Golden Visa one of the most straightforward long-term residencies in the world. With options for investors, professionals, and even students, the 10-year permit gives stability in a region known for opportunity and innovation.

Saudi Arabia 🇸🇦
Saudi Arabia’s new Premium Residency (Green Card) allows qualified foreigners to live, work, and invest without needing a local sponsor—a dramatic shift from traditional Gulf models.

New Zealand 🇳🇿
New Zealand’s Accredited Employer Work Visa simplified hiring and visa issuance with clear online procedures and public processing timelines. It’s now one of the world’s most efficient systems for skilled workers.

Japan 🇯🇵
Japan introduced a Digital Nomad Visa in 2024, making it easier for remote workers to stay for up to six months while enjoying Japan’s tech-forward infrastructure. Combined with eVisa systems, immigration there is faster and more digital than ever.

Portugal 🇵🇹
Portugal’s D8 Remote Work Visa has become a favorite for freelancers and digital nomads. The income requirement is clear, processing is predictable, and you get Schengen travel access.

What the U.S. Can Learn from Modern Skilled Worker Immigration Models
While America still attracts top talent, the bureaucracy and backlogs make life uncertain for immigrants. Other nations are now using immigration as a competitive advantage. They are streamlining digital systems, clarifying rules, and respecting applicants’ time.

As an immigration attorney, I believe the U.S. can and should learn from these models. A simpler, faster, and fairer process would help America keep its global edge. It would also keep the dream alive for millions who still hope to call this country home.

Thinking About Leaving the U.S. for Better Immigration Options? 🌍✈️
If you’re considering relocating from the U.S. due to green card delays, H-1B visa limits, or immigration uncertainty, you’re not alone. We can help you weigh your options, whether you’re pursuing skilled worker immigration abroad or seeking solutions within the U.S.

Contact Shepelsky Law Group 📞💼
📞 718-769-6352
💻 www.ShepelskyLaw.com
📧 info@shepelskylaw.com

We help immigrants navigate U.S. immigration law and stay informed about global trends shaping the future of immigration.

1 month ago | [YT] | 0

Marina Shepelsky

Green Card Trouble? What You Need to Know About Admission and Lawful Status

Hi, I’m Marina Shepelsky, an immigration lawyer. Let’s talk about two terms that confuse almost everyone — proof of lawful admission and lawful nonimmigrant status — and what the new rule from November 3, 2025 really means.

What Does “Admission” Mean?
“Admission” means you were let into the U.S. legally, and were inspected and admitted by a U.S. official. Examples are a visa entry through the airport where your passport gets stamped, or entry with Humanitarian Parole, or being approved for Asylum.

A border officer or airport officer looked at your passport and visa, asked you some questions, and said you could come in. That’s it — you were officially admitted.

If you crossed the border secretly or came without seeing an officer, that’s not admission.

What Is “Lawful Nonimmigrant Status”?
Once you are admitted, the U.S. gives you a temporary status — that’s your visa type. It says why you’re here and for how long.

Examples:

A student on an F-1 visa
A visitor on a B-2 visa
A worker on an H-1B visa

If you follow the rules of that visa — like not staying too long or working without permission — you are in lawful status.

Why Lawful Admission and Immigration Status Matter for Green Cards
To apply for a green card inside the U.S. (that’s called adjustment of status), most people must show two things:

They were admitted (entered legally).

They are in lawful status (didn’t break the visa rules).

If you entered without admission or lost your lawful status, your green card case can get tricky.

The USCIS Rule Change on November 3, 2025
On November 3, 2025, USCIS (the immigration agency) made a new rule. The USCIS Policy Manual change can be found here.
They said that getting a special visa later does NOT count as being “admitted.”

This means:

If you came without inspection (for example, crossed the border without permission)

And later got a visa like a U visa (for crime victims) or TPS (Temporary Protected Status)

That new visa does not fix the fact that you were never “admitted.” You still can’t apply for a green card through the regular adjustment of status process under section 245(a).

But don’t panic — there are still other ways to apply! For example, U visa holders can use a different rule called 245(m), and some people can do consular processing outside the U.S.

Are You Still in Lawful Status? Key Questions to Ask
If you’re not sure what your situation is, ask yourself:

Did I go through a border or airport inspection when I entered?
What kind of visa did I have?
Am I still following the rules of that visa?
How did I get any new status later on?
These answers will show what path to a green card might work for you.

The Bottom Line
“Admission” = being legally let into the U.S.

“Lawful status” = still following the visa rules

The November 3 change just means that getting a special visa later doesn’t erase an unlawful entry.

If you’re unsure, talk to an immigration lawyer. Call Shepelsky Law Group at (718)769-6352 today! ✨

Frequently Asked Questions
Lawful Admission to the U.S.
Lawful admission means you were inspected and authorized to enter the United States by a U.S. immigration officer, usually at a port of entry. This could be with a valid visa, through parole, or after receiving asylum approval.

Defining Lawful Nonimmigrant Status
Lawful nonimmigrant status means you’re in the U.S. under a specific visa category (like F-1, B-2, H-1B) and are complying with the terms of that visa — including duration, work permissions, and other requirements.

Green Card Eligibility After Entry Without Inspection
If you entered without being inspected or admitted (for example, crossing the border without seeing a U.S. officer), you generally can’t adjust status inside the U.S. under section 245(a). However, some exceptions apply, such as adjustment under section 245(i) or consular processing outside the U.S.

Does TPS Count as Lawful Admission?
No. Under the updated USCIS guidance from November 3, 2025, receiving Temporary Protected Status (TPS) or a U visa does not count as lawful admission for adjustment under section 245(a). However, TPS holders may still be eligible through other pathways.

Admission vs. Inspection in U.S. Immigration
Inspection is the process of being reviewed by a border or airport officer when you try to enter the U.S. Admission is the legal result of that inspection when the officer authorizes your entry. You must be both inspected and admitted to meet most green card eligibility requirements.

Consequences of Losing Lawful Status
Losing lawful status — for example, by overstaying a visa or working without permission — may make you ineligible for adjustment of status. In some cases, it could trigger removal proceedings or require waivers to reapply.

Consular Processing vs. Adjustment of Status
Adjustment of status allows eligible individuals to apply for a green card from within the U.S., while consular processing requires applying at a U.S. embassy or consulate abroad. If you weren’t lawfully admitted, consular processing may be your only option.

Documents That Prove Lawful Admission to USCIS
Proof of lawful admission typically includes documents like a passport entry stamp, Form I-94, visa documentation, or official records showing inspection and admission at a U.S. port of entry.

2 months ago | [YT] | 0

Marina Shepelsky

What’s One Big Misconception About Immigration Law and Tech Talent?

As a U.S. immigration attorney working with professionals in the STEM industries and other professional fields from all over the world, here’s the misconception I wish more people understood ⤵️

👉 “If you’re talented enough, you’ll have no problem getting a U.S. visa.”

Unfortunately, that’s just not true. The U.S. immigration system doesn’t automatically reward skill, education, or innovation. A brilliant AI engineer from India or a cybersecurity expert from Nigeria can have the same—or even stronger—credentials as someone from Europe, yet face years or even decades of waiting due to outdated per-country visa limits and rigid quotas.

The reality is that our system was designed decades ago and simply hasn’t caught up to how global the tech world has become. Talent is now borderless — but U.S. immigration law isn’t.

Meanwhile, other countries like Canada, Germany, Singapore, and Portugal are modernizing their immigration systems to attract skilled professionals quickly and transparently. The U.S. risks losing its edge if it doesn’t adapt.

As immigration lawyers, we see the human side of these policies every day — the delayed dreams, the lost job offers, the startups that never launch here because the founder couldn’t get a visa in time.

The fix isn’t complicated: modernize, digitize, and prioritize skill over birthplace. America’s future in tech depends on it.


📞 718-769-6352
💻 www.Shepelskylaw.com

2 months ago | [YT] | 0

Marina Shepelsky

Why You Should Bring a Professional Interpreter to Every USCIS Interview

Navigating the U.S. immigration system is challenging enough. If you don’t speak English fluently, the stakes become even higher during a USCIS interview. One of the most common—and yet preventable—mistakes is relying on a friend, relative, or someone informal to interpret for you. Instead, you should insist on a professional interpreter who does this for a living.

USCIS announced a change in policy by posting on their official Facebook page stating that every green card applicant, asylum applicant and naturalization applicant (where you need to do the interview in your own language like in situations with disability waiver, for example) bring their own professional interpreter to this interview. The announcement is here: www.facebook.com/uscis/posts/if-you-have-an-upcomi…

Why is bringing an interpreter in your own best interests?

1. The Interview Context Is Crucial

When you appear for an interview with USCIS (whether it’s for adjustment of status, naturalization, a green-card through marriage, asylum, or another benefit), every question, every answer, and even every nuance matters. The officer is assessing your eligibility, your credibility, your narrative, and whether you meet the legal requirements. Mistakes can lead to delays, denials, or even referral for removal proceedings.
In that setting, language and communication are not just “nice to have” — they are central to your case.

2. Informal Interpreters Raise Significant Risks

Bringing your cousin’s neighbor’s brother (or any informal interpreter) may feel convenient or low-cost. But consider these risks:

Errors or omissions. A non-professional may misunderstand legal or immigration terms, omit or change parts of your answers, or fail to interpret what the officer is asking — potentially altering the entire meaning and outcome.
Bias or discomfort. An informal interpreter who knows you personally might hesitate to interpret exactly what you want them to say. For example, they may soften your answer, add or omit clarifications, or fail to flag confusion. That can undermine your credibility.
No guarantee of confidentiality or professionalism. A formal interpreter is aware of privacy, neutrality, begins interpreting exactly what is said, does not add their own commentary, and understands the high stakes of the setting.
Officer concerns about credibility. If the officer senses that the interpreter is not truly independent or is not fully understanding the conversation, they may question the quality of the interview. They might re-ask questions, limit your ability to elaborate, or decide your interpretation was unreliable.
Failure to follow immigration-specific interpreting protocols. Immigration interviews demand precise, contemporaneous interpretation — not summaries or edits. A professional interpreter is trained and experienced in this kind of work.
3. What a Professional Interpreter Brings

Here are the key qualities and services that professional interpreters provide — and why they matter:

Fluency in both languages + subject-matter familiarity. They understand both your native language and English, and ideally have exposure to immigration terminology and the interview context.
Neutrality and accuracy. They interpret exactly what is said, neither adding nor omitting. That means the answer you give is the answer the officer hears.
Confidentiality and professionalism. They adhere to ethics and standards of practice. You can trust that what you say remains between you, the officer, and the interpreter.
Clarity around protocol. For example, they know not to volunteer information, they interpret in real time (not after the fact), and they maintain a proper role (not advocate, not exaggerator).
Confidence under pressure. Immigration interviews can shift quickly. A professional will be more comfortable walking into a room with an officer, handling unexpected questions, and assisting you (via interpretation) to give your best answers.
4. Practical Steps for Hiring a Professional Interpreter

To ensure you have the right person and minimize hassle at the interview, follow these steps:

Start early. Once your interview is scheduled, begin looking for a qualified interpreter in your language. Don’t wait until the last minute.
Ask about immigration interview experience. Ask the interpreter how often they work in immigration settings. Prioritize someone who says “I interpret for USCIS interviews, asylum hearings, immigration court” or similar.
Confirm certification or credentials. While there’s no single national certification mandated for USCIS interpreters (outside of court-certified interpreters in some jurisdictions), ask about their training, years of experience, and references.
Clarify date/time, rate, and logistics. Make sure they will be present at your interview time, that they know the location, how long the interview is likely to last, and what their fee is.
Ensure clarity about their role. They should only interpret what is said, and not answer for you, prompt you, or act as your advocate.
Prepare you and the interpreter together. Brief the interpreter about your case (language, subject matter, any special circumstances) and practice together so you’re comfortable working with them.
Bring identification and contact information. Some interview sites may require the interpreter to provide ID or sign in. Confirm protocol with the USCIS office ahead of time if possible.
5. What to Do On the Day of the Interview

On interview day:

Arrive early with your interpreter.
Introduce the interpreter to the officer, if needed. Clarify that the interpreter will interpret everything said by both you and the officer.
Speak directly to the officer, not to the interpreter. The interpreter is the “voice” for your responses, but you remain the principal.
Pause and allow the interpreter to interpret your answer fully before you continue.
If you don’t understand a question, say so — don’t guess. Ask the officer (through the interpreter) to clarify.
Stay calm, take your time, and rely on your interpreter to assist in precise communication.
6. Why This Investment Is Worth It

Yes, hiring a professional interpreter involves cost. But compare that cost to the ramifications of a misinterpreted answer: delays, increased scrutiny, possibly a denial of your benefit, or worse, being placed into removal. In that context, having a strong interpreter is a small upfront investment for huge potential upside.
Especially for higher-stakes interviews (naturalization, adjustment of status, VAWA, asylum, removal defense) the interpreter’s role is pivotal.

7. When You Absolutely Should Not Use a Friend/Relative

Consider these scenarios — if any apply, you should not rely on an informal interpreter:

The interview involves legal or complex factual issues (e.g., hardship, asylum, removal, fraud allegations).
You are emotionally vulnerable or nervous and need someone detached and professional.
The friend/relative doesn’t have interpreting experience and may misinterpret or omit parts of your story.
You anticipate follow-up questions or difficult credibility issues — you need someone steady.
The interpreter will have to interpret sensitive or highly personal matters (trauma, abuse, mental health, etc.) where confidentiality and neutrality are especially important.
8. Tips for Immigration Attorneys, Advocates & Paralegals

If you work with clients:

Encourage clients early on to secure a professional interpreter.
Maintain a list of vetted interpreters in various languages (with immigration interview experience).
Brief the interpreter about the case in advance (subject matter, key facts, any tricky language).
Ensure the interpreter signs a confidentiality agreement if needed.
Remind clients that the interpreter is not there to “help with phrasing” or “explain the law” — only to interpret what is said in real time.
After the interview, debrief with the interpreter if possible — note any issues in interpretation or communication, so you can improve for next time.
9. Final Thoughts

Your voice matters in the interview room. The best narrative you can produce can only reach the officer if everything you say is properly interpreted. A professional interpreter bridges the language gap — ensuring that your facts, your sincerity, your eligibility are communicated exactly and completely.
Don’t leave your immigration outcome to chance by relying on an informal interpreter. Make the investment. Bring someone who interprets for a living. Your future may depend on it.

To legalize in the U.S. and have a strong attorney on your side, call Shepelsky Law Group at (718)769-6352 or book your consultation right now at: shepelskylaw.cliogrow.com/book

2 months ago | [YT] | 1

Marina Shepelsky

Hope for Immigrant Parents Abused by U.S. Citizen Child

Many immigrants from India, Pakistan, and other countries entered the U.S. without a visa or inspection at the border. This type of entry, known as “EWI,” often blocks them from getting a green card through a U.S. citizen relative. In most cases, immigrants with EWI must leave the U.S. and apply at a consulate, risking long-term bars. But if the immigrant parent suffers abuse from an abusive U.S. citizen child, there may be another option. VAWA for parents offers protection and a path to a green card without leaving the country.

What Is VAWA and Who Qualifies?
VAWA allows certain immigrants who suffer abuse by a U.S. citizen or permanent resident spouse, parent, or child to “self-petition” for immigration status. This can take place without the abuser’s knowledge or involvement. This includes cases where an adult U.S. citizen child has abused their immigrant parent.

The law recognizes that immigrants may be trapped in abusive situations. Their lack of legal status may be a barrier. This option gives them a way to pursue safety and independence. Filing Form I-360 as a VAWA self-petitioner is the first step. Importantly, there is no filing fee for VAWA petitions. USCIS reviews the evidence confidentially to protect the immigrant from further harm.

Adjustment of Status: A Powerful Pathway
Once USCIS approves the VAWA self-petition, the immigrant becomes eligible to apply for a green card. That process is “Adjustment of Status,” and happens by filing Form I-485. Adjustment of Status lets them stay in the U.S., receiving permanent residency without having to leave the country. This is the case even if they originally entered without inspection.

This is a powerful exception built into the law for VAWA applicants. Most other immigrants with an EWI are barred from adjusting status inside the U.S.

Work Authorization and Advance Parole
Along with the green card application, VAWA applicants can also apply for work authorization (Form I-765) and advance parole (Form I-131). These allow them to travel abroad while their case is pending.

Work authorization is especially critical. It allows the immigrant to legally work, get a Social Security number, and support themselves. There is no depency on the abusive family member. Advance parole may also open opportunities to visit family abroad. It enables travel in emergencies. It is best to discuss travel plans with an attorney before leaving the country.

Confidentiality: What Happens to the U.S. Citizen Child Abuser?
The U.S. citizen child abuser will not experience any problems if you file for VAWA:

They will not be contacted by USCIS.
They will not be arrested.
They will not be questioned or informed at all about this case.
No one will call and confer with them asking anything.
No one will interview them.
This is a strictly confidential process. The U.S. citizen child will not find out if you even filed the I-360 petition.

Why VAWA Matters for EWI Immigrants from India, Pakistan, and Beyond
For Indian or Pakistani immigrants abused by a U.S. citizen child over 21, VAWA offers a lifeline for parents.

The process is the same for immigrants from other countries, too! It not only protects them from deportation but also offers a direct pathway to permanent residency and, eventually, U.S. citizenship.

Strong Evidence Required — But Hope is Real
This process requires strong evidence of cruelty, abuse, and good moral character, and often involves sensitive personal details. But it is one of the most important humanitarian protections in U.S. immigration law. It allows survivors to break free from abusive relationships and build a safe, independent life in the United States.

Ready to Take the First Step Toward Safety and Legal Status? 🚀
If you’ve experienced abuse from a U.S. citizen or green card holder you may qualify for VAWA protections. Even if you entered the U.S. without inspection, or the abuse came from a spouse, parent, or adult child.

✨ You don’t have to stay silent. You don’t have to stay stuck. ✨

Let the experienced team at Shepelsky Law Group guide you with compassion and confidentiality every step of the way. We’ve helped thousands of immigrants reclaim their safety, dignity, and future — and we’re here for you too.

📞 Call us today at (718) 769-6352
🌐 Or visit us at www.ShepelskyLaw.com to schedule your consultation now!

Your new beginning starts with one brave step — and we’re ready when you are.

4 months ago | [YT] | 1