Marina Shepelsky

What Male Survivors Need to Know About Immigration Relief


When people think about gender-based violence, they usually picture women and children. But as an immigration law firm, we see something different every day: men—especially immigrant men—who are victims of abuse and don’t know they have rights.


This gap in awareness can cost people their safety, their status, and their future in the United States.

Why Male Survivors of Violence Are Often Overlooked

Gender stereotypes still dominate the narrative

There is a long-standing belief that men are always physically stronger and therefore cannot be victims. In reality, power in abusive relationships often comes from immigration status, finances, or control—not physical strength.

In many immigration cases, the person with U.S. citizenship or a green card holds all the leverage.

Cultural stigma prevents men from speaking up

Many male survivors hesitate to report abuse because:

They fear being judged or not believed
They feel embarrassed or ashamed
They worry about losing their masculinity or credibility
We’ve seen cases where clear physical injuries were documented in hospitals—but never labeled as domestic violence because no one even considered that the man could be the victim.

Lack of resources for male survivors

Most domestic violence systems are designed with women in mind. As a result:

Fewer shelters accept men
Support services may not be tailored to male victims
Medical professionals may overlook signs of abuse
This creates a dangerous cycle where male survivors remain invisible.

Immigration Law Challenges for Male Survivors

Barriers to asylum for male victims

Male survivors seeking asylum often face additional hurdles:

Their claims may not fit traditional definitions of “gender-based persecution”
Decision-makers may not recognize men as victims of gender violence
They must work harder to prove credibility
This is especially true for LGBTQ men facing violence in their home countries due to sexual orientation or perceived identity.

VAWA protections are not just for women

Many immigrants don’t realize this:
The Violence Against Women Act (VAWA) protects men too.

If you are:

Married to a U.S. citizen or green card holder
Abused physically, emotionally, or psychologically
You may be able to self-petition for a green card without your abuser’s involvement.

Power imbalance in immigration relationships

In abusive relationships involving immigration status:

The abuser may threaten deportation
They may withhold documents
They may isolate the victim from help
For male survivors, these threats are often taken less seriously—but they are just as real and dangerous.

Real-World Example: When Abuse Goes Unrecognized

We represented a client who went to the emergency room after being severely assaulted by his spouse. Despite visible injuries and his report that the incident occurred at home:

No domestic violence notation was made
No social worker was assigned
No resources were offered
This is exactly how male survivors fall through the cracks.

Why This Matters for Immigrants Right Now

With increasing restrictions in immigration policy and tighter scrutiny of asylum claims, male survivors face even greater risks:

Narrow interpretations of “particular social group”
Higher evidentiary standards
Less recognition of non-traditional victim profiles
If you don’t present your case correctly, you may be denied—even if your story is real.

What Should Male Survivors Do?

If you are an immigrant experiencing abuse:

Document everything (photos, medical records, messages)
Seek medical attention and clearly state what happened
Speak to an experienced immigration attorney immediately
You may qualify for:

VAWA self-petition
Asylum
U visa (if crime reported)
Other humanitarian relief
The Bottom Line

Male survivors of gender-based violence are real.
Their cases are valid.
And under U.S. immigration law, they have options, but only if they know them.

Need Help? We’re Here to Protect You

At Shepelsky Law Group, we understand how complex and sensitive these cases are—especially for men who feel unheard.

📞 Call us: 718-769-6352
📅 Book a consultation: shepelskylaw.cliogrow.com/book

1 day ago | [YT] | 0

Marina Shepelsky

New Public Charge Rule: How It Could Stop Immigrants from Getting Visas or Green Cards


The American Immigration Lawyers Association (AILA) explains that the Trump administration is pushing for changes to the public charge rule — a long-standing part of U.S. immigration law. This rule allows the government to deny a visa or green card to individuals who are deemed likely to become dependent on public assistance. Under the new proposal, immigration officers will have broader discretion to determine who is considered a “public charge,” making it more difficult for families to navigate the immigration system.

Here’s why this matters:

1. Uncertainty About Who Will Be Affected by the Public Charge Rule

The proposed public charge rule is vague, leaving it unclear who will be considered a “public charge.” This uncertainty can hurt family unification efforts. The rule could lead to denials of immigration benefits, even for family members like spouses, children, and parents, simply because an applicant or their household has used public programs in the past — even those not meant to be counted. As a result, it will be harder for families to reunite in the U.S., further complicating the immigration process.

Learn more about family immigration options and how this rule could impact your ability to reunite with loved ones.

2. The Chilling Effect: Fear of Seeking Help

Without clear standards, immigrant families may not know what counts against them. This “chilling effect” can discourage immigrants from accessing important services like health care, child care, and nutrition programs — even if they are legally eligible. As a result, families could experience worsened financial and health conditions, as they avoid programs that would otherwise support their well-being.

For more on how this uncertainty impacts immigrants, read our immigrant benefits rights guide.

3. Limits on Legal Immigration Opportunities

The public charge rule could further limit legal immigration pathways. With immigration officers given broader discretion, it will be harder for people to secure visas or green cards. This isn’t just a change in policy. It actually makes the immigration system less predictable and less accessible, especially for working families. Many other policies under the Trump administration are already reducing legal pathways. This makes it more difficult for lawful immigrants to build stable lives in the U.S.

4. Impact on Children’s Well-Being

This rule disproportionately affects children in immigrant families, many of whom are U.S. citizens. If parents avoid using benefits out of fear, children will lose access to essential supports, like health care, nutrition, and education. These services are critical for children to thrive, and their lack of access could harm both individual children and communities at large.

For tips on navigating the complexities of immigrant children’s rights, we’ve created a resource for families affected by these changes.

Why This Matters for Immigrants

In short, a public charge rule without clear limits won’t just affect benefits usage. It could also block families from being together, discourage people from seeking essential services, and make it even harder for legal immigrants to thrive in the United States. With these changes, now more than ever, it is essential to have experienced attorneys on your side to navigate these uncertain times.

Have Questions? We’re Here to Help

To legalize in the U.S., call Shepelsky Law Group at Tel: (718) 769-6352 or book your consultation directly. We are here to support you through every step of the process.

Frequently Asked Questions

Q1: What public benefits could impact my immigration status?

The new public charge rule doesn’t clearly define which benefits will count. However, it may include programs like SNAP (food stamps), Medicaid, and housing assistance. Contact our team to learn more about how these programs could affect your immigration case.

Q2: How can I protect my family from the public charge rule?

Avoiding necessary public benefits out of fear could harm your family. Seek guidance from an immigration attorney who can help you navigate the complex rules surrounding public charge and family unification. Contact us to discuss your specific situation.

Q3: How does the government enforce the public charge rule?

USCIS officers and immigration judges enforce the public charge rule. They have broad discretion in deciding whether an applicant is likely to become a public charge. It is essential to have an experienced immigration lawyer to advocate for your case.

4 days ago | [YT] | 0

Marina Shepelsky

The Proven Truth About Immigration Fee Theft – Processing Reality

A March 2026 report from the Cato Institute raises a deeply troubling concern for immigrant families across the United States: the federal government has collected over a billion dollars in immigration filing fees while allegedly refusing to meaningfully process many of those cases. If your immigration fees were not processed, you are not alone.

What the Cato Institute Found About Immigration Fees Not Being Processed

The Cato Institute, a well-respected Washington, D.C.-based policy research organization, published findings this month arguing that sweeping federal policy changes have created broad blocks on immigrant visas, adjustment applications, and diversity visa processing for people from dozens of countries. According to the report, these restrictions now affect citizens of 92 countries and could prevent hundreds of thousands of immigrants from obtaining lawful permanent residence, even after paying all required government fees.

You Paid. The Government Took the Money. Now What?

Immigration is expensive. Petitions, adjustment applications, work permits, and consular processing all carry significant government fees. The Cato report estimates that more than 2 million affected applications generated over $1 billion in collected fees — money the government took even though it allegedly has no real plan to decide many of those cases.

For families who paid and are now hearing nothing, this is not a bureaucratic delay. It may be a deliberate policy.

The Effects of Immigration Fees Not Processing

The people caught in this situation include a U.S. citizen who filed to help a spouse legalize their status, a parent trying to reunite with a child, and a worker who applied for employment authorization or permanent residence. All of them followed the rules. All of them paid. And many of them are now waiting in silence with no clear path forward.

Did Anyone Warn Applicants? Allegedly No.

The Cato report reveals something even more disturbing. In some situations, consular officers allegedly received instructions to stay silent — never warning applicants that these policies would bar their case. Families kept preparing for interviews, traveling, gathering documents, and paying fees, while the government had already decided to deny them.

What This Means for Your Immigration Case Right Now

These developments are a reminder that waiting is rarely the right strategy when immigration policy is shifting this fast. Depending on your history and current circumstances, you may still have options: adjustment of status, consular processing, humanitarian relief, waivers, family petitions, or employment-based pathways. But we must identify those options and pursue them before more doors close.

What Shepelsky Law Group Believes

Immigrants deserve honesty, due process, and a real decision under the law. The U.S. immigration system should not function like a paywall with no service behind it. Taking money while refusing to properly decide cases undermines trust in the system and harms families who are trying to follow the rules. You paid your immigration fees and got no decision. You deserve answers.

Your Immigration Fees Went Nowhere. Get a Case Review Now.

If you or your loved one paid immigration filing fees and your case has gone nowhere, or if you are trying to find a path to legal status in the United States, this is the time to act carefully and strategically. Our attorneys handle immigration court and deportation cases, family petitions, and relief applications from start to finish. Call Shepelsky Law Group at (718) 769-6352 or book a consultation at shepelskylaw.cliogrow.com/book.

6 days ago | [YT] | 0

Marina Shepelsky

EB-2 NIW in 2026: A Green Card Without an Employer — and the Option to File Concurrently

The EB-2 National Interest Waiver (NIW) category offers one of the most strategic pathways to a U.S. green card for highly skilled professionals. It allows qualified individuals to self-petition — without a sponsoring employer and without going through the lengthy PERM labor certification process — if their work serves the national interest of the United States.

What Is EB-2 NIW?

The EB-2 category is available to:

Individuals with an advanced degree (master’s degree or higher, or a bachelor’s degree plus at least 5 years of progressive experience), or
Individuals with exceptional ability in the sciences, business, or arts.
The “National Interest Waiver” means that the government waives the usual requirement of a permanent job offer and labor certification because the applicant’s work benefits the U.S. on a broader level.

Under the precedent decision Matter of Dhanasar, applicants must demonstrate:

Their proposed endeavor has substantial merit and national importance.
They are well positioned to advance the endeavor.
On balance, it benefits the United States to waive the job offer and labor certification requirements.
Important: Concurrent Filing for Those Inside the U.S.

Currently, individuals who are physically present in the United States in lawful nonimmigrant status (such as H-1B, O-1, etc.) and whose priority date is current may file:

Form I-140 (EB-2 NIW petition), and
Form I-485 (Adjustment of Status application)
at the same time (concurrent filing).

This is a powerful strategic advantage. It allows eligible applicants to:

✔ Apply for a green card without waiting for I-140 approval

✔ Obtain a work permit (EAD)

✔ Apply for Advance Parole for travel

✔ Remain in the United States while the case is pending

For many professionals, this creates flexibility, protection, and stability during the immigration process.

Examples of Strong EB-2 NIW Candidates

AI and Tech Professionals developing cybersecurity systems or innovative software solutions.
Physicians working in underserved communities or engaged in critical medical research.
Entrepreneurs launching startups that create U.S. jobs and attract investment.
Researchers and Scientists with peer-reviewed publications and significant citations.
Financial Experts or Economists contributing to economic development or national-level projects.
EB-2 NIW is not just about talent — it is about positioning your work within the framework of national importance and presenting a strategically prepared case.

If you believe you may qualify, contact Shepelsky Law Group today at (718) 769-6352 to schedule a consultation or book it at ShepelskyLaw.Cliogrow.com/Book and discuss your immigration strategy.

1 month ago | [YT] | 1

Marina Shepelsky

EOIR Appoints 42 New Immigration Judges: A New Era of Deportations?

On March 11, 2026, the Executive Office for Immigration Review (EOIR) swore in 42 new immigration judges across various U.S. states, all of whom will now make life-changing decisions for immigrants facing deportation, seeking asylum, or applying for adjustment of status. While these appointments were hailed as a step toward tackling the massive case backlog in U.S. immigration courts, the backgrounds of these judges raise serious concerns for immigrants who fear that they may not receive a fair trial.

What Does This New Appointment Mean for Immigrants?

The new immigration judges, selected for their enforcement and prosecutorial backgrounds, are tasked with hearing cases that directly impact the future of many immigrants. These judges have military service, prosecutorial experience, and time spent in federal government legal roles. Many have worked within the Office of the Principal Legal Advisor (OPLA), which is a division of U.S. Immigration and Customs Enforcement (ICE), the agency responsible for enforcing immigration laws and deporting immigrants.

OPLA is in charge of prosecuting immigration cases, meaning the judges appointed from this agency have strong enforcement ties, but little to no experience in defending immigrants. This is where the problem lies. Immigrants are already in a vulnerable position, often facing deportation without the opportunity to fully present their side of the story. With the influx of judges who come from prosecutorial roles, there are growing concerns about a conflict of interest and a lack of balance in the courts.

A Court System That Prioritizes Deportation

It is troubling that the new judges predominantly come from enforcement and prosecutorial backgrounds. Defense attorneys—those who represent immigrants seeking to stay in the country—are drastically underrepresented in this new class of judges. Judges who come from these backgrounds are often seen as having a predisposed view of the law that aligns with the deportation-first agenda of the past few administrations.

These judges have spent their careers prosecuting immigration cases, which means they are deeply familiar with the processes that lead to deportation but have limited experience with defending individuals in court or considering the humanitarian aspects of an immigration case. This creates a systematic bias toward deportation, as these judges are more likely to view immigrants as individuals to be removed rather than people deserving of the protection of the law.

Without defense-oriented judges who understand the challenges faced by immigrants—especially those seeking asylum or other forms of relief—the balance of the immigration court system is tipped dangerously toward deportation. These judges are often described as viewing immigration law through a narrow, enforcement-focused lens, which does not account for the nuances of many immigrants’ situations.

Why This Matters for Immigrants

For immigrants, this shift is extremely concerning. The EOIR and OPLA work for the same agency, meaning the judges hearing cases in the immigration courts are part of a larger system that is designed to remove immigrants from the country. When judges and prosecutors come from the same agency, there is an inherent conflict of interest. Prosecutors are tasked with presenting evidence to deport someone, while the judges are supposed to impartially review the case and determine whether deportation is warranted. But with this mix of roles, it’s difficult to guarantee that the judge will approach the case without preconceived notions or bias.

As immigration cases are often high-stakes—determining whether a person stays in the U.S. or faces separation from family and country—it is essential that judges consider the full context of a person’s situation. This includes personal, humanitarian, and legal factors, such as the potential for persecution or the impact on family life. Unfortunately, with a growing number of judges who have been part of the enforcement and prosecution machinery, the likelihood of fair hearings decreases.

These judges may be influenced by the stereotypes that have surrounded immigrants for years—believing that they are simply “illegal” and should be removed. This is a dangerous mindset, as it doesn’t account for the complex realities that many immigrants face: fleeing violence, facing political persecution, or seeking safety in the U.S. in situations beyond their control.

A System That No Longer Prioritizes Justice

It’s important to understand that the role of an immigration judge is to balance justice—not only to hear evidence but to do so impartially, with a full understanding of the human stakes involved. With so many judges coming from prosecutorial and enforcement backgrounds, there is a real concern that the due process required by law may be compromised. For immigrants, this means that their fates are in the hands of judges who have been trained to remove, rather than protect.

Immigrants facing hearings should be aware of the system they are entering and the bias that may exist at play. Judges with enforcement backgrounds may make decisions based on a preconceived notion that they should favor deportation—without adequately considering the full scope of each case. This is why legal representation is critical.

Ready to Take the Next Step?

At Shepelsky Law Group, we understand the challenges immigrants face in today’s ever-changing immigration system. If you or a loved one is facing deportation, seeking asylum, or applying for adjustment of status, don’t face the court system alone. Call Shepelsky Law Group today at Tel: (718)769-6352 to schedule a consultation and begin the process of legalizing your status in the U.S. You can also book your consultation at shepelskylaw.cliogrow.com/book

We can help you navigate the complexities of immigration law and fight for the best possible outcome for your case.

1 month ago | [YT] | 0

Marina Shepelsky

Proposed change to DV Green Card (Diversity Green Card Lottery) program

BIG NEWS FOR U.S. DIVERSITY GREEN CARD LOTTERY!

The 2027 Diversity Visa (DV) Lottery has not yet taken place this year, and recent updates reveal some important changes to the program. The U.S. Department of State has announced a final rule, effective April 10, 2026, that mandates all DV lottery applicants to include a scan of a valid, unexpired passport information page with their electronic entry form. This adjustment was made in response to widespread fraud involving “travel agencies” that claim to assist individuals in applying for the DV lottery. The inclusion of a passport scan aims to help curb these fraudulent activities and ensure the integrity of the program. The DV lottery has been a vital pathway for individuals from countries with historically low immigration rates to the U.S., and its purpose is to diversify the immigrant population by offering a chance for legal permanent residency. Over the years, however, the rise of deceptive practices has led to these much-needed reforms.

The U.S. Department of State has published a final rule to amend the Diversity Immigrant Visa Program (“DV Program”) effective April 10, 2026.

The rule’s sole amendment to the DV program requires applicants to include a scan of a valid, unexpired passport information as part of their electronic entry form, or otherwise indicate that they are exempt from this requirement, in order to properly submit a diversity lottery entry form.  Registrants will need to upload a scan of the biographic and signature page(s) of their passport as part of the entry form. Additional amendments in the final rule impact the guidance and instructions for the DV Program, including replacing the term “gender” with “sex”, and replacing the term “age” with “date of birth” to accurately reflect the information collected.

The rule notes that these amendments will be implemented with the 2027 Diversity Visa (“DV-2027”) Program. The State Department has delayed the start of the DV-2027 program and has not yet confirmed the start date for the registration period.

With these new changes, it is crucial for potential applicants to stay informed. If you are ready to start legalizing in the U.S., Shepelsky Law Group is here to help. Our experienced team can guide you through the process and ensure your application is submitted correctly. Contact us today to make sure you don’t miss out on this important opportunity! Call us at (718)769-6352 or book your consultation at shepelskylaw.cliogrow.com/book

1 month ago | [YT] | 0

Marina Shepelsky

Proposed Public Charge Rule is Bad for Legal Immigration

The American Immigration Lawyers Association (AILA) explains that the Trump administration is trying to change the public charge rule — a long‑standing part of U.S. immigration law that lets the government deny a visa or green card to someone likely to become dependent on public assistance. The new proposal would strip away clear rules about which benefits matter, giving immigration officers very broad power to decide case by case. (aila.org)

Here’s why this matters:

1. It is not clear and is vague as to who will be a potential ‘public charge’. It will hurt family unification. Under the proposed rule, people trying to bring spouses, children, parents, or other family members to the U.S. could be denied immigration benefits because a visa applicant or their household used public programs in the past — even programs that aren’t meant to be counted. That makes it much harder for families to join their loved ones here.

2. It creates fear and uncertainty.
Without clear standards, families won’t know what counts against them. Immigrant families may avoid basic help like health care, nutrition programs, or child‑care assistance, even if they are legally eligible, because they fear it could jeopardize future immigration opportunities. This “chilling effect” can leave families in worse financial and health situations.

3. It further limits legal immigration.
By giving adjudicators unfettered discretion, the rule could block more people from getting visas or green cards. That isn’t just a policy change; it makes the legal immigration system less predictable and less accessible, especially for working families. Since other Trump administration policies are also reducing legal pathways, this only tightens the squeeze on lawful immigration overall.

4. It undermines children’s well‑being.
Many children in immigrant families are U.S. citizens. If their parents avoid benefits out of fear, the kids lose access to health, nutrition, and educational supports that help them thrive. That harms individual children and communities.

In short: a public charge rule without clear limits won’t just impact benefits use — it could block families from being together, discourage people from accessing essential services, and make it even harder for legal immigrants to build stable lives in the United States.

These are uncertain times and you need to have strong attorneys on your side. We are here for you. To legalize in the U.S. call Shepelsky Law Group at Tel: (718)769-6352 or book your consultation directly at ShepelskyLaw.Cliogrow.com/Book

1 month ago | [YT] | 0

Marina Shepelsky

What Documents Should Immigrants Carry in the U.S. to Show Proof of Status to ICE

Whether you’re a lawful permanent resident [green card holder], have a work permit, or are waiting for an immigration hearing, it helps to know what official documents can prove your status if Immigration and Customs Enforcement (ICE) asks. Carrying the right paperwork can make interactions with authorities smoother and reduce confusion.

Below is a straightforward guide to the documents you should carry — and some you should not carry — based on current legal recommendations.

1. Always Carry Proof of Your Legal Status (if you have it)

If you have valid immigration status in the U.S., it’s generally recommended to carry documentation proving it. Useful documents include:

✅ Primary Legal Status Documents

ORIGINAL Green Card (Permanent Resident Card, I-551) — for lawful permanent residents. Copies are insufficient. You should have your plastic card on your person.
Employment Authorization Document (EAD, I-766) — work permit. Must be an original document. Copies are insufficient.
I-94 Arrival/Departure Record (or passport stamp) — shows how and when you were admitted.
Visa in your passport (if you have a non-immigrant visa)
USCIS approval notices (Form I-797) or receipt notices showing pending status. For example, I-589 Receipt Notice as proof you are awaiting your asylum interview. Also a good idea to show you went for biometrics, so carry your biometrics letter with the stamp with you.
Originals are always best, but you should have both physical and digital copies with you so that you can have quick access to them if asked.

2. If You Have an Upcoming Hearing in Immigration Court

If you are in removal proceedings or waiting for a hearing, you should carry:

Your Notice to Appear or hearing notice from EOIR (Immigration court hearing notice);
Any USCIS or EOIR correspondence related to your case;
Copies of filings (e.g., asylum applications, briefs) and USCIS receipt notices to prove you filed Defense Relief applications like Asylum or Cancellation of Removal.
These show that you are scheduled for court and have legal proceedings pending.

3. Identification Documents You Can Carry

Even if you don’t have official immigration status yet, you can carry government IDs that do not disclose your immigration status. This can help establish your identity without revealing status:

State-issued ID or driver’s license
Municipal or community ID cards
Tribal ID (if applicable) — some Native Americans carry this to show citizenship and identity without immigration details
These help confirm your identity without containing sensitive immigration information.

4. Documents You Should Not Carry Without Legal Advice

Legal experts generally do not recommend carrying documents that explicitly list your nationality or country of birth unless necessary — especially if your status is undocumented — because it can create confusion or unintended risk.

Examples include:

Foreign passports with expired visas
Birth certificates from your home country
Foreign national ID cards
Instead, store these safely at home or with a trusted person and have digital copies accessible if needed.

5. Other Helpful Papers to Have Accessible (Not Required)

Keeping these in a secure place can be helpful if later needed in court or legal proceedings:

Social Security card or Individual Taxpayer Identification Number (ITIN)
Marriage or birth certificates (for dependents)
Receipt or approval notices for any immigration applications
Copies of past legal filings
Having organized files — both paper and scanned digital copies — makes it easier to respond to requests and prepare for hearings.

6. Know Your Rights If Stopped

Regardless of status, people in the U.S. have rights regardless of their immigration status or lack thereof:

You may remain silent and are not required to answer questions about your immigration status.
You do not have to open your door without a judicial warrant [a warrant signed by a judge, and not just by ICE].
You can ask to speak with a lawyer.
You can ask the ICE officer if you are free to go and if he says yes – go.
This means you can choose what to show and what not to show, and waiting for legal advice is often safer than handing over every document.

Quick Summary: What to Carry

🟢 If You Have Legal Status, carry the following ORIGINAL documents:

Green Card
Work Permit (EAD)
I-94 or valid visa
USCIS approval/receipt notices
🟡 If You Are in Immigration Court Removal Proceedings:

EOIR hearing notices
Correspondence and filings
🟡 If You Don’t Have Status

State or municipal ID
Tribal ID (if applicable)
🚫 Avoid Carrying

Foreign passport with expired visa
Foreign birth certificates
Documents showing nationality/status unless advised by an attorney
Documents are Crucial to Prove Your Status:

Carrying proof of your legal presence — when you have it — helps ensure compliance and can prevent misunderstandings. But if you are undocumented, carrying official U.S. immigration status documents isn’t possible, and legal advice is essential on how to safely handle encounters with ICE.

Always keep copies of important documents in a safe place, and consider giving trusted family or a lawyer access to digital backups.

What if you have young US Citizen/Green Card holder Children?

If you have young children, especially US citizen children, it is a good idea nowadays to have your local Family Law attorney (lawyers who specialize in custody) draw up documentation how they should be taken care of if you are deported.

A Standby Guardianship Designation (sometimes called a Standby Guardian Authorization or Designation of Standby Guardian) is the best and most widely recommended document for undocumented parents of U.S. citizen children.

Here’s how it works and what parents should know:

The Best Document: Standby Guardianship

A Standby Guardianship allows parents to name a trusted adult who can immediately step in to care for their U.S. citizen children if the parents are detained, deported, or otherwise unable to care for them.

This document is designed specifically for emergencies like:

ICE detention
Deportation
Sudden arrest or removal
Hospitalization or incapacity
It helps ensure children remain in the United States with someone the parents chose.

What a Standby Guardianship Does

Names a temporary legal guardian for the child
Allows the guardian to:
enroll the child in school
consent to medical care
communicate with schools, doctors, and agencies
Takes effect only if a triggering event happens (detention, deportation, disappearance, or incapacity)
Parents do not lose parental rights by signing this.

Who Should Be the Standby Guardian

U.S. citizen or lawful permanent resident preferred
Trusted family member or close friend
Someone already living in the U.S.
Willing and able to care for the child long-term if needed
Other Documents Parents Should Have (Very Important)

A Standby Guardianship works best when combined with the following:

1. Power of Attorney for Child Care

Allows day-to-day decisions if parents are unavailable but not yet deported.

2. Medical Consent Form

Allows the guardian to authorize emergency and routine medical treatment.

3. School Authorization Letter

Allows the guardian to enroll the child, attend meetings, and access records.

4. Copies of Child’s Documents

Keep copies with the guardian:

U.S. birth certificate
Passport (if available)
Social Security card
5. Emergency Contact Letter

Explains:

parents’ wishes
who should take custody
what to do if ICE detains the parents
What NOT to Rely On

❌ Verbal agreements
❌ Informal letters with no legal standing
❌ Assuming Child Protective Services agency in your municipality will place the child with family automatically
Without legal paperwork, children may be placed in foster care, even if family is available.

State Law Matters

Standby guardianship laws vary by state:

Some states require notarization
Some require court filing
Some allow temporary activation without court approval
Parents should have the document prepared by an attorney licensed in their state.

Conclusion About Children:

For undocumented parents of U.S. citizen children, the single most important document to keep children safe in the U.S. if deportation happens is:

A properly executed Standby Guardianship Designation, supported by medical and school authorizations.

To legalize in the U.S., call Shepelsky Law Group today at (718) 769-6352 today.

2 months ago | [YT] | 0

Marina Shepelsky

New BIA Appeals Rule To Be Published in the Federal Register on Feb. 6, 2026 – Big Changes to Immigration Appeals: What Immigrants in the U.S. Need to Know

A new rule from the Department of Justice is changing how immigration appeals after immigration court denials work, and it directly affects immigrants inside the United States.

According to the Department of Justice, the stated purpose of the rule is to speed up case processing and reduce the massive backlog at the Board of Immigration Appeals (BIA). In reality, however, it badly limits — and in many cases effectively eliminates — immigrants’ ability to meaningfully appeal incorrect or unjust immigration court decisions.

What this means for you is that appeals will no longer automatically get a full review. Instead, most appeals will be quickly dismissed unless the BIA decides that a case raises an important or unusual legal issue that deserves closer attention.

Under this new system, if you appeal an immigration judge’s decision, the BIA will usually dismiss the appeal within about two weeks unless a majority of BIA members vote to accept it for full review. If your appeal is dismissed, the immigration judge’s decision becomes the final decision, and your next step would be federal court—not years of waiting at the BIA. Some cases are treated differently, including certain detained custody or bond cases and a limited number of special DHS-related appeals, but for most people, the process will now be much faster and much stricter.

The rule also shortens deadlines. In most cases, you now have only 10 days to file an appeal instead of 30. Many asylum cases still keep the 30-day deadline, but not all—especially if asylum was denied due to bars like the one-year filing deadline or a prior asylum denial. If the BIA does accept an appeal, both sides usually must submit written arguments at the same time within 20 days, extensions are rare, and reply briefs are generally not allowed unless the BIA specifically asks for one. Overall, this means there is much less room for delay and far less margin for error.

These changes make it more important than ever to act quickly and get strong legal guidance as soon as you receive a decision from an immigration judge. A missed deadline or a weakly prepared appeal could now end your case almost immediately.

If you or a loved one is in immigration court or considering an appeal, speak with an experienced immigration attorney right away. Call Shepelsky Law Group at 718-769-6352 to discuss your options, and stay informed by reading our latest immigration news and updates at www.Shepelskylaw.com. We cover all the 50 states for all USCIS, Immigration Courts and BIA matters.

2 months ago | [YT] | 0

Marina Shepelsky

New York Mayor Expands Protections for Immigrants from ICE

Mayor Mamdani Reinforces Immigrant Protections with Executive Order Against Abusive Immigration Enforcement

New York City Mayor Zohran Mamdani has signed a new executive order aimed at curbing what city officials describe as “abusive” immigration enforcement practices. The order reaffirms New York City’s long-standing sanctuary city policies and strengthens protections for immigrant communities across the five boroughs.

According to the Mayor’s office, the executive order is intended to limit unnecessary cooperation between city agencies and federal immigration authorities, including ICE, unless such cooperation is explicitly required by law. The administration emphasized that immigration enforcement should not interfere with access to essential public services or create fear within immigrant communities.

What the Executive Order Does

The executive order directs city agencies to:

Reaffirm compliance with New York City’s sanctuary laws;
Review and audit internal policies governing interactions with federal immigration authorities;
Ensure that ICE or other federal agents are not granted access to city property without proper legal authorization, such as a judicial warrant.
These measures are designed to prevent intimidation and unlawful enforcement actions in sensitive locations such as schools, hospitals, shelters, and other public facilities.

Why This Matters for Immigrants

Fear of immigration enforcement often prevents immigrants from reporting crimes, seeking medical care, or accessing social services. City officials argue that reinforcing sanctuary protections helps maintain trust between immigrant communities and local government institutions.

However, it is critical to understand that local executive orders do not override federal immigration law. While New York City may limit its own involvement in immigration enforcement, federal authorities still retain jurisdiction under U.S. immigration law. As a result, an individual’s immigration risk continues to depend on their specific status, prior immigration history, criminal record, and any past interactions with immigration authorities.

Legal Perspective from Shepelsky Law Group

From a legal standpoint, policies like this executive order can reduce the likelihood of arbitrary encounters with immigration authorities at the local level. That said, sanctuary protections are not a substitute for having a strong and well-planned immigration strategy. Every case is unique, and relying solely on city policies can create a false sense of security.

📞 If you have concerns about your immigration status, enforcement risks, or available legal options, it is essential to seek individualized legal advice.

Contact Shepelsky Law Group at (718) 769-6352 or schedule a consultation through our website at www.ShepelskyLaw.com. Our experienced immigration attorneys are here to help you protect your rights and your future in the United States.

2 months ago | [YT] | 3