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.

2 weeks 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.

2 weeks 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

2 weeks 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

2 weeks 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.

1 month 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.

1 month 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.

1 month ago | [YT] | 3

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.

3 months 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.

3 months 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 months ago | [YT] | 0