Author Archives: Claudia Slovinsky

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About Claudia Slovinsky

Claudia Slovinsky is a Principal Attorney at Claudia Slovinsky and Associates, PLLC in New York, New York.

EMAIL: cslovinsky@slovinsky.com

BIO: About Claudia

PHONE: (212) 925-0101

DHS Takes First Step Towards Using Social Media to Investigate Applicants for Entry to U.S.
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Authored by , re: Immigration law, LAW RELATED ARTICLES, on .
DHS Takes First Step Towards Using Social Media to Investigate Applicants for Entry to U.S. | Claudia Slovinsky

{7 minutes to read} The Department of Homeland Security (DHS) has proposed a regulation aimed at broadening its authority to gather information about immigrants’ social media presence. The proposal is to add the following question to the I-94W (Nonimmigrant Visa Waiver Arrival/Departure Record) and the Electronic System for Travel Authorization (ESTA), both of which are required to be completed by travelers under the Visa Waiver Program prior to being admitted into the US. (The Visa Waiver Program allows citizens or nationals of 38 participating countries to travel to the United States for tourism or business stays of 90 days or less, without first obtaining a visa.)

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When Don’t You Need an Affidavit of Support to Get a Green Card?
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Authored by , re: Immigration law, on .
When Don’t You Need an Affidavit of Support to Get a Green Card? | Claudia Slovinsky

{5:36 minutes to read} The Affidavit of Support (Form I-864) is a requirement for most family-based green card cases and some employment based green card applications. It is a legally enforceable contract to ensure that the green card applicant—the family member applying for his/her green card—will have adequate means of financial support and is unlikely to become a “public charge” after entering the United States. A “public charge” refers to a person who becomes reliant on the government for certain public assistance or benefits. An applicant for a green card must prove that he or she is not likely to become a public charge, otherwise he or she will be found to be inadmissible to the United States.

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I Have Temporary Protected Status. Can I Adjust Status to Legal Permanent Residence in the U.S.?
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Authored by , re: Immigration law, on .
I Have Temporary Protected Status. Can I Adjust Status to Legal Permanent Residence in the U.S.? | Claudia Slovinsky

{ 7:54 minutes to read} There are currently more than 340,000 foreign nationals in the United States with Temporary Protected Status (TPS). These are individuals who arrived before a designated date from countries that the U.S. government has determined to not be safe to return nationals because of conditions there, including war, hurricanes, earthquakes, disease epidemics and other catastrophes.

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DHS Proposed Filing Fees Will Increase Financial Burden on Immigrants
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Authored by , re: Immigration law, on .
DHS Proposed Filing Fees Will Increase Financial Burden on Immigrants | Claudia Slovinsky

By Leena Khandwala, Associate Claudia Slovinsky and Associates, PLLC {6:18 minutes to read} The Department of Homeland Security (DHS) is seeking to raise the filing fees charged by the United States Citizenship and Immigration Services (USCIS), which, if successful, would significantly increase the cost of applying for most immigration benefits. The average proposed increase across the board is 21%. While the most significant increases are for visas in the employment-based categories, including H-1B visas for professionals in specialty occupations, L-1 visas for intra-company transferees, and EB-5 visas for immigrant investors, family-based categories will see substantial increases as well.

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Proposed Elimination of 90-Day Interim Employment Authorization Document — Bad News for Immigrants
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Authored by , re: Miscellaneous, on .
Proposed Elimination of 90-Day Interim Employment Authorization Document — Bad News for Immigrants | Claudia Slovinsky

{5:30 minutes to read} USCIS has proposed to eliminate longstanding regulations that require the agency to grant an interim Employment Authorization Document (EAD) to an initial applicant if the agency does not adjudicate the EAD application within a 90-day period. The interim EAD, which is valid for up to 240 days, protects the rights of certain applicants for immigration benefits to continue or accept employment if the agency fails to adjudicate their EAD within a reasonable period of 90 days. Eliminating these regulations would greatly harm immigrants, their families (many of whom are U.S. citizens), and employers seeking to hire immigrants. In cases of USCIS inefficiency or delay, it would leave applicants without any viable remedy to enforce their right to work lawfully.

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What to Consider When Transferring H-1B Workers Overseas
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Authored by , re: Immigration law, on .
What to Consider When Transferring H-1B Workers Overseas|Claudia Slovinsky

au{4:35 minutes to read} By Dominic Kong, Claudia Slovinsky and Associates, PLLC Recently, an employer asked me whether it can send one of its H-1B workers to manage an assignment at its overseas office in Shanghai, China, for a 2-year period and what impact this would have on his immigration case.  This is one of the frequently asked questions for companies with a global presence. To answer it, we need to analyze how this outbound immigration may or may not impact the foreign national employee’s H-1B status and pending employment-based Green Card process, as well as the employer’s obligations and liabilities in regard to these applications.

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Popular Visa Waiver Program Gets New Restrictions
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Authored by , re: Immigration law, on .
Popular Visa Waiver Program Gets New Restrictions | Claudia Slovinsky

{4:18 minutes to read} A law went into effect on January 21, 2016, that puts new restrictions on the U.S. entry program utilized by millions of tourists and business visitors from 38 countries. The Visa Waiver Program (VWP) allows citizens from these designated countries to bypass the general requirement of applying for and obtaining a visa from a U.S. Consulate abroad before being able to enter the U.S. Those individuals who are now excluded from the program under the new law will have to make an application for a visa at a U.S. Consul before traveling to the U.S.

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“Sorry Boss, those documents that I gave you years ago for Form I-9 were phonies!”
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Authored by , re: Immigration law, on .
“Sorry Boss, those documents that I gave you years ago for Form I-9 were phonies!” | Claudia Slovinsky

By Dominic Kong Senior Associate Claudia Slovinsky and Associates, PLLC What do you do as an employer when your employee presents you with a new social security number and an employment authorization document and tells you that the documents that he or she previously provided to you were not genuine? The Civil Rights Division of the U.S. Department of Justice has discussed this scenario in a letter responding to an employer’s inquiry. The letter only discusses the potential liability of the employer and the corrective action the employer should take. It does not address any issues the employee may face in having used false documents or documents that were not his or hers.

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What Happens When the I-130 Petitioner Dies?
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Authored by , re: Immigration law, on .
What Happens When the I-130 Petitioner Dies? | Claudia Slovinsky

{ 11 minutes to read} Family reunification is a key principle underlying U.S. immigration policy. And family based sponsorship remains the most frequently used means of immigrating to the U.S. According to the Congressional Research Service, 66% of foreign nationals admitted to the United States in fiscal year 2013 as lawful permanent residents (LPRs) were admitted on the basis of family ties. U.S. Immigration law allows for U.S. citizens and LPRs to sponsor various categories of family members, including:

  • Spouses;
  • Parents;
  • Children; and
  • Siblings.

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USCIS Proposes Positive Change to Extreme Hardship Evaluation in Waiver Cases
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Authored by , re: Immigration law, on .
USCIS Proposes Positive Change to Extreme Hardship Evaluation in Waiver Cases | Claudia Slovinsky

{ 4:36 minutes to read} The U.S. Citizenship and Immigration Services (USCIS) has issued a proposed change to their policy guidelines as to how “extreme hardship” will be determined in deciding various waivers of inadmissibility that require extreme hardship to a qualifying relative. Public comment on the change can be submitted until November 23, 2015. Foreign nationals who are applying for green cards can be found to be inadmissible on a number of different grounds:

  • Fraud;
  • Some criminal convictions;
  • Having overstayed in unlawful presence in the United States.

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