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 days 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.

3 days 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.

5 days 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.

1 month 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.

1 month 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

1 month ago | [YT] | 0

Marina Shepelsky

USCIS Expands Social Media Screening: What Immigrants Need to Know

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

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

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

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

We advise our clients to:

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

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

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

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

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

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

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

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

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

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

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

2 months ago | [YT] | 0

Marina Shepelsky

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2 months ago | [YT] | 0

Marina Shepelsky

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3 months ago | [YT] | 0

Marina Shepelsky

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

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

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

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

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

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

Examples:

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

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

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

They were admitted (entered legally).

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

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

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

This means:

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

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

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

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

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

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

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

“Lawful status” = still following the visa rules

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

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

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

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

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

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

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

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

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

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

3 months ago | [YT] | 0