65 BROADWAY * SUITE 734 * NEW YORK, N.Y. 10006
Office: 212-379-6471 
Cell: 917-279-0134
Email: sophia@solovyovalawfirm.com 
Website: www.solovyovalawfirm.com
Read In This Issue:
Civil Rights: Successful Cases

SuccessCIVIL RIGHTS: SUCCESSFUL CASES

False Arrest.  Our firm represented a young Hispanic man who was falsely arrested for a drug sale and  jailed over a weekend.  The client was arrested despite not engaging in any criminal activity: he was not present at the scene of the alleged drug sale and had no drugs on him at the time of the arrest.  The case was filed in the U.S. District Court for the Southern District of New York and the plaintiff asserted federal and state law claims for false arrest, excessive force and malicious prosecution.  The case settled during mediation.
 
Excessive force/assault on a Rikers Island inmate.  We represented a Rikers Island inmate who was brutally assaulted by three correctional officers inside his cell -simply for requesting a larger jumpsuit. After the assault, the officers forged paperwork and accused the detainee of assaulting them , placed him in a solitary confinement cell without running water , and failed to provide him with adequate medical treatment for his injuries. The case was filed in the U.S. District Court for the Southern District of New York and settled after discovery, which uncovered a prior disciplinary action against the defendant correctional officers for assaulting another inmate under similar circumstances.

VictimVictim of Police Misconduct (unlawful arrest/excessive force)?
Make sure to file your Notice of Claim within 90 days 

Police misconduct is a hot topic of discussion throughout the country as a result of the excessive force incidents that have made the headlines. The unfortunate truth is anyone can become victim of a false arrest or excessive force.  Immigrants are especially vulnerable, as they lack access to the justice system and often do not understand their rights.  As a result, they are less likely to take action when faced with police misconduct. 

In New York City, you must act quickly to preserve your ability to pursue your case and your right to seek compensation for your injuries.  Within 90 days of an incident, you must file a "Notice of Claim" with the New York City Comptroller Office. The Notice of Claim must include the claimant's personal information and provide a complete description of the incident, including when it occurred, where it occurred, who it involved (including all information known about the police officers), what happened, and how the claimant was injured.  It must also be notarized by the claimant. Then, the City will investigate the claim. It is highly advisable to have an experienced attorney help you navigate this process. If you don't file the claim within 90 days, you may still have an opportunity to file a lawsuit in the U.S. District Court.  The time limit to file in Federal Court is 3 years.

Immigration IMMIGRATION ADVICE: 
Don't become a victim of unauthorized immigration practice (Notario Fraud)

Unauthorized immigration practitioners, the so-called " Notarios," target immigrant communities and often cause serious damage to an immigrant's case.

Fraudulently representing themselves as attorneys (or otherwise qualified individuals), they offer immigration services despite lacking the necessary licenses or qualifications. These people prey on immigrant communities who are often from the same country of origin as the notario, thus establishing trust and common ground.

While in some Latin American countries, "Notario publico" is similar to a lawyer, it is not a title that is recognized in the United States. In the U.S., a notary public is only authorized to witness the signing of forms, not to practice law or offer legal advice. In the U.S., you need to be a licensed attorney to offer any legal advice. Even the seemingly minor things-like filling out forms or a green card application should only be done only by a licensed attorney.

Using the services of unlicensed can be dangerous. Immigration law is complex and is constantly changing with daily decisions coming down from the Board of Immigration Appeals and various Circuit Courts. One mistake or a missed deadline can result in a denial of a green-card, deportation, or losing out on the ability to obtain legal residency.

Before you seek immigration services, it's important to find out whether the person offering them is actually authorized to offer advice. Thus, you need to ask to see their license, insist on a written contract, keep all the receipts. Never trust anyone who claims to know "back door" methods or ask you to sign blank forms or applications with false information.

When the stakes are this high, it is highly advisable to secure a licensed and experienced immigration attorney. Most importantly, don't let yourself be taken advantage of.

S4
NEWS IN IMMIGRATION: 
November 2015 Visa Bulletin with two visa charts

Only Immediate Relatives of the U.S. citizens are not subject to the green card quota and may apply for and receive their green cards without waiting in line.  Immediate relatives are spouses, parents, whose U.S. citizen children are over 21 years of age, and unmarried children younger than 21 of U.S. citizens.  

All other qualifying relatives of U.S. citizens and Green Card holders are subject to quotas on the number of green cards that become available each year and must wait for their "priority date."   These qualifying relatives are divided into five categories:  

Category F1: Unmarried sons and daughters of U.S. citizens 
Category F2A: Spouses and children of Permanent Residents 
Category F2B: Unmarried sons and daughters (21 and older) of Permanent Residents 
Category F3: Married Sons and Daughters of U.S. Citizens 
Category F4: Brothers and Sisters of U.S. Citizens 

Every month, the State Department publishes the Visa Bulletin which shows who is able to apply for their green card (whose priority date is current).  The priority date is printed on the receipt that USCIS mails out after it receives a petition.  

As of October 2015, the Visa Office of the Department of State started issuing two visa charts.  One chart shows the dates your priority date actually becomes current.  The second chart shows the time your Form I-485 (adjustment of status in the United States) can be filed and the time that visa packages can be submitted to the National Visa Center.  The second chart will allow applicants in the U. S. to file their adjustment of status applications much earlier than their current priority date. To check if your priority date is current and to find out the date you can file your application, click here for  November Visa Bulletin.


Apply until noon on November 3, 2015.  Winners will be selected in May 2016. Not all countries qualify. Be sure to check the requirements here:  2017 Lottery Instructions and Application

NB: Applying for the lottery is free and it's best to apply by yourself. However, if you win, make sure to consult an immigration lawyer, especially if you fall out of status, have previous immigration violations, or have unlawful presence in the U.S. 

JOIN US AT THE THEATER

REMOVAL, an exciting new play by my colleague Chuck Conroy about two immigrants who find themselves caught up in America's deportation system - a Haitian escaping the torture he suffered back home at the hands of his government and a mentally ill Cambodian brought to the U.S. as a young child decades ago. Their attorney, Jennifer Coral, fights to keep them both in the U.S., but their common struggle opens old wounds and exposes a deep political and cultural rift in America.

October 28, 2015, 6:30pm
October 29, 2015, 6:30pm
October 30, 2015, 6:30pm - SOLD OUT
(Possible Extensions: November 1 @3pm, November 5 @6:30pm)

Manhattan Repertory Theatre 
303 W 42nd Street, 6th Floor (on the corner of 42nd Street and 8th Avenue)
Ticket: $20 at the door 
RESERVATIONS at  manhattanrep.com

For more information, see Facebook page  here 

FREE IMMIGRATION CONSULTATION AND CASE ASSESSMENT

First Monday of Every Month                                   Cada Primer Lunes del Mes
 
Talk with an immigration lawyer.     


Get the information you need about:
 

1. Naturalization
2. Permanent Residence
3. Employment Authorization  in the US
4. Deferred Action for Childhood Arrivals (DACA)
5. Temporary Protected Status (TPS)
6. 245(i) applications
7. Waivers
And much more!
Habla con un abogado de la ley de inmigración.
 
Obtenega la información que necesitas sobre:
                                                                   
1. Ciudadania y Naturalización
2. Residencia permanente
3. Permiso de Trabajo en los Estados Unidos
4. Acción diferida para salidas de la infancia (DACA)
5. Estatus de Protección Temporal (TPS)
6. 245(i) aplicaciones
7. Exenciones
Y mucho mas!                               

RESERVE YOUR FREE 
CONSULTATION IN ADVANCE BY CALLING:
(212) 379-6471                                              


TO MAKE AN APPOINTMENT, 
CALL  212-379-6471 or EMAIL sophia@solovyovalawfirm.com 

Sophia Solovyova
| Law Office of Sophia Solovyova | sophia@solovyovalawfirm.com |
 


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