Carl Shusterman Immigration Lawyer Blog

New Bill Would Reduce Immigration Backlogs

Update: The Senate Parliamentarian ruled that the immigration provisions discussed below cannot be incorporated in the budget reconciliation bill. Senate Democratic leaders indicated they will turn to alternative immigration proposals that they will present to the parliamentarian soon. People who are have been stuck in long backlogs in the employment-based (EB) and family-based (FB) preference […]

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COVID-19 Vaccine Required For
Most Green Card Applicants

The Center for Disease Control (CDC) issued an order on August 25, 2021 which requires most green card applicants to receive a COVID-19 vaccine and be fully vaccinated. Otherwise, they will be considered inadmissible to the U.S. The order takes effect on October 1, 2021, and applies to both persons applying for adjustment of status […]

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Great News for U.S. Employers
Employment-Based Immigration Doubles on October 1st

 The new government fiscal year which starts on October 1, 2021 will be the best year ever for employment-based immigration. Generally, 140,000 persons annually are able to get green cards through employment-based immigration. However, in the coming fiscal year, the number will more than double to over 290,000. Why? Because of the pandemic, U.S. […]

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How a Defective NTA Could
Save You from Deportation

 In April 2021, the US Supreme Court held that a defective NTA does not give the government jurisdiction to place a person in removal proceedings. An NTA is a Notice to Appear in Immigration Court. Update: On September 23, 2021, the Board of Immigration Appeals, in Matter of Arambula-Bravo, in a narrow reading of […]

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Prosecutorial Discretion is Back!
Who Benefits?

 On May 27, 2021, John Trasviña, the Principal Legal Advisor for ICE, sent a memo to government attorneys enabling them to use prosecutorial discretion to dismiss pending cases in Immigration Court and to refrain from placing certain persons in removal proceedings. This memo could save many thousands of people, perhaps hundreds of thousands, from […]

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Niz-Chavez Decision
Could Save You From Deportation

 On April 29, 2021, the U.S. Supreme Court issued a decision in Niz-Chavez v. Garland that could save thousands of immigrants from deportation. Justice Gorsuch wrote the 6 to 3 majority decision. The Court held that the charging document for a removal proceeding, the Notice to Appear (NTA), is invalid if it does not […]

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Chats with Charlie

 If you are interested in knowing how the dates in the Visa Bulletin will advance or retrogress in the future, we are thrilled to tell you about the best way to do so, on the State Department’s new program entitled Chats with Charlie. @TravelGov will be hosting “Chats with Charlie” on our YouTube channel […]

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How the Dream and Promise Act
Would Help Legal Dreamers

On March 3, the American Dream and Promise Act of 2021 (H.R. 6) was introduced in the House of Representatives. The bill would offer a pathway to citizenship not only to the undocumented, but also to thousands of children of parents who came to the U.S. with certain types of temporary working visas, many of […]

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U.S. Citizenship Act of 2021
Impact on Legal Immigration

 The U.S. Citizenship Act of 2021 was introduced in the House of Representatives (H.R. 1177) and in the Senate in February 2021. Much has been written about how the bill would create a pathway to U.S. citizenship for DACA recipients, TPS holders, H-2A farmworkers and 11 million undocumented persons. The bill also contains provisions […]

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H-1B Online Registration Starts March 9, 2021

 The USCIS announced that employers subject to the H-1B cap can begin registering online at noon Eastern Time on March 9, 2021.  H-1B Online Registration will end at noon Eastern Time on March 25. On March 31, USCIS will begin notifying employers as to which workers were selected in the lottery. For each person […]

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