Carl Shusterman Immigration Lawyer Blog

How a Defective NTA Can
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. Defective NTAs The U.S. Supreme Court, in Niz-Chavez v. Garland, held that the law requires that an NTA inform […]

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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 – July 19, 2021
August Visa Bulletin

 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. The Visa Bulletin is published on a monthly basis by the […]

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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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U.S. Citizenship Act of 2021

On January 20, 2021, President Biden sent the U.S. Citizenship Act of 2021 to Congress. The bill was introduced in the House of Representatives on February 18 and in the Senate on February 22. We will continue to follow the progress of this very important piece of legislation. The bill would modernize our immigration system […]

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Biden and Congress Need to Act in 2021
To Keep Immigrant Families Together

President-Elect Biden and Congress have the opportunity to act on an important, if much overlooked, immigration issue in 2021. The passage of a simple amendment could prevent thousands of family members who follow the law from being separated for years, decades or even a lifetime through no fault of their own. Generally, when a person […]

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Biden Immigration Plan
7 Important Take-Aways

The Biden Immigration Plan would restore and improve our current immigration system. On January 20, 2021, President Biden signed a number of Executive Orders reversing some of Trump’s immigration policies. Some of these changes can be implemented within the first 100 days of the Biden Presidency, others must be passed by both the House of […]

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