Carl Shusterman Immigration Lawyer Blog

Section 245k Adjustment of Status

 Section 245k of the immigration law allows most employment-based applicants to adjust status in the US even if they overstayed or violated their status for a certain period of time. For persons in the family-based categories and some of the employment-based categories, in order to adjust their status in the US, persons must maintain […]

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Naturalization – How to Become a US Citizen

Once you have a green card, how and when can you become a US citizen through naturalization? The process of becoming a citizen of the United States is becoming increasingly complex, lengthy and expensive. When Attorney Carl Shusterman worked for the INS as a Naturalization Attorney, the N-400 citizenship application was just 4 pages long […]

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Denaturalization Task Force

 The USCIS has established an office in Los Angeles to focus on denaturalization. It will refer potential cases to the US Department of Justice. The USCIS cannot assure compliance with the law because old paper-based records containing fingerprint information from the FBI and DHS can’t be searched electronically. All such records need to be […]

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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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Tired of Waiting for the USCIS? Think Mandamus!

If you have been waiting too long for USCIS to approve your case, you should consider filing a Petition for a Writ of Mandamus in Federal Court. What’s the most common complaint of people who have applied for immigration benefits? And for those who have been interviewed by the USCIS? Take a wild guess or […]

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Recruiting International Nurses
March 9 Webinar

On March 9, I will be conducting a webinar for the Hospital Association of Southern California (HASC) explaining to employers across the U.S. how to go about recruiting international nurses and sponsoring them for temporary visas and green cards. The shortage of RNs is continuing to grow, and for the past few months, I have […]

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Biden Makes It Easier for STEM Professionals
To Get OPT, Work Visas & Green Cards

On January 21, 2022, the Biden Administration announced a number of reforms to benefit the U.S. economy by making it easier for foreign-born STEM professionals to work using OPT, J-1 and O-1A temporary work visas.  In addition, the reforms would increase their ability  to qualify for green cards under the national interest waiver program. For […]

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International RNs: An Employers Guide
To Getting Green Cards & Work Visas

The shortage of Registered Nurses (RNs) in the U.S. continues to expand as the COVID-19 crisis drags on.  With more than half a million RNs anticipated to retire by 2022, the U.S. Bureau of Labor Statistics projects the need for 1.1 million new RNs for expansion and replacement of retirees. U.S. nursing schools have not […]

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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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