Carl Shusterman Immigration Lawyer Blog

U.S. Immigration Blog

US Immigration Blog by former INS Trial Attorney Carl Shusterman. How to get a temporary working visa, a green card and U.S. citizenship.

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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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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New USCIS Filing Fees Coming Soon?

On September 29, a Federal Judge issued a temporary injunction blocking the government from raising USCIS filing fees for immigration benefits on October 2, 2020. We will continue to update you on the progress of this lawsuit. The chart below details the new USCIS filing fees which were scheduled to take effect on October 2, […]

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Supreme Court Ruling Could Impact the Future of DACA

The Future of DACA On June 18, 2020, the US Supreme Court ruled that the Trump Administration’s termination of the Deferred Action for Children Arrivals (DACA) program violated Federal law. In a 5-4 decision written by Chief Justice Roberts, the Court held that the DHS’s decision violated the Administrative Procedures Act. The majority opinion explained […]

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Trump Visa Ban Extended and Expanded

On December 31, 2020, President Trump extended visa ban which suspended the issuance of many categories of temporary work visas for persons outside the U.S.   The visa ban does not affect persons who apply within the United States for extensions of stay, changes of status or adjustment of status. In his original proclamation, President Trump […]

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Harsh New Asylum Regulation Proposed

A 161-page asylum regulation was proposed the DHS and the Department of Justice on June 15, 2020. The new rule would greatly restrict our country’s asylum system.  There is a 30-day period for the public to comment on the proposed rule. The government states the proposed rule would “more effectively separate baseless claims from meritorious ones. […]

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USCIS Resumes Premium Processing Service (June 2020)

USCIS announced that it will resume premium processing service for eligible I-129 and I-140 visa petitions during June 2020. Premium processing service had been temporarily suspended due to the COVID-19 pandemic. The resumption of premium processing service is scheduled to occur on a week-to-week basis as follows:   June 1 USCIS will begin accepting Form […]

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