Carl Shusterman Immigration Lawyer Blog

Tovar: New CSPA Decision Could Help Keep Families Together

On February 14, 2018, the US Court of Appeals for the 9th Circuit, in Margarito Rodriguez Tovar v. Jefferson Sessions reinterpreted a section of the Child Status Protection Act (CSPA) in a way which could help keep many immigrant families intact. The Court overturned a decision by the Board of Immigration Appeals (BIA) that the son of […]

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I-751 Success Story: Proving that a Marriage is Bona Fide

Over 4 years ago, a man with a denied I-751 who was in deportation proceedings scheduled a telephonic consultation with me. He had a US citizen girlfriend who he lived with and later married. However, her parents did not approve of him and she did not reveal to them that she had married him. She sponsored […]

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Limiting Administrative Closure by Immigration Judges

Jennifer Rozdzielski, Esq. On January 4, Attorney General Jeff Sessions referred the decision of the Board of Immigration Appeals in Matter of Reynaldo Castro-Tum to himself. Attorney General Sessions will review issues relating to the authority of Immigration Judges to “administratively close” removal proceedings. “Administrative closure” is a process Immigration Judges use to temporarily remove […]

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BIA Restricts Pereira v Session
in Matter of Bermudez-Cota

On August 31, 2018, the Board of Immigration Appeals (BIA) issued a decision in Matter of Bermudez-Cota which attempts to severely limit who benefits from the Supreme Court’s decision in Pereira v. Sessions. German Bermudez-Cota was born in Mexico and entered the U.S. in 1991. More than two decades later, in 2013, he was served with a […]

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Shusterman’s Immigration Update September 2018

Volume Twenty Three, Number Nine SHUSTERMAN’S IMMIGRATION UPDATE is the Web’s most popular e-mail newsletter regarding US immigration laws and procedures with over 60,000 subscribers located in more than 150 countries. It is written by a former INS Trial Attorney (1976-82) with over 40 years of experience practicing immigration law. Published by the Law Offices […]

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Sessions v. Dimaya: Supreme Court Victory for Immigrants

On April 17, 2018, the US Supreme Court ruled in Sessions v. Dimaya that a Filipino man with 2 burglary convictions who had become a US permanent resident as a child is entitled to a hearing before an Immigration Judge where he can apply for relief from removal. James Dimaya immigrated to the US in […]

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An EB-1 Green Card for an Extraordinary Post-Doc

Recently, a couple retained our law firm to help them with two different issues. The wife was a physician who needed a J waiver. The husband had a Ph.D. in Physics and was working as a J-1 post-doctoral researcher. Any chance he could qualify for an EB-1 green card? We were able to help the […]

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H-1B Lottery Selections Made by USCIS: What’s Next?

 The H-1B lottery is a disgrace.  The number of cap-subject H-1B petitions submitted by employers during the first week of April fell for the second year in a row. Approximately 190,000 petitions were filed, down from 199,000 last year and 236,000 the year before. Over 95,000 of the submissions were for persons who have advanced […]

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Dreamers Should Not be Held Hostage
To An Ugly Anti-Immigration Agenda

The clock is ticking for the Dreamers. Last September, President Trump, in response to the threat of a lawsuit by 10 Republican Attorney Generals, announced that DACA would be ended on March 5, 2018. He stated that he would be pleased to sign legislation which would benefit Dreamers, and that 6 months was plenty of […]

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Is it Chain Migration When Its Melania’s Parents?

The parents of Melania Trump became US citizens on August 9, 2018. They immigrated to the U.S. several years ago when they were sponsored by their daughter after she became a naturalized citizen. Ironically, this is what President Trump refers to as “chain migration”. Trump claims that this is ruining our country and calls it […]

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