Carl Shusterman Immigration Lawyer Blog

Newsletter US Immigration Update January 2011

Volume Sixteen, Number One Special Message: With increased privacy and security concerns around the inbox, mostly due to viruses and spam, delivering our monthly newsletter to your e-mail address presents many challenges. Sometimes you don’t receive our newsletter. However, if you add our e-mail address to your address book or safe list, this should insure […]

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Immigration Legislation Outlook for 2011-2012

Immigration legislation in Congress ended on a sour note in 2010. The DREAM Act, after narrowly passing in the House of Representatives, failed to get the necessary 60 votes in the Senate required to overcome a threatened GOP filibuster. Comprehensive immigration reform never even came to a vote in the last Congress. What will the outlook be for immigration legislation in […]

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January 2011 Visa Bulletin – The Great Retrogression

It’s been several years since the employment-based preference categories developed huge backlogs. However, no one was prepared for today’s announcement from the State Department that most of the family-based categories will retrogress between one and three years beginning on January 1, 2011. Consider the worldwide categories: Beginning in January 1, the 1st preference category (unmarried sons and daughters […]

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Person in Removal Proceeding has Right to A-File

On November 10, the U.S. Court of Appeals for Ninth Circuit held, in Sazar Dent v. Holder, that a person in removal/deportation proceedings has a right to receive a copy of his administrative file (A-file). The case involves a man born in Honduras, who was brought to the U.S. as a child by an American […]

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Keeping the DREAM Alive

Congress may vote on the DREAM Act as early as this week. Unless the DREAM Act passes in lame duck session, it is unlikely that the new conservative Congress will pass this important piece of legislation into law during the next two years. All around the country, something incredible is happening. Student leaders across the U.S. […]

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Newsletter US Immigration Update November 2010

There will be no December newsletter as Mr. Shusterman will be visiting South America in November. Volume Fifteen, Number Ten Special Message: With increased privacy and security concerns around the inbox, mostly due to viruses and spam, delivering our monthly newsletter to your e-mail address presents many challenges. Sometimes you don’t receive our newsletter. However, […]

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Update on CSS, LULAC/Newman, and the Life Act: Federal Court Grants Motion to Amend CSS Case (2-18-02)

Memorandum to Class Members Please distribute this memorandum to late-amnesty applicants, advocates and lawyers From: Peter Schey, Center for Human Rights and Constitutional Law CATHOLIC SOCIAL SERVICES V. ASHCROFT: On February 15, 2002, U.S. District Judge Lawrence Karlton issued a 19-page Order granting plaintiffs’ motion to amend the complaint, add parties, and modify the class […]

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"New" EOIR Website: What’s New Except the Design?

On October 20, the Executive Office for Immigration Review (EOIR) rolled out its new website. The EOIR is composed of the (1) Immigration Courts; (2) Board of Immigration Appeals (BIA) and the (3) Office of the Chief Administrative Hearing Officer (OCAHO). The EOIR announced the coming of the new website in a press release dated […]

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USCIS Should Follow BALCA on Posting Requirement

Can a Saturday or a Sunday be a “business day”?  It depends on who you ask. The U.S. Department of Labor says yes, while the Department of Homeland Security thinks otherwise. What’s an employer to do? On October 12, the Board of Alien Labor Certification Appeals (BALCA) issued a decision “In the Matter of Il Cortile Restaurant”. This […]

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Sought to Acquire in CSPA Interpreted by BIA

In Matter of Murillo, the Board of Immigration Appeals interprets the phrase “sought to acquire” in the Child Status Protection Act. The  phrase “sought to acquire” in section 3 of the Child Status Protection Act (CSPA) was interpreted broadly by the BIA in M. The Board rejected the argument of the DHS which would have resulted in Mr. Murillo […]

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