Carl Shusterman Immigration Lawyer Blog

Immigration Blog

Former INS Attorney Carl Shusterman has been writing an immigration blog on a regular basis since 1996.

55,000 Green Cards for Employment-Based Immigrants

Think that the Democrats and Republicans in Congress will never be able to agree about immigration policy? Better think again! When I started working as an immigration attorney, Jerry Ford was the President of the United States. Over the past 35 years, I have seen the two parties unite to pass dozens of immigration laws. Yes, I know […]

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February 2011 Visa Bulletin: Frozen in Time

For over 3.5 million persons waiting in line to become permanent residents of the United States, the February 2011 Visa Bulletin signals yet another month of frustration. The numbers seem to be frozen in time. In the family categories, the worldwide visa numbers for the 1st, 2A, 2B, and 3rd preferences all failed to advance a single […]

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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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"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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USCIS’ New Citizenship Resource Center

The USCIS has added a new feature to its website, entitled the Citizenship Resource Center. I am impressed by this new service and I’ll tell you why. Back in the 1970s when I served as an INS Citizenship Attorney, I was appalled that the government had no program to help immigrants interested in becoming U.S. citizens. In fact, applicants […]

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