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Carl Shusterman
Los Angeles, California
Immigration Attorney with 33 years of experience specializing in immigration law. (Former INS Attorney 1976-82)
Recent Activity
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 the parties are so divided on the issue of what to do about the 12 million illegal immigrants in the U.S. that they couldn't even get together a few weeks ago to pass the DREAM Act. However, when it comes to reforming... Continue reading
Posted Jan 17, 2011 at Nation of Immigrants
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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 day. For persons in the 4th preference category, the news was much, much worse: the waiting time increased from 9 to 11 years. For persons in the already heavily backlogged family categories from the Philippines and Mexico, the advances were minimal, and for... Continue reading
Posted Jan 15, 2011 at Nation of Immigrants
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Immigration Legislation: Outlook for 2011-2012
Posted Dec 19, 2010 at Nation of Immigrants
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January 2011 Visa Bulletin: The Great Retrogression
Posted Dec 9, 2010 at Nation of Immigrants
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Persons in Removal Proceedings have Right to A-Files
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. The case involves a man born in Honduras who was brought to the U.S. as a child by an American woman, and who was later adopted by her. When the government tried to deport him for a criminal conviction, he argued that he was an American citizen by virtue of his adoption. The Immigration Judge and the BIA both agreed that he had been adopted, but... Continue reading
Posted Dec 3, 2010 at Nation of Immigrants
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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. are coming out and declaring that they are present in the U.S. without papers. This, of course, could lead to their being arrested and deported, and yet, they continue to do so in ever greater numbers. Consider David Cho, a 21-year-old senior at my... Continue reading
Posted Nov 28, 2010 at Nation of Immigrants
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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 October 19. The agency stated as follows: "The EOIR website has been a prominent site for respondents, representatives, nongovernmental organizations, the press, and the public to gain updated information about the agency. The new site offers a clean design that mirrors the look and feel... Continue reading
Posted Oct 24, 2010 at Nation of Immigrants
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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 case involves a PERM application for a chef, and has been bouncing around in the Labor Department (DOL) for three years. In May 2007, the employer posted a Notice of Filing (NOF) of a PERM application for ten consecutive days. The Certifying... Continue reading
Posted Oct 17, 2010 at Nation of Immigrants
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New BIA CSPA Decision
Being involved in a pending nationwide class action lawsuit regarding the Child Status Protection Act (CSPA) tends to focus one's attention on the operation of this statute. I try to read every CSPA decision rendered by a Federal Court or by the Board of Immigration Appeals (BIA). (Our final brief in the class action lawsuit was submitted to the 9th Circuit Court of Appeals on October 5th. We eagerly await the scheduling of oral arguments by the Court.) The day after we submitted our brief, the BIA, in Matter of Murillo (A099 252 007) interpreted the phrase "sought to acquire"... Continue reading
Posted Oct 13, 2010 at Nation of Immigrants
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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 had to line up at the Federal Building early in the morning, and wait in line for hours simply to obtain an application form. I developed a program where government attorneys visited evening Citizenship classes in Southern California. They spoke and... Continue reading
Posted Oct 8, 2010 at Nation of Immigrants
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Latinos Must Show Their Muscle in November
When the economy is in the tank, voters look for a scapegoat. Back in 2005, when the economy was flourishing (Remember?), the McCain-Kennedy Comprehensive Immigration Reform (CIR) bill was co-sponsored by a bipartisan coalition of Senators including Republicans like Lindsay Graham of South Carolina, Sam Brownback of Kansas, Mel Martinez of Florida and Lincoln Chafee of Rhode Island, not to mention an obscure Democrat freshman from Illinois by the name of Barack Obama. In the 2008 Presidential elections, Senator Obama promised to push for CIR, and the Latino vote in states like Colorado and New Mexico helped propel him to... Continue reading
Posted Oct 6, 2010 at Nation of Immigrants
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Private Bill Saves Family from Deportation
Posted Sep 22, 2010 at Nation of Immigrants
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Thai CDC Combats Human Trafficking and Modern Day Slavery
The Thai Community Development Center (Thai CDC) was founded in 1994 by leading human rights activist, Chanchanit Martorell, on the idea that all peoples have a basic right to a decent standard of living and quality of life. Yet, in the Thai and other disadvantaged communities, people are living in substandard housing and lack access to basic health services, education and quality employment. As a social change organization engaged in human rights advocacy and broad based community development, the Thai CDC seeks to empower the most vulnerable and economically disadvantaged members of the Thai community. They include poor recent immigrants,... Continue reading
Posted Sep 18, 2010 at Nation of Immigrants
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Asylum: Some Progress, But Much More Needs to be Done
Posted Sep 11, 2010 at Nation of Immigrants
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Let Avvo Help You Choose an Excellent Attorney
Posted Sep 8, 2010 at Nation of Immigrants
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Does Arizona Really Want Tough Immigration Enforcement?
Posted Sep 5, 2010 at Nation of Immigrants
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Time for ICE Memo Critics to Chill
Posted Aug 29, 2010 at Nation of Immigrants
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The Family 2A Category Rocks!
Many of our clients have been crying tears of joy because of the September Visa Bulletin. The best news is the advance in the family-based 2A category. Just one year ago, the wait exceeded five years. Now, the wait is down to just 8 months! This is very important to persons who were granted green cards under the EB-3 category before the retrogression, and who have been waiting for years for their spouses/children to “follow to join” them. Last week, I spoke to a nurse who got her green card in 2007 based on her 2006 EB-3 priority date. She... Continue reading
Posted Aug 28, 2010 at Nation of Immigrants
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Why Matter of Wang Got It Wrong - Four Fallacies
Posted Aug 25, 2010 at Nation of Immigrants
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The September 2010 Visa Bulletin: Great Leap Forward, for Some
Posted Aug 18, 2010 at Nation of Immigrants
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Hollywood vs. USCIS
Posted Aug 10, 2010 at Nation of Immigrants
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Back Door Amnesty? Read the Memo!
Posted Aug 3, 2010 at Nation of Immigrants
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Judge Overturns Arizona Law
Posted Jul 28, 2010 at Nation of Immigrants
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September 2010 Visa Bulletin – The Great Leap Forward?
Posted Jul 21, 2010 at Nation of Immigrants
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Guess Who's Coming to the United States
Posted Jul 18, 2010 at Nation of Immigrants
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