Orphan Gets Green Card

Former INS Trial Attorney Carl Shusterman (1976-82) explains how a 16-year-old orphan from Canada was allowed to obtain a green card. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

One afternoon, I received a phone call from a newspaper reporter about a teenager in Canada named Guy Taylor whose mother had died unexpectedly.  He never knew his father.  His grandparents, aunts, uncles and cousins all lived in Southern California.  He called his grandmother who immediately flew up to Vancouver to get her daughter's body and to bring her grandson to the US to live with her and her husband.

The INS was reluctant to allow Guy to enter the US, but eventually granted him a "humanitarian parole" good for one year.

I got involved in the case and quickly learned that there was no legal solution.  Since Guy was already 16 years old, even if his relatives adopted him, US immigration laws would not let them sponsor him for a green card.

The only possible solution was a huge long shot: getting a private bill through both the Senate and the House of Representatives and then signed by the President.

After we succeeded in getting a lot of publicity for our client, Senator Dianne Feinstein introduced a private bill in the US Senate on Guy's behalf.  This bill was ultimately signed by President Bill Clinton, and Guy became a green card holder.

As soon as Guy got his green card, he immediately joined the US Army.  He is now a proud citizen of the United States..

Please see http://shusterman.com/canadianorphangetsgreencard.html

Conrad 30 Waivers for Physicians

Former INS Attorney Carl Shusterman (1976-82) explains how foreign-born physicians can obtain J waivers under the Conrad 30 program.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Each state in the US (plus the District of Columbia, Puerto Rico and Guam) is permitted to sponsor up to 30 foreign-born physicians each year for J waivers under the Conrad 30 program.  See http://shusterman.com/jwaiversfordoctors.html#3

After the state recommends a physician for an Interested Government Agency (IGA), the waiver application must be approved by the State Department and ultimately by the USCIS.

Most of the physicians must work in medically-underserved areas for a minimum of 3 years to qualify.  While half a dozen states fill their quotas within a day or two, over 40 states have never had 30 qualified physicians apply for waivers.

States are now able, as well, to offer up to 10 FLEX waiver spots, for physicians agreeing to work in areas which are not designated as underserved, but that serve individuals residing in neighboring underserved communities.

Each state has its own rules regarding when and how physicians must apply for J waivers and we link to the websites of each state.  California is the only state which sponsors only primary care physicians, although if California is not close to using all of its 30 slots, during the last quarter of the federal fiscal year, it will sponsor specialists.

We have helped thousands of IMGs obtain J waivers, H-1B visas and green cards across the US for the past 30 years.

For additional information, see our Physicians Immigration Guide at http://shusterman.com/physiciansusimmigration.html

J Waivers for IMGs

Former INS Attorney Carl Shusterman (1976-82) discusses the requirements for physicians who have received J waivers.  Also discussed are O visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

States require that IMGs pass certain tests and complete a medical residency program in the U.S. before they can qualify for licenses.

US immigration laws compel thousands of IMGs to obtain “J-1″ visas in order to pursue medical residencies and fellowships in the U.S. By law, any IMG who uses a J-1 visa for this purpose is subject to the 2-year foreign residency requirement.

The law provides that the 2-year residency requirement may be waived under the following circumstances:

1) If the IMG can demonstrate that he cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion or political opinion;

2) If the IMG can prove that returning to his country would result in “exceptional hardship” to his spouse or children who are U.S. citizens or permanent residents; or

3) If the IMG is sponsored by an “interested governmental agency”.
Because waivers based on persecution or hardship are rare, most IMGs who seek waivers do so by searching for an interested governmental agency to sponsor them.

Typically, these IMGs will obtain an offer of employment in a Health Professional Shortage Area (HPSA) or in a Medically-Underserved Area (MUA) for a minimum of 3 years and will apply to either the State's Conrad 30 Program or a Federal Interested Governmental Agency (IGA) for a J waiver.

For additional information regarding the J waiver process, and for links to websites of the Conrad 30 and the Federal IGA programs, please see http://shusterman.com/jwaiversfordoctors.html

Physicians: Non-EB Immigration

Former INS Attorney Carl Shusterman (1976-82) explains how physicians can obtain permanent residence through marriage, relatives, visa lottery, etc. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Quite a few of the thousands of IMG physicians that we have obtained J waivers for do not have to go through either the PERM or the NIW process in order to get green cards.

Many of them are married to US citizens.  It is usually a quick and simple process to get a green card through your spouse.  See http://shusterman.com/greencardsthroughmarriage.html

Other physicians have spouses who qualify for green cards either through employment or through relatives while the physicians are fulfilling their 3-year J waiver employment.  Some physicians are married other physicians, to registered nurses or to other professionals.  See http://shusterman.com/greencardsthroughemployment.html and http://shusterman.com/greencardsthroughrelatives.html

Finally, there are a few physicians who win the Visa Lottery, qualify as EB-5 Investors or for asylum.

For more information please visit our Physicians Immigration Guide:  http://shusterman.com/physiciansusimmigration.html

Physicians: EB Immigration

Former INS Attorney Carl Shusterman (1976-82) explains how physicians can obtain permanent residence through their employment. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Most physicians who obtain permanent residence in the US through their jobs do so ever through (1) the PERM process or by (2) obtaining a National Interest Waiver (NIW).

The physician's employer can advertise the job, and then submit a PERM application to the US Department of Labor showing that no qualified US physicians applied for the job.  There is no requirement that the physician remain working for the sponsoring employer for any specific period of time.  However, since most International Medical Graduates (IMG) pursue their medical residencies and fellowship in J-1 exchange visitor status, they are subject to a 2-year home residency requirement.  In order to qualify for a "J waiver", the physician must enter into a 3-year contract with an employer in a medically-underserved area or with the Veterans Administration (VA).

Alternatively, if the physician if willing to work for the VA or in a medically-underserved area for a minimum of 5 years, he/she is eligible to immigrate through a National Interview Waiver (NIW).  Please see http://shusterman.com/nationalinterestwaiversphysicians.html

Over the past 30+ years, we have obtained green cards for thousands of physicians using both PERM applications and NIWs.  Our law firm won a landmark case in Federal Court, Schneider v. Chertoff,  which forced the USCIS to remove restrictions on the ability of physicians to qualify for NIWs.  See http://shusterman.com/pdf/physicians-nationalinterestwaivers2007.pdf

See some of our physicians success stories at http://shusterman.com/physiciansusimmigration.html#2

Physicians: Federal IGA Waivers

Former INS Attorney Shusterman (1976-82) discusses how a physician can obtain a J waiver through a Federal Interested Government Agency (IGA). Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Interested Federal Government Agencies include:

(1) Veterans' Administration (VA)

If a VA hospital hires a physician who has completed his medical residency or fellowship as J exchange visitor, they can sponsor the doctor for a waiver of the two-year home residency requirement.

The doctor must sign a three-year contract with the VA.  There is no need for him to work in a HPSA or a medically-underserved area.

(2) Department of Health and Human Services (HHS)

HHS will sponsor both primary care physicians with job offers in medically-underserved areas as well as researchers for J waivers.  These physicians/researchers must fulfilled the obligations of their  3-year contracts.

(3) Appalachian Regional Commission (ARC)

Under certain circumstances, the Appalachian Regional Commission will request a waiver of immigration requirements for foreign-trained physicians doing residency work in the United States under a J-1 visa. Physicians receiving these waivers must practice for at least three years in rural Appalachian areas that suffer significant shortages of health care providers. These areas, called Health Professional Shortage Areas, are identified by the U.S. Public Health Service.


(4) Delta Regional Authority (DRA)

The DRA recommends J-1 visa waivers to the State Department. A J-1 visa waiver obtained under the Delta Doctors program allows graduates to stay in the US if they spend at least 3 years in a medically under-served area. The physicians must provide primary care in their specialty fields for at least 40 hours a week. The Delta Doctors program also accepts waiver requests for medical specialists.  Physicians must also provide care to the indigent, Medicaid recipients, and Medicare recipients.

For more information, please see http://shusterman.com/internationalmedicalgraduatesimmigration.html

Immigration Court: How to Win Your Case

Former INS Attorney Carl Shusterman (1976-82) describes how you can win your case in Immigration Court. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Our immigration attorneys have successfully defended thousands of clients in Immigration Court, before the Board of Immigration Appeals and in Federal Courts across the United States for the past 30+ years.  We have obtained the following benefits for our clients: adjustment of status, asylum, withholding of removal, Convention Against Torture (CAT), various types of waivers, cancellation of removal, VAWA, US citizenship and more.

See some of our Deportation Defense Success Stories.

See our Adjustment of Status page.

To see if you qualify for Asylum, Withholding of Removal and/or the Convention Against Torture (CAT),  see http://shusterman.com/asylumusimmigration.html

For information about Cancellation of Removal, see
http://shusterman.com/cancellation-of-removal-for-permanent-residents.html

and

http://shusterman.com/cancellation-of-removal-for-non-lprs.html


For Immigration Consequences of Criminal Convictions, see
http://shusterman.com/criminaloffensesusimmigration.html


To see whether you qualify for a Waiver of a Criminal Conviction, see
http://shusterman.com/212h-waivers.html

To see how to qualify for a Fraud Waiver, see
http://shusterman.com/fraud-waivers-section-212i.html

Cancellation of Removal: Non-LPRs

Former INS Attorney Carl Shusterman (1976-82) discusses how to win your  cancellation of removal case in Immigration Court.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

If you have been placed in removal proceedings and you have resided in the United States for a long period of time, you can apply for Cancellation of Removal for non-LPRs before an Immigration Judge if you satisfy each of the following conditions:

1. You have been physically present in the U.S. for a continuous period of ten years prior to the institution of removal proceedings. (This requirement is not applicable if you have served a minimum of 24 months in the U.S. Armed Forces, were present in the U.S. during your enlistment or induction, and are either serving honorably or have received an honorable discharge.) “Continuous” means that you can not be out of the U.S. for more than 90 days at a time, or 180 days in the aggregate, during the ten-year period.

2. You have been a person of good moral character for ten years;

3. You are not inadmissible under §212(a)(2) or (3) (criminal and security grounds) or deportable under §237(a)(1)(G) (marriage fraud), (2) (criminal grounds), (3) (failure to register and falsification of documents) or (4) (security and related grounds).

4. Your removal would result in exceptional and extremely unusual hardship to your spouse, parent, or child, who is a citizen of the United States or a lawful permanent resident.

For more information please see Cancellation of Removal for non-LPRs page at http://shusterman.com/cancellation-of-removal-for-non-lprs.html

Asylum- Winning Your Case

Former INS Attorney Carl Shusterman (1976-82) discusses how you can win your asylum case by careful preparation. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

To be eligible for asylum in the US, you must have been persecuted or have a "well-founded fear of persecution" in your country based on one of the following 5 grounds:

1. Political Opinion - http://shusterman.com/political-asylum.html

2. Religious Beliefs - http://shusterman.com/asylum-based-on-religion.html

3. Race - http://shusterman.com/asylum-based-on-race.html

4. Nationality - http://shusterman.com/asylum-based-on-nationality.html

5. Social Group - http://shusterman.com/asylum-social-group.html

Examples of Social Groups include:

* LGBT - http://shusterman.com/lgbt-asylum.html

* Gender - http://shusterman.com/asylum-based-on-gender.html

* One Child Policy - http://shusterman.com/one-child-policy-asylum.html


Generally, you must apply for asylum within your 1st year in the US, but there are numerous exceptions to this rule - http://shusterman.com/asylum-one-year-filing-rule.html

You cannot qualify for asylum in the US if you were "firm resettled" in a 3rd country -
http://shusterman.com/asylum-firm-resettlement.html

Even if you are not qualified for asylum, you may be eligible for the following benefits:

Withholding of Removal - http://shusterman.com/withholding-of-removal.html

Convention Against Torture - http://shusterman.com/convention-against-torture.html

For more information please see our Asylum Guide at http://shusterman.com/asylumusimmigration.html

Section 245i Adjustment of Status

Section 245i can help you obtain a green card in the US.  Former INS Attorney Carl Shusterman (1976-82) explains how.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Generally, unless an immigrant entered the US lawfully and always maintains his lawful status, he is ineligible to get his green card without leaving the US and returning to his home country.  He may need to obtain an unlawful presence waiver to return to the US.

However, Section 245(i) of the Immigration and Nationality Act provides an important exception to this rule.  If the immigrant had a visa petition (I-130 or I-140) or an application for a labor certification submitted on his behalf on or before April 30, 2001, he can pay a fine and adjust his status without having to leave the US or obtain a waiver for his unlawful presence.

Also, if the immigrant was under 21 years of age when one of his parents had an I-130, an I-140 or a labor certification filed on their behalf, he may also qualify to adjust status under section 245i.

If the labor certification, I-130 or I-140 was filed between January 15, 1998 and April 30, 2001, it is required that the immigrant was present in the US on December 21, 2000 in order to qualify for adjustment of status under section 245(i).

For more information, please see our Adjustment of Status under Section 245i page at http://shusterman.com/greencardsusing245i.html

Adjustment of Status

Former INS Attorney Carl Shusterman (1976-82) discusses how to obtain a green card through Adjustment of Status. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Adjustment of status is the process by which an immigrant obtains a green card within the US.  To do so, he/she must submit form I-485 to the USCIS together with the proper filing fee and documentation.

If he is sponsored by a US citizen spouse,parent or son or daughter, and he entered the US lawfully, he can adjust his status in the US.  This is true even if he overstayed his lawful status.

If he is sponsor by an employer, and entered the US lawfully, he can adjust status in the US as long he did not overstay his visa or engage in unauthorized employment for more than 180 days since his latest admission into the US.  See http://shusterman.com/newsletterusimmigrationmarch2012/#9

If he had a labor certification, I-130 or I-140 visa petition filed on his behalf (or on behalf of one of his parents while he was child) on or before April 30, 2001, he can pay a fine and adjust his status in the US under section 245(i).  See http://shusterman.com/greencardsusing245i.html

Our 7 immigration attorneys have successfully assisted thousands of clients in obtaining permanent residence through adjustment of status during the past 30+ years. For more information please visit our Adjustment of Status Page: https://shusterman.com/adjustmentofstatus.html

Green Cards for Family Members

Former INS Attorney Carl Shusterman (1976-82)  discusses family-based immigrant visa petitions, adjustment of status and consular processing.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

US citizens can sponsor their spouses, children and parents for green cards as immediate relatives.  This process is quick.  See http://shusterman.com/green-cards-for-immediate-relatives.html

They can also sponsor adopted children for green card as long as the adoption takes place before the child's 16th birthday and the child has been in their legal and physical custody for at least 2 years.  See http://shusterman.com/adoption.html

US citizens can also sponsor their unmarried adult sons and daughters for green cards.  See
http://shusterman.com/green-cards-for-unmarried-sons-and-daughters.html

They can sponsor their married sons and daughters for green cards.  See http://shusterman.com/green-cards-for-your-married-children.html

Permanent residents (green card holders) can sponsor their spouses and children for green cards.  See http://shusterman.com/green-cards-for-spouse-and-children.html

They can also sponsor their unmarried adult sons and daughters for green cards.  See http://shusterman.com/green-cards-unmarried-adult-sons-and-daughters.html

For more information, please see our Green Cards through Family Members page at http://shusterman.com/greencardsthroughrelatives.html

I-9 Audits: A Survival Guide for Employers

Former INS Trial Attorney Carl Shusterman (1976-82) explains what employers can do to avoid an I-9 audit, and what they should do it they are audited.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Below are a few simple rules regarding I-9 forms:

1. Each person you employ must complete Part 1 of the I-9 on or before his/her first day of employment.

2. You, as the employer, must complete Part 2 of the I-9 on or before the person's 3rd day or employment.

3. Be sure that the person who completes the I-9 signs and dates the form.

4. Store the I-9 forms together and not in each employee's personnel file.  You are permitted to store the I-9 forms electronically.

5. Store the I-9 forms of current employees separately from the I-9s of former employees.

6. I-9 forms must be kept for 3 years after a person is hired or 1 year after they quit, retire or are terminated, whichever date is later.

For more information, please see our Employers Immigration Guide at http://shusterman.com/employersimmigrationguide.html

Child Status Protection Act

Former INS Attorney Carl Shusterman (1976-82) explains how to immigrate to the U.S. together with your spouse and children using CSPA. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

The Child Status Protection Act (CSPA) was enacted in order to keep immigrant families intact despite family-based and employment-based waiting times which can range up to 23 years or more.

Prior to CSPA, once a child turned 21 years of age, he or she “aged-out” and was no longer able to immigrate (or adjust status) along with his or her parents. CSPA “freezes the age” of immediate relative children when their petitioning U.S. citizen parent submits a visa petition on their behalf; when a petitioning permanent resident parent naturalizes; or when a married son or daughter who has been petitioned by a U.S. citizen parent becomes divorced or widowed.

CSPA also creates a mathematical formula which allows the amount of time that a visa petition was pending to be subtracted from a child’s age.

What happens if a child “ages-out” despite the mathematical formula?

Again, the Child Status Protection Act provides relief for “aged-out” cchildren in the form of the “automatic conversion” clause. However, on June 9, 2014, the Supreme Court deferred to the restrictive definition of this clause which was promulgated by the BIA.

CSPA also contains an “opt-out” clause which permits unmarried adult sons and daughters of U.S. citizen to choose between the family-based 1st and 2B preference categories depending on which category allows them to reunite with their parents faster.

CSPA is applicable not only to persons who were sponsored for lawful permanent residence after the law took effect, but to many people who were sponsored for green cards prior to August 6, 2002. Therefore, it applies many thousands of persons.

For more information, please see our CSPA page at http://shusterman.com/childstatusprotectionact.html

US Citizenship Through Parents & Grandparents

Former INS Citizenship Attorney (1976-80) Carl Shusterman discusses the laws which determine which persons born abroad are U.S. citizens. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

US immigration laws allow certain persons born abroad to "acquire" or "derive" US citizenship through their parents and sometimes through their grandparents.

What if you were born abroad to U.S. citizen parents? You probably are a U.S. citizen, but you need to get some paperwork to prove this. Or what if you were born abroad and only one of your parents was a U.S. citizen at the time? That’s a little trickier. How do you determine if you “acquired” U.S. citizenship at birth through a parent, or if you obtained derivative citizenship as a minor through your parent(s)? Attorney Shusterman simplifies the complex laws regarding acquisition and derivation of US citizenship through parents and grandparents so that they are understandable to non-lawyers.

There are 4 Nationality Charts that attorneys use to assist them in such cases. These charts are difficult to find on the USCIS website so we replicate them on our website so that you can use them to begin your research.

Derivative citizenship laws are one of the most complex areas of immigration law, and Congress has amended these laws multiple times. Fortunately, Attorney Shusterman spent several years as an INS Citizenship Attorney in the 1970s adjudicating N-600 derivative citizenship applications. This experience proven invaluable. Since he entered private practice in 1982, he has helped hundreds of clients obtain U.S. citizenship through their parents and grandparents.

Some of these clients were in deportation proceedings, and would have been deported if Attorney Shusterman not been able to prove that they were U.S. citizens even though they were born abroad.

There are multiple strategies for proving that you are a U.S. citizen even though you were not born in the U.S. You may want to apply for a U.S. passport, or alternately, you can apply for a Certificate of Citizenship from the USCIS using form N-600.

For additional information regarding derviative citizenship, please see Our US Citizenship through Parents page at  http://shusterman.com/americancitizenshipthroughparents.html.

The Family Preference Categories: An Introduction

Former INS Attorney Carl Shusterman (1976-82) discusses how US citizens & permanent residents can sponsor their relatives for green cards. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

The family-based immigration preference categories include:

1st - Unmarried adult sons and daughters of US citizens
        See http://shusterman.com/green-cards-for-unmarried-sons-and-daughters.html

2A - Spouses and Children of Green Card Holders
       See http://shusterman.com/green-cards-for-spouse-and-children.html

2B - Unmarried Adult Sons and Daughters of Green Card Holders
        See http://shusterman.com/green-cards-unmarried-adult-sons-and-daughters.html

3rd - Married Sons and Daughters of US Citizens
        See http://shusterman.com/green-cards-for-your-married-children.html

4th - Brothers and Sisters of US Citizens
        See http://shusterman.com/green-cards-for-brothers-and-sisters.html


Attorney Shusterman explains various factors that can help you speed up what might otherwise by a very long wait for a green card.

For example, let's say you are born in Mexico or the Philippines and have been petitioned under the family-based 4th preference category by your US citizen sibling.  The waiting time would normally be over 20 years.  However, if you marry someone who was not born in Mexico or the Philippines, your waiting time will be cut in half.

Attorney Shusterman uses his 38 years of experience as an immigration lawyer to provide you with various tips to shorten your waiting time for a green card under the State Department Visa Bulletin.

For more information, please see our Green Cards through Family Members page at http://shusterman.com/greencardsthroughrelatives.html

DACA: How to Qualify

Former INS Attorney Carl Shusterman (1976-82) explains how to qualify for President Obama's Deferred Action Program (DACA).  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Persons wishing to apply for the "deferred action for childhood arrivals" (DACA) program must meet each of following criteria:

1. They must have come to the US prior to their 16th birthday;

2. They must have continually resided in the US for at least 5 years immediately before June 15, 2012 and must be present in the US on that date;

3. They must have entered the US without inspection before June 15, 2012, or their lawful immigration status expired as of June 15, 2012;

4. They must currently be in school, have graduated from high school, obtained a general education (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;

5. They cannot have been convicted of a felony offense, significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and

6. They must be under the age of 31 on June 15, 2012.


For more information, please our Deferred Action (DACA) page at http://shusterman.com/obamadeferredactiondreamers.html

Employment-Based Immigration: An Overview

Former INS Attorney Carl Shusterman (1976-82) discusses how you can obtain a green card through employment in the US. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Persons may qualify for employment-based green cards in one of the following 5 preference categories:

EB-1 - Priority Workers
           This category consists of persons of extraordinary ability,
           outstanding professors and researchers and multinational      
           managers and executives

EB-2 Persons of Exceptional Ability or Advanced Degrees

EB-3 Professionals, Skilled and Unskilled Workers

EB-4 Special Immigrants including Religious Workers

EB-5 Investors

Persons may speed up the processing of their green cards by a variety of means: Converting between categories while retaining the priority date of the original petition, alternative changeability, Schedule A occupations, using the Child Status Protection Act (CSPA), etc.

For more information please see our Green Cards Through Employment page at http://shusterman.com/greencardsthroughemployment.html

Family-Based Immigration: Speeding Up Your Case

Former INS Attorney Carl Shusterman (1976-82) explains how to speed up your green card processing under the family-based immigration preference categories.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Attorney Shusterman discusses various methods of speeding up your family-based green card.

One of his clients had no way to legalize his status in the US.  However, asking him some pertinent questions, Attorney Shusterman learned that he had a girl friend who was being petitioned by her mother, a permanent resident.  He had been advised that he should not marry his girl friend until she received her green card.

Attorney Shusterman disagreed, and advised him that marrying his girl friend would, in fact, lead to a green card for him as long as he followed the proper sequence: First, the girl friend's mother should naturalize and become a US citizen.  This would change the girl friend family-based preference category from 2B (unmarried adult daughter of a green card holder) to 1st (unmarried adult daughter of a US citizen).  As soon the mother naturalized, he should marry his girl friend.  This would change her category from the 1st to the 3rd preference (married daughter of a US citizen).  As soon as the 3rd preference category was current, they could immigrate together.  His client followed Attorney Shusterman's advise and received his green card within 18 months.

Besides retention of priority dates and automatic conversion from one family-based preference category to another, Attorney Shusterman also gives viewers other helpful tips like using "cross-chargeablity" to speed their green card process.

For more information please see our Green Cards Through Family Members Page: http://shusterman.com/greencardsthroughrelatives.html

Unlawful Presence Bars and Waivers

Former INS Attorney Carl Shusterman (1976-82) discusses the 3 and 10 year unlawful presence bars and I-601 waivers. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Persons who have accumulated 180 days or more of unlawful presence after April 1, 1997, and have then leave the country, cannot return to the US for 3 years. Persons who have accumulated one year or more of unlawful presence after April 1, 1997, and have then left the country, cannot return to the US for 10 years. Persons who illegally return to the US without seeking a waiver must wait outside the US for a period of 10 years before they can apply for a waiver. The same rule applies to persons who illegally reenter the US after being deported.

A person can accumulate unlawful presence by (1) entering the US without inspection; (2) by overstaying the expiration date on his I-94; or (3) by violating his status if he is notified by the government that he has done so.

Persons who commit fraud Immigration Lawor a material misrepresentation are barred from the US for life unless they obtain a waiver.

A waiver may be obtained by submitting Form I-601 waiver to the USCIS and demonstrating that the person’s US citizen or permanent resident spouse or parent(s) would suffer “extreme hardship” unless the person was granted a waiver.

The definition of what constitutes “unlawful presence” is extremely complex. So is the determination of what is “extreme hardship”.

For example, if a person was admitted to the US as an F-1 student or a J-1 exchange visitor "D/S" (Duration of Status), he does not accumulate "unlawful presence" and is not subject to the 3/10 year bars because he did not overstay the date that he was supposed to leave the US even if he remained unlawfully in the US for years after he completed his program.

For more information, see our Unlawful Presence Bars & Waivers page at http://shusterman.com/unlawfulpresencesimmigrationbars.html

I-751 Waivers

Former INS Attorney Carl Shusterman (1976-82) explains what you should do if you marriage ends in divorce before before your two-year green card expires.Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Generally, you and your US citizen spouse must submit a joint I-751 petition within the 90 day period before your green card expires.  However, if your marriage ends in divorce, be ready to file a I-751 waiver of the joint petition requirement as soon as the divorce is final, but before your two-year green card expires.

Include a detailed affidavit explaining the history of your relationship and explain why your marriage ended in a divorce.  If your ex-spouse if willing, have him/her submit an affidavit explaining that the marriage was based on love and was not just for the purpose of sponsoring you for a green card.

If your ex-spouse is not willing to submit an affidavit, get affidavits from your ex-spouse's parent, brothers, sisters or other close relatives or friends.

Also, include evidence that you lived together and that you possessed joint property.  Especially useful are joint income tax returns, leases, checking and bank accounts, credit cards, insurance policies, etc.

Don't forget to submit wedding photos, as well as photos of your vacations, day to day activities and social media like Facebook, Twitter, Google+ as well as e-mail and text messages to and from your ex.

Finally, if you had a child together, include his/her certificate of birth.

Expect to undergo an hour-long interview with an USCIS examiner.  Before your interview, go over the information that you submitted and make sure that you are familiar with whatever you submitted.

At your interview, you must:

1) Tell the truth, even if it is uncomfortable for you;
2) Do not volunteer information not requested by the examiner;  and
3) If you cannot remember a certain date or fact, it is always better to say "I don't remember" than to guess.  This is not the "Jeopardy" TV show.

If your I-751 is approved, you will receive a 10-year green card.

If your I-751 is denied, you will be put into removal proceedings in Immigration Court.  Remember that you can renew your I-751 waiver petition before the Immigration Judge.

For more information, please see our I-751 Waiver page at http://shusterman.com/i751waiverwhereamarriageendsindivorce.html

CSPA Heads Toward the Supreme Court

Former INS Attorney Carl Shusterman (1976-82) explains the CSPA national class action lawsuit which was decided by the US Supreme Court in 2014.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Even though Attorney Shusterman won the case during an 11-judge panel of the US Court of Appeals, 9th Circuit, the Supreme Court reversed the decision of the lower court by a 5-4 margin.

The Court ruled that the language that Congress used in writing the statute was not clear, and choose to defer to a restrictive decision, Matter of Wang, by the Board of Immigration Appeals (BIA).

The case concerned the ability of "aged-out" children to immigrate to the US together with their parents under CSPA's "automatic conversion" and "priority date retention" clause.

Attorney Shusterman is now working with members of Congress to clarify the language in CSPA in order to keep immigrant families intact.

For more information please see our Child Status Protection Act Page: https://shusterman.com/childstatusprotectionact.html

H-1B Visas

Former INS Trial Attorney Carl Shusterman (1976-82) explains the eligibility requirements for H-1B temporary work visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

H-1B, or specialty occupation, visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher.

Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000.  Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery.

However, the following are cap-exempt:

* Working "at" an institution of higher education;

* Non-profit employers which are "affiliated" with or "related" to institutions of higher education;

* Non-profit research organizations

* Governmental research organizations

In addition, physicians who have received J waivers are not subject to the numerical cap..

Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor.  The employer must certify the following:

* Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment;

* Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers;

* No Strike or Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and

* Notice: Notify its U.S. workers that it intends to hire an H-1B nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment. The notice must contain specific information about the nonimmigrant workers sought and the process for submitting allegations of misrepresentation or non-compliance related to the LCA. Since the ETA Form 9035/9035E contains this information, employers may choose to comply with the notice requirement by providing or posting a copy of the ETA Form 9035/9035E.

This video discusses various topics related to H-1B visas including Labor Condition Applications, cap-subject vs. cap-exempt H-1Bs, extension of stay, change of status, change of employers and post-6th year H-1B extensions.

For more information, please see our H-1B Visa Guide at  http://shusterman.com/h1bvisaguide.html

CIR Bill

Former INS Attorney Carl Shusterman (1976-82) explains the proposed Comprehensive Immigration Reform bill.  Schedule a legal consultation (by Skype, telephone or in person) at https://shusterman.com/intake-secure.html.

The Comprehensive Immigration Reform bill passed by the US Senate in 2013 offers a pathway to citizenship for the 11 million undocumented immigrants in the US, mandatory employment verification, border security, entry and exit systems, and visas for both low and high-skilled workers.

Some of the more significant changes proposed in the bill are to the family-based (FB) and employment-based (EB) immigration systems. For both systems, one major step toward eliminating backlogs would be to recapture unused visa numbers from 1992-2013 to be added to the numbers available for fiscal year 2015.

While the bill would decrease the number of FB green cards available annually in the preference categories from 226,000 to 161,000, the immediate relative category would be expanded to include spouses and children of permanent residents. Also, for the first time, the bill would permit derivative beneficiaries of immediate relatives to immigrate along with the principal beneficiaries. New visa petitions for the F4 category for siblings of U.S. citizens would be phased-out after 18 months. F3 numbers would be limited to married sons and daughters of U.S. citizens 30 years old or younger.  CSPA would be amended to provide that aged-out beneficiaries would retain their priority dates. Per-country quotas would be increased from 7% to 15%, further helping to reduce waiting times, especially for persons born in Mexico and the Philippines.

For the EB system, the bill would eliminate the 7% per-country quotas, excellent news for high-skilled workers from India and China. It would also eliminate quotas for spouses and children of EB workers, persons in the EB-1 categories, low-skilled workers in the EB-3 category, individuals with doctorate degrees, and STEM graduates. STEM graduates would also be eligible to apply for National Interest Waivers and to skip the PERM process. Another big change would be the removal of the Diversity Visa Lottery, freeing up additional EB numbers.

Helping foreign-born physicians, the bill would make the Conrad 30 program permanent and make both J and F visas dual intent visas, similar to H-1B and L-1 visas. The bill would also increase the number of H-1B visas to 115,000-180,000, depending on demand. Spouses of H-1B visa-holders would now also be able to apply for work permits.  The bill would reinstate visa revalidation in the U.S., allowing non-immigrant visa holders to get a new visa without having to return to their home countries.

For more information please visit our Comprehensive Immigration Reform bill page at http://shusterman.com/immigrationreform2013.html

Visa Bulletin: Family-Based Categories

Former INS Attorney Carl Shusterman (1976-82) explains how to avoid the long waits in the  family-based immigration preference categories. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

The family-based immigration preference categories include:

1st - Unmarried adult sons and daughters of US citizens
        See http://shusterman.com/green-cards-for-unmarried-sons-and-daughters.html

2A - Spouses and Children of Green Card Holders
       See http://shusterman.com/green-cards-for-spouse-and-children.html

2B - Unmarried Adult Sons and Daughters of Green Card Holders
        See http://shusterman.com/green-cards-unmarried-adult-sons-and-daughters.html

3rd - Married Sons and Daughters of US Citizens
        See http://shusterman.com/green-cards-for-your-married-children.html

4th - Brothers and Sisters of US Citizens
        See http://shusterman.com/green-cards-for-brothers-and-sisters.html


Attorney Shusterman explains various factors that can help you speed up what might otherwise by a very long wait for a green card.

For example, let's say you are born in Mexico or the Philippines and have been petitioned under the family-based 4th preference category by your US citizen sibling.  The waiting time would normally be over 20 years.  However, if you marry someone who was not born in Mexico or the Philippines, your waiting time will be cut in half.

Attorney Shusterman uses his 38 years of experience as an immigration lawyer to provide you with various tips to shorten your waiting time for a green card under the State Department Visa Bulletin.

For more information please see our Green Cards through Family Members page at
http://shusterman.com/greencardsthroughrelatives.html

Visa Bulletin: Employment-Based Categories

Former INS Trial Attorney (1976-82) Carl Shusterman explains Employment-Based (EB) visa categories.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Each month, the State Department issues the Visa Bulletin.  The Visa Bulletin tells you the waiting times in each of the employment-based (EB) preference categories.  See http://shusterman.com/statedepartmentvisabulletin.html

However, the dates on the Visa Bulletin do not move forward at the same rate.  In fact, sometimes they move backwards.  This occurs when there are not enough green cards available to be given out to people in the EB categories.  While the supply of green cards is fixed, at least on an annual basis, the demand for green cards is not.

Each year, up to 140,000 people obtain permanent residence in the US in the EB categories.  Persons born in a certain country are limited to 7% of the total.

But the preference system is much more complex than it seems.

Persons can apply for green card in multiple preference categories at the same time.  You can have both your employer and your US citizen brother sponsor you.  And you can also apply for permanent residence through the DV green card lottery.  See http://shusterman.com/greencardsthroughrelatives.html and http://shusterman.com/greencardlottery.html

Sometimes, if it takes too long to immigrate through the EB-3 category, a person will change employers and reapply under the EB-2 category and will be able to retain their original priority date.

Other times, a person in a backlogged category for their country will marry someone from a different country, and use "cross-chargeability" to lessen their waiting time for a green card.

A person waiting for a green card in a backlogged category will sometimes marry a US citizen and adjust status as an immediately relative, thereby shortening the EB line.  See http://shusterman.com/greencardsthroughmarriage.html   Or, the person may marry someone from his own country, thereby lengthening the line.

Do not rely exclusively on the Visa Bulletin to tell you how long it will take to get a green card. Instead, learn more about applying for permanent residence through the EB preference categories.

For more information, see our Green Cards Through Employment page at http://shusterman.com/greencardsthroughemployment.html

E-2 Visas for Investors

Immigration Attorney Raj Iyer explains who qualifies for an E-2 treaty investor visa.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

E-2 investor visas are for a nationals of a country with which the US has a commercial treaty and who is coming to the US solely to direct and develop the operations of an enterprise in which he has invested, or is actively involved in the process of investing, a substantial amount of capital.

An investment is the E-2 investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit.  The capital must be subject to partial or total loss if the investment fails.  The E-2 investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.

A substantial amount of capital is:

• Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one:

• Sufficient to ensure the E-2 investor’s financial commitment to the successful operation of the enterprise; and

• Of a magnitude to support the likelihood that the E-2 investor will successfully develop and direct the enterprise.  The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

The investment enterprise may not be marginal.  A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the E-2 investor and his family.

For more information please see our E-2 Treaty Investor Visas page: http://shusterman.com/e2treatyinvestor.html

EB-5 Investor Visas

Immigration Attorney Raj Iyer explains how to get a green card through investment.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Investor (EB-5) green cards are granted to those who invest $1 million in a new commercial enterprise and create 10 jobs for U.S. workers. However, if the enterprise is located in either a rural or a high-employment area, the amount of funds which needs to be invested is reduced to $500,000.

USCIS administers the EB-5 Investor Program. Under an immigration program enacted in 1992, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise. The enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers within 2 years the immigrant investor’s admission to the US as a Conditional Permanent Resident.

A qualified employee is a US citizen, permanent resident or other immigrant authorized to work in the US. The individual may be a conditional resident, an asylee or a refugee.

Full-time employment requires a minimum of 35 working hours per week.

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the entrepreneur, provided that he is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.

For more information please see our Green Cards through Investment page: http://shusterman.com/investorsusimmigration.html

L-1 Visas for Persons with Specialized Knowledge

Immigration Attorney Raj Iyer of the Law Offices of Carl Shusterman explains who qualifies for L-1B temporary visas.  Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html.

An L-1B temporary visa allows an employer to transfer a worker with specialized knowledge from a foreign office to the US. The L-1B worker must be employed by a parent, subsidiary, branch or affiliated company abroad in order to qualify, and be coming to perform services that involve specialized knowledge.

A foreign company which does not yet have an office in the US may establish one and obtain an L-1B visa for the worker. In order to sponsor the worker for an L-1B visa, the employer must begin the process by submitting a Form I-129 visa petition to the USCIS.

For more information please see our L-1B Temporary Visas page at http://shusterman.com/l1intracompanymanagersexecutives.html

I-601A Provisional Waivers: Expanded Coverage

Former INS Trial Attorney Carl Shusterman explains how to qualify for the upcoming I-601A expanded Provisional Waiver program. Schedule a legal consultation at http://shusterman.com/schedule-immigration-consultation.html

I-601A Provisional Waivers, which allow immediate relatives of US citizens to apply for waivers of the 3 and 10 year unlawful presence bars without having to leave the US were made possible by President Obama in 2013.

In 2014, the President proposed expanding coverage of I-601A Provisional Waivers to adult sons and daughters of US citizens as well as to spouses and unmarried sons and daughters of lawful permanent residents.

The President also requested that the USCIS clarify what is constitutes "extreme hardship".

The expanded coverage for I-601A Provisional Waivers will become available only after the USCIS issues regulations.  This may occur either in 2015 or 2016.

L-1 Visas for Executives and Managers

Employment-Based Immigration Attorney Raj Iyer explains how to qualify for L-1A visas for intracompany transferees.  Schedule a legal consultation at http://shusterman.com/schedule-immigration-consultation.html

L-1A temporary work visas are used by foreign employers to transfer executives and managers from affiliated international offices to the US. Foreign-born persons who work abroad for a company with a parent, subsidiary, branch or affiliate in the US are allowed to come to the US as L-1A intracompany transferees to perform managerial or executive duties. This classification also enables a company that does not yet have an office in the US to send an executive or manager to the US with the purpose of establishing one.

For more information please see our L-1 Temporary Visas page at http://shusterman.com/l1intracompanymanagersexecutives.html

O Visas for Persons of Extraordinary Ability

Learn how to obtain an O visa from former INS Attorney (1976-82) Carl Shusterman. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html if you need assistance.

O-1 temporary working visas are available to persons of extraordinary ability in science, the arts, education, business, athletics, motion pictures and television.

An employer in the US must submit an O-1 petition (form I-129) with evidence of the person's extraordinary ability.  The initial O visa is valid up to 3 years and yearly extensions are available after that.

There are no numerical cap on O visas and no prevailing wage requirement although a high salary is a positive factor in determining whether a person is qualified for O-1 status.

An artist or athlete's support staff may be qualified for O-2 visas, and spouses and children of the O-1 visaholder may qualify for 0-3 visas.

O-1 visaholders may apply for permanent residence under the EB-1A category for persons of extraordinary ability although the conditions are more demanding than for an O visa.  Self-petitions are available for EB1A green cards.  For more information about green cards for persons of extraordinary ability, please see http://shusterman.com/extraordinaryabilityimmigration.html

For more information about O visa please see http://shusterman.com/o1extraordinaryability.html

P Visas for Entertainers, Athletes, and Artists

Learn how to obtain an P visa from former INS Attorney (1976-82) Carl Shusterman. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html if you need assistance.

The P-1 classification applies to a person coming to the U.S. temporarily to perform at a specific athletic competition as an athlete, individually or as part of a group or team, at an internationally recognized level of performance.

The P-2 classification applies to a person coming temporarily to perform as an artist or entertainer individually or as part of a group, who will perform under a reciprocal exchange program between an organization in the U.S. and an organization in another country.

The P-3 classification applies to persons coming temporarily to perform, teach or coach as artists or entertainers, individually or as part of a group, under a program that is culturally unique.

For more information about P visas, please see http://shusterman.com/p1entertainersathletes.html

Green Cards Through Employment

Former INS Attorney Carl Shusterman (1976-82) explains how to obtain a green card through employment. Schedule a legal consultation (by Skype, telephone or in person) athttp://shusterman.com/schedule-immigration-consultation.html



Each year, up to 140,000 people obtain permanent residence in the US through offers of employment. There are 5 employment-based categories:



1. Priority Workers

Persons of Extraordinary Ability - http://shusterman.com/extraordinaryabilityimmigration.html

Outstanding Professors and Researchers - http://shusterman.com/professorsresearchersimmigration.html

Multinational Executives and Managers - http://shusterman.com/executivesmanagersimmigration.html




2. Persons with Advance Degrees or Exceptional Ability

http://shusterman.com/exceptionalabilityimmigration.html

http://shusterman.com/nationalinterestwaivers.html




3. Professionals, Skilled and Unskilled Workers

http://shusterman.com/perm.html




4. Special Immigrants

http://shusterman.com/religiousworkersimmigration.html




5. EB-5 Investors




For more information, please see our Green Cards through Employment page at http://shusterman.com/greencardsthroughemployment.html




Also, see our Employers Immigration Guide at http://shusterman.com/employersimmigrationguide.html

US Immigration For Registered Nurses: Free Legal Assistance

Are you a foreign-born Registered Nurse looking for a job in the US? Our law firm can introduce you to a hospital in the US which is sponsoring RNs for temporary visas and green cards. The hospital will pay 100% of your legal fees.

Our law firm represents over 100 hospitals, and during the past 30+ years, we have immigrated over 10,000 RNs and other health care professionals to the US.

Our client hospitals currently have several hundred job opportunities for Registered Nurses, Medical Technologists and other health care professionals.

If you are interested in finding a job in the US and being sponsored for a temporary visa or a green card, feel free to send your resume to Paralegal Elsa Garcia at egarcia@shusterman.com

She will forward your information to one or more of our hospitals and a representative from a hospital will contact you.

Our services are free to you. Both attorney and filing fees will be paid for by the hospitals that we represent.

This video explains the procedures for getting TN and H-1B visas for RNs. It also shows how hospitals can sponsor registered nurses for green cards.

We also discuss the Visa Screen Certificate, posting requirements as well as the CGFNS and the NCLEX examinations.

If you would like to know more about any of the following subjects, please see the following pages on our website.

Resources for Registered Nurses

• Immigration Resources for Registered Nurses
• Immigration for Healthcare Professionals
• VisaScreen and Licensing Requirements
• English Exams for VisaScreen

Green Cards Through Marriage

Learn how to obtain a green card through marriage.

Every year, several hundred thousand persons get green cards through marriage. If you entered the US lawfully, obtaining permanent residence is quick and easy as long as your marriage is for love, not just to get a green card. Your spouse submits an I-130 visa petition on your behalf and, at the same time, you file an I-485 application for adjustment of status. However, there are a lot forms and fees to contend with.

You can apply for a green card through marriage and adjust your status in the US even if you overstayed your visa.

Even if you entered the US unlawfully, your US citizen spouse can still submit an I-130 visa petition on your behalf. However, you may need to return to your country in order to apply for a green card through marriage. Before you do, carefully prepare an I-601A provisional "extreme hardship" waiver and submit it to the USCIS. See http://shusterman.com/i601a-provisional-waiver.html

In 2013, the ability to obtain green cards through marriage became available to same-sex couples. See http://shusterman.com/immigration-benefits-same-sex.html

If your marriage is less than 2 years old when you become a permanent resident, you will receive a two-year green card. 90 days before your green card expires, you and your spouse need to submit an I-751 joint petition. See http://shusterman.com/greencardsthroughmarriage.html

However, if your marriage ends in divorce during the two-year period, you must file an I-751 waiver. See http://shusterman.com/i-751-waiver.html

For more information please see our Green Cards Through Marriage Page: http://shusterman.com/greencardsthroughmarriage.html

Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html if you need assistance.

DAPA: How You Can Qualify for this Program

This video explains how to qualify for the new DAPA program.

Schedule a free DAPA consultation at http://shusterman.com/schedule-immigration-consultation.html

How to Become a U.S. Citizen

These videos discuss how to become a US citizen through naturalization.

Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

Honor Student Beats Deportation

This video explains how a 14-year-old "illegal alien" beat deportation & gained permission to remain in the US.

Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html

June 2015 Visa Bulletin: The Good, The Bad, and The Ugly

The June 2015 Visa Bulletin contains a bit of good news for persons in certain employment-based (EB) categories. However, for others, like Chinese investors, the news is mostly bad. For Filipino professionals and Mexicans and Filipinos in some of the family-based (FB) categories, the news is downright ugly.

The Good

The worldwide EB-3 category (professionals, skilled and unskilled workers) advances 6 weeks creating the shortest backlog in this category in several years.

For persons born in China, the EB-2 numbers (for advanced-degree professionals) jump ahead by an entire year! EB-3 China advances by 4 months.

For persons born in India, the EB-2 category leaps ahead by 5 ½ months, while the EB-3 numbers inch forward by a single week.

The Bad

The worldwide family-based categories barely advance while the FB-2B (unmarried adult sons and daughters of permanent residents) and FB-3 (married sons and daughters of US citizens) numbers remain frozen.

For persons born in Mexico, most of the family-based categories advance either 1 week or not at all. In some of these categories, the waiting times exceed 20 years. The same is true for persons born in the Philippines.

The EB-5 investor category for persons born in China, which retrogressed 2 years in May, fails to move forward in June.

The Ugly

For persons born in Mexico who were sponsored by their US citizen brothers and sisters 18 years ago, the wait lengthens by 4 ½ months. This is a good example of how our legal immigration system is broken.

But what is much worse is the Philippines FB-1 category for unmarried adult sons and daughters of US citizens. In June, the present 10-year wait will lengthen to 15 years!

And finally, have pity for Filipinos in the EB-3 category (nurses, accountants, engineers, etc.). In May, their waiting times increased from 7 months to 7 years. (No, this is not a typo!). And in June, their waiting times will increase again, this time to 10 years.

Coming Attractions

Remember that as the federal fiscal year (October 1 to September 30) approaches its end, waiting times have a tendency to increase. This year, there are increasing earlier than usual.

However, do not despair. When the October Visa Bulletin is released, the outlook is bound to improve, at least to an extent.

If only Congress would take action to fix our broken immigration system, but that would probably be asking too much…