Carl Shusterman Immigration Lawyer

Products And Services

• Green Cards through Employment, Relatives and Marriage

  Green Cards through Employment U.S. immigration laws permit a person to get a green card through employment if their employer is unable to find a qualified U.S. worker for the job. We have represented hundreds of employers across the US, assisting them in sponsoring employees for both temporary working visas and green cards. US immigration law allows 140,000 persons annually to obtain green cards through employment. This number includes both the principal worker and immediate family members (spouse and unmarried children). However, in FY2021, the number rose to 261,000, and in FY2022, the number is approximately 281,000. In FY2023, the number will drop to approximately 200,000. Persons of extraordinary ability (EB-1) may become US permanent residents without undergoing the labor certification process. In fact, such persons do not need an employer to submit a petition to the USCIS on their behalf since they are permitted to “self-petition”. Such persons must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Their achievements must be recognized in the field through extensive documentation. Although, no offer of employment is required, the person must be coming to the United States in order to continue work in the area of extraordinary ability. A person of extraordinary ability is one who belongs to that “small percentage” who have “risen to the very top of the field of endeavor”. We have obtained permanent residence for hundreds of persons of scientists, physicians, researchers, artists, reporters, athletes, entrepreneurs and performers under the EB-1A category. Foreign-born outstanding professors and researchers may obtain permanent residence in the United States without having to undergo the labor certification (PERM) process. They qualify under the EB-1 priority worker category. Multinational executives and managers are exempt from the PERM labor certification requirement. Our firm represents multinational executives and managers who are “starting-up” business operations in the U.S. for foreign corporations as well those being transferred to the U.S. by large international corporations based in the U.S. or abroad. A green card through a national interest waiver (NIW) is available to a person who can show the following: 1. That their proposed endeavor has both substantial merit and national importance; 2. That he or she is well positioned to advance the proposed endeavor; and 3. That, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Registered nurses and physical therapists can be sponsored for green cards without their sponsoring employers having to advertise their jobs and show that there are no qualified U.S. workers. Green Cards through Relatives Green cards for family members make up a large portion of the U.S. immigration system. Each year, over 500,000 persons obtain lawful permanent residence in the US by being sponsored by a relative who is a US citizen or a green card holder. We provide videos and links explaining how you can obtain a green card through the family-based preference categories. Spouses, children and parents of US citizens who are “immediate relatives” who are not subject to numerical quotas. All other categories of relatives are subject to a numerically-limited preference system. US citizens may sponsor the following relatives for lawful permanent residence: * Spouses * Children * Parents * Adult Sons and Daughters * Brothers and Sisters Permanent residents may sponsor their * Spouses * Children * Unmarried Adult Sons and Daughters Green Cards through Marriage A green card through marriage to a US citizen is the most common way to become a permanent resident. The spouse of a US citizen is an “immediate relative”. This means that there is no limit on the number of people who can obtain green cards through marriage to US citizens. The US citizen starts the process by submitting a form I-130 visa petition on behalf of his/her spouse. If the spouse entered the US lawfully, he/she can file for Adjustment of Status (Form I-485) at the same time and get a green card without having to leave the US. If the marriage is less than two years old when the green card is granted, it will expire in two years. The couple must submit a form I-751 joint petition during the 90-day period prior before the expiration of the green card. This way, the foreign-born spouse can obtain a ten-year green card.

• Temporary Work Visas

  Temporary work visas include E, H, J, L, O, P, R and TN visas. The most common ways to visit the US are B-1 and B-2 visas and the Visa Waiver Program. Persons may study in the US using F-1, M-1 and J-1 temporary visas. This page contains a number of articles and links explaining the various types of temporary visas. It explains the difference between a “visa” and a “status”. We explain the procedure for obtaining a visa abroad as well as the process of applying for an extension of stay or a change of status in the U.S. We link to the online visa appointment system for U.S. Consulates in Canada and Mexico. We explain the most common temporary or “non-immigrant” visa categories, in alphabetical order from “A” to “U”. Our attorneys have obtained temporary visas for thousands of E-2 treaty investors, H-1B professionals, J-1 trainees, L-1 intracompany managers and executives, O-1 persons of extraordinary ability, P-1 athletes and entertainers, R-1 religious workers and persons in TN occupations. We represent hundreds of employers and thousands of computer professionals, physicians, accountants, engineers, scientists, health care professionals including registered nurses across the US. E-2 Investor Visas An E2 visa can be obtained by an investor who is a national of a country which has a treaty of commerce and navigation with the US. The investor must be coming to the US to direct and develop the operations of an enterprise in which has invested, or is actively involved in the process of investing, a substantial amount of capital. A petition is not required if the investor is applying for an E2 visa outside of the US. The investment involved must place lawfully acquired, owned, and controlled capital at commercial risk with a profit objective, and be subject to loss if the investment fails. Although there is no limit on the number of times that an E2 visa may be renewed, it is a temporary visa. It is not to be confused with an EB-5 investor green card. On November 12, 2021, USCIS issued a policy announcement to clarify that they will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. H-1B Visas for Professionals To be eligible for an H1B visa, a person must 1. Have a minimum of a 4-year university degree or equivalent; 2. Be paid at the “prevailing wage” or the “actual wage”, whichever is higher; 3. The job must require a minimum 4-year university degree or equivalent. H1B visas are subject to a numerical cap of 65,000 per fiscal year. In addition, 20,000 persons who obtain advanced degrees from universities in the U.S. have their own H1B cap. Up to 6,800 H1B visas are reserved for persons who are citizens of Chile and Singapore. Certain H-1Bs petitions are exempt from the numerical caps including employment “at” universities, at “affiliated” or “related” non-profit organizations or at governmental and non-profit research institutions. L-1 Visas for Intracompany Transferees An L1 visa is for a person who works for a company with a parent, subsidiary, branch or affiliate in the United States. These persons come to the US as intracompany transferees to perform services either in a in a managerial or executive capacity L-1A or which require specialized knowledge L-1B for a parent, branch, subsidiary or affiliate of the same employer that employed the professional abroad. The employee must have been employed abroad for the corporation, firm, or other legal entity (or an affiliate or subsidiary thereof) on a full-time basis for at least one continuous year out of the last three-year period to qualify. There is no annual cap on L1 visas. If the employer wishes to speed up the processing of the petition, they may wish to use USCIS’ premium processing procedure. Also, the company can apply for a blanket L visa which allows individuals to file a copy of the approved blanket petition instead of filing for a regular L1 visa. In order to be granted a blanket petition, the USCIS must determine that the company qualifies for the intracompany transferee visa. O Visas for Persons of Extraordinary Ability O visas are for persons who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. O visas are divided into the following subcategories: * Persons of extraordinary ability in the sciences, arts, education, business, or athletics (O-1), * The artist’s or athlete’s support staff (O-2), and * The O-1 visaholder’s spouse and children) (O-3). P Visas P visas are granted to foreign nationals coming to the U.S. temporarily to work as an athlete, entertainer, or artist.

• U.S. Citizenship

  How does a person who is not born in the United States achieve US citizenship? We provide articles and links explaining who is eligible to apply to naturalize to become a US citizen as well as the application procedure including an online, self-correcting history and government test. If one or both of your parents were U.S. citizens at the time you were born abroad or while you were a minor, you may have acquired U.S. citizenship at birth or derived U.S. citizenship as a minor. Attorney Carl Shusterman worked as an INS Naturalization Attorney (1976-79) where he interviewed thousands of applicants for naturalization and for citizenship through their parents. To be eligible to naturalize, you must: Be a lawful permanent resident of the United States for 5 years, or 3 years if married to a U.S. citizen for a minimum of the 3 years. There are exceptions to this requirement for persons who have honorable service in the U.S. Armed Forces; * Be physically present in the United States for over 50% of the required residency period; * Be a person of good moral character; * Take an oath of loyalty to the United States; * Be able to speak, read and write simple words and phrases in the English language (although there are certain exceptions to this rule); and *Pass a test in US history and government. Once you become a citizen of the United States, you may sponsor your spouse, parents, sons and daughters as well as your brothers and sisters for lawful permanent residence in the U.S. Some persons may become American citizens at birth, or while they are minors, through their parents or grandparents. This is known as acquiring citizenship through acquisition or derivation. We have posted the government’s 4 US nationality charts on our web site. If you were born outside of the U.S., did you acquire US citizenship through parents or grandparents? If you were born abroad to U.S. citizen parents, you probably are a U.S. citizen. However, you need to get some paperwork to prove this. 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 “derived” citizenship as a minor through your parent(s)? We attempt to simplify 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 US Citizenship Charts that attorneys use to assist them in such cases. These charts are difficult to find on the USCIS website so we replicate them here 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 proved invaluable. Since 1982, we have helped hundreds of clients obtain U.S. citizenship through their parents and grandparents.

• Deportation Defense

  Winning your case in immigration court requires the assistance of an experienced immigration attorney. Los Angeles deportation defense attorney Carl Shusterman, a former INS Trial Attorney (1976-82), who has assisted thousands of persons across the U.S. in winning their deportation and removal cases, explains how to win your case in Immigration Court. When your case comes before an Immigration Judge, the government is charging you with being deportable from the United States. The government will be represented at your hearing by a Trial Attorney who probably has appeared in hundreds, if not thousands, of removal proceedings. Therefore, it is important that you are represented by the best deportation defense attorney that you can find to help you in winning your case in immigration court. At all times, over 30,000 persons are held in detention by the Immigration and Customs Enforcement (ICE). An experienced deportation defense attorney may be able to persuade the Immigration Judge to lower the bond amount or to allow you to be released on your own recognizance. Initially, the burden of proof is on the government to prove that you are removable by “clear, convincing and unequivocal” evidence. Sometimes the government is unprepared. We defended a client in San Francisco who had been convicted of a crime which made her deportable. However, because the government’s copy of her record of conviction was not properly certified, the Immigration Judge terminated the proceedings, and our client was allowed to remain in the United States. Winning your case in immigration court requires the assistance of an experienced immigration attorney. Los Angeles deportation defense attorney Carl Shusterman, a former INS Trial Attorney (1976-82), who has assisted thousands of persons across the U.S. in winning their deportation and removal cases, explains how to win your case in Immigration Court. When your case comes before an Immigration Judge, the government is charging you with being deportable from the United States. The government will be represented at your hearing by a Trial Attorney who probably has appeared in hundreds, if not thousands, of removal proceedings. Therefore, it is important that you are represented by the best deportation defense attorney that you can find to help you in winning your case in immigration court. At all times, over 30,000 persons are held in detention by the Immigration and Customs Enforcement (ICE). An experienced deportation defense attorney may be able to persuade the Immigration Judge to lower the bond amount or to allow you to be released on your own recognizance. Initially, the burden of proof is on the government to prove that you are removable by “clear, convincing and unequivocal” evidence. Sometimes the government is unprepared. We defended a client in San Francisco who had been convicted of a crime which made her deportable. However, because the government’s copy of her record of conviction was not properly certified, the Immigration Judge terminated the proceedings, and our client was allowed to remain in the United States. If you are a green card holder that the government is trying to deport, you may be eligible to apply to the Immigration Judge for Cancellation of Removal for Permanent Residents using form EOIR-42B (plus supporting documents) if you meet each of the following conditions: 1. You have been a lawful permanent resident of the US for at least 5 years; 2. You have resided continuously in the US for a minimum of 7 years after being admitted to the US. in any status (prior to the institution of removal proceedings); 3. You have not been convicted of an aggravated felony; and 4. You are not inadmissible from the US on security grounds. If you are not a green card holder, in order to apply for cancellation of removal, you must meet each of the following requirements: 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.