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Carl Michael Shusterman
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Carl Shusterman’s Answers

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  • For affirmative asylum applicants in removal proceedings, are judges assigned randomly or is there criteria that determine this?

    I noticed that judges have vastly varying degrees of approval ratings. Are there any criteria (credibility/country conditions etc) that determine the assignment of a judge that would explain this discrepancy? I got assigned a relatively liber...

    Carl’s Answer

    Although Judges are randomly assigned cases, the same Judge that did your master hearing will be the Judge who decides your asylum application.

    Please see

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  • Applying for Eb-5 while in asylum procedure

    I have applied for asylum due to religious persecution. Waiting on the interview now. I am scared, because they say that I may fail the interview easily. Can I switch to Eb-5 now? Will my asylum case have negative impact on my Eb-5 application?

    Carl’s Answer

    Complex. However, unless you have over 180 days of "unlawful presence" in the US, you can continue with your asylum application and go abroad (Not to your country!) to get an immigrant visa as an EB-5 investor. If you have enough money for EB-5, you certainly have enough money to afford an experienced immigration attorney. Please see

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  • How to supplement an asylum application

    I have already filed an asylum application with the help of a translator (I-589 and declaration) and received my EAD. However, the translator is no longer available and I now know he made MANY mistakes in my application. I was wondering if it is p...

    Carl’s Answer

    Yes, this is definitely possible. It is generally a good idea to consult with an experienced immigration attorney on such matters.

    Please see

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  • Received unexpected work autherization documnets with category A05 (Asylum granted), while i was waiting for decision notice

    I have been waiting for asylum interview decision for almost 5 month, after 5 months I received work autherization documents for all my family members with category A05 which is for asylum granted category. these were delevered on my previous addr...

    Carl’s Answer

    If you do not have an attorney, I suggest that you make an InfoPass appointment with the USCIS.

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  • What should I do if i haven't recieved asylum decision in my mail. while my case has been approved and what the process of I-94

    what should I do if i haven't recieved asylum decision in my mail. while my case has been approved and what the process of replacement of I-94. and changing status with Social security office

    Carl’s Answer

    If you haven't received your asylum approval in the mail, and you do not have an attorney, I suggest that you make an InfoPass appointment with the USCIS.

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  • I have been out of US for more than a year, is my greencard still valid?

    I have a permanent greencard the valid date of the card is till 2024. Before I came back to Europe I was working and living in U.S. but due to some issues about my apartment I had to leave urgently. My last stay in U.S. was in April 2014. I have r...

    Carl’s Answer

    A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. This webpage is about Returning Resident Visas. If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) or the validity of the Re-entry Permit (2 years), you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa..

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  • How I report about someone he has Intention to apply for (fraud fake) Asylum in USA,after he got a tourist visa as a bridge ?

    How I report about someone he has Intention to apply for (fraud fake) Asylum in USA,after he got a tourist visa as a bridge to come to USA?

    Carl’s Answer

    You can report the person to the U.S. Citizenship and Immigration Services (USCIS).

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  • I am Honduran. Arrived in USA in 2001. Applied for asylum in 2012 and just won my asylee status. My husband of 10 years, from...

    Nicaragua has a TPS status. Can he also get an asylum derivative approval through me? Second question: can I travel with him to his native Nicaragua to see his ailing parents? Thanks, Nadia.

    Carl’s Answer

    Yes, your husband can apply to be a derivative asylee. Then, if he is granted asylum, you can both apply for Refugee Travel Documents to visit his parents in Nicaragua (assuming that he never applied for asylum from Nicaragua).

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  • I am Guatemalan and I won my asylum. The attorney told me my two minor children were not included and therefore I have to wait..

    until I am a LPR to petition for them (6 months from now). I am desperate for my children and much more so because they are living in a barrio plagued by gang crime. Is there a legal way for them to join me in the USA through my asylee status? Muc...

    Carl’s Answer

    As long as your listed your children on your asylum application and they are unmarried and under 21 years of age, you can apply for them now using form I-730.

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  • I have fiancee in my home country and I want to get officially married and then I want to put her name as my wife in my case.

    I have applied to Asylum, now I am waiting to interview, but, I've not invited for interview yet. I have fiancee in my home country and I want to get officially married and then I want to put her name as my wife in my case, before interview. The p...

    Carl’s Answer

    You may want to speak with an attorney about the possibility of applying for a travel document which would allow you to marry your fiancee in a third country.

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