The Immigration Mastermind: Recent Episodes
Carlos Batara
The Immigration Mastermind is a podcast for immigrants and their families that shares tips, insights, and tidbits to help guide the quest for permanent residence and citizenship in the United States. The podcast strives to build knowledge, while dispelling myths in short bite-sized, easy-to-understand snippets of pull-no-punches information.
Designed for both immigrant families who have already started the immigration process and those just starting to think about their journey, the Immigration Mastermind provides a mix of expert tips about legal rules, insights about breaking news, and tidbits to help immigrants and their families to keep their chin up, even when the road to success seems to be a never-ending road.
Can you go back who you were once upon a time?
Back to the life you were living, before the thing happened that changed you.
Before you met the person you love today.
Related Podcasts:
Episode 217: The Ghost Of Immigration Law
Episode 40: Ditch Robotic Hardship Formulas
Recommended Links For More Information:
Immigrants Who Believe In Miracles Can Make Them Happen
How To Unlock Hidden Hardships And Win I-601A Waiver Cases (Part 1)
Ralph Waldo Emerson once noted, "Life is a journey, not a destination."
He wasn't talking about lawyers. But he could have been.
No lawyer ever reaches a point of complete mastery.
It is a lifetime pursuit.
Related Podcasts:
Immigration Karate Chops
Immigration Lawyers: The Good, Bad, And Ugly
Recommended Links For More Information:
Hard Work Pays Off
The Fallacy Of Quick Fixes
"If you'll believe in me," the Unicorn told Alice, "I'll believe in you."
Alice understood.
Her adventures in Wonderland had taught her that trust was rarely given — it was earned. I
It sounds whimsical. Childlike. Yet beneath those simple words lies a truth for every lawyer-client relationship.
Related Podcasts:
Why I Fight For Immigrants
Cookies And Immigration
Recommended Links For More Information:
Summer Breaks From Law School
Reflections Of An Activist Turned Lawyer: Why I Support The Dreamers
There are ghosts in immigration courtrooms.
They attend every hearing on hardship.
They never speak.
They never testify.
And yet, judges listen to them anyway.
Related Podcasts:
Hardship Is Not A Silver Spoon Theory
Towards A Hardship Definition
Recommended Links For More Information:
The BIA Is Wrong About Exceptional And Extremely Unusual Hardship (And How It Destroys Immigration Cases)
Hardship Defense At Immigration Court: Three Spectrums Of Severity
It was my first briefcase.
It was black. It was made out of wood. It was cheap.
I paid $1.99 for it.
I bought it at a Thrifty’s – a low cost drug store, located two blocks away from my home.
When I carried it, I carried my dreams.
Related Podcasts:
Thank You, Old Friend
A Lawyer And His Mother
Recommended Links For More Information:
A Tribute To My Father: An American Success Story
The Battle For Immigration Justice: Why Compassion Matters
The moment we stepped out of court, he started crying.
He cried . . . And cried . . . And cried.
His wife had just won her immigration case.
Related Podcasts:
Sports And Immigration
If There's A Will, There's A Way
Recommended Links For More Information:
Meet The Mascogos: Early American Slaves Who Sought Refuge In Mexico
A Jamaican Immigration Story Of Family Unity Persistence
Clients often ask “Do I really need a lawyer to handle my case?”
Here’s the truth.
It depends.
Some immigration cases are easier than others.
Run-of-the-mill family visas petition or citizenship application matters are not as tough as a deportation defense case at immigration court.
But are any cases truly run-of-the-mill?
In other words, are run-of-the-mill cases problem-free?
And supposing your case is run-of-the-mill, are you equipped to handle it?
Related Podcasts:
Episode 27: Immigration Success Is Not A Sprint
Episode 26: The Wrong First Question:
Recommended Links For More Information:
How A Deportation Lawyer Can Help Win Hard Cases At Immigration Court
EOIR Motions To Reopen vs Motions To Reconsider: A Second Chance To Win At Immigration Court
“If destruction be our lot”, Abraham Lincoln once noted, “we must ourselves be its author and finisher.”
That was 187 years ago.
Many things have changed in the United States since that time.
But not the destructive power of racism.
Related Podcasts:
Episode 204: When Was America Great (For Immigrants)?
Episode 157: Divide And Conquer
Recommended Links For More Information:
The Anti-Immigrant Propaganda War
The Battle To Correct False Labels About Immigrants
Immigration law, at times, reminds me of the classic Western, “The Good, The Bad, And The Ugly.”
The Good, played by Clint Eastwood, is a subdued yet confident bounty hunter, ready to dive into battle.
The Bad is a ruthless and unfeeling mercenary who always finishes a job he is paid for.
The Ugly is a fast-talking bandit, who has committed a long list of crimes.
Similarly, there are good lawyers, bad lawyers, and outright scammers.
Related Podcasts:
Episode 123: The Immigration Danger Of False Friends
Episode 89: Beware Misleading U Visa Advertising
Recommended Links For More Information:
If You’re Looking For Green Card Help: Beware Immigration Fraud
Just Say No To Notarios
I still remember my first immigration trial.
I worked hard to cover every angle in advance.
At the end of the hearing, the judge threw a curve at me.
In his view, my client could not prove good moral character.
Being a new attorney, I was startled and afraid I had not prepared adequately.
Related Podcasts:
Episode 137: Sports And Immigration
Episode 84: 7 Tips For Resilience
Recommended Links For More Information:
Why Thoroughness Should Not Be A Mere Afterthought In Consultations
How Much Do You Charge For Immigration Services?
I subscribe to chaos.
More precisely, I subscribe to chaos theory as a time management philosophy.
Because chaos is inevitable, chaos theory teaches it is a force that should be accounted for in our daily lives.
Related Podcasts:
Episode 142: How A Virtual Immigration Lawyer Helps Clients
Episode 53: Never Buy The Pessimism Of Others
Recommended Links For More Information:
The Battle For Immigration Justice: Why Compassion Matters
The Fallacy Of Quick Immigration Fixes
I am not a fan of hardship letters.
In a previous episode, I outlined my opposition. However, I realize some folks, seeking I-601 waivers, will proceed forward anyway.
As a result, I will discuss the six most common hardship issues discussed in government websites.
On two conditions.
That you agree to call, minimally, what you write “a Hardship Statement”. Not a Hardship Letter.
That you agree to develop strong evidence to support each of the issues discussed in your Hardship Statement.
Related Podcasts:
Episode 208: Why I Do Not Write Hardship Letters
Episode 40: Ditch Robotic Hardship Formulas
Recommended Links For More Information:
I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver Cases
Immigrants Without Lawyers: Five Common Pro Per Mistakes
Immigrants and their spouses often call my office for help with writing their hardship letter. Usually, the request is related to an I-601A waiver application.
To most callers, the request seems simple. But in my view, this type of request spells potential danger.
In fact, most persons who make such requests view the letter as a mere 3-4-5 page document.
After all, that’s a letter, right?
Related Podcasts:
Episode 40: Ditch Robotic Hardship Formulas
Episode 23: Say No To Notarios
Recommended Links For More Information:
An Immigration Fable: The Tortoise And The Hare
The Fallacy Of Quick Immigration Fixes
The only fear we have to fear, once said Franklin Delano Roosevelt, our country’s 32nd president, is fear itself.
His comment, though often quoted, is quite frequently not followed.
This is true of many immigrants whom I met, after they lost their dreams of living in the United States legally.
Due to their fears.
They lost because they failed to go forward. To take a leap of faith and believe victory was possible.
Related Podcasts:
Episode 16: The Brave Man Is Not Without Fear
Episode 23: Say No To Notarios
Recommended Links For More Information:
Dare To Dream Of Things That Never Were – And Ask “Why Not?”
The Fallacy Of Quick Immigration Fixes
Many folks decide to handle immigration cases on their own. That’s understandable.
It is rarely prudent.
Over the years, I’ve seen the outcome for countless individuals who decided to represent themselves.
Many submit their paperwork, and months later, they go to an interview at the local U.S. Citizenship and Immigration Services office, anticipating a green card.
They returned home deflated, often clueless why their applications were rejected.
Related Podcasts:
Episode 73: Why Entries And Exits Can Make Or Break Your Case
Episode 36: The Myth Of Unaffordable Fees
Recommended Links For More Information:
Why Thoroughness Should Not Be A Mere Afterthought In Consultations
The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences
Even though I am a pro-immigrant attorney, I’m willing to admit that some immigrants commit bad acts.
It bothers me, as a matter of policy, when colleagues portray immigrants as quasi-angels.
Such an approach harms immigrants in the long run.
Like U.S. citizens, most immigrants are good, honest, hard-working people.
Unfortunately, not all.
However, immigrant opponents commit a bigger wrong when they try to claim the majority of newcomers are criminals, thieves, and violent individuals.
Related Podcasts:
Episode 150: Immigrant Seniors
Episode 80. A Lawyer And His Mother
Recommended Links For More Information:
The Battle For Immigration Justice: Why Compassion Matters
A Tribute To My Father: An Immigrant Success Story
The Make America Great Again folks, known as MAGA, have it all wrong.
What they consider a great America, I recall being a overly discriminatory county.
One in which my parents, my family, and my neighbors were deemed second-class human beings.
In large part, because of their immigrant roots.
A return to those days is a step backwards.
Related Podcasts:
Episode 94: Words Matter: The Political Myth Of Anchor Babies
Episode 147: Immigrants As Political Fodder
Recommended Links For More Information:
The Anti-Immigrant Propaganda War
Lessons From 1965: Why Skills-Based Reform Is Xenophobia In Disguise
The first step in the green card process, completing the initial petition for an immigrant relative, seems simple.
After all, the petition – called an I-130 petition -looks simple.
Nonetheless, devastating problems can result if actions related to the form is not handled in a conscientious manner.
Related Podcasts:
Episode 143: Upgrading I-130 Petitions For Immigrant Spouses: Tips And Pitfalls
Episode 37: Is Your Marriage Bona Fide?
Recommended Links For More Information:
The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences
Just Say No To Notarios
In our previous episode, we discussed motions to reopen.
More specifically, we talked about challenging a negative USCIS decision based on a factual-based opposition.
Today, we’ll explore a challenge based on a legal issue.
This is called a motion to reconsider.
A motion to reconsider asks that the decision be reexamined based on the improper disregard or misinterpretation of applicable law.
Related Podcasts:
Episode 37: Is Your Marriage Bona Fide?
Episode 86: Perilous Road To Green Cards Through Second Marriages
Recommended Links For More Information:
What Happens If Your Marriage Green Card Is Denied By USCIS?
USCIS Motions to Reopen vs Motion to Reconsider: How To Win A Green Card After Denial Sec
Many couples begin the permanent residence process by taking it too lightly.
They get married. They file an application for permanent residence. They go to an interview.
They think that’s it.
In short, they believe that because getting a green card through a marriage is perhaps the easiest way to get a green card – coupled with the fact their marriage is legitimate - victory is guaranteed.
Wrong.
Sometimes the negative decision is based on a government miscue.
Can the decision be challenged?
Related Podcasts:
Episode 162: What's In The USCIS Green Card Checklist?
Episode 154: Two USCIS Warnings: NOIDS vs RFEs
Recommended Links For More Information:
What Happens If Your Marriage Green Card Is Denied By USCIS?
USCIS Motions to Reopen vs Motion to Reconsider: How To Win A Green Card After Denial
Are you a permanent resident, but your status is conditional?
If this is your situation, then you’re required to file a petition to remove the conditions.
This is a petition which you and your U.S. citizen spouse are supposed to file jointly.
But what happens if the two of you have to decided to go your own ways?
Does this mean you’re going to lose your green card status?
Related Podcasts:
Episode 132: Green Card Tips For Couples Before Marriage
Episode 37: Is Your Marriage Bona Fide?
Recommended Links For More Information:
Immigrant Spouses And K-1 Fiancées: The Danger Of Abandonment And Separation
10 Facts You Should Know About I-751 Petitions To Remove Conditions
Do you have a hearing coming up in Immigration Court?
Are you worried about how to answer questions you’re asked?
Want insights on how to put your best foot forward?
Here are seven tips on how to give your best testimony at Immigration Court.
Related Podcasts:
Episode 181: What Is The Notice To Appear?
Episode 60: What Is A Merits Hearing?
Recommended Links For More Information:
The Six Roles Of Your Deportation Lawyer
Immigration Court: Deportation Defense
It’s no secret. The U.S. immigration system needs repair.
But how you ask?
Well, actually, a few simple ideas could greatly improve the process for family-sponsored green card applicants.
Here are five small changes that would (a) reduce how many immigrants are waiting for interviews and (b) how long they need to wait before the big day occurs.
Related Podcasts:
Episode 188: Guiding Principles For Immigration Reform
Episode 68: Why A Border Wall Is Not The Answer
Recommended Links For More Information:
Renewing The Battle For The Reuniting Families Act
Trapped In The Politics Of The 1960s: Immigrant Relative Visas
Today, I’d like to discuss priority dates, one of the most significant concepts in green card cases.
It’s one of those terms many immigrants have heard, but do not really understand what it means or how It works.
Yet, when an immigrant reaches his or her priority date, it marks a major milestone for them, bringing their dreams and hopes one big step closer to becoming reality.
Related Podcasts:
Episode 143: Upgrading I-130 Petitions For Immigrant Spouses: Tips And Pitfalls
Episode 111: What Does Conversion Of Immigrant Petitions Mean?
Recommended Links For More Information:
How To Understand Visa Preference Categories: Green Cards From Abroad
Down The Green Card Rabbit Hole: A Journey To The Back Of The Line
United States citizenship.
It’s the final frontier of U.S. immigration law.
And for immigrants who naturalize, the last step of the immigration process takes place when he or she takes the Oath of Allegiance at their naturalization ceremony.
The name, alone, tells the main purposes of such a recital at the moment one becomes a U.S. citizen.
Related Podcasts:
Episode 192: Citizenship vs Permanent Residence: The Differences
Episode 65: The Truth About Dual Citizenship
Recommended Links For More Information:
The Oath Of Citizenship
Women Stripped Of U.S. Citizenship Because Of Marriages To Immigrants
It’s a terrible law.
Imagine you’re a virtual assistant – who works from home – from a country outside the United States.
You visit a cousin in the United States. You enter on a tourist visa.
While, you’re here, you turn on your laptop, and you do some work for a client who lives in England, Canada, or Singapore.
Once you turned on your computer to help one of your clients, you’re deemed to be in violation of your visa.
And this could lead to a finding of being inadmissible, several years later, even as the spouse of a U.S. citizen.
Related Podcasts:
Episode 102: Immigrants Do Not Come To America To Steal Jobs
Episode 73: Why Entries And Exis Can Make Or Break Your Case
Recommended Links For More Information:
Four Insights About The Economic Contributions Of Immigrants In The United States
Can A Tourist Visa Overstay Win Permanent Residency?
Why do so many U.S. citizens fear the impact of immigration reform?
Is their opposition based on facts or misconceptions?
Since changes to immigration law in 1997, advocates for immigrants have been forced to play defense.
The arguments against reform, however, have remained the same.
Related Podcasts:
Episode 188: Guiding Principles For Immigration Reform
Episode 4: Fighting Hate With Hate Is Not The Answer
Recommended Links For More Information:
The Insidious Mythology Of Immigration Ghettos
Four Insights About The Economic Contributions Of Immigrants In The United States
“Who can I immigrate?”
This is one of the most common questions that immigration lawyers are asked.
The answer depends.
Who you can immigrate depends on whether you are a U.S. citizen or a lawful permanent resident.
Related Podcasts:
Episode 143: Upgrading I-130 Petitions For Immigrant Spouses: Tips And Pitfalls
Episode 111: What Does Conversion Of Immigrant Petitions Mean?
Recommended Links For More Information:
How To Understand The I-130 Immigrant Relative Petition
Immigrant Visa Petitions: The First Step In The Family-Based Green Card Process
Back in my days of political activism, twice per year, I would organize door-to-door voter registration campaigns.
Volunteers would carry citizenship pamphlets just in case they knocked on the doors of permanent residents who had not taken the next step to seek naturalization.
I did not think we would run into very many of these folks.
To my surprise,I learned countless individuals – though lawful residents – had no desire to be U.S. citizens.
Related Podcasts:
Episode 153: Renewing Your Green Card: What You Need To Know
Episode 65: The Truth Of Dual Citizenship
Recommended Links For More Information:
Why Permanent Residents Should Become Naturalized Citizens
The Oath Of Citizenship
For nearly three decades, immigrant opponents have focused their attacks on migrants from four countries – Mexico, Guatemala, Honduras, and El Salvador – the four countries closest to the country’s southwest borders.
They assert a border wall is needed. Doors to entry need to be locked.
They fail to realize that the world’s migration flows have changed.
Their focus is misplaced. Their solution is misguided.
Related Podcasts:
Episode 161: Vinnie The Brave
Episode 55: 71 Million Refugees
Recommended Links For More Information:
What You Need To Know About Cambodian Refugee Deportations
Will The U.S. Honor Its Permanent Residence Promises To Iraqi And Afghan Interpreters?
Immigrants who have entered the U.S. without permission or overstayed their visas live everyday with constant worry.
They fear being apprehended and deported – before they can obtain permanent resident status.
Such immigrants are often vulnerable to deceptive shysters promising them sure-fire solutions.
Living in the shadows, it’s tempting for some to listen when they meet someone who says, “I know someone who can help.”
Or, “I have a friend inside the Immigration Service.”
Related Podcasts:
Episode 123: The Immigration Danger Of False Friends
Episode 81: Immigration Reform And Con Artists
Recommended Links For More Information:
Immigration Fraud Scam: Beware False Friends
Government Inside Connection Ploy
When U.S. citizens complain about migration at the southwest borders, most overlook two key factors. ·
The role of the U.S. in creating conditions which have led to the exodus of persons from various countries.
And the role of the U.S. in helping to alleviate such conditions.
Related Podcasts:
Episode 171: Nine Rings Of Hell For Central American Refugees
Episode 155: Reverse Brain Drain
Recommended Links For More Information:
Why The U.S. Must Grasp The Root Causes Of Central American Migration
The Second Cooler: A Documentary About The Causes Of Southwest Migration To The U.S.
I do not claim to have the complete answer to fixing the U.S. immigration system.
Of course, I have some ideas.
More importantly, however, I know that all systems, to be effective, must be based on a few guiding principles.
Immigration law is no different.
Related Podcasts:
Episode 80: A Lawyer And His Mother
Episode 42: Cookies And Immigration
Recommended Links For More Information:
The Morality Of Comprehensive Immigration Reform At A Public Crossroads
The Battle For Immigration Justice: Why Compassion Matters
As part of your hardship evidence documents, it is beneficial to collect written statements from persons who have first-hand experiences with your family circumstances.
These statements provide the government with greater insights about the close-knit relationship between you, your spouse, your children, and perhaps other close family members.
But you do not want to just ask anyone who knows you and your family.
Related Podcasts:
Episode 128: What To Say To Anti-Immigrant Family Members
Episode 53: Never Buy The Pessimism Of Others
Recommended Links For More Information:
Beware The Role Of Discretion In I-601 Hardship Waiver Decision-Making
Persistence Is Often The Key To Immigration Success
It was the end of a heated battle.
It was closing argument.
I began.
The concept of hardship, your honor, I said, is not a silver spoon theory.
What sufferings a person experiences in life, what contributions they make to this world, is not restricted to a small set of persons with elite titles and work positions.
Related Podcasts:
Episode 180: Judicial Bullies
Episode 42: Cookies And Immigration
Recommended Links For More Information:
13 Tips For Testifying At Your Immigration Court Merits Hearing
How A Deportation Lawyer Can Help Win Hard Cases At Immigration Court
The conditions of an immigrant’s home country is an important issue in all I-601 and I-601A cases.
Yet, such evidence is often minimized in waiver applications.
The result?
Many factors, which could make a difference between winning and losing, are missed in the process.
Related Podcasts:
Episode 168: The Human Side Of Economic Hardships
Episode 172: Burden Of Proof: Separation Or Relocation
Recommended Links For More Information:
Why The U.S. Must Grasp The Root Causes Of Central American Migration
What Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Parents?
Immigrants come to the United States for a singular purpose: to live a better life.
A different reality often confronts them.
Like stepping from a frying pan into a fire, once placed in immigration court proceedings, they come into contact with other individuals, who, trapped in their own personal misery, impose their negative sentiments onto immigrants.
Related Podcasts:
Episode 20: An Immigration Court Of Rudeness
Episode 5: No Handshakes Allowed
Recommended Links For More Information:
Judicial Bullies In Black Robes: A Critique Of Immigration Courts
A Simple Suggestion To Reform Immigration Bureaucracy
Anti-immigrant folks claim newcomers enter the U.S. to live off the government dole.
The fear is embodied in immigration policy.
The government does not want soon-to-be green card holders to become public charges relying on government support, such as welfare, food stamps, or Medicaid.
Thus, when immigrants seek to win a green card, they must submit an Affidavit of Support.
Related Podcasts:
Episode 168: The Human Side Of Economic Hardships
Episode 149: Do Not Fear A Request For Evidence
Recommended Links For More Information:
Nine Affidavit Of Support Keys To Permanent Residence Success
Don’t Make These 8 Marriage Green Card Mistakes
The hardships of U.S. born children (or lawful permanent children) are often the deciding factor in waiver cases.
This is true even when the children are non-qualifying relatives in an I-601A matter.
It depends, in part, how much a child is close to dependent upon the parent whom is to be removed from that child’s life.
This means evidence should be submitted that showcases bits and pieces of the child’s development.
Their development, after all, impliedly speaks volumes about their parents.
Related Podcasts:
Episode 125: The Plight Of U.S. Citizen Spouses Of Immigrants
Episode 94: Words Matter: The Political Myth Of Anchor Babies
Recommended Links For More Information:
I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver Cases
What Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Parents?
Do you have a date coming up in Immigration Court?
If so, it means you have been served with a Notice To Appear – often referred to an NTA.
It means the government has brought charges against you, and is asking the immigration court to deport you from the United States.
The Notice To Appear is a short document – usually just two pages.
Don’t be fooled by its apparent simplicity.
Related Podcasts:
Episode 59: What Is A Master Calendar Hearing?
Episode 60: What Is A Merits Hearing?
Recommended Links For More Information:
Deportation Defense
What You Need To Know About Removal Hearings And Trials
The young lawyer stepped tenderly to the podium. His case was the first to be called on the 8:00 a.m. calendar.
He seemed a few months out of law school.
As he spoke to the immigration judge, his voice squeaked. His motion was simple. He asked for a new hearing date.
Waiting my turn, I listened to his presentation.
The request seemed reasonable to me.
The judge blew a fuse.
Related Podcasts:
Episode 59: What Is A Master Calendar Hearing?
Episode 20: An Immigration Culture Of Rudeness
Recommended Links For More Information:
13 Tips For Testifying At Your Immigration Court Merits Hearing
Misery Loves Immigrant Company
There are four separate paths to U.S. citizenship:·
- Citizenship through Birth
- Citizenship through Acquisition
- Citizenship through Derivation
- Citizenship through Naturalization
Each of these paths has its own set of requirements.
Let’s go through them one- by-one.
Related Podcasts:
Episode 156: The Morales-Santana Citizenship Case
Episode 65: The Truth About Dual Citizenship
Recommended Links For More Information:
Citizenship And Midwives: A Government Witch Hunt?
Deported Immigrant Veterans And The Failed Promises Of Military Citizenship
Immigration waiver law limits the evaluation of hardship to the suffering of qualifying relatives.
For I-601A cases, there are, at most, three persons who count as qualifying relatives: an immigrant’s spouse, mother, or father. They must be U.S. citizens or lawful permanent residents.
Yet, non-qualifying relatives are often the key to winning I-601 or I-601A waivers.
Related Podcasts:
Episode 172: Burden Of Proof: Separation Or Relocation
Episode 164: The Power Of Psychological Reports
Recommended Links For More Information:
Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver Cases
Beware The Role Of Discretion In I-601 Hardship Waiver Decision-Making
One of the quirks about hardship law is that it is the immigrant’s citizen or permanent resident spouse’s hardship that counts - not the immigrant’s hardship.
I hear you now.
"But, but, but, it's the immigrant’s case." It is, you're right.
Yet, who is the legal resident, the U.S. citizen?
That doesn't mean other factors will not play a role in shaping the final presentation of evidence.
The case, however, begins and centers on the spouse who is in the U.S. with legal status.
Related Podcasts:
Episode 168: The Human Side Of Economic Hardships
Episode 166: Community Service: A Plus Factor For Immigrants
Recommended Links For More Information:
I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver Cases
8 Tips For Winning Your I-601 Waiver And Family Unity Hardship Case
A person can enter the U.S., and even be living in the U.S., without having been legally admitted.
If a person has made a lawful entry, this means they have been inspected and authorized to come into the country. This is deemed a lawful entry.
Parole, on the other hand, allows immigrants to enter or live in the U.S., as if they have been admitted, for a temporary period, even though they have not made been admitted.
There are three different types of parole.
Related Podcasts:
Episode 158: Too Little, Too Late: Filipino World War II Veterans
Episode 139: The Unfortunate Roots Of DACA
Recommended Links For More Information:
Grandfathering: How To Win Adjustment Of Status Under INA 245(i)
Why U.S. Citizen Spouses Are The Key To immigration Reform
For nearly three decades, many U.S. Citizen spouses have lived in fear of losing their immigrant companions.
Even though they can file to sponsor their husbands or wives for permanent residence, there is a major obstacle.
Their spouses entered the country without permission.
And Congress has turned a deaf ear to them.
Related Podcasts:
Episode 125: The Plight Of U.S. Citizen Spouses Of Immigrants
Episode 103: 4 Biden Changes That Restore Normality To Immigration
Recommended Links For More Information:
Why U.S. Citizen Spouses Are The Key To immigration Reform
Four Insights About The Contributions Of Immigrants In The United States
Several years ago, I went to immigration court with a client, who, like many others, made a foolish mistake as a young man.
Now, he was in his late 30’s, a much wiser man, who cared deeply about his family.
We were expecting a full-blown merits hearing, a full-blown immigration trial.
The outcome would turn on the family’s hardship if he were to be deported.
Related Podcasts:
Episode 42: Cookies And Immigration
Episode 21: Trickle Down Hate
Recommended Links For More Information:
The Battle For Immigration Justice: Why Compassion Matters
A Tribute To My Father: An Immigrant Success Story
Import voters?
Sheesh, come on, Mr. Musk, what does that mean?
I know you’re not that short-sighted.
So there is only one way to interpret your comment.
Related Podcasts:
Episode 147: Immigrants As Political Fodder
Episode 42: Cookies And Immigration
Recommended Links For More Information:
Immigration Politics And The Future Of Immigration Reform
The Attack On The 14th Amendment And The Myth Of Anchor Babies
Who has the burden of proof in I-601 waiver cases?
The waiver applicant. The immigrant.
This means the applicant has the responsibility for showing the Qualifying Relative will suffer extreme hardship if the applicant’s waiver application is denied.
There are three different levels when it comes to a person’s burden of proof.
Related Podcasts:
Episode 170: Towards Simplifying The Meaning Of Hardship In Immigration Cases
Episode 166: Community Service: A Plus Factor For Immigrants
Recommended Links For More Information:
I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships
Beware The Role Of Discretion In I-601 Hardship Waiver Decision-Making
As I visited a book store the other day, I gravitated to the Classics Literature section. Glancing through the selections, I paused when my eyes reached Dante’s Inferno, a literary masterpiece about one’s spiritual journey through nine rings of hell.
That was not the book’s only message, as it also illuminated the suffering of exile and leaving behind what a person loves most.
Although composed over 1,000 years ago, it remains applicable to the plight of Central Americans migrants seeking refuge in the U.S. who must overcome their own nine rings of hell.
Related Podcasts:
Episode 87: Why Immigration Reform Depends On (Defeating) Smuggling
Episode 123: The Immigration Danger Of False Friends
Recommended Links For More Information:
Why The U.S. Must Grasp The Root Causes Of Central American Migration
Central American Children Refugees: A Failure To Plan Ahead
The concept of hardship is used in all sorts of immigration cases.
Yet, nowhere is it defined in immigration law.
Why?
Because it’s one of those terms incapable of a tight clarification.
If you feel puzzled, you’re not alone.
Related Podcasts:
Episode 40: Ditch Robotic Hardship Formulas
Episode 95: Hardship Insights For Immigrants Without Lawyers
Recommended Links For More Information:
What Happens To U.S. Citizen Children Forced To Relocate?
The New USCIS I-601 Hardship Waiver Guidelines – What Are The Differences?
I’ve long subscribed to the marketplace of ideas.
As former Supreme Court Justice Oliver Wendell Holmes wrote back in 1919, “The best test of truth is the power of the thought to get itself accepted in the competition of the market.”
I agree.
No one can lay claim to alone know the truth. And to the extent truth is left untested, it tends to become rigid dogma.
Why, then, in a nation which presumably prides itself on free speech, do people speak over others, refusing to listen to what others have to say?
Related Podcasts:
Episode 21: Trickle Down Hate
Episode 43: Immigration Karate Chops
Recommended Links For More Information:
The Anti-Immigrant Propaganda War
Why The One-Party Blame Game Is An Outdated Political Anachronism
The number one issue I hear when people talk about 601 waivers pertain to economic and financial concerns.
Immigrants and their spouse almost instinctively equate hardship with monetary issues.
And that’s natural.
But it’s too short-sighted.
Related Podcasts:
Episode 66: Unclaimed Immigrant Income Taxes
https://immigration-mastermind.captivate.fm/episode/immigrant-seniors
Recommended Links For More Information:
Four Insights About The Economic Contributions Of Immigrants
8 Tips For Winning Your I-601 Family Unity Hardship Case
Language bloat.
Sentences that go on forever. Words you’ve never heard before.
Phrases you don’t comprehend.
Lawyers are especially guilty.
This cancer – writing and speaking in ways that others do not understand – often shows up at court hearings.
Related Podcasts:
Episode 89: Beware Misleading U Visa Advertising
Episode 80: A Lawyer And His Mother
Recommended Links For More Information:
Why Do Lawyers Talk Like That?
The Hidden Immigration Danger Of Deceptive Social Media Advertising
Many experts will tell you community activities of the immigrant are not important to whether a I-601 waiver is granted or denied.
They’re wrong, flat out wrong.
It's especially effective for immigrants who have lived in the U.S. too long without permission.
It transforms the perspective of that time from a negative to a positive.
Related Podcasts:
Episode 102: Immigrants Do Not Come To America To Steal Jobs
Episode 42: Cookies And Immigration
Recommended Links For More Information:
Beware The Role Of Discretion In I-601 Hardship Waiver Decision-Making
Immigrants Who Give More To Others Than They Ask For In Return
I miss old friends I will never see or talk to again.
Old friends whose life paths I know nothing about.
That saddens me. I thought we’d be friends forever.
Now we’re just memories to each other.
Related Podcasts:
Episode 90: A Small Thank You To Cafeteria Workers
Episode 160: If There's A Will, There's A Way
Recommended Links For More Information:
Persistence Is Often The Key To Immigration Success
From Cambodian Immigrant And Political Refugee To College Professor
How do you measure a broken heart?
More precisely, how do you measure the emotional distress and loneliness one feels if they are separated from a spouse or other loved person due to the denial of a family unity waiver?
And how do you present evidence of such loss to an immigration adjudicator?
The obvious answer is through a psychological evaluation.
But not just any psychological evaluation will do.
Related Podcasts:
Episode 141: 10 Tips For Underdogs
Episode 94: Words Matter: The Political Myth Of Anchor Babies
Recommended Links For More Information:
10 VAWA Keys To Prove Extreme Cruelty And Win A Green Card
8 Tips For Winning Your I-601 Waiver And Family Unity Hardship Case
It’s no secret.
Immigration law in the United States is in need of an overhaul.
I’ve long pondered whether such change will occur through politics, or whether the legal process is the only option truly available to reformers.
Both approaches have limits.
Related Podcasts:
Episode 157: Divide And Conquer
Episode 144: Flawed All Or Nothing Immigration Reform Strategy
Recommended Links For More Information:
Why Immigrant Advocates Should Join The War Against Smuggling
Lessons From The Same-Sex Marriage Supreme Court Victory
In many, if not all, USCIS offices, the government uses checklists to review green card marriage applications.
These issues on these checklists are not supposed to be the end-all to evaluations of permanent resident applications.
In fact, many of the issues are subject to various interpretations.
But they help officers spot certain responses that need to be looked at a little deeper.
Related Podcasts:
Episode 154: Two USCIS Warnings: NOIDs Vs RFEs
Episode 45: How To Prevent Immigration Filing Fraud
Recommended Links For More Information:
The USCIS Fraud Checklist: Green Card Applicants Under Review
DHS Immigration Fraud Policy: Misfocused Blame Game
Imagine being six years old, watching your father being killed by a firing squad.
Standing there, with your mother and slightly older sister.
That’s Vinnie’s story.
Related Podcasts:
Episode 41: Unfair Cambodian Refugee Deportations
Episode 96: The Age Of Immigration Darkness
Recommended Links For More Information:
What You Need To Know About Cambodian Refugee Deportations
From Cambodian Immigrant And Political Refugee To College Professor
I wanted to retire.
I felt unmotivated to fight.
My passion for law had disappeared.
My mother had passed away.
Fighting my own emotional wounds, I had nothing left over to give to others.
Related Podcasts:
Episode 80: A Lawyer And His Mother
Episode 42: Cookies And Immigration
Recommended Links For More Information:
The Battle For Immigration Justice: Why Compassion Matters
A Tribute To My Father: An Immigrant Success Story
The Violence Against Women Act, commonly known as VAWA, provides protection for immigrant spouses and children who have suffered abuse and cruelty at the hands of a U.S. citizen or lawful permanent resident.
There are two roads to protection under VAWA.
The first is through filing a self-petition with the U.S. Citizenship and Immigration Services.
The second occurs by filing for VAWA cancellation of removal at immigration court.
Immigrants, facing deportation charges at immigration court, often do not know the differences, causing them to lose their cases.
Related Podcasts:
Episode 127: VAWA For Immigrant Males
Episode 104: New U Visa Procedures To Help Immigrant Victims Of Crime
Recommended Links For More Information:
VAWA For Immigrants
VAWA Protections For Abused Immigrant Children
The immigration history of the United States has several embarrassing moments – some of which still affect immigration programs today.
Many, many decades later. . .
Take the Filipino World War II Veterans Parole Program, (known by its acronym – FWVP) implemented by the Obama Administration on June 8, 2016.
Three years later, in 2019, Itstermination was announced by President Trump, as part of his effort to purge immigrant-friendly measures - only to be taken off the chopping block by the Biden Administration.
But that’s not the real story.
The real story dates back nearly 70 years ago. .
Related Podcasts:
Episode 108: The Untold Story Of The Chinese And Black Slaves Alliance In The American South
Episode 93: The Plight Of Afghan And Iraqi Translators
Recommended Links For More Information:
Filipino Family Reunification: A Battle To Restore A 75-Year Old Promise
What Is The Filipino World War II Veterans Parole Program (FWVP)?
In a previous episode, I discussed how immigration reform might occur with a united political front of supporters from diverse cultural backgrounds.
Afterwards, several listeners and colleagues disagreed.
“Carlos”, they said, “your views are based on a pipe dream.”
They missed my point.
I know that we may never be able to achieve perfect unity.
But we can – and should – minimize the fragmentation and segregation in the house of immigration reform.
Related Podcasts:
Episode 151 : United We Stand
Episode 10: Why Immigrants Should Support The Cuban Adjustment Act
Recommended Links For More Information:
No Room For Segregation In The House Of Immigration Reform
The Anti-Immigrant Propaganda War
Question: When is a victory NOT a victory?
Answer: When the case is about immigration law.
Okay, I exaggerate.
A little bit.
Take the Morales-Santana decision.
The case involved how U.S. citizens confer U.S. citizenship to their children born in another country.
Related Podcasts:
Episode 65: The Truth About Dual Citizenship
Denaturalization: A New Fear For Immigrant Communities?
Recommended Links For More Information:
What Is The Citizenship Of A Baby Born In Airspace?
Unlocking The Doors Of Citizenship After A Missed Family Generation
I am strongly pro-immigrant. I want immigrants, especially from poor countries, to have the same opportunities as those of us from wealthier nations.
But I’m torn on the issue of professional visas.
My discomfort arises from the dog-eat-dog attitude displayed by some immigration lawyers.
They complain about the loss of skilled immigrants because these workers will return to their home countries and work for U.S. competitors.
They’ve even invented a term for this situation.
Reverse brain drain.
Their position is disingenuous.
Related Podcasts:
Episode 117: Undocumented Immigrants: A Few Statistics
Episode 66: Unclaimed Immigrant Income Taxes
Recommended Links For More Information:
The Misguided Notion Of Reverse Brain Drain
Four Insights About The Economic Contributions Of Immigrants In The United States
A few episodes ago, we discussed the meaning of Requests For Evidence, known as RFEs.
We talked about how they are not an indication that your case is about to be denial.
Today, I want to explain a different type of notice called NOIDs, short for Notice Of Intent To Deny.
Many green card seekers get confused with the differences between a NOID and an RFE. Let's explore their similarities and differences.
Related Podcasts:
Episode 149: Do Not Fear A Request For Evidence
Episode 45: How To Prevent Immigration Filing Fraud
Recommended Links For More Information:
Does A Request For Evidence Lead To A Green Card Denial?
What You Need To Know About Requests For Evidence
Today, let's discuss a practical subject.
Renewing your green card.
We’ll begin with the question most frequently asked by persons about renewing their green card.
"Will I be deported for having an expired permanent resident card?"
Related Podcasts:
Episode 72: What's In Your Immigration File?
Episode 2: Three Filing Mistakes To Avoid
Recommended Links For More Information:
11 Insights You Should Know About Winning Permanent Residence (Here And Abroad)
Immigrants Without Lawyers: Five Common Pro Per Mistakes
Imagine being able to apply for permanent residence no matter how you arrived.
Whether you crossed the border into the United States from Canada or Mexico without proper documents. Or whether you entered on a touristvisa and decided to remain here.
Well, you can.
Assuming you arrived before New Year’s Day in 1972 and have lived here continuously since then.
Related Podcasts:
Episode 150: Immigrant Seniors
Episode 140: What Is INA 245(i)
Recommended Links For More Information:
Immigrant Seniors In Search Of Permanent Residency
Persistence Is Often The Key To Immigration Success
I’ve said it before. I’ll say it again.
United we stand, divided we fall.
This theme was the title of a popular song in the early 1970s. But it is far more than that.
It is a slogan worth adoption by all immigration reform supporters, by all immigrant communities.
For if immigration reform is to take place, it will be the product of a team effort.
Related Podcasts:
Episode 101: An Alliance Born Of Discrimination And Exclusion
Episode 10: Why Immigrants Should Support The Cuban Adjustment Act
Recommended Links For More Information:
No Room For Segregation In The House Of Immigration Reform
Forgotten Alliance Of The Late 1800s: Freed Black Slaves And Chinese Immigrants In The American South
Growing up, I was raised to respect my elders.
If I was riding in a crowded bus or subway, and there were no open seats, I was taught to stand up and offer my seat to seniors and older adults.
Common courtesy to seniors was as American as apple pie.
It was – and is - the right thing to do for a vulnerable population.
So why not begin immigration reform by carving a path to legalization for immigrant seniors?
Related Podcasts:
Episode 152: Registry: A Fading Path To Legalization
Episode 66: Unclaimed immigrant Income Taxes
Recommended Links For More Information:
Immigrant Seniors In Search Of Permanent Residency
Persistence Is Often The Key To Immigration Success
It’s not uncommon for immigrants to panic when they receive a letter entitled “Request For Evidence” from the government.
Many fear the Request For Evidence, known as an RFE, means they’re going to lose.
They call my office and say, “We don’t have any more evidence.”
Their fears are often misplaced.
Related Podcasts:
Episode 154: Two USCIS Warnings: NOIDs Vs RFEs
Episode 45: How To Prevent Immigration Filing Fraud
Recommended Links For More Information:
Does A Request For Evidence Lead To A Green Card Denial?
What You Need To Know About Requests For Evidence
In the early 20th century, before public health care centers sprouted, it was not unusual for children to be born at home with the help of a midwife.
This practice was more common in poorer areas like rural towns, such as those in South Texas, along the U.S. - Mexico border region.
Today, such births often create nightmares for United States citizens – who find themselves suddenly alleged by the U.S government to be perpetuators of immigration fraud.
Related Podcasts:
Episode 118: The Raul Rodriguez Story: Undocumented Immigrant, Exemplary Immigration Officer
Episode 68: Why A Border Wall Is Not The Answer
Recommended Links For More Information:
Citizenship And Midwives: A Government Witch Hunt?
Fraudulent Midwife Citizenship Birth Registrations: The Devastating Impact On Children Of Immigrants
Let’s be honest.
When it comes to immigration reform, both sides of the political aisle in Congress are engaged in a cynical game that treats migrants as campaign fodder for election purposes.
In so doing, they create a public impression that immigration is an intractable issue which, they claim, the other side is causing by their stubbornness to rigidly adhere to demands that are unacceptable.
Lost in this immature exchange of absolutism is the failure to craft sensible policies that help human beings in desperate need of stability and security.
Related Podcasts:
Episode 144: Flawed All Or Nothing Immigration Reform Strategy
Episode 43: Immigration Karate Chops
Recommended Links For More Information:
Why The One-Party Blame Game Is An Outdated Political Anachronism
The Anti-Immigrant Propaganda War
It was bound to happen.
Sooner or later, as the U.S. has increasingly presented a not-so-friendly welcome mat to those seeking refuge, migrants were bound to look elsewhere in their quests for security and stability. . . .
Even neighbors residing next door, at our Southwest border from Mexico.
That some of our neighbors were trying to enter Canada is not new information to those of us who work in the field of immigration law.
However, the number of individuals bypassing the U.S. is larger than I personally suspected.
Related Podcasts:
Episode 68: Why A Border Wall Is Not The Answer
Episode 3: U.S. Asylum Seekers Flee To Canada
Recommended Links For More Information:
Central American Children Refugees: A Failure To Plan Ahead
From TPS To Asylum In Canada: Betrayal, Hope, And Fear
Immigration decisions are rarely simple.
For instance, take a couple who fall in love. One person is a U.S. citizen living in the United States, the other lives in another country.
They decide to get married. They have two options.
They can get married abroad. Then the U.S. citizen can file a marriage-based petition for their spouse.
Or the citizen could petition their loved one as a fiancé to enter the U.S. and get married her
To make their decision, such couples have six items to weigh: three legal requirements and three personal considerations.
Related Podcasts:
Episode 136: K-1 Visa Requirements Couples Need To Know
Episode 37: Is Your Marriage Bona Fide?
Recommended Links For More Information:
K-1 Visa vs. Marriage Green Card: How To Choose Your Best Option
What You Need To Know For K-1 Fiancé Visa Interview Success
Since I started paying attention to politics in junior high school, I’ve considered myself to be a liberal – and often a so-called “radical” liberal.
But as time has passed, I have noticed that my views do not always jive with the opinions of those considered liberals in the media.
Take immigration.
Like my colleagues, I am angry at what is going at our country’s southwest borders.
I am angry with the mistreatment of poor, starving, luckless folks by border agents, and the shameless grandstanding of politicians who only care to manipulate the public to vote for them.
But I am also upset with my side of the political aisle for not understanding that an “all or nothing” stance will not get us, as a nation, closer to a resolution for those vulnerable souls in need of help and compassion.
Related Podcasts:
Episode 87: Why Immigration Reform Depends On Defeating Smuggling
Episode 4: Fighting Hate With Hate Is Not The Answer
Recommended Links For More Information:
Is The Utah Compact The Beginning Of An Immigration Reform Solution?
Lessons From 1965: Why Skills-Based Reform Is Xenophobia In Disguise
What happens when a lawful permanent resident becomes a U.S. citizen - while the application they filed for their immigrant spouse is pending?
Is it revoked and they have to start over?
Is it automatically changed to a new category?
Well, neither.
Allow me to explain.
Related Podcasts:
Episode 111: What Does Conversion Of Immigrant Petitions Mean?
Episode 74: Immigrant Adoption Potholes
Recommended Links For More Information:
What Family Members Can You Sponsor For A Green Card?
How To Understand The I-130 Form For Immigrant Relative Petitions
Once upon a time, you would use the Yellow Pages to hire a local attorney to help you.
Back then, the internet and technology had not yet shattered barriers to international communication.
Driving to a brick-and-mortar office to meet with your attorney, however far away, was the only game in town.
These days, many folks buy books, clothes, household items, bank, make flight reservations, and download music online through internet and phone technology.
Why should high quality immigration legal services be any different?
Related Podcasts:
Episode 53: Never Buy The Pessimism Of Others
Episode 42: Cookies And Immigration
Recommended Links For More Information:
Immigration Virtual Law Cases We Handle
Immigrants Who Believe In Miracles Can Make Them Happen
Too, too often when clients visit me, I can hear the negative mindset. It comes out, not openly, but in little drips and drabs as they talk about their immigration situation.
Well, it seems my entire career, I have been the little guy fighting the big giant, the government, for my clients.
And I’ve learned a few things about fighting for what you believe in, even when the odds are against you.
Let’s call them Tips For Underdogs.
Related Podcasts:
Episode 16: The Brave Man Is Not Without Fear
Episode 27: Immigration Success Is Not A Sprint
Recommended Links For More Information:
The Fallacy Of Quick Immigration Fixes
Immigrants Without Lawyers: Five Common Pro Per Mistakes
In his first campaign for president, Obama repeatedly told audiences that “It’s vital we bring immigrant families living in the U.S. out of the shadows and provide them with a pathway to citizenship.”
Those of us practicing immigration law at the time thought one of his first actions would be to push for a change of section 245(i) of the Immigration and Nationality Act.
Unfortunately, that did not happen.
Here’s the significance of that unfulfilled promise.
Related Podcasts:
Episode 125: The Plight Of U.S. Citizen Spouses Of Immigrants
Episode 114: Green Card Consular Processing For Marriages
Recommended Links For More Information:
Family-Based Green Cards And Permanent Residence
8 Tips For Winning Your I-601 Waiver And Family Unity Hardship Case
When the Deferred Action For Childhood Arrivals program, commonly known as DACA, was hatched, I was not a fan of the program.
The program was a political sell-out of a better idea: The DREAM Act.
I am still not a fan of DACA . . . although I have learned to leverage the program to benefit clients.
What was lost WAS NOT insignificant – a path to permanent residency. The program, in short, was and is, a dead-end.
The loss lingers today.
Related Podcasts:
Why Entries And Exits Can Make Or Break Your Case
Why Not Seek Success That Has Never Been?
Recommended Links For More Information:
Death Of DACA: Rebirth Of The DREAM Act And Immigration Reform
The Immigration Twilight Zone: Deferred Action For Immigrant Youth
Can a U.S. citizen in an unmarried relationship sponsor his – or her – partner to become a permanent resident?
Maybe.
After all, not all couples who fall in love officially tie the knot.
Instead, they simply live together. They hold themselves out to friends, family and the community as being married but they never formalize the marriage.
Such relationships, commonly known as common law marriages, though not recognized in most states, can provide a pathway to a green card in some circumstances for an immigrant spouse.
Related Podcasts:
Episode 88: Bigamy, Polygamy, And Immigration Law
Episode 86: Perilous Road To Green Cards Through Second Marriages
Recommended Links For More Information:
How Common Law Marriages Help Win Permanent Residence
Polygamy vs Bigamy: A Battle Over Cultural And Religious Imperalism
I played a lot of sports growing up. I learned a lot about competition and achievement - about performing at a high level in an arena of competition.
In particular, I learned the fastest, strongest, or most skilled athlete does not always win.
Success, more often than not, is dependent on certain intangibles, the game within the game.
In other words . . . the internal game of heart and mind . . . inside the external game of sporting events or courtroom battles.
Let’s dive into some of these lessons – lessons applicable to my law practice today.
Related Podcasts:
Episode 84: 7 Tips For Resilience
Episode 80: A Lawyer And His Mother
Recommended Links For More Information:
The Tortoise And The Hare: An Immigration Fable
A Tribute To My Father: An Immigrant Success Story
Often, clients visit my office because they want to immigrate someone they recently met and fell in love with.
However, they have a slight problem. The love of their life lives in another country, hundreds and perhaps thousands of miles away.
Some of these individuals have heard about fiancé visas.
Most have not.
But few know how they work.
So, assuming you want to petition a fiancé from another country, allow me to explain what you need to know.
Related Podcasts:
Episode 132: Green Card Tips For Couples Before Marriage
Episode 56: Keys To A Successful Fiancé Visa Interview (Part 1)
Recommended Links For More Information:
Love Across Borders: Bringing Your Fiancé To The United States
K-1 Visa vs. Marriage Green Card: How To Choose Your Best Option
Ever look back at your year, and wonder what happened to the goals you set?
You started the year with high hopes.
In your mind, you’d already won permanent resident status.
You sat down at the dinner table. You and your spouse talked about getting started.
The two of you looked ahead – you imagined visiting your family living abroad, taking trips with the kids to Disney World, and earning enough money to justify buying a larger screen television and a new car with almost zero mileage.
Now, it’s a year later.
And your goal to win a green card has not moved an inch forward.
Related Podcasts:
Episode 53: Never Buy The Pessimism Of Others
Episode 27: Immigration Success Is Not A Sprint
Recommended Links For More Information:
The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences
Immigrants Without Lawyers: Five Common Pro Per Mistakes
Recently, the political darkness lifted for the Temporary Protected Status program.
After a long five-year battle, TPS recipients can finally breathe a little easier.
At least for now.
The Biden Administration has rolled back efforts to terminate TPS that were initiated under former president Donald Trump.
Yet, being only a temporary program, lasting only 18 months per designation, TPS beneficiaries are NOT guaranteed benefits beyond their current cut-off dates.
Related Podcasts:
Episode 105: Temporary Protected Status Defeat At The Supreme Court
Episode 49: Is The Temporary Protected Status Program Over?
Recommended Links For More Information:
8 Ways TPS Beneficiaries Can Win Permanent Residence (Even If TPS Is Terminated)
What You Need To Know About Temporary Protected Status
“Is immigration causing cultural ghettos in cities?” That was a question recently asked by a New York-based reporter. She added, “And should we be worried?” Not in my view. Cultural enclaves, in many ways, are natural. When immigrants first arrive in the country, whether they speak English fluently or not -- feel more at home in the company of fellow countrymen. This does not mean such areas should be viewed as an aberration, or as an unhealthy development. Rather, they should be seen as not as a blemish on our country, but as a positive indicator of an increasingly diverse populace. Related Podcasts: https://immigration-mastermind.captivate.fm/episode/grocery-store-ethnic-food-aisles (Episode 119: The Social Significance Of Grocery Store Ethnic Food Aisles) https://immigration-mastermind.captivate.fm/episode/unclaimed-immigrant-income-taxes (Episode 66: Unclaimed Immigrant Income Taxes) Recommended Links For More Information: https://www.carlosbatara.com/ethnic-food-aisles/ (How The Emergence Of Ethnic Foods Mirrors Growing Multiculturalism) https://www.carlosbatara.com/immigrant-economic-contributions/ (Four Insights About The Economic Contributions Of Immigrants In The U.S.)
When it comes to important decisions, most people fall into one of two camps. Some folks worry about their problems, over and over again, before they take steps forward. Others discard their initial reservations and move quickly ahead, and only second-guess their choice afterwards. For immigrants seeking permanent residence through marriage to a United States citizen, the first course of action is far more preferable. After all, there are rules and regulations that such couples must meet in order to be successful. And some may affect a couple’s eligibility, good and bad, for permanent resident benefits. Recommended Links For More Information: After The Love Bug Strikes: Three Green Card Options For Couples (Before Marriage) https://www.bataraimmigrationlaw.com/marriage-green-card-mistakes (Don't Make These 8 Marriage Green Card Mistakes) https://www.youtube.com/watch?v=6-CoPxrFa5M (Green Card Marriage: Three Options For Permanent Resident Success After The Love Bug Strikes)
A few weeks, I came across an article entitled “7 National Park Sites That Tell The Story Of Immigration.” Published by The National Parks Conservation Association (known as the NCPA), a non-profit organization founded in 1919, the article listed seven national parks, whose history reflect the highs and lows of the U.S. immigration experience. It’s often said that the United States is a country of immigrants. Our nation’s national park history, good and bad, is a testimonial to that history. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/filipino-immigration-attorney-services (Filipino Immigrants Lawyer Services: How To Move To The United States From The Philippines) https://www.carlosbatara.com/why-not/ (Dare To Dream Of Things That Never Were - And Ask Why Not?)
There are many requirements when immigrants seek to become lawful permanent residents of the United States. Taking a medical exam is one such requirement. The purpose of the exam is to ensure public safety. On October 1, 2021, the COVID-19 vaccine was added to that list. Objections to this action, as one might expect, quickly arose. The vast majority assert it violates their religious freedom. Yet, when I question them to gauge their chances for success, the responses of most cast doubt about their sincerity. Recommended Links For More Information: https://www.carlosbatara.com/give-more-than-ask-in-return/ (Immigrants Who Give More To Others Than They Ask For In Return) https://www.bataraimmigrationlaw.com/covid-19-guidelines-immigration-interviews (COVID-19 Has Changed Immigration Interviews. What You Need To Know)
Over 12% of America’s Black population have been born outside the United States. By 2060, it’s projected about 33% of the U.S. Black population will be foreign-born individuals. However, the integration between Black Immigrants living in the U.S. and U.S. born Black Americans has not been the smoothest of sailings. Can the sources of this division be overcome? Recommended Links For More Information: https://www.carlosbatara.com/african-immigrants-black-america (African Immigrants: Three Keys To Win The Support Of Black America) https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (No Room For Segregation In The House Of Immigration Reform)
I’ve heard this story over and over again. From clients, from work colleagues, from social media acquaintances. It goes like this: “My brothers, my sisters, my parents won’t talk to me because my husband is illegal.” So how should you deal with those family members? Recommended Links For More Information: https://www.carlosbatara.com/hate-is-not-immigration-answer/ (For Immigrants, Fighting Hate With Hate Is Not The Answer) https://www.bataraimmigrationlaw.com/immigration-attorney-battle-false-immigrant-labels (The Battle To Correct False Labels About Immigrants)
Are immigrant males ever the victim of domestic violence? Sure they are. Are there any programs to help protect them? Yes. It’s called the Violence Against Women Act. Most folks think VAWA as a female-only immigration program. It’s not. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/vawa-immigration-attorney (Violence Against Women Act Immigration Attorney) https://www.bataraimmigrationlaw.com/salvadoran-immigrant-child-wins-vawa-deportation-case (How An Immigrant Child Won Here VAWA Case At Immigration Court)
Do you have a marriage permanent residence interview coming up? Are you worried? You should be. Have you spent time thinking about what questions you and your spouse might be asked? For failing to prepare, as Benjamin Franklin once noted, is preparing to fail. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/stokes-interview (Stokes Interview: How To Avoid Green Card Marriage Fraud Suspicions) https://www.bataraimmigrationlaw.com/marriage-green-card-fraud-factors (The USCIS Fraud Checklist: Green Card Applicants Under Review)
Are U.S. citizens are the most neglected constituency in the immigration reform debate? As strange as that contention sounds, it’s an opinion held by several U.S. citizens who are married to immigrants. For good reason. The number of native-born and naturalized spouses married to immigrants is far larger than any other immigration constituency. Yet, U.S. citizen spouses are minimized – and are often invisible - in immigration reform discourse. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/citizen-spouses-immigration-reform-key (Mixed-Status Immigrant Families: Are U.S. Spouses The Key To Reform?) https://www.bataraimmigrationlaw.com/parent-deported-citizen-children-relocated-impact (What Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Parents?)
For immigrants, a divorce is not always the worst aspect of divorces. In many instances, a divorce has no impact on current immigration status or future immigration applications for benefits. Yet, navigating the issues of family court proceedings is often like tip-toeing through a field of landmines. One misstep and permanent residency or citizenship dreams are shattered. Most immigrants in family court, however, are unaware of what is at stake. Anything you say or write, anything your spouse says or writes, or anything the judge makes a factual finding about, could be utilized by immigration officals to deny immigration benefits and lead to deportation. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/hostile-family-court-admissions-and-findings (What Every Immigrant Needs To Know About Hostile Divorce Cases) https://www.bataraimmigrationlaw.com/how-divorce-impacts-marriage-based-green-cards (How Divorce Affects Your Marriage Green Card Case)
In their quest to become lawful permanent residents and citizens, immigrants to the United States face many obstacles. Most are aware of the challenges posed by the government’s strict requirements for winning legalization. But few recognize another type of danger. Being defrauded by false friends. No immigrant community is immune. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-attorney-advice-beware-immigration-fraud/false-friends (Immigration Fraud Scam: False Friends) https://www.bataraimmigrationlaw.com/immigration-attorney-advice-beware-immigration-fraud/inside-connections (Immigration Fraud Scam: Insider Connections )
It was one of the worst experiences in my professional life. I was asked by an immigration client to escort his wife to the border. She was leaving the country per court deportation order. Her husband told me, “I cannot say good-bye. Will you please say it for me?” I agreed. Her defeat, after all, was my defeat. She knew, I knew she might never see her family in person again. That moment has never left my soul. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/parent-deported-citizen-children-relocated-impact (What Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Parents?) https://www.bataraimmigrationlaw.com/legal-neutrality-absent-at-immigration-court (The Absence Of Neutrality At Immigration Court)
Can a middle ground be found for immigration reform? For without it, are any immigration policy changes possible? It’s true, of course, that immigration discussions often resemble a modern day Hatfield – McCoy feud. Most mainstream media accounts paint immigration discourse as a picture of two warring tribes. And on the surface, the art of diplomacy seems permanently lost in Congress. Yet, compromise is, in fact, possible. One state has staked out a claim to establishing that middle ground. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/riverside-immigration-blog-political-reform (Is The Utah Compact The Beginning Of An Immigration Reform Solution?) https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (The Anti-Immigrant Propaganda War) https://www.bataraimmigrationlaw.com/immigration-attorney-battle-false-immigrant-labels (The Battle To Correct False Labels About Immigrants)
Love happens. More often than not, it happens unexpectedly. And for immigrants who have entered the United States under the Visa Waiver Program, unexpectedly falling in love can lead to deportation – and permanent separation from the persons they love. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/visa-waiver-program-no-room-for-love (ICE Cold Heart: The Danger Of Love Under The Visa Waiver Program) https://www.bataraimmigrationlaw.com/cuban-adjustment-act-trumps-visa-waiver-program (Cuban Adjustment Act Immigrant Wins Permanent Residence Despite Overstaying Visa Waiver Program Visit)
The New York Times recently asked, “Why Do American Grocery Stores Have An Ethnic Aisle?” At first glance, the question seems simplistic. One might even ask, “What’s the big deal? They’re just grocery aisles.” But, in actuality, the question reflects issues larger than food aisles. The question reflects a changing country. The question reflects diversifying taste buds, diversifying food preferences, diversifying cultural influences. Recommended Links For More Information: https://www.carlosbatara.com/ethnic-food-aisles/ (How The Emergence Of Ethnic Foods Mirrors Growing Multiculturalism) https://www.carlosbatara.com/the-misguided-notion-of-reverse-brain-drain/ (The Misguided Notion Of Reverse Brain Drain) https://www.carlosbatara.com/global-community-possible/ (Is A Global Community In The United States Still Possible?)
Imagine living in the United States for 48 years thinking you’re a U.S. citizen . . . and then the carpet is pulled from you. Imagine serving in the U.S. Navy for seven years believing you’re a U.S. citizen . . . only to find out two decades later, after receiving an honorable discharge, you were not born in the United States. Imagine being a Customs and Border Patrol officer for 18 years, preventing undocumented immigrants from entering the United States . . . who suddenly learns that he is like them, an immigrant without legal documents. That’s the story of Raul Rodriguez, now 53, who despite having won agency awards for exemplary service, is facing deportation and permanent separation from his U.S. citizen wife and children. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/citizenship-birth-by-midwife (Citizenship And Midwives: A Government Witch Hunt?) https://www.carlosbatara.com/fraudulent-midwife-citizenship-birth-registration-waivers/ (Fraudulent Midwife Citizenship Birth Registrations: The Devastating Impact On Children Of Immigrants) https://www.youtube.com/watch?v=946OMeTfgh4 (U.S. Citizenship And Mexican Midwives: A Failure Of Due Process In South Texas)
here are a lot of misconceptions about undocumented immigrants living in the United States. Dispelling these false beliefs is important if sensible and comprehensive immigration reform is ever to be achieved. For instance: According to recent studies by the Pew Research Center, the number of undocumented immigrants living in the U.S. has dropped over the past decade. Even though undocumented immigrant workers make up a large share of some occupations, U.S. born workers are the majority in all fields of employment. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/citizen-spouses-immigration-reform-key (Immigrant Families: Why Citizen Spouses Are The Key To Reform) https://www.bataraimmigrationlaw.com/family-unity-not-merely-inadmissibility-waivers (How To Understand Visa Preference Categories: Green Cards From Abroad)
Over the course of the past few months, the number of undocumented Brazilians trying to enter the United States has greatly increased. According to the Border Patrol, the number of Brazilians apprehended at border crossings increased by 18,000 – a 600% increase – in 2020. Just in the San Diego region, the total has grown by a 1200 percent increase during the first half of 2021. These figures show an emerging new pattern. In general, Brazil has not been a country where its citizens have emigrated elsewhere in large numbers. Historically, Brazilians living in the United States without permission entered with valid tourist and student visas. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/san-diego-family-immigration-petitions-success-story (Planning Ahead Prevents Deportation Of Brazilian Immigrant Scholar) https://www.carlosbatara.com/omnitweet/brazilian-immigrants/ (Brazilian Immigrants In The United States)
I often cringe when I hear that immigrants are going to handle their cases on their own, without a lawyer. I’ve seen far too many instances where pro per applicants – that is, immigrants acting as their own attorneys – made simple mistakes that could have and should have been avoided. In some instances, when careless mistakes are made, a do-over is possible. Other times, the problem is more serious. It destroys their cases altogether. A recent USCIS announcement, seemingly innocent, rekindled my worries for such “independent” applicants of immigration benefits. The announcement pertained to biometrics appointments – appointments where an immigrant’s fingerprints and photographs are taken when they apply for green cards, citizenship, and other benefits. On the surface, the announcement is not earth-shattering. However, the changes pose a real danger for unsuspecting immigrants. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/five-mistakes-by-pro-per-immigrants (Immigrants Without Lawyers: Five Common Pro Per Mistakes) https://www.bataraimmigrationlaw.com/impact-avoidable-immigration-actions (The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences)
Quite often immigrants want to know, “What’s consular processing?” In many cases, the question is followed up with another question. “What’s the difference between consular processing or adjusting status in the United States?” In a nutshell, the inquiry is focused on where the interview for permanent residence will take place. In the U.S. or in an immigrant’s country of birth? The most typical situation in which these questions are asked – pertain to a U.S. citizen - who wants to help his or her immigrant spouse win a green card. The U.S. citizen spouse may have heard about the adjustment process from a neighbor, or friend, or family member who sponsored a loved one for immigration benefits. That person’s husband or wife was allowed to attend their interview inside the United States without leaving the country. The U.S. citizen does not understand why his or her spouse has to leave the U.S. to attend an interview abroad. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/consular-processing-green-card (Consular Processing For Permanent Residence Through Marriage) https://www.bataraimmigrationlaw.com/family-unity-not-merely-inadmissibility-waivers (How To Understand Visa Preference Categories: Green Cards From Abroad)
In a previous episode, I talked about the https://immigration-mastermind.captivate.fm/episode/prosecutorial-discretion-returns (return of prosecutorial discretion) at immigration court. This is the discretion given to an immigration officer to decide whether or not to enforce the law against a person. If the judge declines to pursue removal actions against an immigrant, he or she has favorably exercised prosecutorial discretion. It does not mean the immigrant is permanently freed from prosecution. It only puts the case on hold. Usually, this action is taken when the judge has reviewed the immigrant’s file and feels the immigrant has a good chance to win their case outside the court system. Here are 10 key factors the judge is likely to explore. Recommended Links For More Information: https://www.carlosbatara.com/immigration-judges-battle-justice-department/ (Judicial Battle Over Discretion And Due Process At Immigration Court) Deportation And Removal Defense
Immigration clients often want to know if there are any ways to speed up the green card process for family members. Well, there is a provision known as cross-chargeability, not commonly known, which can sometimes help immigrants move to the finish line a little faster. In general, when an immigrant seeks to immigrate, the visa is "charged" to the country of the immigrant's birth. But there are situations when the visa might be charged to the country of birth of the immigrant applicant’s spouse, who is a family dependent listed on the immigrant's petition. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/questions-and-answers/index-family-visas/cross-chargeability-visa-green-card-process (How Cross-Chargeability Rules Can Speed Up Your Green Card Process) https://www.bataraimmigrationlaw.com/journey-to-back-of-immigration-green-card-lines (Down The Green Card Rabbit Hole: A Journey To The Back Of The Line)
The immigrant visa system puzzles many immigrant families. Confusion often increases when the relationship between the petitioner and the beneficiary changes during the permanent residence process. For instance, take the visa processing situation of a daughter, 21 years or older, of a U.S. citizen, whose petition has been filed and is pending. As she waits for her green card interview, she decides to get married. Now, she is placed in a lower category, and her wait is extended, often by several years. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/family-based-visa-attorney (Immigrant Relative Petitions And Family-Based Visas) https://www.bataraimmigrationlaw.com/video-which-family-members-can-you-immigrate (What Family Members And Relatives Can You Sponsor For A Green Card?)
Far too often, immigrants give up when their U.S. citizen spouse dies before they win a green card. However, in many situations, a widow can still win permanent residency after their husband or wife passes way. To do so, you would need to file a Widow’s Petition (or Widower’s Petitioner) Here are five requirements you need to know. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/questions-and-answers/index-family-visas/lawful-residency-possible-if-spouse-dies (Can I Still Become A Lawful Resident After My Sponsoring Spouse Dies?) https://www.bataraimmigrationlaw.com/remarriage-green-cards (What You Need To Know About Remarriages And Green Cards)
After helping immigrants for over three decades, I’ve been able to notice various traits that separate those who are successful from those who are not. In particular, there are five characteristics which most successful immigrants exemplify. They understand the grass is greener on this side. They miss their families and friends abroad, but they grasp their lives are on the upswing. And they know that wallowing in self-pity is a destructive emotion that undermines success. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/my-father-immigrant-success-story (A Tribute To My Father: An Immigrant Success Story) https://www.carlosbatara.com/hate-is-not-immigration-answer/ (For Immigrants, Fighting Hate With Hate Is Not The Answer)
Fear of Chinese immigrants has long existed in this country. Like many other immigrant groups, they survived by helping each other and being creative. Shortly before and after the passage of the Chinese Exclusion Act of 1882, many Chinese immigrants survived by moving, of all places, to the American South. While there, a political and social alliance between the freed Black slaves and the Chinese based on a survival instinct was forged. Inter-racial marriages became common, totaling nearly one-third of all Chinese marriages in some parts of the South during this period. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (No Room For Segregation In The House Of Immigration Reform) https://www.carlosbatara.com/the-mascogos-early-american-slaves/ (Meet The Mascogos: Early American Slaves Who Sought Refuge In Mexico)
Many immigrant victims of domestic violence and physical abuse feel trapped in their relationships. They fear that if they report their significant other to law enforcement agencies, they will wind up being deported. The worry that without their partner, no matter how badly they are mistreated and harmed, there is no path to permanent residence. They’re wrong. In particular, two paths protect them. The Violence Against Women Act. The U Visa program. The programs have vastly different rules. Yet, they are not exclusive. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/vawa-immigration-attorney (What Is The Violence Against Women Act?) https://www.bataraimmigrationlaw.com/uscis-changes-u-visa-process (How USCIS Changes To U Visa USCIS Policies Will Help Immigrants)
In recent years, the backlog of immigration court cases has increased to over 1 million. This means clients waiting for judges to decide whether they can continue living in the U.S. lawfully or not are often forced to wait 12, 18, 24 months from one hearing to the next. Despite the claims of immigration reform opponents, the problem is not related simply to the influx of migrants and refugees trying to enter the United States. An equal, if not bigger cause, has been government policies that stripped away the ability of immigration judges to exercise discretion regarding how to best handle deportation cases. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/causes-consequences-one-million-backlogged-immigration-cases (One Million Backlogged Immigration Court Cases And Growing) https://www.carlosbatara.com/immigration-judges-battle-justice-department/ (Judicial Battle Over Discretion And Due Process At Immigration Court)
For many years, immigrant advocates have asserted that a grant of Temporary Protected Status is equivalent to an inspection and admission at the border. Not so, said the Supreme Court. Because the equivalence argument failed, TPS beneficiaries lack the eligibility to seek adjustment of their status to permanent residence without leaving the United States. For many immigrants and their advocates, the reaction was as if the sky was falling. They claimed the hope of becoming a lawful permanent resident was now gone forever. But for many TPS immigrants, that’s simply not true. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/from-temporary-protected-status-to-permanent-residence (Supreme Court Rules TPS Grant Is Not A Legal Admission. What's Next?) https://www.bataraimmigrationlaw.com/temporary-protected-status-pathways (TPS Green Card Pathfinder: 8 Ways How To Prevent Deportation)
In a policy shift designed to help immigrant victims of crimes, the Biden Administration has implemented new procedures for U Visas. These changes will speed up the granting of temporary work permits while applicants wait for the full process to be completed . . . . a process which often takes up to 27 years for some immigrants. The U Visa program was created to strengthen the law enforcement community’s ability to prosecute cases of domestic violence, sexual assault, human trafficking, and other violent crimes. Lacking employment authorization, the program has lacked the day-to-day stability to achieve its aims. Critics assert the changes will increase immigration fraud. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/uscis-changes-u-visa-process (How USCIS Changes To U Visa Policies Will Help Immigrants) https://www.bataraimmigrationlaw.com/are-u-visas-safe-for-immigrants (Are U Visas No Longer Safe For Immigrant Victims Of Crime?)
There is a lot of noise on the internet from immigration reform advocates who are dissatisfied with the Biden Administration. They assert he has not done enough to meet the needs of immigrants or that he is moving too slow in pushing for reforms. This attitude puzzles me. Having practiced immigration law for over two decades, I’ve learned that progress happens in chunks. Sometimes slower, sometimes faster. Here’s a sampling of what changes have taken place since Biden became president. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/haiti-tps-extended (Haiti Temporary Protected Status Extended To November 2022) https://www.bataraimmigrationlaw.com/immigration-reform-under-biden (Biden In Florida: Extrapolating The Future Of Immigration Reform)
Many Americans believe “Immigrants are coming to steal American jobs.” This position is wrong. Yes, it’s true. The vast majority are coming here to earn a sustainable living. This motivation, however, is not the same as “coming here to steal jobs”. They’re coming here, in large part, due to their homeland’s faltering economic conditions. Rather than starve, they pack up their bags, and head to an uncertain future with the belief their efforts will make a difference in the lives of those they love. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/ellin-jimmerson-nafta-immigration-impact (Immigration LIVE: Ellin Jimmerson On The Impact Of NAFTA) https://www.carlosbatara.com/the-misguided-notion-of-reverse-brain-drain/ (The Misguided Notion Of Reverse Brain Drain)
Here’s a part of U.S. history you probably have never heard about. The Chinese – Black alliance in the South from the mid-1860s to the early and mid-1880s. The alliance began shortly after the Civil War ended, freeing slaves in 1865. It ended soon after the Chinese Exclusion Act was passed in 1882. It’s often said that necessity is the mother of invention. The alliance between freed slaves and Chinese immigrants is one example. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/invisible-black-african-caribbean-immigrants (The Political Invisibility Of African And Caribbean Immigrants) https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (No Room For Segregation In The House Of Immigration Reform)
Growing up, it was socially taboo to discuss race, religion, or politics. Once I entered college, I realized how counter-productive this prohibition was. It's not a formula for discussing and resolving our differences on important matters of public policy. For the good of our nation, we cannot continue to talk past each other. We need to talk to each other. We need to engage in give and take. That’s why a recent roundtable discussion about immigration at half-time of a professional basketball game was such a great idea. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (No Room For Segregation In The House Of Immigration Reform) https://www.bataraimmigrationlaw.com/immigration-reform-morality-debate (The Morality Of Comprehensive Immigration Reform At A Public Crossroads)
A recent article covered the topic of postings by immigration lawyers on Tik-Tok, a social media sharing platform. Typically, such posts feature an attorney speaking Spanish, dancing to music, or flashing green cards. Some have written captions that say "Get a green card now!" or "Fix your immigration status without leaving". But these are not just social media posts. These are disguised ads promising something that can’t be delivered. No lawyer can guarantee that you will receive a green card - especially when that lawyer has never talked to you and knows absolutely nothing about your case. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-quick-fix-fallacy (The Fallacy Of Quick Immigration Fixes) https://www.bataraimmigrationlaw.com/attorney-fees (Why I Do Not Quote Attorney Fees)
Former President George W. Bush, a Republican, called for bipartisan immigration reform. Bush’s stance is a strong contrast to the position embraced by Donald Trump and many current Republic Party officials. Rather than demonizing immigrants, Bush emphasized the need to restore "the people's confidence in an immigration system that serves both our values and our interests." "How is it that in a country more generous to new arrivals than any other," he asked, "immigration policy is the source of so much rancor and ill will?" Recommended Links For More Information: https://www.bataraimmigrationlaw.com/future-of-immigration-reform (For Whom The Bell Tolls: The Future Of Immigration Reform) https://www.bataraimmigrationlaw.com/category/immigration-reform (Lessons From 1965: Why Skills-Based Reform Is Xenophobia In Disguise)
What's a Good Samaritan? For immigration advocates, in a world full of negative news stories about immigrants, it's difficult not to become calloused. But there are good news stories - about good people doing good things for immigrants, refugees, and global migrants. Like Lisa Campbell. A grandmother of six who took a leave of absence for 45 days from work. She intended on doing a short service tour to help with the recent influx of refugees in Greece. She stayed two years, and became the director of a refugee camp north of Athens. Recommended Links For More Information: https://www.carlosbatara.com/lisa-campbell-refugee-volunteer/ (The Lisa Campbell Story: The Meaning Of Volunteerism And Compassion) https://www.carlosbatara.com/global-citizens-making-a-difference-for-refugees-across-the-world/ (Global Citizens Making A Difference For Refugees Across The World)
April 1, 1997. The day that IIRAIRA (the Illegal Immigration Reform and Immigrant Responsibility Act) went into effect. The day we entered the Age of Immigration Darkness. Those of us involved in immigration battles at that time had an inkling what the future held. We knew immigration law was entering unchartered territory. We knew we were in for a long term fight. We have yet to recover. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-april-fools-day (Immigration Fools' Day: The Age Of Immigration Darkness Begins) https://www.bataraimmigrationlaw.com/congress-against-immigrant-deportation-defense-rights (The Congressional War Against Due Process At Immigration Court)
Preparing applications for hardship waivers are some of the most challenging cases that immigration attorneys are called upon to handle. Yet, surprisingly, many immigrants attempt to present their waiver applications alone. Without a lawyer. In my view, that’s a bad idea. Taking this chance is a huge gamble. Yet, if you take this route, here are eight insights to help you put your best foot forward. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/subjective-deportation-decisions-without-parameters (I-601 Qualifying Relatives: How To Win Family Unity Waivers) https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-tips (8 Tips For Winning Your I-601 Waiver And Family Unity Hardship Case)
What’s in a word? A lot, actually. Especially when it comes to immigration terms. Words matter because of the influence – often subtle, often disguised - they have over our minds. Take the term “Anchor Babies”. The term, in actuality, refers to “birthright citizenship”. If you’re born in the United States, you’re a U.S. citizen. Yet, those who use the term “anchor babies” assert that children born to immigrants in the U.S. should NOT be granted citizenship. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/exposing-anchor-babies-myth (The Attack On The 14th Amendment And The Myth Of Anchor Babies) https://www.bataraimmigrationlaw.com/immigration-looney-tunes-anchor-babies-myth (Immigration Looney Tunes: The Anchor Babies Myth)
The Special Immigrant Visa programs for translators from Afghanistan and Iraq are under scrutiny. Although these programs are rarely mentioned in the media, the would-be beneficiaries played a crucial role in helping the United States in the war against terrorism. The programs suffer from bureacratic inefficiencies. The average processing time is over three years. As interpreters and their families wait for their visas, they live under fear fear and danger. Considered traitors by many of their fellow countrymen, they face retaliation by the Taliban, ISIS, Al Qaeda, and other militia groups. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/iraqi-afghan-translator-interpreter-visa-promises (Will The U.S. Honor Its Permanent Residence Promises To Iraqi And Afghan Interpreters?) https://www.bataraimmigrationlaw.com/erosion-of-due-process-for-middle-eastern-immigrants (Immigration Policy Based On Fear: The Erosion Of Due Process For Middle Eastern Immigrants)
On March 8, 2021, Venezuelans living in the United States were finally granted Temporary Protected Status. It was long overdue. Following the 2018 election of Nicolas Maduro, a brutal dictator, 5 million Venezuelans fled from their homeland in search of security and stability. For approximately 320,000 Venezuelans currently in the U.S., the grant of TPS might be the foundation for a new life that they were hoping for. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/haitian-tps-immigration-lawyer (https://www.bataraimmigrationlaw.com/haitian-tps-immigration-lawyer) https://www.bataraimmigrationlaw.com/from-temporary-protected-status-to-permanent-residence (Appellate Wars: Does A Grant Of TPS Constitute A Legal Admission?)
The United States citizenship test has changed again. For the second time in four months. The changes reflect our nation’s political confusion towards immigrants and immigration issues. And perhaps worse, the first set of changes demonstrate how government policies can manipulate and hinder the ability of immigrants to legally win lawful status. Are we a nation that cares whether the public has confidence in country's immigration system? Are we a nation that wants to foster an atmosphere of integration and inclusion towards new Americans? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/naturalization-backlog-causes-consequences (Why Are Citizenship Cases Taking So Long?) https://www.bataraimmigrationlaw.com/naturalization-citizenship-attorney (Citizenship And Naturalization Immigration Attorney)
It was my last day at law school. My educational journey was coming to an end. Before embarking on a new adventure, I had one last piece of business to attend to. I had to thank some unsung heroes, the type of workers without whom America would never survive. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/my-father-immigrant-success-story (A Tribute To My Father: An Immigrant Success Story) https://www.carlosbatara.com/summer-breaks-from-law-school/ (Summer Breaks From Law School)
A little knowledge can be a dangerous thing. Especially when it comes to immigration law. And programs like the U Visa. Worthy programs that offer a tightly controlled path to permanent residence . . . but are subjected to less-than-honest promotion schemes as a simplistic road to green card heaven. President Biden has called for an increase of V visas grants per year. Sadly, if this legislation is passed, an increase of misleading advertising will follow shortly afterwards. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/are-u-visas-safe-for-immigrants (Are U Visas No Longer Safe For Immigrant Victims Of Crime?) https://www.bataraimmigrationlaw.com/bracing-for-immigration-fraud-wave (Bracing For A New Wave Of Immigration Fraud)
Immigration law has many quirky rules. In some cases, this is because laws and customs in other countries do not match up with laws and customs in the United States. Take Polygamy. Based on religious and cultural beliefs, Polygamy is a custom that has been practiced in over 81% of societies across the world. Yet, immigration law treats Polygamy the same as Bigamy, the U.S. crime of being married to more than one spouse at one time, often based on deception. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/polygamy-vs-bigamy-battle-cultural-bias-religious-prejudice (Polygamy vs Bigamy: A Battle Over Cultural And Religious Imperalism) https://www.bataraimmigrationlaw.com/immigrant-relative-visas-waiting-lines (Trapped In The Politics Of The 1960s: Immigrant Relative Visas)
immigrant advocates are optimistic about the chances for immigration reform under the Biden Administration. The biggest obstacle to success may be the government's ability to curtail the activity of smugglers - and to win the propaganda war against smuggling rings. Already, migrants from Central America are being fed misleading information about how they will soon be allowed to enter the United States by Border Patrol officials. Such falsehoods carry the seeds of not only hindering serious talk about reform in Congress, but also destroying public acceptance for proposed policies. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/central-american-asylum-smuggler-secrets (An Inside Look At The Secrets Of Central American Asylum Smugglers) https://www.bataraimmigrationlaw.com/central-american-refugee-planning-failure (Central American Children Refugees: A Failure To Plan Ahead)
In general, obtaining permanent residence through marriage is one of the easier paths to winning a green card. The same cannot be said about winning lawful residency status via a second (or third) marriage. There are two remarriage situations which the government views with extra scrutiny. In the first, the immigrant spouse was granted a green card via her first marriage. Now she seeks to immigrate a new husband. In the second, the immigrant did not win a green card through the first marriage. After divorce and remarriage, a new spouse seeks to petition her once again. Both scenarios present complications surpassing the difficulty level of succes in first marriages. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/remarriage-green-cards (What You Need To Know About Remarriages And Green Cards) https://www.bataraimmigrationlaw.com/hostile-family-court-admissions-and-findings (What Every Immigrant Needs To Know About Hostile Divorce Cases)
Immigration opponents criticize nearly most, if not all, programs that help immigrants in the United States - no matter the reasons supporting them. Like Temporary Protected Status (TPS) for Syrians. When Syrian immigrants were granted an extension of their TPS status for 18 months until September 2022, the boo birds quickly pounced on the announcement. Their arguments, as usual, asserted the extension was an implied form of amnesty. They're wrong. Rather, the extension is based on the U.S. role as the leader of the free world. Recommended Links For More Information: https://www.carlosbatara.com/for-sama-documentary-about-the-syrian-civil-war/ (FOR SAMA: A Documentary About The Syrian Civil War) https://www.bataraimmigrationlaw.com/syria-tps (Syrian Temporary Protected Status Extended: Reversal Of Trumpism (Next Stop: Asylum?))
The other night, I decided to listen to a few TED Talks. One of my college buddies was speaking. He discussed how our internal voice can lead us to give up too soon and not reach our full potential. Many immigrants need resilience in order to succeed. Here are 7 tips to improve your ability to survive life's hard knocks. Recommended Links For More Information: https://www.carlosbatara.com/why-not/ (Dare To Dream Of Things That Never Were - And Ask "Why Not"?) https://www.carlosbatara.com/category/musings-and-memories/ (Persistence Is Often The Key To Immigration Success)
It was my first trial out of state. It lasted over two weeks. When it ended, I felt our plan had been executed almost flawlessly. We lost. I had assumed strong logic, coupled with well-organized evidence, would always win the day. Recommended Links For More Information: https://www.carlosbatara.com/why-thorough-consultations-are-necessary/ (Why Thoroughness Should Not Be A Mere Afterthought In Consultations) https://www.carlosbatara.com/immigrant-miracles-can-happen/ (Immigrants Who Believe In Miracles Can Make Them Happen)
I handle a lot of immigration appeals. That means I’m called in after an immigrant loses a case. I’m asked to find a way to get the person a second chance. To say the least, it’s intellectually challenging. It's also taxing on one's soul and spirit, knowing the consequences for devising a winning argument are so grave. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-appeals (Immigration Appeals: Don't Give Up!) https://www.carlosbatara.com/persistence-key-to-immigration-success/ (Persistence Is Often The Key To Immigration Success)
Our new president is promising the creation of new paths to permanent residence and citizenship. Unfortunately, this means immigrant sympathizers must get ready for warfare against immigration fraud. For each time the mere hint of a new immigration program arises, deceitful con artists spring into action. New immigration offices will start to pop up. Sadly, some of these will be outposts for scam artists. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-attorney-advice-beware-immigration-fraud (If You're Looking For Immigration Help, Beware Immigration Fraud) https://www.bataraimmigrationlaw.com/bracing-for-immigration-fraud-wave (Bracing For A New Wave Of Immigration Fraud)
On the evening I returned home from law school, my mom held a surprise party for me. Friends from elementary school, middle school, and high school showed up, along with some college buddies. I made a solemn promise to my mother that evening. To this day, it’s the key to my immigration practice. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/deportation-defense-justice-dna (The Battle For Immigration Justice: Why Compassion Matters) https://www.bataraimmigrationlaw.com/why-do-lawyers-talk-like-that (Why Do Lawyers Talk Like That?)
In recent years, more and more immigration judges are being appointed who lack any any experience in immigration law. This is one more sign that the immigration legal system is in turmoil. This problem goes back to the passage of IIRAIRA, the Illegal Immigration Reform And Immigration Responsibility Act. An extremely harsh law, the net effect has to been to increase the immigration court system beyond its capacity. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/causes-consequences-one-million-backlogged-immigration-cases (One Million Backlogged Immigration Court Cases And Growing) https://www.carlosbatara.com/immigration-judges-battle-justice-department (Judicial Battle Over Discretion And Due Process At Immigration Court)
January is Human Trafficking Awareness Month. What can you do to help this battle against modern day slavery? Become more self-aware of the problem. Learn how to spot its signs. And share this information with your friends, family members, co-workers, and acquaintances. Here are two organizations to help you get started: https://www.castla.org/ (The Coalition To Abolish Slavery) and https://hopeforjustice.org/ (Hope For Justice). Recommended Links For More Information: https://www.bataraimmigrationlaw.com/human-trafficking-in-riverside-and-san-bernardino (New Centers Of Human Trafficking ) https://www.carlosbatara.com/human-trafficking-awareness/ (Human Trafficking Awareness: The First Step In Defeating Human Slavery)
When you prepare your hardship application, you don't want to exaggerate your suffering. But you also do want to understate your case. Create a list of the different factors of hardship in your life. Label them as either a discomfort or a disaster. For those in the discomfort category, is there evidence you're missing? For those in the disaster category, are you sure you have adequate proof? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-guidelines (The New I-601 Hardship Waiver Guidelines) https://www.bataraimmigrationlaw.com/hardship-changes-expanded-categories-restrictive-decisions (The Power Of Discretion In I-601 Waiver Decisions)
Do your closest family members, friends, and co-workers even know you have an immigration case? If not, you may be missing out on a ton of good evidence. Individuals who know you well, who can testify about your tight bonds and influence with your wife and children, may make the different between winning your hardship waiver or losing it. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-tips (8 Tips For Winning Your Hardship Waiver) https://www.bataraimmigrationlaw.com/subjective-deportation-decisions-without-parameters (I-601 Qualifying Relatives: How To Win Family Unity Waivers)
After war, participants often seek refuge in far-away lands. Some take on new identities, hiding their roles in carrying out war crimes. Many become residents of their adopted countries and lead normal lives in new communities. The United States is not immune to such subterfuge. War criminals from a wide range of countries have slipped through immigration safeguards and acquired U.S. citizenship. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/war-criminals-denaturalization (Citizenship, War Criminals, And Immigration Fraud) https://www.bataraimmigrationlaw.com/denaturalization-revocation-citizenship (Denaturalization And Revocation: Losing Your U.S. Citizenship)
U.S. immigration law has many policy potholes. Citizenship rules for adopted immigrant children is one such chasm. Brought here as youngsters, thousands end up as persons without a country to call home. They grow up believing they are American citizens. Only to find out, years later, when they're adults, that they lack valid immigration status. They're vulnerable to being deported to a country that does not recognize them as one of their own. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/international-adoption-family-unity-shortcoming (International Adoptions: Another Crack In The U.S. Family Unity System) https://www.bataraimmigrationlaw.com/impact-avoidable-immigration-actions (The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences)
Before taking a case, I ask questions, sometimes a lot of questions, about the immigrant’s entries to and exits from the United States. Some prospective clients get antsy, and say, “I just want to know if I qualify for permanent residence. Why do you need to know all that information?” My response? “To do exactly that – To figure out what, if any, paths to legalization exist for you.” After all, entries and exits are facts that the government always looks at. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/four-immigrant-entry-questions (Entry, Exit, And Admission Problems: Which Do You Need To Overcome?) https://www.carlosbatara.com/why-thorough-consultations-are-necessary/ (Why Thoroughness Should Not Be A Mere Afterthought In Consultations)
What’s in your immigration file? If you don’t know, you should not file for permanent residence. Too many times cases are lost - at the outset – cases that with the proper pre-filing research, stood a good chance of being won. The truth is this. There are immigrants for whom caution is warranted. If you have any immigration history, your records can help you avoid unnecessary risks and tragedy. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-court-deportation-due-process-rights (Immigrants Due Process Rights To A-Files And Discovery Protected By Ninth Circuit) https://www.bataraimmigrationlaw.com/too-much-due-process-for-immigrants (Too Much Due Process For Immigrants In Deportation Hearings)
For purposed of an I-601 waiver, your children are not qualifying relatives. But they are critically important to your case. And, of course, talking about your children’s school awards is fun. But what about families where the children don’t have any such certificates? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-tips (8 Tips For Winning Your Hardship Waiver) https://www.bataraimmigrationlaw.com/subjective-deportation-decisions-without-parameters (I-601 Qualifying Relatives: How To Win Family Unity Waivers)
Many experts will tell you community activities of the immigrant are not important to whether a hardship waiver is granted or denied. They’re wrong, flat out wrong. Although such contributions are not direct factors of hardship, they can and do make a difference. In fact, it's one of the best ways to distinguish your application from those of other immigrant families. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-guidelines (The New I-601 Hardship Waiver Guidelines) https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-tips (8 Tips For Winning Your Hardship Waiver)
Want a really quick tip how to improve your 601 hardship waiver application? The number one issue I hear when people talk about 601 waivers is economic concerns. Courts have said economic concerns, per se, are insufficient to prove hardship. Does this mean such evidence is worthless? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-guidelines (The New I-601 Hardship Waiver Guidelines) https://www.bataraimmigrationlaw.com/hardship-changes-expanded-categories-restrictive-decisions (The Power Of Discretion In I-601 Waiver Decisions)
When the public thinks about illegal immigration, their foremost image is someone who entered the U.S. undetected through the mountains. This view, fueled by the media, is misplaced. Based on this false impression, many immigration restrictionists call for a border wall. Yet, a border wall is not the answer for reducing the number of undocumented immigrants living to the United States. After all, 2/3rds entered lawfully with inspection. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/unlawful-presence-vs-out-of-status (Out-Of-Status And Unlawful Presence) https://www.bataraimmigrationlaw.com/questions-and-answers/index-green-cards/can-immigrant-with-expired-visa-win-green-card (Can A Tourist Visa Overstay Win Permanent Residency?)
Immigration reform has been called the third rail of national politics. An issue so controversial that any public official who dares to broach the subject will invariably suffer politically. If that’s the case, we can never reach a national truce. I disagree strongly with that position. I believe a rational middle ground can be found and put into action. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-reform-morality-debate (The Morality Of Comprehensive Immigration Reform At A Public Crossroads) https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (No Room For Segregation In The House Of Immigration Reform)
Every year, the Social Security Administration collects billions of dollars in taxes from unknown persons. It doesn’t know who paid. A majority of those funds were filed by employers on behalf of the most unlikely funders of Social Security. Undocumented immigrants. Without these contributions, the SSA would NOT be able to meet current retirement claims. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-attorney-battle-false-immigrant-labels (The Battle To Correct False Labels About Immigrants) https://www.carlosbatara.com/give-more-than-ask-in-return/ (Immigrants Who Give More To Others Than They Ask For In Return)
Many immigrants, thinking about naturalization in the United States, want to know if they will have to give up citizenship in their country of birth. The short answer is no. The long answer is maybe. The United States does not formally recognize dual citizenship. At the swearing-in ceremony, immigrants are required to take an Oath of Allegiance. It sounds like a one person, one country rule. But is it really that prohibitive? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/naturalization-citizenship-attorney (What Are The Four Ways To Become A United States Citizen?) https://www.bataraimmigrationlaw.com/good-moral-character-naturalization (How Good Moral Character Affects Your Naturalization Case)
Does an influx of immigrants increase crime? Contrary to many news reporters and political pundits, the answer in professional study after professional study is no. Much of the discussion about the immigrants and crime connection centers on the southwest borders of the U.S.. Yet, research shows not only that southwestern border states are safer than most non-border states, but also that U.S. cities located near the border are safer than cities located further away from the border. Recommended Links For More Information: https://www.carlosbatara.com/immigrants-and-crime-rates/ (Does Immigration Increase Crime? (And Why Congress Needs To Know)) https://www.carlosbatara.com/immigrant-miracles-can-happen/ (Immigrants Who Believe In Miracles Can Make Them Happen)
Many people assert immigrants steal jobs from Americans and gobble up scarce government resources. In the process, they believe immigrants are destroying the U.S. economy. This belief is flat out wrong. Consider the education of incoming immigrants. Almost ½ of our country’s foreign-born population who arrived in the past decade are college educated. Recommended Links For More Information: https://www.carlosbatara.com/give-more-than-ask-in-return/ (Immigrants Who Give More To Others Than They Ask For In Return) https://www.carlosbatara.com/the-misguided-notion-of-reverse-brain-drain/ (The Misguided Notion Of Reverse Brain Drain)
What immigration changes will take place under a Biden presidency? A few days ago, Joe Biden made a campaign stop in Florida. While there, he addressed various immigration topics. He talked about Temporary Protected Status. He was a member of the U.S. Senate when TPS was born. He stressed his commitment to the Deferred Action For Immigration Youth program, another policy he comprehends from its early days under DREAM Act legislation. And he highlighted his desire to create new pathways to permanent residence and citizenship for long-term, hard-working immigrants. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-reform-under-biden (Biden In Florida: Extrapolating The Future Of Immigration Reform) https://www.bataraimmigrationlaw.com/citizen-spouses-immigration-reform-key (The Separation Of Mixed-Status Immigrant Families: Why Citizen Spouses Are The Key To Reform)
Last week, we talked about possible questions at a fiancé visa interview. Let’s pick up where we left off. Today, we'll dive into a couple’s future plans. The officer could ask questions like: What are your fiancé’s career plans? Do you and your fiancé plan to have children? Do you and your fiancé plan to travel after marriage? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/k-1-fiance-visa-interview-questions (What You Need To Know For K-1 Fiancé Visa Interview Success) https://www.bataraimmigrationlaw.com/fiance-visa-vs-marriage-visa (Fiancé Visa vs. Marriage Visa: Which Path Should You Choose?)
At immigration court, you will need to discuss and dispute the charges made by the government against you. Or you will be ordered to return to your country of origin. Talking to an attorney before you answer such questions is far more often crucial to success than not. The big day, when you present your case, is known as a Merits Hearing. This is the immigration trial. This is where you will testify under oath. Where witnesses may appear on your behalf, or against you. Where the judge will make a decision whether you can remain in the United States or not. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/testimony-tips-immigration-hearing (13 Tips For Testifying At Your Immigration Court Merits Hearing) https://www.bataraimmigrationlaw.com/immigration-trial-attorneys-deportation-defense (How A Deportation Lawyer Can Help Win Hard Cases At Immigration Court)
There are different types of hearings at immigration court. The first is called a Master Calendar Hearing. At the outset, the judge will want to know if you have been served with a document known as the Notice To Appear. Unless you have – and unless it has been prepared properly – the case against you cannot go forward. If it has been served properly, you must be ready to address the allegations. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/understand-removal-proceedings-immigration-court (How To Understand Removal Proceedings At Immigration Court) https://www.bataraimmigrationlaw.com/notice-to-appear-immigration-court (What Is A Notice To Appear?)
Sometimes couples fail to pass the K-1 fiancé visa interview process because they don’t know the answers To really basic inquiries. For example: What type of work does your future spouse do? How much does he or she earn? What hobbies does he or she have? What things do you and your fiancé have in common? These are basic questions. They should never be missed. Recommended Links For More Information: https://www.youtube.com/watch?v=tHWSTekF9nY (Fiancé Visa vs Marriage Visa: Two Paths To A Green Card Through Marriage) http://www.carlosbatara.com/services/fiance-visa-interview-questions-checklist/ (A Short Checklist Of K-1 Visa Interview Questions)
At a fiancé visa Interview, a government officer might want to dig into a couple's engagement history and wedding plans. They might be asked questions like: Who proposed to whom? Where did this take place? Was anyone else present? When did you tell your parents about the engagement? Did they approve? Why or why not? What guests do you plan to invite to the big day? Do you have honeymoon plans? And more – there is so much more that could be asked. Recommended Links For More Information: https://www.youtube.com/watch?v=MNvkzygpHdQ (7 Tips To Avoid A Fiancé Visa Denial) http://www.carlosbatara.com/services/fiance-visa-interview-questions-checklist/ (A Short Checklist Of K-1 Visa Interview Questions)
Love happens. In an instant. In a single moment. Unexpectedly and unpredictably, Sometimes the moment occurs while you’re abroad. And that's the first key to a successful fiancé visa interview. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/k-1-fiance-visa-interview-questions (What You Need To Know For K-1 Fiancé Visa Interview Success) https://www.bataraimmigrationlaw.com/fiance-and-marriage-visa-lawyer (Fiancé Visas Lawyer)
71 million. 71 million refugees without a place to call home. The current international refugee system was set in place by the United Nations in 1951. We now live in a new, more difficult era of refugee resettlement. Is the world up to the challenge? Recommended Links For More Information: https://www.carlosbatara.com/global-citizens-making-a-difference-for-refugees-across-the-world/ (Global Citizens Making A Difference For Refugees Across The World) https://www.carlosbatara.com/deng-thiak-adut-refugee-lawyer/ (Deng Thiak Adut: From Child Soldier To Refugee Lawyer)
Immigration reform – the rational variety – requires a team effort. From those working inside the system and those working outside the system. Without strong social protest, the insiders who support change have no leverage. But more hands on deck are needed. Recommended Links For More Information: https://www.carlosbatara.com/global-citizens-making-a-difference-for-refugees-across-the-world (Global Citizens Making A Difference For Refugees Across The World) https://www.bataraimmigrationlaw.com/why-support-the-dreamers (Reflections Of An Activist Turned Lawyer: Why I Support The Dreamers)
If you listen to the pessimism of others, you may never achieve your dreams. You have to keep on trucking, even when no one believes in you. Even though the doubts of your peers may amplify your personal doubts, your dreams are attainable. As my mother told me at least 100 times growing up, “If there is a will, there is a way.” Recommended Links For More Information: https://www.carlosbatara.com/persistence-key-to-immigration-success/ (Persistence Is Often The Key To Immigration Success) https://www.carlosbatara.com/deng-thiak-adut-refugee-lawyer/ (Deng Thiak Adut: From Child Soldier To Refugee Lawyer)
Given the huge backlog at the Board of Immigration Appeals, the Department of Justice has implemented a policy known as Affirmance Without Opinion. The very name implies the problem. An AWO that authorizes a single BIA member to affirm the decision of a lower immigration court judge by a summary written order without issuing a separate written opinion. The procedure opens the door to foul play. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/need-to-fix-immigration-appeals (Affirmance Without Opinion: BIA Cure Worse Than Appellate Disease) https://www.bataraimmigrationlaw.com/causes-consequences-one-million-backlogged-immigration-cases (One Million Backlogged Immigration Court Cases And Growing)
Challenges to immigration court decisions are reviewed by the Board of Immigration Appeals (BIA). The Board has a maximum of 21 judges. In the latest year for which statistics exist, the BIA received 39,028 appeals. That means, when the BIA is fully staffed, each Board member must handle 1,858 cases per year. Put another way, this equals 155 decisions per Board member per month. Can justice, fairness, and due process prevail in such a truncated system? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/49-minutes-for-immigration-appeals-justice (Immigration Appeals: 49 Minutes For Justice, Fairness, And Due Process) https://www.bataraimmigrationlaw.com/too-much-due-process-for-immigrants (Too Much Due Process For Immigrants In Deportation Hearings?)
The excessive backlog of cases at immigration court leads to many problems. Judicial mistakes in decision-making is one such issue. Although the right to correct errors on appeal exists, this right will be narrowed under a recent immigration proposal. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-appeals (Lost Your Case? Fight Back!) https://www.bataraimmigrationlaw.com/deportation-defense-understanding-cancellation-of-removal (Dark Days Of Deportation Defense: The BIA Failure To Lead)
Given the recent decision of Court of Appeals for the Ninth Circuit, is the Temporary Protected Status program over? Well, no. But TPS beneficiaries need to start looking into other ways to legalize their immigration status. Because the termination of TPS for certain countries is closer than ever. For many TPS recipients, there are possible roads to permanent residence. However, planning ahead – PLANNING NOW – is crucial. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/win-permanent-residence-after-tps-expires (How TPS Beneficiaries Can Win Permanent Residence (Even If TPS Is Terminated)) https://www.bataraimmigrationlaw.com/from-temporary-protected-status-to-permanent-residence (Appellate Wars: Does A Grant Of TPS Constitute A Legal Admission?)
A few months ago, the Department of Justice announced an initiative to strip citizenship from naturalized individuals who committed immigration fraud. Fear was the instant reaction of immigrant communities. Such jitters are exaggerated. Except for terrorists, war criminals, sex offenders, and other fraudsters. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/denaturalization-revocation-citizenship (The Denaturalization Process) https://www.bataraimmigrationlaw.com/war-criminals-denaturalization (Citizenship, War Criminals, And Immigration Fraud)
I’m often asked why don’t victims of human trafficking just leave their victimizers. In short, as the equivalent of modern day slaves, their situation is far more complicated than most outsiders realize. Their physical, psychological, and economic isolation and deprivation in a country and culture foreign to them makes escape a risky ordeal. Here’s 10 reasons why. Recommended Links For More Information: https://bataraonimmigration.wordpress.com/2010/03/17/human-trafficking-a-call-for-pro-bono-volunteers/ (Human Trafficking: A Call For Pro Bono Volunteers) https://bataraonimmigration.wordpress.com/2010/08/13/the-blue-campaign-the-war-against-human-trafficking-and-modern-day-slavery/ (The Blue Campaign: The War Against Human Trafficking And Modern Day Slavery)
Human trafficking is is a form of modern-day slavery, It’s growing across the globe, and across the United States. And it’s growing locally. But like an undiscovered medical virus, human trafficking is often right in front of us and yet we fail to sense its presence. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/human-trafficking-in-riverside-and-san-bernardino (New Centers Of Human Trafficking ) https://www.bataraimmigrationlaw.com/riverside-fights-human-trafficking (Riverside Launches Fight Against Human Trafficking In The Inland Empire)
Bad immigration actors need to be called out. Filings with fraudulent information should never be tolerated. Sometimes, misleading information is the basis of petitions that are fraudulent. Preparers of documents must practice the art of thoughtful caution. Three simple rules can prevent problems. No one should ever file an application or petition: Unless both the immigrant and immigrant's petitioner have been personally interviewed If there are any doubts about the accuracy of answers If any information is false or deceptive
Recommended Links For More Information: https://www.carlosbatara.com/why-thorough-consultations-are-necessary/ (Why Thoroughness Should Not Be A Mere Afterthought In Consultations) https://www.bataraimmigrationlaw.com/family-based-visa-attorney (What You Need To Know About Family And Immigrant Relative Petitions)
Immigrants who knowingly engage in fraud have no place in the pro-reform movement. And immigrant advocates have a duty to openly confront such actions. Such acts set desperately-needed positive reform – for honest and deserving immigrant families – back 5, 10, 15 years or longer. When it comes to immigration, the end does not justify the means. Plain and simple, misrepresenting the truth to win is wrong. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-attorney-advice-beware-immigration-fraud (If You’re Looking For Green Card Help: Beware Immigration Fraud) https://www.bataraimmigrationlaw.com/immigration-fraud-blame-game (DHS Immigration Fraud Policy: Misfocused Blame Game)
Intolerant discourse is not discourse. After all, as my former professor Robert Nozick once wrote, there is no intellectual karate chop to end all intellectual karate chops. And that realization could help America shape an immigration solution that would be acceptable to the political right, left, and center. But can our political leadership ever reach such a point on immigration issues? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (No Room For Segregation In The House Of Immigration Reform) https://www.bataraimmigrationlaw.com/anti-immigrant-propaganda-war (The Anti-Immigrant Propaganda War)
Would you share your last cookie with an immigrant? Asked what is friend, Cookie Monster of Sesame Street fame once said, “A friend is someone to share last cookie with.” My dad was a dishwasher, earning minimum wage. Yet, he was always willing to share what little he had - even the cookies he bought for our family with his hard-earned dollars. For no reason other than it’s good to share. Imagine if Americans, nationwide, could learn to share with others who have less. Would the world be better for it? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/my-father-immigrant-success-story (A Tribute To My Father: An Immigrant Success Story) https://www.bataraimmigrationlaw.com/immigration-reform-morality-debate (The Morality Of Comprehensive Immigration Reform At A Public Crossroads)
Phorm Tem, a California resident, was deported in October 2017. In June 2020, he was sworn in as a U.S. citizen. Tem’s story is symbolic of the plight that many Southeast Asian refugees – from Cambodia, Vietnam, and Laos - who fled their countries as young children during the Vietnam War and its aftermath. Except that he is the only Cambodian deportee to overcome his conviction to win naturalization. And after 2017, under America's new political leadership, the number of deported Cambodian refugees has grown almost 280%. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/hemet-refugee-asylum-success-story (From Cambodian Political Refugee To College Professor) https://www.bataraimmigrationlaw.com/cambodian-refugees-new-deportation-targets (Cambodian Refugees: Targets Of Deportation Under IIRAIRA)
Proving hardship is crucial to winning so many immigration cases. Yet, so many immigrants fall short. This does not need to be your fate. By helping thousands of clients, I’ve learned a few things about how to demonstrate hardship. And one thing I’ve learned is that, no matter the standard, the same kinds of evidence is required in all hardship cases. Of course, not the same evidence will be shown in each and every case. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-tips (8 Tips For Winning Your I-601 Waiver And Family Unity Hardship Case) https://www.bataraimmigrationlaw.com/modern-guide-immigration-deportation-hardship-factors (The Challenge Of Direct And Indirect Hardship Factors In Cancellation Of Removal Cases)
In our last discussion, discussed that immigration hardship can be viewed as suffering. We also found out that different kinds of cases use different kinds of hardship. Today, we’ll unravel that a bit more. Family unity waivers, also known as I-601 waivers, require evidence of extreme hardship. Cancellation of removal cases require evidence of exceptional and extremely unusual hardship. What's the difference? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/i-601-waiver-hardship-guidelines (The New USCIS I-601 Hardship Waiver Guidelines - What Are The Differences?) https://www.bataraimmigrationlaw.com/unconscionable-deportation-hardship-immigrants (Why The Cancellation Of Removal Hardship Standard Is Unconscionable)
What is hardship? The term is used in many contexts, in all sorts of immigration cases. It’s easy to grasp - yet not so easy to explain. In short, it’s the suffering by those close to you. NOT everyone, of course. Instead, when you’re presenting evidence of hardship to those closest to you, the law limits your presentation to certain family members. So what types of cases impose a hardship requirement? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-deportation-removal-hardship (Introduction To Immigration Court Hardship: Three Spectrums Of Severity) https://www.bataraimmigrationlaw.com/immigration-appeals-board-wrong-about-hardship (The BIA Is Wrong About Exceptional And Extremely Unusual Hardship)
I hear the same misguided comment over and over from clients who visit my office. “We were told to get married and my wife will have no problems becoming a permanent resident.” On the one hand, it is true that marriage is one of the quickest routes to winning a green card. On the other, marriage, alone, does not guarantee immigration success. There are several potential stumbling blocks you have to look out for. Let’s start with the most basic one. Is your marriage “bona fide”? In legal terminology, this means “Is your marriage valid?” Recommended Links For More Information: https://www.bataraimmigrationlaw.com/chilean-immigrant-wins-green-card-despite-invalid-divorce (New Spouse Wins Green Card Despite Invalid Divorce) https://www.bataraimmigrationlaw.com/marriage-green-card-mistakes (Don’t Make These 8 Marriage Green Card Mistakes)
The government recently announced plan to increase the filing fees for immigration applications. Whenever the government such hikes, a massive outcry follows. Pundits complain how the dreams of individuals aspiring to the American Dream will be destroyed. I understand their concerns. Higher fees WILL delay the process of winning green card status. But the increase fees need not cancel the process altogether. At least for those committed to doing what is necessary to live the life they claim they want. Recommended Links For More Information: https://www.carlosbatara.com/capital-good-fund-a-source-of-financial-help-for-immigrants/ (Capital Good Fund: A Source Of Financial Help For Immigrants) https://www.bataraimmigrationlaw.com/impact-avoidable-immigration-actions (The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences)
During college at the University of Southern California, Mahmoud and Minoo, two students from Iran, were my best friends. This type of international camaraderie could be nearing an end. Various members of Congress want to ban foreign students from certain countries, like Iran, from ever attending U.S. colleges. Such action, presumably, is fueled by anti-terrrorism zeal. Yet, at its core, the war against terrorism is a war of ideals. It does not help when government policies resemble the actions of a small child afraid of the dark. Because unless terrorism is a genetic trait, there is no reason for thinking every person from nations like Iran is a bogeyman out to destroy America. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/erosion-of-due-process-for-middle-eastern-immigrants (Secret Immigration Anti-Middle Eastern Program Uncovered) https://www.bataraimmigrationlaw.com/step-act-pursuit-iranian-bogeyman (The STEP Act: Misguided Pursuit Of The Iranian Bogeyman)
Given the backlog and chaos at immigration court, deportation defense lawyers are essential to success. Yet, nearly 2/3 of immigrants go to immigration court alone. And 92% of them require an interpreter. That’s a recipe for disaster. Crowded courts, rushed judges, immigrants who cannot speak English fluently. The vast majority of immigrants are incapable of navigating the immigration court system on their own. If there is still doubt, here are six ways that immigration attorneys defend clients against deportation and family separation. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-trial-attorneys-deportation-defense (How A Deportation Lawyer Can Help Win Hard Cases At Immigration Court) https://www.bataraimmigrationlaw.com/testimony-tips-immigration-hearing (13 Tips For Testifying At Your Immigration Court Merits Hearing)
Immigration courts are backlogged about one million cases. There are about 440 immigration judges. This means the courts are backlogged several years. To reduce such numbers, the Department of Justice set a quota of 700 completed cases per year for immigration judges. The Associated Press recently sent reporters to immigration courts to find out how well the system functions. They found every judge's color-coded computer dashboard is a deep red. Which means they're all failing. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/causes-consequences-one-million-backlogged-immigration-cases (One Million Backlogged Immigration Court Cases And Growing) https://www.bataraimmigrationlaw.com/troubled-immigration-court-system (Immigration Courts: The Neglected Children Of Immigration Reform)
The government has stopped printing permanent resident cards and employment authorization documents. At last count, 50,000 green cards and 75,000 work permits for immigrants - who completed all the steps required for such documents – have not been printed. And there are no indications when or how USCIS plans to reduce this backlog. So what should those affected by this abrupt policy do to protect themselves? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/finding-immigration-attorney-for-family (Six Insights When You Need To Hire A Permanent Residemce Lawyer) https://www.bataraimmigrationlaw.com/online-i-130-filing-caution (The New USCIS Online I-130 Filing Process: A Word Of Caution)
According to government statements, 15 million visa seekers from abroad will be affected by the newly intensified USCIS social media monitoring policy. Immigration officials are now asking for an immigrant applicant's most previous five years of social media history. However, this does NOT mean their review will be restricted to five years. So if you ever plan to trying to win permanent residence or U.S. citizenship, you have a choice. No matter how far in the future that day may be. You can engage in social media discussions responsibly. Or you can share whatever you fancy. Just be aware others are paying attention. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/marriage-green-card-fraud-factors (The USCIS Fraud Checklist: Green Card Applicants Under Review) https://www.bataraimmigrationlaw.com/k-1-fiance-visa-interview-questions (What You Need To Know For K-1 Fiancé Visa Interview Success)
Many iImmigrants seeking permanent resident benefits who are active on social media channels often poison their applications long before they ever file for immigration benefits. The basic problem is simple. Many folks dramatize. They exaggerate. They fudge. In the quest for attention and popularity, they put up false fronts. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/marriage-green-card-fraud-factors (The USCIS Fraud Checklist: Green Card Applicants Under Review) https://www.bataraimmigrationlaw.com/social-media-danger-permanent-residence (Green Card Applicants Beware: The Danger Of USCIS Social Media Rules)
What’s in your social media profiles? And can it hurt your immigration case? New social media rules implemented by the government, postings on platforms like Facebook, Twitter, Instagram can have a negative effect on your immigration case. Sometimes such an outcome might even arise because you say too little. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/social-media-danger-permanent-residence (Green Card Applicants Beware: The Danger Of USCIS Social Media Rules) https://www.youtube.com/watch?v=Wsd9wtOOwnY (USCIS Social Media Rules: Proof Of Bona Fide Relationships)
On December 20, 2019, the Liberian Refugee Immigration Fairness program was signed into law. It grants Liberian immigrants who have been present in the United States since November 20, 2014 – as well as their spouses and unmarried children – a path to permanent resident status. There is a one year window. Green card seekers under LRIF must apply by December 20, 2020. Yet, with less than a 1/2 year remaining, less than 12% of potential applicants have submitted their paperwork. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/invisible-black-african-caribbean-immigrants (The Political Invisibility Of African And Caribbean Immigrants) https://www.bataraimmigrationlaw.com/liberian-refugee-immigration-fairness-act (A Quick Death To The Liberian Refugee Immigration Fairness Act?)
For many immigrants, the quest to live legally in the United States is like a roller coaster ride. One year, positive changes seem just around the corner. The next year, permanent residence appears to be out of reach. This causes some Immigrants to pounce on the latest media sound bites for programs that sound positive. True immigration reform, however, will not be a one-day Black Friday special. Recommended Links For More Information: https://www.carlosbatara.com/the-tortoise-and-the-hare/ (An Immigration Fable: The Tortoise And The Hare) https://www.bataraimmigrationlaw.com/immigration-quick-fix-fallacy (The Fallacy Of Quick Immigration Fixes)
Sometimes, the first thing that potential clients want to know when they call is “How much does the attorney charge?” That’s the wrong thing to focus on. The problem is you don’t know what you don’t know. Your initial inquiry should be, “Can I schedule a meeting to find out what I need to do for me, my family, and children to live together legally in the United States?” Recommended Links For More Information: https://www.carlosbatara.com/why-thorough-consultations-are-necessary/ (Why Thoroughness Should Not Be A Mere Afterthought In Consultations) Why I Do Not Quote Attorney Fees Until After A Consultation
Immigration Judges are suing their employer, the Department of Justice. Over a new muzzle policy. The policy prohibits immigration judges to speak or write publicly in their personal capacities – no matter the topic, audience, or venue. Violation could lead to reprimand, suspension, or removal from federal employment. This censorship does not sit well with immigration judges, against whom the Justice Department has continuously imposed actions which impinge on the discretion of of judges to decide the fate of immigrants over the past three years. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/causes-consequences-one-million-backlogged-immigration-cases (One Million Backlogged Immigration Court Cases And Growing) https://www.youtube.com/watch?v=tW6NcnAivzk (How New Immigration Court Rules Crush Green Card Cases)
Is America still committed to the ideal that we are a nation of immigrants? Then why does USCIS, the agency that oversees legal immigration, feel slighted by the administration and Congress? Faced with a 2020 income shorfall, the ageny has been forced to start issuing furlough notices to over 13,400 employees. That's over 60% of their entire work force. Yet, neither the administration nor Congress has responded to the USCIS request for emergency funding. Recommended Links For More Information: https://www.youtube.com/watch?v=Vz5KYvDynGc (The New Public Charge Roadblock To Permanent Residence) https://www.bataraimmigrationlaw.com/naturalization-backlog-causes-consequences (Why Are Citizenship Cases Taking So Long?)
Just say to notarios. This does not mean that there are not any good, well-meaning, and competent notarios. In fact, I know a few. What it does mean is that good notarios know when they are over their head. Because immigration law is one of the most complicated areas of law, changing like the four seasons, few, if any, notarios have the training to properly analyze an immigrant’s case. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/just-say-no-to-notarios (Just Say No To Notarios) https://www.bataraimmigrationlaw.com/bracing-for-immigration-fraud-wave (Bracing For A New Wave Of Immigration Fraud)
Immigration reform is not just an issue for immigrants from Hispanic countries. For instance, there are nearly 50,000 Irish immigrants currently living in the United States without lawful permission. Most entered lawfully. But the vast majority face “locked-in syndrome.” Having overstayed their visas, if they go back to their homeland, they will not be able to return the U.S. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-reform-irish-american-issue (Why Immigration Reform Is An Important Issue For Irish Immigrants) https://www.bataraimmigrationlaw.com/family-unity-not-merely-inadmissibility-waivers (How To Understand Visa Preference Categories: Green Cards From Abroad)
Is the intense dislike of immigrants by some individuals an intrinsic trait? One which they inherit at birth? Or is it a learned behavior? I was talking to a colleague, who shared a recent story about one of his clients' children. Other kids at the school learned his father did not have immigration status. They surrounded him and started yelling, "Build that wall. Build that wall. Build that wall." I do NOT believe this type of behavior is inherent, something those children were born with. In other words, what happens on playgrounds with children is on us, as parents. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-attorney-battle-false-immigrant-labels (The Battle To Correct False Labels About Immigrants) https://www.bataraimmigrationlaw.com/anti-immigrant-propaganda-war (The Anti-Immigrant Propaganda War)
There is a culture of rudeness which exists at some immigration offices. Filing window clerks who fling papers at clients and attorneys. Security guards who treat visitors as if they are enemy terrorist suspects. Detention officers who place callers on hold for 20 minutes before asking their names. Nor are immigration judges and government attorneys exempt from this epidemic. So what's the solution? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/reform-immigration-bureaucracy-suggestion (A Simple Suggestion To Reform Immigration Bureaucracy) https://www.bataraimmigrationlaw.com/immigration-agencies-culture-of-rudeness (No Role Model: A Culture Of Rudeness At Immigration Agencies)
At his brother Robert’s funeral, Ted Kennedy described how Robert viewed life. “There are those who look at things the way they are, and ask why. I dream of things that never were, and ask why not?” Those words have never stopped ringing in my ears. They represent an unspoken bond between my clients and me. Recommended Links For More Information: https://www.carlosbatara.com/why-not/ (Dare To Dream Of Things That Never Were - And Ask "Why Not"?) https://www.carlosbatara.com/immigrant-miracles-can-happen/ (Immigrants Who Believe In Miracles Can Make Them Happen)
Over the past two decades, immigration laws have become stiffer, procedures have been tightened up, and officers are stricter. In other words, just about everything is harder. Some categories of cases, previously straight-forward, are now complex. And, of course, hard cases are even harder. Yet, there are many immigrants who proceed under the view that so long as they fill out a few forms correctly, all will turn out well. Unfortunately, this view is greatly flawed. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/just-say-no-to-notarios (Just Say No To Notarios) https://www.bataraimmigrationlaw.com/social-media-danger-permanent-residence (Green Card Applicants Beware: The Danger Of USCIS Social Media Rules)
The interview for winning permanent residence status is one of the most important interviews of your life. Your opportunity to live, work, or go to school in the United States is on the line. Your dreams of raising a family, buying a home, and being with a person you love depends on a favorable decision. To enhance your chance for success, you must be ready to answer a wide range of questions. Here are five tips to help you respond to the best of your ability. Recommended Links For More Information: https://youtu.be/vSFlYtw5Rjk (Green Card Interview Questions (Part 1)) https://youtu.be/YegVl53NgJA (Green Card Interview Questions (Part 2)) https://youtu.be/_2YKdGmuhko (Green Card Interview Questions (Part 3))
“The brave man is not he who does not feel afraid,” Nelson Mandela once said, “but he who conquers that fear.” He could have been talking to immigrants living in the United States. Many procrastinate for years, before seeking advice on possible courses of positive action. Some never come out of the shadows. They spend their entire lives hiding the fact they overstayed a temporary visa - or entered without permission. As a result of their fear, several miss opportunities to convert their status to lawful residence. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/impact-avoidable-immigration-actions (The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences) https://www.carlosbatara.com/why-not/ (Dare To Dream Of Things That Never Were - And Ask, "Why Not?")
The United States Citizenship and Immigration Services offices have been closed to the public since mid-March. During that period, 60,000 immigrants per month have been unable to take the oath of citizenship, precluding them from a variety of their hard-earned benefits. In particular, not being able to vote has caused the greatest outcry from immigration reform advocates. They assert the delays are a deliberate effort to lock out new voters from participating in the 2020 elections. The government cites existing regulations and health concerns undermine their current go slow policy. This podcast explores the basis of these conflicting positions. Recommended Links For More Information: https://youtu.be/ytwMoCX6zTo (Citizenship Delay And Backlog: Disguised Attack On The Naturalization Process In America) https://www.bataraimmigrationlaw.com/citizenship-voting-immigration-reform-triad (Citizenship, Immigrants, And Voting: Political Triad For Reform)
Due to the Coronavirus, the U.S. Citizenship and Immigration offices have been closed since mid-March. Many individuals who applied for naturalization prior to the pandemic have been on hold, uncertain when they will be allowed to attend a citizenship oath ceremony. Now that offices are reopening, the processing of applications and swearing-in ceremonies have recommenced. Yet, like most things immigration, not without controversy. Critics assert ceremonies can be held online. So what stands in the way of implementing such a easy fix? Recommended Links For More Information: https://www.bataraimmigrationlaw.com/naturalization-backlog-causes-consequences (Why Are Citizenship Cases Taking So Long?) https://www.bataraimmigrationlaw.com/why-permanent-residents-should-naturalize (Why Permanent Residents Should Become Naturalized Citizens)
You were married less than two years before your break-up took place. Yet, you still have to file to remove the conditions placed on your permanent residence status. And the process requires you and your U.S. spouse to file a joint petition to remove the conditions. Should you give up? Not at all. Do not simply give up, even if the divorce paperwork has been filed. As this podcast shares, there are three grounds that will enable you to continue, alone, without the help of your former husband or wife. Recommended Links For More Information: Three Ways To Remove Conditions On Green Cards Without A Joint Petition https://www.bataraimmigrationlaw.com/how-divorce-impacts-marriage-based-green-cards (How Divorce Affects Your Green Card Marriage Case)
What happens if a divorce occurs after an immigrant petition based on marriage has been approved - but before permanent residence has been granted ? Some immigrants think they have to give up. Actually, the outcome is not locked in stone. It depends on the facts of the case. For instance, how far along in the process have the immigrant and their spous proceeded prior to the divorce? In this episode, you're learn the key issues to know whether you can continue to move forward or not. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/how-divorce-impacts-marriage-based-green-cards (How Divorce Affects Your Green Card Marriage Case) https://www.bataraimmigrationlaw.com/hostile-family-court-admissions-and-findings (What Every Immigrant Needs To Know About Hostile Divorce Cases)
In general, the consequences of a divorce are usually devastating. For immigrant spouses, such break ups have an extra dimension. Their legal status to live in this country may be jeopardized. However, the impact of a divorce on a green card marriage is not the same for all immigrant spouses. Much depends on the stage of the immigrant process. In this video, we'll explore what happens when the divorce occurs before the marriage-based petition is approved. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/how-divorce-impacts-marriage-based-green-cards (How Divorce Affects Your Green Card Marriage Case) https://www.bataraimmigrationlaw.com/marriage-green-card-denied (What Happens If Your Marriage Green Card Is Denied By USCIS?)
Recently, the American government began sending Cubans back to their homeland. For many years, Cuban immigrants to the United States had benefitted from the Cuban Adjustment Act. The program was born in the 1960s during the Cold War. On social media, several immigrants celebrated the deportation of Cubans immigrants. Their joy was misplaced. This podcast explains why. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/future-of-the-cuban-adjustment-act (Cuban Deportations On The Rise: A Sign The Cuban Adjustment Act Is Nearing An End?) https://www.bataraimmigrationlaw.com/cuban-adjustment-act (What Is The Cuban Adjustment Act?)
It’s time to stop thinking your case is simple. Sometimes people who call my office tell my secretary, “I just have a simple question.” Then they add, “Can I talk to the lawyer. It’ll only take a few seconds.” That’s the wrong approach to take in your case. Unless you assume immigration law offers a one size fits all formula that fits all cases. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-quick-fix-fallacy (The Fallacy Of Quick Immigration Fixes) https://www.bataraimmigrationlaw.com/just-say-no-to-notarios (Just Say No To Notarios)
The Justice Department is once again trying to circumvent the due process rights accorded to immigrants. The Board of Immigration Appeals, the nation's highest immigration court, has 23 members. The Department of Justice has offered 9 of them early buyouts. At a time when immigration courts have its highest total of case backlog ever, exceeding 1 million cases, this seems a baffling step in the wrong direction. But the fact that all nine offered a buyout were appointed to the BIA before President Trump took office is an important clue to grasping the politics behind the offers. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/legal-neutrality-absent-at-immigration-court (The Absence Of Neutrality At Immigration Court) https://www.bataraimmigrationlaw.com/too-much-due-process-for-immigrants (Too Much Due Process For Immigrants In Deportation Hearings? )
Immigration officials are people too. And, as with most folks, first impressions count. The consequences of your first impression at a green card interview, however, are much steeper than in many other situations. Why? Because at your immigration interview, the first impression you make is also usually the last impression you make. As a result, there are certain actions you can and should take to make your permanent residence interview go smoother. In today's podcast, I share five that bring you closer to winning legal status in the United States. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-agencies-culture-of-rudeness (No Role Model: A Culture Of Rudeness At Immigration Agencies) https://www.bataraimmigrationlaw.com/marriage-green-card-mistakes (Don't Make These 8 Marriage Green Card Mistakes)
What can you do to get ready for your green card interview? The first key is to avoid unnecessary stress. Everybody feels stress before an important appointment. That stress will not serve you well and may undermine your ability to function at your best. So why place such stress on yourself . . . when one of the most significant interviews of your life is about to take place? Rather, you want to go into the interview composed. Ready to do your best. Here are three tips I give to my clients. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/five-mistakes-by-pro-per-immigrants (Immigrants Without Lawyers: Five Common Pro Per Mistakes) https://www.bataraimmigrationlaw.com/marriage-green-card-mistakes (Don't Make These 8 Marriage Green Card Mistakes)
When immigration offices open again on June 4, 2020, one thing won’t change for immigrants. The absence of a handshake. I still remember the first time I went to an permanent residence interview with a client. After waiting for over an hour, the officer called her name. We walked to the doorway, where he was standing. I stuck my hand out. But no handshake. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/online-i-130-filing-caution (The New USCIS Online I-130 Filing Process: A Word Of Caution) https://www.bataraimmigrationlaw.com/reform-immigration-bureaucracy-suggestion (A Simple Suggestion To Reform Immigration Bureaucracy)
Some people say distasteful and ill-spirited things to and about immigrants. How should those on the receiving end react? Despite the hurt caused by such animosity towards newcomers to our country, fighting fire with fire only makes the fire larger and worse. This podcast discusses a better solution. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/the-two-faces-of-immigration (Good Immigrants, Bad Immigrants: The Two Faces Of Immigration) https://www.bataraimmigrationlaw.com/immigration-attorney-battle-false-immigrant-labels (The Battle To Correct False Labels About Immigrants)
Did you know U.S. citizens are fleeing to Canada to seek asylum? You're probably wondering why would they do that? And they are mainly children. They are children born in the United States. But their parents are immigrants. Parents whose status as TPS beneficiaries is coming to an end. This podcast explains their ordeal. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/tps-asylum-seekers-in-canada (From TPS To Asylum In Canada: Betrayal, Hope, And Fear) https://www.bataraimmigrationlaw.com/win-permanent-residence-after-tps-expires (How TPS Beneficiaries Can Win Permanent Residence (Even If TPS Is Terminated))
Immigrants often file their applications for permanent residence, citizenship, and other benefits on their own. But without the help of a lawyer, they sometimes make mistakes which could have been avoided. This podcast outlines three of the most errors that occur in such cases. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/impact-avoidable-immigration-actions (The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences) https://www.bataraimmigrationlaw.com/five-mistakes-by-pro-per-immigrants (Immigrants Without Lawyers: Five Common Pro Per Mistakes)
Welcome to the Immigration Mastermind, a thrice-weekly show that brings you immigration tips, insights, and tidbits in the form of flash briefings. You may be wondering, “What the heck is an immigration flash briefing? A flash briefing is a new form of communication. It’s short, 1 – 3 minutes. It’s a new way to share important, relevant information and advice in easily understandable bite-sized chunks. It's a mini-podcast for immigrants – their family members – and immigration advocates. Three times per week. Monday, Wednesday, and Friday. Usually a solo show, every now and then the Mastermind will feature special guests and experts, which run longer, between 7 - 15 minutes. And sometimes we might release a new podcast five days or more in succession, to help explain complicated topics. Thanks for joining.