The Immigration Mastermind

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?)