Carlos Batara – Immigration Lawyer header image
Carlos Batara - Immigration Attorney

The Attack On The 14th Amendment And The Myth Of Anchor Babies

– Posted in: Citizenship And Naturalization

anchor-babies-myth-distorts-immigration-reform-efforts

At a recent green card interview, the officer asked my client, “Why did you return home in 1985 and 1988?”

“To give birth to my two children,” she responded.

“I couldn’t afford the health care here.”

The officer gave me a confused, dazed look.

I couldn’t bite my lip.

“Sort of kills the anchor baby rhetorical nonsense, doesn’t it?”

8 Tips For Winning Your I-601 Waiver And Family Unity Hardship Case

– Posted in: I-601 Hardship And Waivers

family-unity-hardship-defense-tips

Early in my career, at a seminar for new attorneys, a judge gave me a piece of advice that guides me to this day. It’s proven crucial in countless trials and appeals with immigration courts and agencies.

The advice, though simple, was profound.

Good lawyers, said the judge, prepare in advance. They know their evidence before their hearings start. They maximize their clients’ chances of success.

Affirmance Without Opinion: BIA Cure Worse Than Appellate Disease

– Posted in: Immigration Appeals

broken-immigration-appeals-system

On July 2, 2019, the Department of Justice published amended rules governing appeals of immigration court decisions. The new rules take effect September 3, 2019.

The rules attempt to resuscitate Affirmance Without Opinion, a BIA procedure discredited during the Bush and Obama administrations.

The problem?

Affirmance Without Opinion (AWO) sacrifices constitutional due process for political expediency.

In the name of justice.

Deported Immigrant Veterans And The Failed Promises Of Military Citizenship

– Posted in: Citizenship And Naturalization

deported-immigrant-veteran

When it comes to immigration, quite often, the more things change, the more they remain the same.

For instance, over ten years ago, in my capacity as a citizenship and naturalization lawyer, I wrote a series of articles that explained why Congress should pass legislation approving waivers for immigrant veterans who committed certain offenses, related to mental illnesses caused by their military service, making them subject to automatic deportation.

I was shocked to learn about the number of immigrant veterans, facing removal, who were incarcerated at the El Centro, California Dentention Facility, alongside individuals whom I represented.  Thus, I endeavored to tell their story, the story of expedited citizenship which never materialized for them.

Obama was president then.  Trump is president now.

The issue persists.

Honduras TPS And Nicaragua TPS: The End Or A New Beginning?

– Posted in: Temporary Protected Status

nigaragua-temporary-protected-status-symbol

Nearly 20 years old, Honduras TPS and Nicaragua TPS are two of the longest-standing TPS programs.

However, termination dates for both programs have been set.

Nicaragua Temporary Protected Status benefits were designated for closure earlier this year, on January 5, 2019.

Honduras Temporary Protected Status has been scheduled to end on January July 5, 2020.

Due to pending lawsuits, the issue when and if TPS benefits for both nations will terminate is unclear.

Why Are Citizenship Cases Taking So Long?

– Posted in: Citizenship And Naturalization

hemet-immigration-lawyer-helps-naturalized-citizens

My father became a naturalized citizen in 1951.  From start to finish, the paperwork took less than six months for the government to process.

His journey to the United States, the prelude to naturalization, was fraught with danger and discrimination, neither of which deterred him from his mission to provide a modest level of financial support for his mother and siblings living abroad in poverty.

When he was sworn in, he had no idea that one day he would vote in the presidential elections for John F. Kennedy.

One Million Backlogged Immigration Court Cases And Growing

– Posted in: Immigration Court

immigrant-child-facing-deportation

One hour, 10.5 minutes.

That’s how much time, on the average, an immigration judge has to dedicate to an immigrant’s case at the Los Angeles immigration court per year.

If you’re one of the thousands of Angelinos, who has been summoned to 606 South Olive,  in overcrowded Los Angeles, to an overcrowded court, consider yourself lucky.

Immigration judges nationwide get less time to review similar matters.