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Carlos Batara - Immigration Attorney

13 Insights About Winning Your Parole-In-Place Immigration Case

– Posted in: Immigration Law, Policy & Politics | Family Immigration

On June 18, 2024, President Biden announced a new program entitled “Process To Promote The Unity And Stability of Families”, for immigrant spouses of U.S. citizens.

The proposal relies on a concept known as Parole-In-Place.

This form of parole enables immigrants, already in the U.S. – who have not been admitted – to remain in the United States. Generally, parole-in-place has been reserved for specific family members of a current or past member of the U.S. military.

With the announcement, the Biden Administration is expanding the use of Parole-In-Place to immigrant spouses of U.S. citizens. Those who are approved will receive a three-year work permit, deferral from deportation, and allowed to apply for permanent residency in the U.S.

The official requirements have not been published.  Nonetheless, past parole measures, coupled with the few rules released, allow preliminary insight into how the new program might work.

Is Parole A Solution For U.S. Citizens With Immigrant Spouses?

– Posted in: Immigration Law, Policy & Politics | Family Immigration

immigration-parole-for-spouses

Is parole the answer for U.S. spouses of immigrants who entered the U.S. without permission?

Since changes to permanent residence law made by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) in 1997, U.S. citizens have waited almost three decades for Congress to create a pathway to legalization for their husbands and wives.

To say the least, Congress has been disinterested in their plight.

Now, there’s talk that a new immigrant spouse program, based on parole, is under consideration by the Biden Administration.

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

– Posted in: Immigration Law, Policy & Politics | I-601 Hardship And Waivers

immigrant-family-seeks-i-601-waiver

Want to know the big secret to winning I-601 waiver cases?

I learned it early in my career at a seminar for new attorneys. A judge, running the course, 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.

Two Green Card Options For Domestic Abuse Victims: VAWA vs U Visas

– Posted in: Immigration Law, Policy & Politics | Immigration Agencies 101

immigrant-female-domestic-abuse-victim

Overcoming negative moments in life does not simply happen.

For many immigrants, nowhere is this more true than in overcoming abusive relationships with a person they both love and fear.

Many immigrant who are victims of domestic violence and physical abuse feel trapped in their relationships.

It requires taking actions to change and the courage to take those actions.

They worry that without their partner, no matter how badly they are mistreated and harmed, there is no path to permanent residence.

They’re wrong.

The Battle For Immigration Justice: Why Compassion Matters

– Posted in: Immigration Law, Policy & Politics | Reflections And Ruminations

immigration-lawyers-compassion

I wanted to retire.

I felt unmotivated to fight.

I knew my clients deserved better. They were facing deportation, a near life-or-death situation, and they needed a warrior.

My passion for law had disappeared.

My mother had passed away.

Fighting my own mental and emotional wounds, I had nothing left over to give to others.

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

– Posted in: Immigration Law, Policy & Politics | 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?”

A Tribute To My Father: An Immigrant Success Story

– Posted in: Immigration Law, Policy & Politics | Reflections And Ruminations

frank-batara-my-father-my-hero

He never went home.

He left his native county at the age of 20 to find work. Born in an impoverished area of a poor country, he left home to earn money which he could send back to his mother and eight siblings.

He ventured through, and stayed briefly at, a few countries, eventually reaching the United States.

For the next 25 years, he crisscrossed California, Arizona, and Utah, moving from crop to crop before settling in San Diego where he worked as a dishwasher at one of the city’s most prestigious restaurants.