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Carlos Batara - Immigration Attorney

Immigration Policy Based On Fear: The Erosion Of Due Process For Middle Eastern Immigrants

– Posted in: Immigration Law, Policy & Politics | Immigrants In The United States

Middle Eastern Students

Her immigration history seemed spotless.

No arrests. No convictions.

A native of Afghanistan, Jawan had lawfully entered the U.S. to study. She met and fell in love with Tony, a naturalized citizen from Egypt, in an economics course.

After their marriage, he filed to immigrate Jawan. She became a legal resident in the early 1980s.

For Whom The Bell Tolls: The Future Of Immigration Reform

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

blind-mice-immigration-reform

A few days ago, as I set out for my morning exercise, I noticed a neighbor had recently purchased a nice-looking shiny used car.

It looked like it had been re-polished and a few accessories had been added. It seemed to promise a smooth ride.

Whether the engine was up to the journey was another question. The answer, of course, would be forthcoming in a few months.

When I turned the corner, my thoughts switched to immigration reform.

Nine months ago, many friends and relatives decided to buy into a politically used vehicle.

The Democratic Party.

Down The Green Card Rabbit Hole: A Journey To The Back Of The Line

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

end-immigration-green-card-line

Despite Congressional smiles when cameras are turned on, a meeting of political minds on the contours of immigration reform may not take place anytime soon.

In the meantime, most elected officials agree on at least one issue. Immigrants who seek lawful status must “get in the back of the line”.

Unfortunately, colorful political rhetoric often does not reflect legal realities.

And it’s not a solution.

The BIA Is Wrong About Exceptional And Extremely Unusual Hardship (And How It Destroys Immigration Cases)

– Posted in: Immigration Law, Policy & Politics | Cancellation Of Removal

immigration-humpty-dumpty-hardship-analysis

“Congress,” Justice Stevens once wrote, “like Humpty Dumpty, has the power to give words unorthodox meanings.”

So does the Board of Immigration Appeals.

Like exceptional and extremely unusual hardship.

I have few doubts, based on my experience as a San Diego immigration attorney in the 1990s, a Gingrich-led Congress wanted to impose a higher standard.

Yet, as Humpty Dumpty would tell both Congress and the BIA, the chosen words fall short.

Beware The Role Of Discretion In I-601 Hardship Waiver Decision-Making

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

mixed-immigrant-family-seeking-i-601-discretionary-waiver

Certain immigration inquiries happen too often.

Immigrants, not being fully informed, put their trust in programs with risks they do not suspect.

Like the I-601 waiver process.

A few days ago, a woman in early 30s visited my office to find out if I could help her husband.

She explained that he traveled to his home country for a green card interview, but he was not allowed to return to the United States. Despite a notario’s assurances to the contrary, her husband’s request for an I-601 waiver had been denied.

When I asked what her husband told her, she said he could not prove enough hardship. She did not know what that really meant.

Neither did I.