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Carlos Batara - Immigration Attorney

What You Need To Know About Remarriages And Green Cards

– Posted in: Permanent Residence Blog

remarriage-green-cards

All that is gold does not glitter. Not even wedding rings, especially from second spouses.

Because marriages are one of the easier paths to winning permanent residence, they invite close immigration scrutiny.

An immigrant’s second marriage prompts extra caution.  Besides assessing the authenticity of the current union, government officers probe the first marriage and divorce for indicators of marriage fraud.

The USCIS Fraud Checklist: Green Card Applicants Under Review

– Posted in: Immigration Law, Policy & Politics Blog - Immigration Fraud

uscis-marriage-green-card-fraud-checklist

Ever wonder what goes into a marriage green card fraud determination by immigration officials?

Although I have written fairly extensively on immigration fraud, my focus has been on teaching innocent immigrants how to avoid con artists.

But what about immigrants, with true marriages, accused of wrong-doing by the government?

Polygamy vs Bigamy: A Battle Over Cultural And Religious Imperalism

– Posted in: Family Immigration

polygamy-vs-bigamy

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.

Long condemned in the U.S., polygamy has been practiced in over 81% of societies across the world.

As a result, husbands and wives lawfully wedded abroad are often left behind when they seek permanent resident status.

8 Ways TPS Beneficiaries Can Win Permanent Residence (Even If TPS Is Terminated)

– Posted in: Temporary Protected Status (Past And Present)

win-permanent-residence-after-tps-expires

Though more vulnerable than ever before, Temporary Protected Status beneficiaries need not give up the fight.

On September 14, 2020, the Ninth Circuit of Appeals struck a near-fatal body blow to the dreams of nearly 300,000 TPS beneficiaries, leaving them groping for air as the program neared its death bed.

A few weeks later, the Biden Administration extended the life line of the six nations facing termination under the Ninth Circuit’s ruling to December 31, 2022.  As the deadline neared, on November 10, 2022, the government again extended their TPS benefits, up to June 30, 2024.

If you’re a TPS recipient, of course, uncertainty remains about the future of TPS, whatever your nation of origin.  However, despite a sour TPS ending, winning permanent residence may still be in the cards for you.

I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver Cases

– Posted in: I-601 Hardship And Waivers

qualifying-relatives-for-i-601-waivers

If at first you don’t succeed, I was taught by my mother, try and try again.

This attitude is one of the most important mindsets for many U.S. spouses trying to help immigrate their spouses born in another country.

Especially those who need to win a hardship waiver to remain together as a family.

I’ve seen far too many couples set out thinking the green card process is simple, only to find themselves facing separation from each other for 3 years, 10 years, and longer.

Giving up is not an option.

Syrian Temporary Protected Status Extended: Reversal Of Trumpism (Next Stop: Asylum?)

– Posted in: Temporary Protected Status (Past And Present)

syrian-temporary-protected-status-beneficiary

The fundamental premise behind Temporary Protected Status is quite simple.

If the United States is truly the leader of the free world, it has a political obligation to lend a helping help to less fortunate nations.

Especially in their moments of crisis.

Like Syrian citizens who have escaped from a brutal civil war in their home country.

No Room For Segregation In The House Of Immigration Reform

– Posted in: Immigration Reform

immigrants-must-stand-united-or-fall-divided

United we stand, divided we fall.

This theme is more than the title of a popular song in the early 1970s. It is a slogan worth adoption by all immigration reform supporters, by all immigrant communities.

For many years, as a family unity attorney, I have denounced the American public for failing to acknowledge the benefits of cultural diversity which immigrants bring to this country.

My criticism does not exclude any ethnic group.

Whereas members of various cultural groups may appreciate the value of immigration reform for their cultural brethren, they largely ignore the same needs for immigrants of different hues, traditions, and origins.

Why U.S. Citizen Spouses Are The Key To immigration Reform

– Posted in: Immigration Reform

mixed-status-immigrant-family

According to Kim Anderson, former President of American Families United, “U.S. citizens are the most neglected constituency in the immigration debate.”

Hyperbole aside, Anderson raises a critically significant issue that is grossly undervalued by many pro-immigrant advocates.

Simply stated, U.S. citizen spouses are far too minimized in immigration reform discourse.

South Sudan TPS And Sudan TPS: Extension And Redesignation To 2025

– Posted in: Temporary Protected Status (Past And Present)

sudan--south-sudan-tps-policy-clash
Once again, President Biden has extended the Temporary Protection program for immigrants from Sudan and South Sudan.

South Sudan TPS 

Most Recent Registration Period: September 6, 2023 – November 6, 2023
Current Expiration Date: May 3, 2025

Sudan TPS  

Most Recent Registration Period: August 21, 2023 – October 20, 2023
Current Expiration Date: April 19, 2025