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Carlos Batara - Immigration Attorney

A False Equivalency: Why Zealous Representation Is Not A Criminal Act

– Posted in: Immigration Appeals

immigration-advice-is-not-criminal-act

If you continue reading this blog post, you might be placing me in line to face criminal charges.

Why?

Because my commentary could be knowingly or recklessly encouraging or inducing an undocumented immigrant to come to, enter, or reside in the United States in violation of federal law.

In other words, by doing what a lawyer is supposed to do.

By adhering to my professional duty to care, protect, and guide clients.

A Jamaican Immigration Story Of Family Unity Persistence

– Posted in: Permanent Residence And Green Cards

permanent-residence-for-jamaican-immigrant-families

The road to permanent residence for Jamaican immigrants in the United States can take two decades to complete. Even for parents who have earned naturalization status,  the process requires navigating a family unity visa system with a long and growing backlog. Such waits are not uncommon for immigrants from Jamaica. This article shares the story of one mother and daughter who survived the ordeal. It also calls for fixing the green card system now in place.

From TPS To Asylum In Canada: Betrayal, Hope, And Fear

– Posted in: Temporary Protected Status

tps-asylum-seeker-in-Canada

Is Canada the TPS solution?

A few days ago, Samuel, a client from Haiti, visited my San Bernardino immigration office. He wanted to talk about the future of the Temporary Protected Status program.

He worried that winning permanent residency was not in the cards. Samuel knew about the latest efforts to derail the TPS path to green cards through marriage.

Fearing deportation and a forced return to his home country, he confided he had been working on Plan B.

The New USCIS Online I-130 Filing Process: A Word Of Caution

– Posted in: Immigration Agencies 101

new-i-130-filing-procedures-warrant-caution

A few weeks ago, USCIS announced that I-130 petitions can now be filed via the internet.

The I-130, known as the Petition For Alien Relative, is the first step in the green card process. Its purpose is to prove the family relationship between a U.S. citizen or green card holder and an immigrant relative.

Most news stories note how this development speeds up the green card process. They portray the change as a positive, pro-immigrant measure.

The new filing procedure is a step in the right direction. Yet, the change warrants cautious optimism for immigrants and their families.

Renewing The Battle For The Reuniting Families Act

– Posted in: Family Immigration

battle-reuniting-immigrant-families

For several years, fixing our immigration system has been a hot political topic.

Building a border wall has been at the forefront of most Congressional proposals.  Several  representatives tout it as the primary cure for an overflow of immigrants trying to enter our country without legal documents.

This approach is short-sighted.

It negects the main component necessary for constructive immigration reform.

How To Understand Visa Preference Categories: Green Cards From Abroad

– Posted in: Permanent Residence And Green Cards

immigration-family-unity-reform

Sponsoring family members to live in the U.S. has been a central tenet of immigration law for over 50 years.

Contrary to chain migration rhetoric, immigration rules do not facilitate expedited passage of unlimited numbers of distant relatives through America’s ports of entry.

Rather, family-based applicants from abroad experience a slow and tedious process.

Over 28% of immigrants granted green cards from abroad last year had been waiting 10 years or longer for their interviews.

Just Say No To Notarios

– Posted in: Client Relations

say-no-to-notarios

Sound a little harsh?

Good.  I have your attention.

If you work with a notario, you’re likely ready to pounce on every word I write.

Perhaps reading my title, your ears perked up like a poodle sensing potential danger nearby.

Allow me to explain.

Cuban Deportations On The Rise: A Sign The Cuban Adjustment Act Is Nearing An End?

– Posted in: Immigrants In The United States

the-cold-war-and-cuban-deportation

Historians will tell you the Cold War officially ended several decades ago.

Only not between Cuba and the United States.

Even today, as the back-and-forth diplomatice dance illustrates, harsh feelings and distrust between the two nations still linger.

Overcoming 60+ years of a politically severed relationship is not a simple task.