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

What Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Parents?

– Posted in: Hardship And Waivers

Immigrant Children Reading Books

It makes many sick to their stomach and want to gag.

It can take years, if ever, for the agony to subside.  The hurt gets into your soul, lingering in the backdrop to your daily activities, and there’s no running away from the incessant mental anguish.

Deportation is unforgiving.

For spouses of immigrants, the moment a husband or wife is ordered to be deported is similar to the fateful juncture when a loved one is declared deceased.

They must instantly begin to address and undergo emotionally painful adjustments in their lives they were hoping to never experience.

Deportation – like death – rearranges lives permanently.

The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences

– Posted in: Permanent Residence And Green Cards

immigration-mistakes-consequences

The study of history, it’s been said, is the study of unintended consequences.

This is true on the personal as well as the public level. For immigrants, especially those from South and Central American countries, the proposition has dire meaning.

Beginning their journeys with uncertainty the norm, most of them realize unplanned events on the trail to the U.S. can lead to life-changing outcomes, abrupt endings, and death.

Arrival ensures no less unpredictability.

Small miscues can set in motion undesirable though foreseeable consequences.

Immigrants Without Lawyers: Five Common Pro Per Mistakes

– Posted in: Immigration 101: Reflections And Ruminations

pro-per-immigrant-seeks-answers-in-library

Many folks decide to handle immigration cases on their own. That’s understandable.

It is rarely prudent.

Over the years, I’ve seen the outcome for countless individuals who decided to represent themselves in immigration matters.

Take immigration court hearings.

Representing my own clients fighting deportation at court, I’ve watched pro per immigrants sitting before a judge, neither comprehending court rules nor understanding what the judge is asking them.

It’s p-a-i-n-f-u-l to watch.

A Brave New World: Immigration Law In The Age Of Trump

– Posted in: Immigration Reform

immigrant-family-unity-faces-new-challenges

As the new year dawns, most of us reflect where we’re headed, individually and collectively. Internal strength and resolve are once again at a premium, if our positive thoughts and words are to be turned into actions.

Countless resolutions, based on ideal visions of ourselves in the future, are projected for the year to come.

Unfortunately, when it comes to immigration, optimism is missing in action.

The Happy New Year ended when the clock struck midnight at Times Square.

International Adoptions: Another Crack In The U.S. Family Unity System

– Posted in: Family Immigration

adam-crasper-south-korean-immigrant-faces-deportation

I recently read a news article updating and sharing yet another sad tale of how small quirks of fate can lead to disastrous immigration consequences.

As a family unity defense lawyer, I know the separation of immigrants from their U.S. citizen family members and removal to a country they don’t remember is not uncommon in immigration law.

It’s a dismal aspect of our nation’s immigration policies.

Despite the obvious pain and suffering for mixed status families trapped in these situations, Congress has not shown any sense of urgency to address immigration reform.

The New I-601 Hardship Waiver Guidelines – What Are The Differences?

– Posted in: Hardship And Waivers

hardship-spectrum-i-601-extreme-hardship

To say that I was puzzled when I initially viewed the new USCIS policy guide on proving hardship for I-601 waivers is to understate my reaction.

It wasn’t based on the law.

Several months ago, when USCIS announced its intention to create hardship guidelines, I went on record that I did not perceive any major additions or substantive changes forthcoming. After closer review of the new guidelines, my position remains unchanged.

On the contrary, I feared some of the proposed language could make it tougher to win hardship waivers.

Citizenship And Midwives: A Government Witch Hunt?

– Posted in: Citizenship And Naturalization

united-states-child-born-by-midwifery

A few months ago, two twin brothers in the mid-60s came to my Riverside immigration law office to discuss a letter they had received in the mail a few days before.

They had been scheduled for an appointment at the local U.S. Citizenship and Immigration Services office to provide proof that they were really born on American soil.

They had been U.S. citizens since their birth over six decades ago.  They had no arrests or convictions.  They had faithfully paid their taxes each year and owned homes.  They were married with adult children.

They now faced possible deportation.

The problem?

They were born in a Texas border town with the assistance of a midwife.

Filipino Family Reunification: A Battle To Restore A 75-Year Old Promise

– Posted in: Family Immigration

filipino-immigrants-family-reunification

A friend in need is a friend indeed. But it’s what happens after the need subsides that the real quality of friendship is determined.

Take the Filipino World War II Parole Program (FWVP) implemented by the Obama Administration on June 8, 2016.

The new program, noted UCSIS Director Leon Rodriguez, “honors the thousands of Filipinos who bravely enlisted to fight for the United States during World War II.”

The commentary both overstated and understated the reality.

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

– Posted in: 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 has guided me in representing immigrants at various courts, agency interviews, and immigration appeals to this day.

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 for success.