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Immigration Newsletter – 2012 08 – August Edition


August 30, 2012 | Volume I, Issue 8

Over the past 30 days, the big immigration news has been deferred prosecution for young immigrants.riverside-immigration-attorney-criticizes-daca-deferred-prosecutionOn August 15, 2012, individuals were allowed to start submitting their applications for the new Deferred Action for Childhood Arrivals(DACA) program.
Since that date, news reports have shown long lines of immigrants at community clinics who want to find out if they qualify.
Unfortunately, most of the concerns I expressed about DACA in last month’s article, The Immigration Twilight Zone: Deferred Action For Immigrant Youth, remain unaddressed by government officials.
I still contend that DACA should be primarily used defensively, not offensively, except in rare circumstances. As a result, I’m stunned by how many attorneys have jumped on the DACA bandwagon.
In last month’s newsletter, I also mentioned studies showing that 5,000 small kids born in the United States have been placed in foster care – and not allowed to see their parents again – when their parents are taken into custody to face deportation charges.
This month, I address this issue in greater detail.
Meanwhile, all immigrants need to take a deep breath. With election day less than 90 days away, it is unlikely new immigration reform measures will go into effect between now and then.
As much as true immigration reform is needed, immigrant advocates know they’ll have to start all over after the political smoke clears in November.
And we will.

To Your Immigration Success!

Feature Article

“A Sad Legacy Of Deportation Policy: Enforced Separation Of Families” by Carlos Batara

It’s an awful choice.

riverside-immigration-lawyer-discusses-deportation-policy-flawsFacing deportation, many immigrants have only one defense against removal from the U.S.

Cancellation of removal.

With an emphasis on the hardship family members will suffer if the immigrant is deported, it requires immigrants with young children to make a painful decision at the outset of their cases.

Two options exist.

Take their children to a country foreign to them.

Leave them with relatives or friends in the U.S.

In some cases, even while immigrants fight against deportation, this decision is arbitrarily stripped from them.

In the process, they lose their children altogether.

Continue article…

Your Turn To Ask Carlos

ask-riverside-citizenship-lawyer-carlos-batara Question: “I am presently living in Riverside County without legal papers. A friend told me that I am really a U.S. citizen because my father’s mother was a U.S. citizen. Is this true?”

- – - Hector V., Mureitta, CA


Yes, it is possible you may be a U.S. citizen. A lot of work will be needed to figure out if you qualify. When and how you – and your father – learned about your grandmother’s citizenship is one of several crucial issues.

This is a very complicated area of law. The rules are very technical. Depending on your birth date and your father’s birth date, there are probably different rules for each of you.

What your friend was talking about is called the Doctrine of Constructive Retention.

Here’s how it works. Let’s suppose your father was born and raised outside the United States. He was not aware he acquired U.S. citizenship through his mother. So he did not attempt to fulfill the requirements before his 18th birthday to prove his citizenship. If he had known back then, he would have taken steps to claim his citizenship. In this type of situation, it is possible he could claim citizenship.

Now, you have to prove the same for yourself.

This is called Double Constructive Retention. In one way, it should be a little easier for you to prove lack of knowledge about your own citizenship status. If your father did not know he could have claimed citizenship, how would you have known?

In summary, trying to prove citizenship through a grandparent is something you should not handle by yourself – especially with so much at stake.

Have a question for Carlos?

Send him your question via this form.

Your inquiry may featured here in an upcoming issue!

Follow Carlos
In This Video:
The connections between political insiders and the Corrections Corporation of America(CCA), a large, private, for-profit company are explored in this video.
The political insiders are also the sponsors of immigration laws, like Arizona SB 1070, seeking to put more immigrants in jail. CCA owns and operates detention facilities for immigrants throughout the U.S.
Are these connections just coincidence? Or is there something more sinister at work here?

“Choosing Your Champion – 7 Questions to Ask Before Hiring An Immigration Attorney”




  • Why you should consider hiring a lawyer with trial and appeals experience for your immigration court hearing.
  • How to tell if your lawyer is a “real” lawyer, not a sham posing as an attorney.
  • Why you need a strong rapport with your lawyer (and should never hire someone you can’t talk to or don’t feel comfortable sharing important details).
  • How to evaluate the fees your attorney will charge you.


“Each individual has a place to fill in the world and is important in some respect whether he chooses to be so or not.” – Nathaniel Hawthorne

riverside-green-card-attorney-carlos-bataraCarlos Batara, Immigration Attorney

is uniquely qualified to help you and your family — even with the most challenging immigration cases.

His background, education, experience, and skills make him a one-of-a-kind advocate for your needs.

With family roots in Mexico, Spain, and the Philippines, Carlos is a Harvard Law School graduate and earned degrees in International Relations and Economics at the University of Southern California (USC).

Carlos opened his first law office in San Diego in 1993 – helping clients earn their green cards and lawful permanent residence, naturalization and citizenship. It quickly expanded into a nationwide practice.

Today, Carlos has five law offices in Southern California. He has handled cases from clients living in more than 25 different states and 80 different countries.

As an immigration trial and appeals attorney, Carlos has won several cases when other immigration lawyers told clients they had no chance to prevail.

If you liked today’s issue, you’ll appreciate Carlos’ blogs, articles, and free reports to help guide you and your family on the journey to immigration success. Learn more at

Copyright 2012 Batara Immigration Law, All rights reserved.
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