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Immigration Newsletter – 2012 12 – December Edition


December 29, 2012 | Volume I, Issue 12

Thank you.

To begin the New Year, I’d like to take a short moment to thank you for being a loyal subscriber to our monthly newsletter on immigration issues.

Looking back, 2012 was a roller coaster, full of ups and downs for immigrants.  From a political perspective, immigrants ended the year in a better position than they were at the start of the year.

However, there is still a long road ahead.

For instance, take the Deferred Action For Childhood Arrivals (DACA) program.  Many people still mistakenly think DACA and the DREAM Act are the same program.

I think highly of the DREAM Act.  But I’m not a fan of DACA.

I recently spent 30 minutes, as a voice of dissent, with the News Hour team from Washington D.C.  It was a wide-ranging discussion.

When the program aired, my views were cut short.  That’s natural.  Reporters always have a limited time slot to try to tell their stories.

Nonetheless, I had hoped Department of Homeland Security Secretary Napolitano would have been asked and not allowed to evade some important questions.

Here’s the story.

Watch Over 100,000 Young Immigrants Granted Deportation Reprieve on PBS. See more from PBS NewsHour.

Ironically, the PBS special laid out the case for the DREAM Act.

DACA is different.  It’s limited and there are strings attached – even if Napolitano and other immigration officials side-step these issues over and over again.

Unlike the DREAM Act, DACA doesn’t offer a path to permanent residency.  In my view, any program which excludes legalization is not true immigration reform.

Unless the DREAM Act passes, I asked the PBS staff, what will happen to DACA applicants when the program ends?

Will DACA applicants be allowed, if they are over the age limits set by Congress, to apply for DREAM Act benefits?  Or will they be subject to deportation?

In short, the government as well as most lawyers are ignoring the DACA fine print.

Consider this simple fact.  Almost all DACA applicants come from families with other undocumented family members.  (Otherwise, the parents would have filed to immigrate their children by now.)

What safeguards exist that the DACA data will never be used by DHS against their relatives?

There’s a lot more about DACA which doesn’t meet the naked eye.

But for now, I’ll close by simply noting that a lot of work remains for immigrants, immigrant families, and immigrant advocates in the year ahead.

Pathways To Immigration Success will be with you every step of the way.

To Your Immigration Success!

Feature Article

No White Flag Of Immigration Surrender” by Carlos Batara

I refuse to accept laws unfairly slanted against immigrants.

Whether I’m talking to an ICE officer to find out why they picked up a 55-year old lawful permanent resident at his home, while dressed in full combat gear as if they were arresting a well known terrorist . .

Continue article…

Your Turn To Ask Carlos

ask-riverside-deportation-lawyer-carlos-batara Question: I was sent to a woman’s shelter because my husband beat me up.  I do not have legal immigration documents.  A counselor told me I might still get a green card, even if my husband never filed papers for me.  She said there is a special program for wives who are abused by their husbands.  Is this really true?”

- – - Cecilia J., Fontana, CA


Yes, it’s true.

The counselor is talking about the Violence Against Women Act.  Most people refer to the program as “VAWA.”  If you can meet the requirements, you may be able to obtain a green card without your husband.  This is called a self-petition.

First, you must show that your husband was either a U.S.citizen or lawful permanent resident.  If your spouse was undocumented, you do not qualify for this program.

Second, you have to prove you had a valid marriage.  For example, if your marriage only lasted a few months, and you have no children, you’ll need more evidence than someone who was married longer and has several kids.  Proof like letters from friends and relatives who knew you and your husband, wedding photos, and receipts for joint taxes and home expenses is helpful.

Third, you need to provide evidence showing how you suffered extreme cruelty caused by your husband.  Since you spent time in a shelter and are attending counseling classes, you already have documents demonstrating the abuse inflicted on you.

Here’s another point you should know.  If you have children from this marriage and they do not have legal immigration documents, they can also seek a green card under VAWA.

The VAWA rules look simple.  However, Violence Against Women Act applications are submitted to a special Immigration Service Center in Vermont.  Often, immigrants have problems putting together the evidence necessary to win their case to become permanent residents.

If this is your situation, do not take chances.  Talk to an immigration lawyer experienced in VAWA issues.

Have a question for Carlos?

Send him your question via this form.

Your inquiry may be featured in an upcoming issue!

Follow Carlos
“Immigration Court Hearings – What You Should Know”
In This Video:

Immigration Lawyer Carlos Batara shares insights about how immigration courts are overloaded with deportation cases. This causes judges to rush through decisions too quickly.The hastened process raises questions about fundamental fairness.

With a court system struggling to keep up with its workload, it is not a good idea for immigrants to go alone. Yet, over 57% of immigrants going to court do not hire an immigration lawyer to help them.

This is a recipe for disaster.

“How To Recognize And Avoid Immigration Fraud – Before You Become The Next Victim”



  • Why you should be extra careful when hiring a community friend to help you file immigration papers.
  • How to tell if your lawyer is a “real” lawyer, not a sham posing as an attorney.
  • Why you never blindly trust anyone who makes 100% iron-clad promises of success.
  • How to avoid legal assistants and notarios who claim they have inside connections.


“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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