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Immigration Newsletter – 2012 07 – July Edition


July 31, 2012 | Volume I, Issue 7

Over the past month, news about immigration has exploded.

I expected immigration to become a hot topic as the presidential election grew nearer.

But the amount of news about immigration issues has exceeded my expectations.

And while there has been some encouraging news, it’s not all good.

To begin, I am concerned about the deferred prosecution program for immigrant youth.

I share some of my worries in this month’s article.

Then, as I’m sure you’ve heard, the Supreme Court reached a decision about Arizona’s attempt to jump into immigration issues.  It was a positive ruling for immigrants.  Yet, it was not a 100% victory.

Also, it was uncovered that over 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.

Last but not least, what are we to think about studies showing arrests of immigrants are being made at such a rapid pace the Obama administration may set a record for deportations for the fourth straight year? Over 80% involve immigrants who have not committed any criminal offenses.

Huh? Isn’t the president pushing for prosecutorial discretion?

Meanwhile, immigration courts are more clogged than ever.

All of this proves one point.  Our current immigration system is broken.

However, a new day is dawning.  Every small step forward, every small victory, brings us a step closer to ending the dark ages of immigration.

To Your Immigration Success!

Feature Article

“The Immigration Twilight Zone: Deferred Action For Immigrant Youth” by Carlos Batara

As a deportation defense lawyer, some days you just don’t get any respect.

A young woman, in her early 20s, walked into my office to talk about the DREAM Act.

She had heard the news about Obama’s newest immigration proposal.

It reminded her about a meeting we had two years ago.

At that time, I told her about the DREAM Act as a possible solution for her immigration situation and to keep her eye out for it in the future, closer to the election.

Now, when I told her that the current DREAM Act deferred prosecution proposal was not the real DREAM Act, she  became upset. Not at the news, but at me.

“I’m still going to apply. I’m tired of waiting. I need to work legally to support myself. So I don’t care what you say.”

Continue article…

Your Turn To Ask Carlos

Question: “My husband passed away a few months ago.  He kept saying he would help me get my immigration papers.  But he never filed anything.  Do I have any hope to getting a green card based on our 20-year marriage?”

- – - Regina T., Fallbrook, CA


You have some immigration rights, even though you are a widow.  But there are a few requirements you need to know about.

First, was your husband a U.S. citizen?  Second, were you and your husband still married at the time of his death?  If you can answer “yes” to both questions, then you can still go forward.  You can file a “self-petition”.

Don’t delay.  There is a time limit of two years after his death.  Since you said a few months ago, it seems you have enough time to move forward.

Did you have any children during your marriage?  If they are also immigrants, you can include them in your paperwork to become a permanent resident.  However, they need to be under 21 and unmarried on the date you file.

If you do qualify to file a self-petition, you still need to watch out for other possible problems.  For example, did you enter the U.S. lawfully or without inspection?

Maybe you arrived lawfully, but stayed here when you were supposed to return to your home country?  Did you ever leave the U.S. after your first entry?

In any event, before you file any applications, I recommend you discuss the specifics of your situation with an attorney versed in permanent residency rules.

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 plight of Manuel and Valente Valenzuela, two brothers who served with distinction in the U.S. armed services, is discussed in this short video.
Like many immigrant veterans, they thought honorable service in the military earned U.S. citizenship.  Yet, they now face deportation.
They’re not alone.  Over 3,000 immigrant veterans who served the United States in Vietnam, Grenada, Libya, Iraq, and Afghanistan are presently imprisoned awaiting deportation.

One can only wonder why Congress has decided not to address this issue.

“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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