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Immigration Newsletter – 2012 06 – June Edition


June 29, 2012 | Volume I, Issue 6

Two weeks ago, the president announced a new immigration policy that would allow some undocumented students to avoid deportation and receive work authorization.
Presumably, the policy was developed to help immigrant youth eligible for the DREAM Act.
Like Omar and Anthony, two brothers whom I introduced a few months ago in this newsletter.
Under the policy, a grant of “deferred prosecution” will last for two years and can be renewed.
During this period, those who qualify will be allowed to work in the United States.
But, as usual, it’s not a good idea to believe all that you read – especially when the news is being delivered from a politician’s office in the middle of an election year.
As an immigration attorney, I am recommending that immigrants should only apply for deferred action defensively, not affirmatively.
By that, I mean you should only apply if you are already facing deportation charges.
In my view, it is unwise to apply just to obtain a work permit.
First, the grant of deferred action is only two years at a time. The government can end the program at any time.
Second, even if you technically qualify for deferred action, the government still has the authority to deny your application.
In either of these situations, what happens next is unknown. Given that we are living in the dark ages of immigration law, will ICE come looking for you?
And even if you have been convicted of only a minor, non-violent offense, you need to be extra careful. In the mind of immigration officers, it might be classified as a serious misdemeanor.
Are you willing to take such a risk?
I’m not.
Last but not least, there is no path to permanent residency. What happens when the policy ends, if Congress has not fixed our broken immigration system?
Before closing, I’d like to address one more point.
The DREAM Act – the real DREAM Act, not a dead-end two year suspended deportation policy – is different from immigration amnesty.
See for yourself. In this month’s article, I share what the real DREAM Act was supposed to look like.

To Your Immigration Success!

Feature Article

“The DREAM Act Is Not Immigration Amnesty” by Carlos Batara

Immigration reform is in the air again.

According to Janet Napolitano, Department of Homeland Security leader, immigration reform will be addressed by the Obama administration this year.

For many immigrant children, trapped between a rock and a hard place, the discussions cannot begin soon enough.

These children, brought here at an early age by their parents, lack legal papers. They had no input in their parents’ decision. Their memories of a distant birth place are blurs.

The United States is their home – but they are here illegally.

Continue article…

Your Turn To Ask Carlos

Question: “My husband helped bring me to the United States through a fiancée visa. We got married. I got a green card for two years.

They told us to go back for a new interview in two years. But after living together, we found out things about each other we did not like. He filed for a divorce. I moved with my aunt who lives in Fontana. What can I do? Do I have to go back home?”

- – - Margarita Q., Beaumont, CA


You are facing what is known as removing the conditions of your permanent resident status. The government does this to make sure your marriage was not based on fraud.

Don’t think just because you’re getting a divorce, immigration officials will assume your marriage is a fraud. Of course, it will be harder to prove your marriage was a valid marriage, but it can be done.

If your husband is still alive, you may want to talk to him about helping you. Many couples cooperate with each other even after they separate and divorce.

The rules state you and your husband are supposed to file to remove the conditions as a couple. There are three main exceptions – but here are some problems that might pop up.

  • First, were you a victim of domestic violence? If you were, I don’t think your husband will help you.
  • Second, will you suffer an extreme hardship if you have to go back to your country? This is very hard to prove.
  • Third, are you divorced? Your divorce must be finished by the time you apply to remove the conditions. In California it usually takes at least six months to obtain a final divorce judgment. You need to have the divorce completed before filing your papers to remove the conditions.

If you have any of these problems, I suggest you talk to an attorney before trying to handle things on your own.

Have a question for Carlos?

Send him your question via this form.

Your inquiry may featured here in an upcoming issue!

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“Avoid Immigration Fraud”
In This Video:
Attorney Carlos Batara provides guidance on how to spot immigration fraud before it destroys your family’s dreams of living and working legally in the United States.
If you want more information on recognizing and avoiding immigration fraud, download our free and easy-to-read report below.

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

Riverside Immigration Attorney Free Book



  • 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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