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Immigration Newsletter – 2012 05 – May Edition


May 30, 2012 | Volume I, Issue 5

Last month, I discussed flaws of the Obama administration’s I-601 “inadmissibility waivers” proposal.

These waivers are essential for immigrants who must return to their home country for their permanent residency interviews. If they have lived in the U.S. too long, they have to ask for special permission to return, even if they are eligible for green cards. The special permission is called a waiver.

But that’s only part of the story.

When we talk about immigration reform, we need to go further, we need to think a little deeper, if fixing the system is our goal.

It’s not just what is.

It’s what could be.

In this month’s article, I share ideas that could be made part of the I-601 changes.

Ideas that should be made part of the pending I-601 changes.

To Your Immigration Success!

Feature Article

“A Missed Opportunity For Meaningful I-601 Reform” by Carlos Batara

The proposed I-601 changes do not go far enough.

In early January, when the administration announced plans to modify the unlawful presence waiver process, the dreams of many immigrants soared.

I was cautiously optimistic, having been through several ups and downs with the Obama administration on immigration reform.

I hoped the revisions would improve the chances of success for immigrants seeking permanent resident status.

But I was unwilling to be swayed by the outpouring of positive publicity until I read the fine print.

Upon studying the new I-601 regulations, my doubts were confirmed.

Even though the proposed adjustments will benefit some immigrant families, they could also lead to problems for others.

However, my disappointment runs deeper. To put it bluntly, more is possible.

Continue article…

Your Turn To Ask Carlos

Question: Do I qualify for amnesty? I have lived here for 14 years and have never been in any kind of trouble.
- – - Helen M., Banning, California


Let’s begin with the issue of amnesty. There is no such immigration program. Anyone who tells you that you qualify for amnesty is pulling your leg. He or she may be trying to set you up for immigration fraud.

Maybe the person who mentioned amnesty is just confused about the wording. It could be that he or she really meant to say you qualify for cancellation of removal.

For cancellation of removal, you need more than 10 straight years of residency and good moral character. You also need to prove hardship – exceptional and extremely unusual hardship – to a qualifying relative of yours.

Not to scare you, but this hardship is hard to prove. Don’t ever try to win this type of case on your own. The odds are stacked against you.

Who is a qualifying relative? A spouse, child, or parent who is a lawful permanent resident or U.S. citizen.

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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