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Immigration Newsletter – 2013 01 – January Edition


January 31, 2013 | Volume 2, Issue 1


immigration-reform-political-double-whammyThe moment has finally arrived.

After months of commentary by Republicans and Democrats, the Senate and President Obama unveiled their immigration reform proposals earlier this week.

Well, not exactly.

Only general outlines were provided. No specific plans were outlined.

Why the delay? While the verbal jabbering continues, countless immigrants and their families suffer at the hands of our broken immigration system.

Clearly, the lack of even a loosely drafted tentative plan, three months after election day, proves my 2012 contention that immigration reform was never on the president’s agenda during his first term of office.

But that’s behind us.

What can we look forward to now?

If you listen carefully, there are indications real comprehensive immigration reform will not happen.

Senator McCain, along with some of his Democratic Party colleagues, openly admitted immigration reform was on the table due to an election imperative. Speaking on Rush Limbaugh’s syndicated radio show, Senator Rubio said it was politically important to get in front of the immigration reform issue. In his address, President Obama repeatedly said now is the time for immigration reform.

Each added that reaching a compromise would be painful, but that compromise is necessary for passing immigration legislation.

That’s not new news. It’s typical politics. What’s startling is that they are attempting to define the parameters of an acceptable package before they address particular agenda items.

In other words, comprehensive immigration reform proponents are being forced to compromise even before the normal period of legislative compromise has begun.

Sounds like a double whammy to me.

To Your Immigration Success!

Feature Article

“The Anchor Baby Debate: U.S. Citizenship For Children Of Immigrants” by Carlos Batara


Are children of immigrants born in the United States entitled to U.S. citizenship?

For nearly 150 years, the matter was settled. The 14th Amendment, ratified in 1868, had resolved the debate.

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.”

But nothing is sacred in the world of politics.

Over the past weekend, the bell was sounded for a new round of controversy on immigration reform.

Continue article…

Your Turn To Ask Carlos

ask-riverside-deportation-lawyer-carlos-batara Question: “Can you get deported if you get caught working with no permission?  My father is an immigrant.  His boss sent him to work at a house to paint and do other types of work.  On the way, he was stopped and he was turned over to immigration.  My dad is not legally here.  The police let him go but he has court now in two months.  Can he get deported?”

- – - Graciela B., Oceanside, CA


There are many details I do not have, so I will make some assumptions about your father’s situation.

To begin, I don’t think your father’s employment is the main concern here. Being deported is probably a much larger problem for him.

If he was taken into immigration custody, it is most likely because he does not have legal documents to live in the U.S. This is why he is going to immigration court. He has to face deportation charges. If he loses, he will be ordered to be removed back to his home country.

So in my view, his main worry is whether he can put together a strong defense against deportation. There are several potential avenues open to him, if he can meet the specific requirements.

In many removal defense cases, the most important issue is hardship. This means how much suffering will you, your mother, and any brothers and sisters go through if you father is deported.

It takes a lot of good evidence to win these types of cases.

Here’s a graph to help you figure out what types of evidence your father needs to show the judge.

For more detailed information about how to fight deportation charges at immigration court, see A Modern Approach To Immigration Hardship Factors.
It’s my personal opinion, however, that these types of cases are too complicated for immigrants to handle on their own without the help of an immigration lawyer.
Have a question for Carlos?

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“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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