here are a lot of misconceptions about undocumented immigrants living in the United States. Dispelling these false beliefs is important if sensible and comprehensive immigration reform is ever to be achieved. For instance: According to recent studies by the Pew Research Center, the number of undocumented immigrants living in the U.S. has dropped over the past decade. Even though undocumented immigrant workers make up a large share of some occupations, U.S. born workers are the majority in all fields of employment. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/citizen-spouses-immigration-reform-key (Immigrant Families: Why Citizen Spouses Are The Key To Reform) https://www.bataraimmigrationlaw.com/family-unity-not-merely-inadmissibility-waivers (How To Understand Visa Preference Categories: Green Cards From Abroad)

Over the course of the past few months, the number of undocumented Brazilians trying to enter the United States has greatly increased. According to the Border Patrol, the number of Brazilians apprehended at border crossings increased by 18,000 – a 600% increase – in 2020. Just in the San Diego region, the total has grown by a 1200 percent increase during the first half of 2021. These figures show an emerging new pattern. In general, Brazil has not been a country where its citizens have emigrated elsewhere in large numbers. Historically, Brazilians living in the United States without permission entered with valid tourist and student visas. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/san-diego-family-immigration-petitions-success-story (Planning Ahead Prevents Deportation Of Brazilian Immigrant Scholar) https://www.carlosbatara.com/omnitweet/brazilian-immigrants/ (Brazilian Immigrants In The United States)

I often cringe when I hear that immigrants are going to handle their cases on their own, without a lawyer. I’ve seen far too many instances where pro per applicants – that is, immigrants acting as their own attorneys – made simple mistakes that could have and should have been avoided. In some instances, when careless mistakes are made, a do-over is possible. Other times, the problem is more serious. It destroys their cases altogether. A recent USCIS announcement, seemingly innocent, rekindled my worries for such “independent” applicants of immigration benefits. The announcement pertained to biometrics appointments – appointments where an immigrant’s fingerprints and photographs are taken when they apply for green cards, citizenship, and other benefits. On the surface, the announcement is not earth-shattering. However, the changes pose a real danger for unsuspecting immigrants. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/five-mistakes-by-pro-per-immigrants (Immigrants Without Lawyers: Five Common Pro Per Mistakes) https://www.bataraimmigrationlaw.com/impact-avoidable-immigration-actions (The Impact Of Avoidable Actions: Small Mistakes, Huge Consequences)

Quite often immigrants want to know, “What’s consular processing?” In many cases, the question is followed up with another question. “What’s the difference between consular processing or adjusting status in the United States?” In a nutshell, the inquiry is focused on where the interview for permanent residence will take place. In the U.S. or in an immigrant’s country of birth? The most typical situation in which these questions are asked – pertain to a U.S. citizen - who wants to help his or her immigrant spouse win a green card. The U.S. citizen spouse may have heard about the adjustment process from a neighbor, or friend, or family member who sponsored a loved one for immigration benefits. That person’s husband or wife was allowed to attend their interview inside the United States without leaving the country. The U.S. citizen does not understand why his or her spouse has to leave the U.S. to attend an interview abroad. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/consular-processing-green-card (Consular Processing For Permanent Residence Through Marriage) https://www.bataraimmigrationlaw.com/family-unity-not-merely-inadmissibility-waivers (How To Understand Visa Preference Categories: Green Cards From Abroad)

In a previous episode, I talked about the https://immigration-mastermind.captivate.fm/episode/prosecutorial-discretion-returns (return of prosecutorial discretion) at immigration court. This is the discretion given to an immigration officer to decide whether or not to enforce the law against a person. If the judge declines to pursue removal actions against an immigrant, he or she has favorably exercised prosecutorial discretion. It does not mean the immigrant is permanently freed from prosecution. It only puts the case on hold. Usually, this action is taken when the judge has reviewed the immigrant’s file and feels the immigrant has a good chance to win their case outside the court system. Here are 10 key factors the judge is likely to explore. Recommended Links For More Information: https://www.carlosbatara.com/immigration-judges-battle-justice-department/ (Judicial Battle Over Discretion And Due Process At Immigration Court) Deportation And Removal Defense

Immigration clients often want to know if there are any ways to speed up the green card process for family members. Well, there is a provision known as cross-chargeability, not commonly known, which can sometimes help immigrants move to the finish line a little faster. In general, when an immigrant seeks to immigrate, the visa is "charged" to the country of the immigrant's birth. But there are situations when the visa might be charged to the country of birth of the immigrant applicant’s spouse, who is a family dependent listed on the immigrant's petition. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/questions-and-answers/index-family-visas/cross-chargeability-visa-green-card-process (How Cross-Chargeability Rules Can Speed Up Your Green Card Process) https://www.bataraimmigrationlaw.com/journey-to-back-of-immigration-green-card-lines (Down The Green Card Rabbit Hole: A Journey To The Back Of The Line)

The immigrant visa system puzzles many immigrant families. Confusion often increases when the relationship between the petitioner and the beneficiary changes during the permanent residence process. For instance, take the visa processing situation of a daughter, 21 years or older, of a U.S. citizen, whose petition has been filed and is pending. As she waits for her green card interview, she decides to get married. Now, she is placed in a lower category, and her wait is extended, often by several years. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/family-based-visa-attorney (Immigrant Relative Petitions And Family-Based Visas) https://www.bataraimmigrationlaw.com/video-which-family-members-can-you-immigrate (What Family Members And Relatives Can You Sponsor For A Green Card?)

Far too often, immigrants give up when their U.S. citizen spouse dies before they win a green card. However, in many situations, a widow can still win permanent residency after their husband or wife passes way. To do so, you would need to file a Widow’s Petition (or Widower’s Petitioner) Here are five requirements you need to know. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/questions-and-answers/index-family-visas/lawful-residency-possible-if-spouse-dies (Can I Still Become A Lawful Resident After My Sponsoring Spouse Dies?) https://www.bataraimmigrationlaw.com/remarriage-green-cards (What You Need To Know About Remarriages And Green Cards)

After helping immigrants for over three decades, I’ve been able to notice various traits that separate those who are successful from those who are not. In particular, there are five characteristics which most successful immigrants exemplify. They understand the grass is greener on this side. They miss their families and friends abroad, but they grasp their lives are on the upswing. And they know that wallowing in self-pity is a destructive emotion that undermines success. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/my-father-immigrant-success-story (A Tribute To My Father: An Immigrant Success Story) https://www.carlosbatara.com/hate-is-not-immigration-answer/ (For Immigrants, Fighting Hate With Hate Is Not The Answer)

Fear of Chinese immigrants has long existed in this country. Like many other immigrant groups, they survived by helping each other and being creative. Shortly before and after the passage of the Chinese Exclusion Act of 1882, many Chinese immigrants survived by moving, of all places, to the American South. While there, a political and social alliance between the freed Black slaves and the Chinese based on a survival instinct was forged. Inter-racial marriages became common, totaling nearly one-third of all Chinese marriages in some parts of the South during this period. Recommended Links For More Information: https://www.bataraimmigrationlaw.com/immigration-reform-divided-house (No Room For Segregation In The House Of Immigration Reform) https://www.carlosbatara.com/the-mascogos-early-american-slaves/ (Meet The Mascogos: Early American Slaves Who Sought Refuge In Mexico)