The Immigration Mastermind

It was my first briefcase. It was black. It was made out of wood. It was cheap. I paid $1.99 for it. I bought it at a Thrifty’s – a low cost drug store, located two blocks away from my home. When I carried it, I carried my dreams. Related Podcasts: Thank You, Old Friend A Lawyer And His Mother Recommended Links For More Information: A Tribute To My Father: An American Success Story The Battle For...

The moment we stepped out of court, he started crying. He cried . . . And cried . . . And cried. His wife had just won her immigration case. Related Podcasts: Sports And Immigration If There's A Will, There's A Way Recommended Links For More Information: Meet The Mascogos: Early American Slaves Who Sought Refuge In Mexico A Jamaican Immigration Story Of Family Unity Persistence

Clients often ask “Do I really need a lawyer to handle my case?” Here’s the truth. It depends. Some immigration cases are easier than others. Run-of-the-mill family visas petition or citizenship application matters are not as tough as a deportation defense case at immigration court. But are any cases truly run-of-the-mill? In other words, are run-of-the-mill cases problem-free? And supposing your...

“If destruction be our lot”, Abraham Lincoln once noted, “we must ourselves be its author and finisher.” That was 187 years ago. Many things have changed in the United States since that time.  But not the destructive power of racism. Related Podcasts: Episode 204: When Was America Great (For Immigrants)? Episode 157: Divide And Conquer Recommended Links For More Information: The Anti-Immigran...

Immigration law, at times, reminds me of the classic Western, “The Good, The Bad, And The Ugly.”  The Good, played by Clint Eastwood, is a subdued yet confident bounty hunter, ready to dive into battle.  The Bad is a ruthless and unfeeling mercenary who always finishes a job he is paid for.  The Ugly is a fast-talking bandit, who has committed a long list of crimes.  Similarly,...

I still remember my first immigration trial. I worked hard to cover every angle in advance. At the end of the hearing, the judge threw a curve at me. In his view, my client could not prove good moral character. Being a new attorney, I was startled and afraid I had not prepared adequately.  Related Podcasts: Episode 137: Sports And Immigration Episode 84: 7 Tips For Resilience Recommended Link...

I subscribe to chaos. More precisely,  I subscribe to chaos theory as a time management philosophy. Because chaos is inevitable, chaos theory teaches it is a force that should be accounted for in our daily lives. Related Podcasts: Episode 142: How A Virtual Immigration Lawyer Helps Clients Episode 53: Never Buy The Pessimism Of Others Recommended Links For More Information: The Battle For Imm...

I am not a fan of hardship letters. In a previous episode, I outlined my opposition.  However, I realize some folks, seeking I-601 waivers, will proceed forward anyway. As a result, I will discuss the six most common hardship issues discussed in government websites. On two conditions.  That you agree to call, minimally, what you write “a Hardship Statement ”.  Not a Hardship Le...

Immigrants and their spouses often call my office for help with writing their hardship letter.  Usually, the request is related to an I-601A waiver application. To most callers, the request seems simple.  But in my view, this type of request spells potential danger. In fact, most persons who make such requests view the letter as a mere 3-4-5 page document.  After all, that’s a lette...

The only fear we have to fear, once said Franklin Delano Roosevelt, our country’s 32nd president, is fear itself. His comment, though often quoted, is quite frequently not followed.   This is true of many immigrants whom I met, after they lost their dreams of living in the United States legally. Due to their fears. They lost because they failed to go forward.  To take a leap of fait...

Many folks decide to handle immigration cases on their own. That’s understandable. It is rarely prudent. Over the years, I’ve seen the outcome for countless individuals who decided to represent themselves. Many submit their paperwork, and months later, they go to an interview at the local U.S. Citizenship and Immigration Services office, anticipating a green card. They returned home deflated, ofte...

Even though I am a pro-immigrant attorney, I’m willing to admit that some immigrants commit bad acts. It bothers me, as a matter of policy, when colleagues portray immigrants as quasi-angels. Such an approach harms immigrants in the long run. Like U.S. citizens, most immigrants are good, honest, hard-working people.  Unfortunately, not all. However, immigrant opponents commit a bigger wrong w...

The Make America Great Again folks, known as MAGA, have it all wrong. What they consider a great America, I recall being a overly discriminatory county. One in which my parents, my family, and my neighbors were deemed second-class human beings. In large part, because of their immigrant roots. A return to those days is a step backwards. Related Podcasts: Episode 94: Words Matter: The Political Myth...

The first step in the green card process, completing the initial petition for an immigrant relative, seems simple.  After all, the petition – called an I-130 petition -looks simple.  Nonetheless, devastating problems can result if actions related to the form is not handled in a conscientious manner. Related Podcasts: Episode 143: Upgrading I-130 Petitions For Immigrant Spouses: Tips And...

In our previous episode, we discussed motions to reopen. More specifically, we talked about challenging a negative USCIS decision based on a factual-based opposition.  Today, we’ll explore a challenge based on a legal issue.  This is called a motion to reconsider. A motion to reconsider asks that the decision be reexamined based on the improper disregard or misinterpretation of appl...

Many couples begin the permanent residence process by taking it too lightly.  They get married.  They file an application for permanent residence.  They go to an interview.  They think that’s it.  In short, they believe that because getting a green card through a marriage is perhaps the easiest way to get a green card – coupled with the fact their marriage is legitimate -...

Are you a permanent resident, but your status is conditional? If this is your situation, then you’re required to file a petition to remove the conditions. This is a petition which you and your U.S. citizen spouse are supposed to file jointly. But what happens if the two of you have to decided to go your own ways? Does this mean you’re going to lose your green card status? Related Podcasts: Episode...

Do you have a hearing coming up in Immigration Court? Are you worried about how to answer questions you’re asked? Want insights on how to put your best foot forward? Here are seven tips on how to give your best testimony at Immigration Court. Related Podcasts: Episode 181: What Is The Notice To Appear? Episode 60: What Is A Merits Hearing? Recommended Links For More Information: The Six Roles Of Y...

It’s no secret.  The U.S. immigration system needs repair. But how you ask? Well, actually, a few simple ideas could greatly improve the process for family-sponsored green card applicants. Here are five small changes that would (a) reduce how many immigrants are waiting for interviews and (b) how long they need to wait before the big day occurs. Related Podcasts: Episode 188: Guiding Principl...

Today, I’d like to discuss priority dates, one of the most significant concepts in green card cases. It’s one of those terms many immigrants have heard, but do not really understand what it means or how It works. Yet, when an immigrant reaches his or her priority date, it marks a major milestone for them, bringing their dreams and hopes one big step closer to becoming reality. Related Podcasts: Ep...

United States citizenship. It’s the final frontier of U.S. immigration law. And for immigrants who naturalize, the last step of the immigration process takes place when he or she takes the Oath of Allegiance at their naturalization ceremony.  The name, alone, tells the main purposes of such a recital at the moment one becomes a U.S. citizen. Related Podcasts: Episode 192: Citizenship vs Perma...

It’s a terrible law. Imagine you’re a virtual assistant – who works from home – from a country outside the United States. You visit a cousin in the United States.  You enter on a tourist visa. While, you’re here, you turn on your laptop, and you do some work for a client who lives in England, Canada, or Singapore. Once you turned on your computer to help one of your clients, you’re deemed to...

Why do so many U.S. citizens fear the impact of immigration reform? Is their opposition based on facts or misconceptions? Since changes to immigration law in 1997, advocates for immigrants have been forced to play defense.  The arguments against reform, however, have remained the same.   Related Podcasts: Episode 188: Guiding Principles For Immigration Reform Episode 4: Fighting Hat...

“Who can I immigrate?” This is one of the most common questions that immigration lawyers are asked. The answer depends. Who you can immigrate depends on whether you are a U.S. citizen or a lawful permanent resident. Related Podcasts: Episode 143: Upgrading I-130 Petitions For Immigrant Spouses: Tips And Pitfalls Episode 111: What Does Conversion Of Immigrant Petitions Mean? Recommended Links For M...

Back in my days of political activism, twice per year, I would organize door-to-door voter registration campaigns. Volunteers would carry citizenship pamphlets just in case they knocked on the doors of permanent residents who had not taken the next step to seek naturalization. I did not think we would run into very many of these folks.  To my surprise, I learned countless individuals – though...