The Immigration Mastermind

For nearly three decades, immigrant opponents have focused their attacks on migrants from four countries – Mexico, Guatemala, Honduras, and El Salvador – the four countries closest to the country’s southwest borders.  They assert a border wall is needed.  Doors to entry need to be locked. They fail to realize that the world’s migration flows have changed. Their focus is misplaced. ...

Immigrants who have entered the U.S. without permission or overstayed their visas live everyday with constant worry. They fear being apprehended and deported – before they can obtain permanent resident status. Such immigrants are often vulnerable to deceptive shysters promising them sure-fire solutions. Living in the shadows, it’s tempting for some to listen when they meet someone who says, “I kno...

When U.S. citizens complain about migration at the southwest borders, most overlook two key factors.  ·        The role of the U.S. in creating conditions which have led to the exodus of persons from various countries. And the role of the U.S. in helping to alleviate such conditions. Related Podcasts: Episode 171: Nine Rings Of Hell For Central American Refu...

I do not claim to have the complete answer to fixing the U.S. immigration system.  Of course, I have some ideas.    More importantly, however, I know that all systems, to be effective, must be based on a few guiding principles. Immigration law is no different. Related Podcasts: Episode 80: A Lawyer And His Mother Episode 42: Cookies And Immigration Recommended Links For More In...

As part of your hardship evidence documents, it is beneficial to collect written statements from persons who have first-hand experiences with your family circumstances. These statements provide the government with greater insights about the close-knit relationship between you, your spouse, your children, and perhaps other close family members. But you do not want to just ask anyone who knows you a...

It was the end of a heated battle. It was closing argument. I began. The concept of hardship, your honor, I said, is not a silver spoon theory.  What sufferings a person experiences in life, what contributions they make to this world, is not restricted to a small set of persons with elite titles and work positions.   Related Podcasts: Episode 180: Judicial Bullies Episode 42: Cookie...

The conditions of an immigrant’s home country is an important issue in all I-601 and I-601A cases.  Yet, such evidence is often minimized in waiver applications. The result? Many factors, which could make a difference between winning and losing, are missed in the process.  Related Podcasts: Episode 168: The Human Side Of Economic Hardships Episode 172: Burden Of Proof: Separation Or Relo...

Immigrants come to the United States for a singular purpose: to live a better life. A different reality often confronts them. Like stepping from a frying pan into a fire, once placed in immigration court proceedings, they come into contact with other individuals, who, trapped in their own personal misery, impose their negative sentiments onto immigrants. Related Podcasts: Episode 20: An Immigratio...

Anti-immigrant folks claim newcomers enter the U.S. to live off the government dole. The fear is embodied in immigration policy. The government does not want soon-to-be green card holders to become public charges relying on government support, such as welfare, food stamps, or Medicaid. Thus, when immigrants seek to win a green card, they must submit an Affidavit of Support. Related Podcasts: Episo...

The hardships of U.S. born children (or lawful permanent children) are often the deciding factor in waiver cases. This is true even when the children are non-qualifying relatives in an I-601A matter. It depends, in part, how much a child is close to dependent upon the parent whom is to be removed from that child’s life. This means evidence should be submitted that showcases bits and pieces of the...

Do you have a date coming up in Immigration Court? If so, it means you have been served with a Notice To Appear – often referred to an NTA. It means the government has brought charges against you, and is asking the immigration court to deport you from the United States. The Notice To Appear is a short document – usually just two pages.  Don’t be fooled by its apparent simplicity. Related Podc...

The young lawyer stepped tenderly to the podium.  His case was the first to be called on the 8:00 a.m. calendar. He seemed a few months out of law school. As he spoke to the immigration judge, his voice squeaked.  His motion was simple.  He asked for a new hearing date. Waiting my turn, I listened to his presentation. The request seemed reasonable to me. The judge blew a fuse. ...

There are four separate paths to U.S. citizenship:·         Citizenship through Birth          Citizenship through Acquisition          Citizenship through Derivation         Citizenship through Naturalization Each of these paths has its ow...

Immigration waiver law limits the evaluation of hardship to the suffering of qualifying relatives. For I-601A cases, there are, at most, three persons who count as qualifying relatives: an immigrant’s spouse, mother, or father.  They must be U.S. citizens or lawful permanent residents. Yet, non-qualifying relatives are often the key to winning I-601 or I-601A waivers. Related Podcasts: Episod...

One of the quirks about hardship law is that it is the immigrant’s citizen or permanent resident spouse’s hardship that counts - not the immigrant’s hardship. I hear you now.  "But, but, but, it's the immigrant’s case."  It is, you're right.  Yet, who is the legal resident, the U.S. citizen?   That doesn't mean other factors will not play a role in shaping the final presen...

A person can enter the U.S., and even be living in the U.S., without having  been legally admitted. If a person has made a lawful entry, this means they have been inspected and authorized to come into the country.  This is deemed a lawful entry.  Parole, on the other hand,  allows immigrants to enter or live in the U.S., as if they have been admitted, for a temporary period, ev...

For nearly three decades, many U.S. Citizen spouses have lived in fear of losing their immigrant companions. Even though they can file to sponsor their husbands or wives for permanent residence, there is a major obstacle.  Their spouses entered the country without permission. And Congress has turned a deaf ear to them. Related Podcasts: Episode 125: The Plight Of U.S. Citizen Spouses Of Immig...

Several years ago, I went to immigration court with a client, who, like many others, made a foolish mistake as a young man.  Now, he was in his late 30’s, a much wiser man, who cared deeply about his family. We were expecting a full-blown merits hearing, a full-blown immigration trial. The outcome would turn on the family’s hardship if he were to be deported. Related Podcasts: Episode 42: Coo...

Import voters? Sheesh, come on, Mr. Musk, what does that mean? I know you’re not that short-sighted. So there is only one way to interpret your comment. Related Podcasts: Episode 147: Immigrants As Political Fodder Episode 42: Cookies And Immigration Recommended Links For More Information: Immigration Politics And The Future Of Immigration Reform The Attack On The 14th Amendment And The Myth Of An...

Who has the burden of proof in I-601 waiver cases? The waiver applicant. The immigrant. This means the applicant has the responsibility for showing the Qualifying Relative will suffer extreme hardship if the applicant’s waiver application is denied. There are three different levels when it comes to a person’s burden of proof. Related Podcasts: Episode 170: Towards Simplifying The Meaning Of H...

As I visited a book store the other day, I gravitated to the Classics Literature section.  Glancing through the selections, I paused when my eyes reached Dante’s Inferno, a literary masterpiece about one’s spiritual journey through nine rings of hell.  That was not the book’s only message, as it also illuminated the suffering of exile and leaving behind what a person loves most. &nb...

The concept of hardship is used in all sorts of immigration cases. Yet, nowhere is it defined in immigration law. Why? Because it’s one of those terms incapable of a tight clarification. If you feel puzzled, you’re not alone. Related Podcasts: Episode 40: Ditch Robotic Hardship Formulas Episode 95: Hardship Insights For Immigrants Without Lawyers Recommended Links For More Information: What Happen...

I’ve long subscribed to the marketplace of ideas. As former Supreme Court Justice Oliver Wendell Holmes wrote back in 1919, “The best test of truth is the power of the thought to get itself accepted in the competition of the market.” I agree. No one can lay claim to alone know the truth.  And to the extent truth is left untested, it tends to become rigid dogma.  Why, then, in a nation wh...

The number one issue I hear when people talk about 601 waivers pertain to  economic and financial concerns. Immigrants and their spouse almost instinctively equate hardship with monetary issues. And that’s natural. But it’s too short-sighted.  Related Podcasts: Episode 66: Unclaimed Immigrant Income Taxes https://immigration-mastermind.captivate.fm/episode/immigrant-seniors Recommended L...

Language bloat. Sentences that go on forever. Words you’ve never heard before. Phrases you don’t comprehend. Lawyers are especially guilty. This cancer – writing and speaking in ways that others do not understand – often shows up at court hearings.  Related Podcasts: Episode 89: Beware Misleading U Visa Advertising Episode 80: A Lawyer And His Mother Recommended Links For More Information: Wh...