The Immigration Mastermind

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...

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...