The Immigration Mastermind

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...

Many experts will tell you community activities of the immigrant are not important to whether a I-601 waiver is granted or denied. They’re wrong, flat out wrong. It's especially effective for immigrants who have lived in the U.S. too long without permission. It transforms the perspective of that time from a negative to a positive. Related Podcasts: Episode 102: Immigrants Do Not Come To America To...

I miss old friends I will never see or talk to again.  Old friends whose life paths I know nothing about.  That saddens me.  I thought we’d be friends forever.  Now we’re just memories to each other.  Related Podcasts: Episode 90: A Small Thank You To Cafeteria Workers Episode 160: If There's A Will, There's A Way Recommended Links For More Information: Persistence Is Ofte...

How do you measure a broken heart? More precisely, how do you measure the emotional distress and loneliness one feels if they are separated from a spouse or other loved person due to the denial of a family unity waiver? And how do you present evidence of such loss to an immigration adjudicator? The obvious answer is through a psychological evaluation. But not just any psychological evaluation will...

It’s no secret. Immigration law in the United States is in need of an overhaul. I’ve long pondered whether such change will occur through politics, or whether the legal process is the only option truly available to reformers. Both approaches have limits. Related Podcasts: Episode 157: Divide And Conquer Episode 144: Flawed All Or Nothing Immigration Reform Strategy Recommended Links For More Infor...

In many, if not all, USCIS offices, the government uses checklists to review green card marriage applications. These issues on these checklists are not supposed to be the end-all to evaluations of permanent resident applications. In fact, many of the issues are subject to various interpretations. But they help officers spot certain responses that need to be looked at a little deeper. Related Podca...

Imagine being six years old, watching your father being killed by a firing squad. Standing there, with your mother and slightly older sister. That’s Vinnie’s story.  Related Podcasts: Episode 41: Unfair Cambodian Refugee Deportations Episode 96: The Age Of Immigration Darkness Recommended Links For More Information: What You Need To Know About Cambodian Refugee Deportations From Cambodian Imm...

I wanted to retire. I felt unmotivated to fight. My passion for law had disappeared. My mother had passed away. Fighting my own emotional wounds, I had nothing left over to give to others. Related Podcasts: Episode 80: A Lawyer And His Mother Episode 42: Cookies And Immigration Recommended Links For More Information: The Battle For Immigration Justice: Why Compassion Matters A Tribute To My Father...

The Violence Against Women Act, commonly known as VAWA, provides protection for immigrant spouses and children who have suffered abuse and cruelty at the hands of a U.S. citizen or lawful permanent resident. There are two roads to protection under VAWA. The first is through filing a self-petition with the U.S. Citizenship and Immigration Services.  The second occurs by filing for VAWA cancell...

The immigration history of the United States has several embarrassing moments – some of which still affect immigration programs today. Many, many decades later . . . Take the Filipino World War II Veterans Parole Program, (known by its acronym – FWVP) implemented by the Obama Administration on June 8, 2016.  Three years later, in 2019, Its termination was announced by President Trump, as part...

In a previous episode, I discussed how immigration reform might occur with a united political front of supporters from diverse cultural backgrounds. Afterwards, several listeners and colleagues disagreed. “Carlos”, they said, “your views are based on a pipe dream.” They missed my point. I know that we may never be able to achieve perfect unity.  But we can – and should – minimize the fragment...

Question: When is a victory NOT a victory? Answer: When the case is about immigration law. Okay, I exaggerate.  A little bit. Take the Morales-Santana decision. The case involved how U.S. citizens confer U.S. citizenship to their children born in another country.  Related Podcasts: Episode 65: The Truth About Dual Citizenship Denaturalization: A New Fear For Immigrant Communities? Recomm...

I am strongly pro-immigrant. I want immigrants, especially from poor countries, to have the same opportunities as those of us from wealthier nations. But I’m torn on the issue of professional visas. My discomfort arises from the dog-eat-dog attitude displayed by some immigration lawyers. They complain about the loss of skilled immigrants because these workers will return to their home countries an...

A few episodes ago, we discussed the meaning of Requests For Evidence, known as RFEs.  We talked about how they are not an indication that your case is about to be denial. Today, I want to explain a different type of notice called NOIDs, short for Notice Of Intent To Deny. Many green card seekers get confused with the differences between a NOID and an RFE. Let's explore their similarities and...

Today, let's discuss a practical subject. Renewing your green card. We’ll begin with the question most frequently asked by persons about renewing their green card. "Will I be deported for having an expired permanent resident card?" Related Podcasts: Episode 72: What's In Your Immigration File? Episode 2: Three Filing Mistakes To Avoid Recommended Links For More Information: 11 Insights You Should...

Imagine being able to apply for permanent residence no matter how you arrived. Whether you crossed the border into the United States from Canada or Mexico without proper documents. Or whether you entered on a touristvisa and decided to remain here. Well, you can. Assuming you arrived before New Year’s Day in 1972 and have lived here continuously since then. Related Podcasts: Episode 150: Immigrant...

I’ve said it before. I’ll say it again. United we stand, divided we fall. This theme was the title of a popular song in the early 1970s. But it is far more than that. It is a slogan worth adoption by all immigration reform supporters, by all immigrant communities. For if immigration reform is to take place, it will be the product of a team effort. Related Podcasts: Episode 101: An Alliance Bo...

Growing up, I was raised to respect my elders. If I was riding in a crowded bus or subway, and there were no open seats, I was taught to stand up and offer my seat to seniors and older adults. Common courtesy to seniors was as American as apple pie. It was – and is - the right thing to do for a vulnerable population. So why not begin immigration reform by carving a path to legalization for immigra...

It’s not uncommon for immigrants to panic when they receive a letter entitled “Request For Evidence” from the government.  Many fear the Request For Evidence, known as an RFE, means they’re going to lose.  They call my office and say, “We don’t have any more evidence.” Their fears are often misplaced. Related Podcasts: Episode 154: Two USCIS Warnings: NOIDs Vs RFEs Episode 45: How To Pre...

In the early 20th century, before public health care centers sprouted, it was not unusual for children to be born at home with the help of a midwife. This practice was more common in poorer areas like rural towns, such as those in South Texas, along the U.S. - Mexico border region. Today, such births often create nightmares for United States citizens – who find themselves suddenly alleged by the U...