The Immigration Mastermind

Too, too often when clients visit me, I can hear the negative mindset. It comes out, not openly, but in little drips and drabs as they talk about their immigration situation. Well, it seems my entire career, I have been the little guy fighting the big giant, the government, for my clients. And I’ve learned a few things about fighting for what you believe in, even when the odds are against you. Let...

In his first campaign for president, Obama repeatedly told audiences that “It’s vital we bring immigrant families living in the U.S. out of the shadows and provide them with a pathway to citizenship.” Those of us practicing immigration law at the time thought one of his first actions would be to push for a change of section 245(i) of the Immigration and Nationality Act. Unfortunately, that did not...

When the Deferred Action For Childhood Arrivals program, commonly known as DACA, was hatched, I was not a fan of the program. The program was a political sell-out of a better idea: The DREAM Act. I am still not a fan of DACA . . . although I have learned to leverage the program to benefit clients. What was lost WAS NOT insignificant – a path to permanent residency. The program, in short, was and i...

Can a U.S. citizen in an unmarried relationship sponsor his – or her – partner to become a permanent resident? Maybe. After all, not all couples who fall in love officially tie the knot. Instead, they simply live together. They hold themselves out to friends, family and the community as being married but they never formalize the marriage. Such relationships, commonly known as common law marriages,...

I played a lot of sports growing up. I learned a lot about competition and achievement - about performing at a high level in an arena of competition. In particular, I learned the fastest, strongest, or most skilled athlete does not always win. Success, more often than not, is dependent on certain intangibles, the game within the game. In other words . . . the internal game of heart and mind . . ....

Often, clients visit my office because they want to immigrate someone they recently met and fell in love with.  However, they have a slight problem.  The love of their life lives in another country, hundreds and perhaps thousands of miles away.  Some of these individuals have heard about fiancé visas.  Most have not. But few know how they work.  So, assuming you want to pe...

Ever look back at your year, and wonder what happened to the goals you set? You started the year with high hopes.  In your mind, you’d already won permanent resident status. You sat down at the dinner table.  You and your spouse talked about getting started.  The two of you looked ahead – you imagined visiting your family living abroad, taking trips with the kids to Disney World, an...

Recently, the political darkness lifted for the Temporary Protected Status program.  After a long five-year battle, TPS recipients can finally breathe a little easier.  At least for now. The Biden Administration has rolled back efforts to terminate TPS that were initiated under former president Donald Trump. Yet, being only a temporary program, lasting only 18 months per designation, TPS...

“Is immigration causing cultural ghettos in cities?” That was a question recently asked by a New York-based reporter. She added, “And should we be worried?” Not in my view. Cultural enclaves, in many ways, are natural.  When immigrants first arrive in the country, whether they speak English fluently or not -- feel more at home in the company of fellow countrymen.  This does not mean such...

When it comes to important decisions, most people fall into one of two camps. Some folks worry about their problems, over and over again, before they take steps forward. Others discard their initial reservations and move quickly ahead, and only second-guess their choice afterwards. For immigrants seeking permanent residence through marriage to a United States citizen, the first course of action is...

A few weeks, I came across an article entitled “7 National Park Sites That Tell The Story Of Immigration.”  Published by The National Parks Conservation Association (known as the NCPA), a non-profit organization founded in 1919, the article listed seven national parks, whose history reflect the highs and lows of the U.S. immigration experience. It’s often said that the United States is a coun...

There are many requirements when immigrants seek to become lawful permanent residents of the United States.  Taking a medical exam is one such requirement. The purpose of the exam is to ensure public safety.  On October 1, 2021, the COVID-19 vaccine was added to that list. Objections to this action, as one might expect, quickly arose. The vast majority assert it violates their religious...

Over 12% of America’s Black population have been born outside the United States.      By 2060, it’s projected about 33% of the U.S. Black population will be foreign-born individuals. However, the integration between Black Immigrants living in the U.S. and U.S. born Black Americans has not been the smoothest of sailings.  Can the sources of this division be overcome? Recommended...

I’ve heard this story over and over again.  From clients, from work colleagues, from social media acquaintances. It goes like this: “My brothers, my sisters, my parents won’t talk to me because my husband is illegal.”  So how should you deal with those family members? Recommended Links For More Information: For Immigrants, Fighting Hate With Hate Is Not The Answer The Battle To Correct F...

Are immigrant males ever the victim of domestic violence? Sure they are. Are there any programs to help protect them? Yes. It’s called the Violence Against Women Act. Most folks think VAWA as a female-only immigration program. It’s not. Recommended Links For More Information: Violence Against Women Act Immigration Attorney How An Immigrant Child Won Here VAWA Case At Immigration Court

Do you have a marriage permanent residence interview coming up? Are you worried? You should be. Have you spent time thinking about what questions you and your spouse might be asked? For failing to prepare, as Benjamin Franklin once noted, is preparing to fail. Recommended Links For More Information: Stokes Interview: How To Avoid Green Card Marriage Fraud Suspicions The USCIS Fraud Checklist: Gree...

Are U.S. citizens are the most neglected constituency in the immigration reform debate? As strange as that contention sounds, it’s an opinion held by several U.S. citizens who are married to immigrants. For good reason. The number of native-born and naturalized spouses married to immigrants is far larger than any other immigration constituency. Yet, U.S. citizen spouses are minimized – and are oft...

For immigrants, a divorce is not always the worst aspect of divorces. In many instances, a divorce has no impact on current immigration status or future immigration applications for benefits. Yet, navigating the issues of family court proceedings is often like tip-toeing through a field of landmines. One misstep and permanent residency or citizenship dreams are shattered. Most immigrants in family...

In their quest to become lawful permanent residents and citizens, immigrants to the United States face many obstacles. Most are aware of the challenges posed by the government’s strict requirements for winning legalization. But few recognize another type of danger. Being defrauded by false friends. No immigrant community is immune. Recommended Links For More Information: Immigration Fraud Scam: Fa...

It was one of the worst experiences in my professional life.  I was asked by an immigration client to escort his wife to the border. She was leaving the country per court deportation order. Her husband told me, “I cannot say good-bye.  Will you please say it for me?” I agreed.  Her defeat, after all, was my defeat.  She knew, I knew she might never see her family in person agai...

Can a middle ground be found for immigration reform? For without it, are any immigration policy changes possible? It’s true, of course, that immigration discussions often resemble a modern day Hatfield – McCoy feud. Most mainstream media accounts paint immigration discourse as a picture of two warring tribes. And on the surface, the art of diplomacy seems permanently lost in Congress. Yet, comprom...

Love happens. More often than not, it happens unexpectedly. And for immigrants who have entered the United States under the Visa Waiver Program, unexpectedly falling in love can lead to deportation – and permanent separation from the persons they love. Recommended Links For More Information: ICE Cold Heart: The Danger Of Love Under The Visa Waiver Program Cuban Adjustment Act Immigrant Wins Perman...

The New York Times recently asked, “Why Do American Grocery Stores Have An Ethnic Aisle?” At first glance, the question seems simplistic. One might even ask, “What’s the big deal? They’re just grocery aisles.” But, in actuality, the question reflects issues larger than food aisles. The question reflects a changing country. The question reflects diversifying taste buds, diversifying food preference...

Imagine living in the United States for 48 years thinking you’re a U.S. citizen . . . and then the carpet is pulled from you. Imagine serving in the U.S. Navy for seven years believing you’re a U.S. citizen . . . only to find out two decades later, after receiving an honorable discharge, you were not born in the United States. Imagine being a Customs and Border Patrol officer for 18 years, prevent...

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 immig...