The Immigration Mastermind

Let’s be honest. When it comes to immigration reform, both sides of the political aisle in Congress are engaged in a cynical game that treats migrants as campaign fodder for election purposes.  In so doing, they create a public impression that immigration is an intractable issue which, they claim, the other side is causing by their stubbornness to rigidly adhere to demands that are unacceptab...

It was bound to happen. Sooner or later, as the U.S. has increasingly presented a not-so-friendly welcome mat to those seeking refuge, migrants were bound to look elsewhere in their quests for security and stability. . . . Even neighbors residing next door, at our Southwest border from Mexico. That some of our neighbors were trying to enter Canada is not new information to those of us who work in...

Immigration decisions are rarely simple.  For instance, take a couple who fall in love.  One person is a U.S. citizen living in the United States, the other lives in another country.  They decide to get married. They have two options. They can get married abroad. Then the U.S. citizen can file a marriage-based petition for their spouse. Or the citizen could petition their loved one...

Since I started paying attention to politics in junior high school, I’ve considered myself to be a liberal – and often a so-called “radical” liberal. But as time has passed, I have noticed that my views do not always jive with the opinions of those considered liberals in the media.  Take immigration.  Like my colleagues, I am angry at what is going at our country’s southwest borders. I a...

What happens when a lawful permanent resident becomes a U.S. citizen - while the application they filed for their immigrant spouse is pending? Is it revoked and they have to start over? Is it automatically changed to a new category? Well, neither. Allow me to explain. Related Podcasts: Episode 111: What Does Conversion Of Immigrant Petitions Mean? Episode 74: Immigrant Adoption Potholes Recommende...

Once upon a time, you would use the Yellow Pages to hire a local attorney to help you. Back then, the internet and technology had not yet shattered barriers to international communication. Driving to a brick-and-mortar office to meet with your attorney, however far away, was the only game in town. These days, many folks buy books, clothes, household items, bank, make flight reservations, and downl...

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...