The Immigration Mastermind

Over the course of the past few months, the number of undocumented Brazilians trying to enter the United States has greatly increased.  According to the Border Patrol, the number of Brazilians apprehended at border crossings increased by 18,000 – a 600% increase – in 2020.  Just in the San Diego region, the total has grown by a 1200 percent increase during the first half of 2021.  T...

I often cringe when I hear that immigrants are going to handle their cases on their own, without a lawyer. I’ve seen far too many instances where pro per applicants – that is, immigrants acting as their own attorneys – made simple mistakes that could have and should have been avoided. In some instances, when careless mistakes are made, a do-over is possible.  Other times, the problem is more...

Quite often immigrants want to know, “What’s consular processing?” In many cases, the question is followed up with another question.  “What’s the difference between consular processing or adjusting status in the United States?” In a nutshell, the inquiry is focused on where the interview for permanent residence will take place.  In the U.S. or in an immigrant’s country of birth? The most...

In a previous episode, I talked about the return of prosecutorial discretion at immigration court. This is the discretion given to an immigration officer to decide whether or not to enforce the law against a person. If the judge declines to pursue removal actions against an immigrant, he or she has favorably exercised prosecutorial discretion. It does not mean the immigrant is permanently freed fr...

Immigration clients often want to know if there are any ways to speed up the green card process for family members. Well, there is a provision known as cross-chargeability, not commonly known, which can sometimes help immigrants move to the finish line a little faster. In general, when an immigrant seeks to immigrate, the visa is "charged" to the country of the immigrant's birth. But there are sit...

The immigrant visa system puzzles many immigrant families. Confusion often increases when the relationship between the petitioner and the beneficiary changes during the permanent residence process. For instance, take the visa processing situation of a daughter, 21 years or older, of a U.S. citizen, whose petition has been filed and is pending. As she waits for her green card interview, she decides...

Far too often, immigrants give up when their U.S. citizen spouse dies before they win a green card. However, in many situations, a widow can still win permanent residency after their husband or wife passes way. To do so, you would need to file a Widow’s Petition (or Widower’s Petitioner) Here are five requirements you need to know. Recommended Links For More Information: Can I Still Become A Lawfu...

After helping immigrants for over three decades, I’ve been able to notice various traits that separate those who are successful from those who are not. In particular, there are five characteristics which most successful immigrants exemplify. They understand the grass is greener on this side. They miss their families and friends abroad, but they grasp their lives are on the upswing. And they know t...

Fear of Chinese immigrants has long existed in this country. Like many other immigrant groups, they survived by helping each other and being creative. Shortly before and after the passage of the Chinese Exclusion Act of 1882, many Chinese immigrants survived by moving, of all places, to the American South. While there, a political and social alliance between the freed Black slaves and the Chinese...

Many immigrant victims of domestic violence and physical abuse feel trapped in their relationships. They fear that if they report their significant other to law enforcement agencies, they will wind up being deported. The worry that without their partner, no matter how badly they are mistreated and harmed, there is no path to permanent residence. They’re wrong. In particular, two paths protect them...

In recent years, the backlog of immigration court cases has increased to over 1 million. This means clients waiting for judges to decide whether they can continue living in the U.S. lawfully or not are often forced to wait 12, 18, 24 months from one hearing to the next. Despite the claims of immigration reform opponents, the problem is not related simply to the influx of migrants and refugees tryi...

For many years, immigrant advocates have asserted that a grant of Temporary Protected Status is equivalent to an inspection and admission at the border. Not so, said the Supreme Court. Because the equivalence argument failed, TPS beneficiaries lack the eligibility to seek adjustment of their status to permanent residence without leaving the United States. For many immigrants and their advocates, t...

In a policy shift designed to help immigrant victims of crimes, the Biden Administration has implemented new procedures for U Visas. These changes will speed up the granting of temporary work permits while applicants wait for the full process to be completed . . . . a process which often takes up to 27 years for some immigrants. The U Visa program was created to strengthen the law enforcement comm...

There is a lot of noise on the internet from immigration reform advocates who are dissatisfied with the Biden Administration. They assert he has not done enough to meet the needs of immigrants or that he is moving too slow in pushing for reforms. This attitude puzzles me. Having practiced immigration law for over two decades, I’ve learned that progress happens in chunks.  Sometimes slower, so...

Many Americans believe “Immigrants are coming to steal American jobs.” This position is wrong. Yes, it’s true. The vast majority are coming here to earn a sustainable living. This motivation, however, is not the same as “coming here to steal jobs”. They’re coming here, in large part, due to their homeland’s faltering economic conditions. Rather than starve, they pack up their bags, and head to an...

Here’s a part of U.S. history you probably have never heard about. The Chinese – Black alliance in the South from the mid-1860s to the early and mid-1880s.  The alliance began shortly after the Civil War ended, freeing slaves in 1865. It ended soon after the Chinese Exclusion Act was passed in 1882. It’s often said that necessity is the mother of invention. The alliance between freed slaves a...

Growing up, it was socially taboo to discuss race, religion, or politics.  Once I entered college, I realized how counter-productive this prohibition was.  It's not a formula for discussing and resolving our differences on important matters of public policy.   For the good of our nation, we cannot continue to talk past each other.  We need to talk to each other. We need to...

A recent article covered the topic of postings by immigration lawyers on Tik-Tok, a social media sharing platform. Typically, such posts feature an attorney speaking Spanish, dancing to music, or flashing green cards. Some have written captions that say "Get a green card now!" or "Fix your immigration status without leaving". But these are not just social media posts.  These are disguised ads...

Former President George W. Bush, a Republican, called for bipartisan immigration reform. Bush’s stance is a strong contrast to the position embraced by Donald Trump and many current Republic Party officials.  Rather than demonizing immigrants, Bush emphasized the need to restore "the people's confidence in an immigration system that serves both our values and our interests." "How is it that i...

What's a Good Samaritan? For immigration advocates, in a world full of negative news stories about immigrants, it's difficult not to become calloused. But there are good news stories - about good people doing good things for immigrants, refugees, and global migrants. Like Lisa Campbell. A grandmother of six who took a leave of absence for 45 days from work. She intended on doing a short service to...

April 1, 1997. The day that IIRAIRA (the Illegal Immigration Reform and Immigrant Responsibility Act) went into effect. The day we entered the Age of Immigration Darkness. Those of us involved in immigration battles at that time had an inkling what the future held. We knew immigration law was entering unchartered territory. We knew we were in for a long term fight. We have yet to recover. Recommen...

Preparing applications for hardship waivers are some of the most challenging cases that immigration attorneys are called upon to handle. Yet, surprisingly, many immigrants attempt to present their waiver applications alone. Without a lawyer.  In my view, that’s a bad idea. Taking this chance is a huge gamble. Yet, if you take this route, here are eight insights to help you put your best foot...

What’s in a word?  A lot, actually. Especially when it comes to immigration terms. Words matter because of the influence – often subtle, often disguised - they have over our minds. Take the term “Anchor Babies”. The term, in actuality, refers to “birthright citizenship”. If you’re born in the United States, you’re a U.S. citizen. Yet, those who use the term “anchor babies” assert that ch...

The Special Immigrant Visa programs for translators from Afghanistan and Iraq are under scrutiny.   Although these programs are rarely mentioned in the media, the would-be beneficiaries played a crucial role in helping the United States in the war against terrorism.  The programs suffer from bureacratic inefficiencies. The average processing time is over three years. As interpreters...

On March 8, 2021, Venezuelans living in the United States were finally granted Temporary Protected Status. It was long overdue. Following the 2018 election of Nicolas Maduro, a brutal dictator, 5 million Venezuelans fled from their homeland in search of security and stability.   For approximately 320,000 Venezuelans currently in the U.S., the grant of TPS might be the foundation for a ne...