The Immigration Mastermind

The United States citizenship test has changed again. For the second time in four months. The changes reflect our nation’s political confusion towards immigrants and immigration issues.  And perhaps worse, the first set of changes demonstrate how government policies can manipulate and hinder the ability of immigrants to legally win lawful status. Are we a nation that cares whether the pu...

It was my last day at law school. My educational journey was coming to an end. Before embarking on a new adventure, I had one last piece of business to attend to. I had to thank some unsung heroes, the type of workers without whom America would never survive. Recommended Links For More Information: A Tribute To My Father: An Immigrant Success Story Summer Breaks From Law School

A little knowledge can be a dangerous thing.  Especially when it comes to immigration law. And programs like the U Visa. Worthy programs that offer a tightly controlled path to permanent residence . . . but are subjected to less-than-honest promotion schemes as a simplistic road to green card heaven.  President Biden has called for an increase of V visas grants per year. Sadly, if this l...

Immigration law has many quirky rules.  In some cases, this is because laws and customs in other countries do not match up with laws and customs in the United States.  Take Polygamy.  Based on religious and cultural beliefs, Polygamy is a custom that has been practiced in over 81% of societies across the world.   Yet, immigration law treats Polygamy the same as Bigamy, the...

immigrant advocates are optimistic about the chances for immigration reform under the Biden Administration. The biggest obstacle to success may be the government's ability to curtail the activity of smugglers - and to win the propaganda war against smuggling rings. Already, migrants from Central America are being fed misleading information about how they will soon be allowed to enter the United St...

In general, obtaining permanent residence through marriage is one of the easier paths to winning a green card. The same cannot be said about winning lawful residency status via a second (or third) marriage. There are two remarriage situations which the government views with extra scrutiny. In the first, the immigrant spouse was granted a green card via her first marriage.  Now she seeks...

Immigration opponents criticize nearly most, if not all, programs that help immigrants in the United States - no matter the reasons supporting them. Like Temporary Protected Status (TPS) for Syrians. When Syrian immigrants were granted an extension of their TPS status for 18 months until September 2022, the boo birds quickly pounced on the announcement. Their arguments, as usual, asserted the exte...

The other night, I decided to listen to a few TED Talks. One of my college buddies was speaking. He discussed how our internal voice can lead us to give up too soon and not reach our full potential. Many immigrants need resilience in order to succeed. Here are 7 tips to improve your ability to survive life's hard knocks. Recommended Links For More Information: Dare To Dream Of Things That Nev...

It was my first trial out of state. It lasted over two weeks. When it ended, I felt our plan had been executed almost flawlessly.   We lost. I had assumed strong logic, coupled with well-organized evidence, would always win the day. Recommended Links For More Information: Why Thoroughness Should Not Be A Mere Afterthought In Consultations Immigrants Who Believe In Miracles Can Make Them...

I handle a lot of immigration appeals.  That means I’m called in after an immigrant loses a case. I’m asked to find a way to get the person a second chance. To say the least, it’s intellectually challenging. It's also taxing on one's soul and spirit, knowing the consequences for devising a winning argument are so grave. Recommended Links For More Information: Immigration Appeals: Don't G...

Our new president is promising the creation of new paths to permanent residence and citizenship. Unfortunately, this means immigrant sympathizers must get ready for warfare against immigration fraud. For each time the mere hint of a new immigration program arises, deceitful con artists spring into action. New immigration offices will start to pop up. Sadly, some of these will be outposts for scam...

On the evening I returned home from law school, my mom held a surprise party for me.   Friends from elementary school, middle school, and high school showed up, along with some college buddies.  I made a solemn promise to my mother that evening. To this day, it’s the key to my immigration practice. Recommended Links For More Information: The Battle For Immigration Justice: Why Compa...

In recent years, more and more immigration judges are being appointed who lack any any experience in immigration law. This is one more sign that the immigration legal system is in turmoil. This problem goes back to the passage of IIRAIRA, the Illegal Immigration Reform And Immigration Responsibility Act. An extremely harsh law, the net effect has to been to increase the immigration court system be...

January is Human Trafficking Awareness Month. What can you do to help this battle against modern day slavery? Become more self-aware of the problem. Learn how to spot its signs.   And share this information with your friends, family members, co-workers, and acquaintances.  Here are two organizations to help you get started: The Coalition To Abolish Slavery and Hope For Justice...

When you prepare your hardship application, you don't want to exaggerate your suffering. But you also do want to understate your case. Create a list of the different factors of hardship in your life. Label them as either a discomfort or a disaster. For those in the discomfort category, is there evidence you're missing? For those in the disaster category, are you sure you have adequate proof? Recom...

Do your closest family members, friends, and co-workers even know you have an immigration case?  If not, you may be missing out on a ton of good evidence. Individuals who know you well, who can testify about your tight bonds and influence with your wife and children, may make the different between winning your hardship waiver or losing it. Recommended Links For More Information: 8 Tips For Wi...

After war, participants often seek refuge in far-away lands. Some take on new identities, hiding their roles in carrying out war crimes. Many become residents of their adopted countries and lead normal lives in new communities. The United States is not immune to such subterfuge. War criminals from a wide range of countries have slipped through immigration safeguards and acquired U.S. citizenship....

U.S. immigration law has many policy potholes. Citizenship rules for adopted immigrant children is one such chasm.  Brought here as youngsters, thousands end up as persons without a country to call home. They grow up believing they are American citizens.  Only to find out, years later, when they're adults, that they lack valid immigration status. They're vulnerable to being deported to a...

Before taking a case, I ask questions, sometimes a lot of questions, about the immigrant’s entries to and exits from the United States.   Some prospective clients get antsy, and say, “I just want to know if I qualify for permanent residence. Why do you need to know all that information?” My response? “To do exactly that – To figure out what, if any, paths to legalization exist for y...

What’s in your immigration file? If you don’t know, you should not file for permanent residence.   Too many times cases are lost - at the outset – cases that with the proper pre-filing research, stood a good chance of being won. The truth is this. There are immigrants for whom caution is warranted. If you have any immigration history, your records can help you avoid unnecessary risks and...

For purposed of an I-601 waiver, your children are not qualifying relatives. But they are critically important to your case. And, of course, talking about your children’s school awards is fun. But what about families where the children don’t have any such certificates? Recommended Links For More Information: 8 Tips For Winning Your Hardship Waiver I-601 Qualifying Relatives: How To Win Family Unit...

Many experts will tell you community activities of the immigrant are not important to whether a hardship waiver is granted or denied. They’re wrong, flat out wrong. Although such contributions are not direct factors of hardship, they can and do make a difference. In fact, it's one of the best ways to distinguish your application from those of other immigrant families. Recommended Links For More In...

Want a really quick tip how to improve your 601 hardship waiver application? The number one issue I hear when people talk about 601 waivers is economic concerns. Courts have said economic concerns, per se, are insufficient to prove hardship. Does this mean such evidence is worthless? Recommended Links For More Information: The New I-601 Hardship Waiver Guidelines The Power Of Discretion In I-601 W...

When the public thinks about illegal immigration, their foremost image is someone who entered the U.S. undetected through the mountains.  This view, fueled by the media, is misplaced.  Based on this false impression, many immigration restrictionists call for a border wall.  Yet, a border wall is not the answer for reducing the number of undocumented immigrants living to the United S...

Immigration reform has been called the third rail of national politics. An issue so controversial that any public official who dares to broach the subject will invariably suffer politically.  If that’s the case, we can never reach a national truce.   I disagree strongly with that position. I believe a rational middle ground can be found and put into action.   Recommended L...