The Immigration Mastermind

Phorm Tem, a California resident, was deported in October 2017. In June 2020, he was sworn in as a U.S. citizen. Tem’s story is symbolic of the plight that many Southeast Asian refugees – from Cambodia, Vietnam, and Laos - who fled their countries as young children during the Vietnam War and its aftermath. Except that he is the only Cambodian deportee to overcome his conviction to win naturalizati...

Proving hardship is crucial to winning so many immigration cases. Yet, so many immigrants fall short. This does not need to be your fate. By helping thousands of clients, I’ve learned a few things about how to demonstrate hardship. And one thing I’ve learned is that, no matter the standard, the same kinds of evidence is required in all hardship cases. Of course, not the same evidence will be shown...

In our last discussion, discussed that immigration hardship can be viewed as suffering. We also found out that different kinds of cases use different kinds of hardship. Today, we’ll unravel that a bit more. Family unity waivers, also known as I-601 waivers, require evidence of extreme hardship. Cancellation of removal cases require evidence of exceptional and extremely unusual hardship. What's the...

What is hardship? The term is used in many contexts, in all sorts of immigration cases. It’s easy to grasp - yet not so easy to explain. In short, it’s the suffering by those close to you. NOT everyone, of course. Instead, when you’re presenting evidence of hardship to those closest to you, the law limits your presentation to certain family members. So what types of cases impose a hardship require...

I hear the same misguided comment over and over from clients who visit my office. “We were told to get married and my wife will have no problems becoming a permanent resident.” On the one hand, it is true that marriage is one of the quickest routes to winning a green card. On the other, marriage, alone, does not guarantee immigration success. There are several potential stumbling blocks you have t...

The government recently announced plan to increase the filing fees for immigration applications. Whenever the government such hikes, a massive outcry follows. Pundits complain how the dreams of individuals aspiring to the American Dream will be destroyed.    I understand their concerns. Higher fees WILL delay the process of winning green card status. But the increase fees need not c...

During college at the University of Southern California, Mahmoud and Minoo, two students from Iran, were my best friends. This type of international camaraderie could be nearing an end. Various members of Congress want to ban foreign students from certain countries, like Iran, from ever attending U.S. colleges. Such action, presumably, is fueled by anti-terrrorism zeal. Yet, at its core, the war a...

Given the backlog and chaos at immigration court, deportation defense lawyers are essential to success. Yet, nearly 2/3 of immigrants go to immigration court alone. And 92% of them require an interpreter. That’s a recipe for disaster. Crowded courts, rushed judges, immigrants who cannot speak English fluently. The vast majority of immigrants are incapable of navigating the immigration court system...

Immigration courts are backlogged about one million cases. There are about 440 immigration judges. This means the courts are backlogged several years. To reduce such numbers, the Department of Justice set a quota of 700 completed cases per year for immigration judges. The Associated Press recently sent reporters to immigration courts to find out how well the system functions.  They found ever...

The government has stopped printing permanent resident cards and employment authorization documents.   At last count, 50,000 green cards and 75,000 work permits for immigrants - who completed all the steps required for such documents – have not been printed.  And there are no indications when or how USCIS plans to reduce this backlog. So what should those affected by this abrupt pol...

According to government statements, 15 million visa seekers from abroad will be affected by the newly intensified USCIS social media monitoring policy. Immigration officials are now asking for an immigrant applicant's most previous five years of social media history. However, this does NOT mean their review will be restricted to five years.   So if you ever plan to trying to win permanen...

Many iImmigrants seeking permanent resident benefits who are active on social media channels often poison their applications long before they ever file for immigration benefits. The basic problem is simple. Many folks dramatize. They exaggerate. They fudge. In the quest for attention and popularity, they put up false fronts. Recommended Links For More Information: The USCIS Fraud Checklist: Green...

What’s in your social media profiles? And can it hurt your immigration case? New social media rules implemented by the government, postings on platforms like Facebook, Twitter, Instagram can have a negative effect on your immigration case. Sometimes such an outcome might even arise because you say too little. Recommended Links For More Information: Green Card Applicants Beware: The Danger Of USCIS...

On December 20, 2019, the Liberian Refugee Immigration Fairness program was signed into law. It grants Liberian immigrants who have been present in the United States since November 20, 2014 – as well as their spouses and unmarried children – a path to permanent resident status. There is a one year window. Green card seekers under LRIF must apply by December 20, 2020. Yet, with less than a 1/2 year...

For many immigrants, the quest to live legally in the United States is like a roller coaster ride.  One year, positive changes seem just around the corner. The next year, permanent residence appears to be out of reach.  This causes some Immigrants to pounce on the latest media sound bites for programs that sound positive. True immigration reform, however, will not be a one-day Black Frid...

Sometimes, the first thing that potential clients want to know when they call is “How much does the attorney charge?”  That’s the wrong thing to focus on. The problem is you don’t know what you don’t know. Your initial inquiry should be, “Can I schedule a meeting to find out what I need to do for me, my family, and children to live together legally in the United States?” Recommended Links For...

Immigration Judges are suing their employer, the Department of Justice. Over a new muzzle policy. The policy prohibits immigration judges to speak or write publicly in their personal capacities – no matter the topic, audience, or venue. Violation could lead to reprimand, suspension, or removal from federal employment. This censorship does not sit well with immigration judges, against whom the Just...

Is America still committed to the ideal that we are a nation of immigrants? Then why does USCIS, the agency that oversees legal immigration, feel slighted by the administration and Congress? Faced with a 2020 income shorfall, the ageny has been forced to start issuing furlough notices to over 13,400 employees. That's over 60% of their entire work force. Yet, neither the administration nor Con...

Just say to notarios. This does not mean that there are not any good, well-meaning, and competent notarios. In fact, I know a few. What it does mean is that good notarios know when they are over their head. Because immigration law is one of the most complicated areas of law, changing like the four seasons, few, if any, notarios have the training to properly analyze an immigrant’s case. Recommended...

Immigration reform is not just an issue for immigrants from Hispanic countries. For instance, there are nearly 50,000 Irish immigrants currently living in the United States without lawful permission. Most entered lawfully. But the vast majority face “locked-in syndrome.” Having overstayed their visas, if they go back to their homeland, they will not be able to return the U.S.  Recommended Lin...

Is the intense dislike of immigrants by some individuals an intrinsic trait? One which they inherit at birth? Or is it a learned behavior? I was talking to a colleague, who shared a recent story about one of his clients' children. Other kids at the school learned his father did not have immigration status. They surrounded him and started yelling, "Build that wall. Build that wall. Build that wall....

There is a culture of rudeness which exists at some immigration offices.   Filing window clerks who fling papers at clients and attorneys. Security guards who treat visitors as if they are enemy terrorist suspects. Detention officers who place callers on hold for 20 minutes before asking their names. Nor are immigration judges and government attorneys exempt from this epidemic. So what's...

At his brother Robert’s funeral, Ted Kennedy described how Robert viewed life. “There are those who look at things the way they are, and ask why. I dream of things that never were, and ask why not?” Those words have never stopped ringing in my ears. They represent an unspoken bond between my clients and me. Recommended Links For More Information: Dare To Dream Of Things That Never Were - And...

Over the past two decades, immigration laws have become stiffer, procedures have been tightened up, and officers are stricter. In other words, just about everything is harder. Some categories of cases, previously straight-forward, are now complex. And, of course, hard cases are even harder. Yet, there are many immigrants who proceed under the view that so long as they fill out a few forms correctl...

The interview for winning permanent residence status is one of the most important interviews of your life. Your opportunity to live, work, or go to school in the United States is on the line. Your dreams of raising a family, buying a home, and being with a person you love depends on a favorable decision. To enhance your chance for success, you must be ready to answer a wide range of questions. Her...