The Immigration Mastermind

Clients often ask “Do I really need a lawyer to handle my case?”Here’s the truth.  It depends.Some immigration cases are easier than others.Run-of-the-mill family visas petition or citizenship application matters are not as tough as a deportation defense case at immigration court.But are any cases truly run-of-the-mill?In other words, are run-of-the-mill cases problem-free?And supposing your case is run-of-the-mill, are you equipped to handle it?Related Podcasts:Episode 27: Immigration Success Is Not A Sprint Episode 26: The Wrong First Question: Recommended Links For More Information:How A Deportation Lawyer Can Help Win Hard Cases At Immigration CourtEOIR Motions To Reopen vs Motions To Reconsider: A Second Chance To Win At Immigration Court

“If destruction be our lot”, Abraham Lincoln once noted, “we must ourselves be its author and finisher.” That was 187 years ago.Many things have changed in the United States since that time.  But not the destructive power of racism.Related Podcasts:Episode 204: When Was America Great (For Immigrants)? Episode 157: Divide And Conquer Recommended Links For More Information:The Anti-Immigrant Propaganda WarThe Battle To Correct False Labels About Immigrants

Immigration law, at times, reminds me of the classic Western, “The Good, The Bad, And The Ugly.” The Good, played by Clint Eastwood, is a subdued yet confident bounty hunter, ready to dive into battle.  The Bad is a ruthless and unfeeling mercenary who always finishes a job he is paid for.  The Ugly is a fast-talking bandit, who has committed a long list of crimes.  Similarly, there are good lawyers, bad lawyers, and outright scammers.  Related Podcasts:Episode 123: The Immigration Danger Of False Friends Episode 89: Beware Misleading U Visa Advertising Recommended Links For More Information:If You’re Looking For Green Card Help: Beware Immigration FraudJust Say No To Notarios

I still remember my first immigration trial.I worked hard to cover every angle in advance. At the end of the hearing, the judge threw a curve at me. In his view, my client could not prove good moral character. Being a new attorney, I was startled and afraid I had not prepared adequately.  Related Podcasts:Episode 137: Sports And Immigration Episode 84: 7 Tips For Resilience Recommended Links For More Information:Why Thoroughness Should Not Be A Mere Afterthought In ConsultationsHow Much Do You Charge For Immigration Services?

I subscribe to chaos.More precisely,  I subscribe to chaos theory as a time management philosophy. Because chaos is inevitable, chaos theory teaches it is a force that should be accounted for in our daily lives.Related Podcasts:Episode 142: How A Virtual Immigration Lawyer Helps ClientsEpisode 53: Never Buy The Pessimism Of OthersRecommended Links For More Information:The Battle For Immigration Justice: Why Compassion MattersThe Fallacy Of Quick Immigration Fixes

I am not a fan of hardship letters.In a previous episode, I outlined my opposition.  However, I realize some folks, seeking I-601 waivers, will proceed forward anyway.As a result, I will discuss the six most common hardship issues discussed in government websites.On two conditions.  That you agree to call, minimally, what you write “a Hardship Statement”.  Not a Hardship Letter.  That you agree to develop strong evidence to support each of the issues discussed in your Hardship Statement. Related Podcasts:Episode 208: Why I Do Not Write Hardship LettersEpisode 40: Ditch Robotic Hardship FormulasRecommended Links For More Information:I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver CasesImmigrants Without Lawyers: Five Common Pro Per Mistakes

Immigrants and their spouses often call my office for help with writing their hardship letter.  Usually, the request is related to an I-601A waiver application.To most callers, the request seems simple.  But in my view, this type of request spells potential danger.In fact, most persons who make such requests view the letter as a mere 3-4-5 page document.  After all, that’s a letter, right?Related Podcasts:Episode 40: Ditch Robotic Hardship FormulasEpisode 23: Say No To NotariosRecommended Links For More Information:An Immigration Fable: The Tortoise And The HareThe Fallacy Of Quick Immigration Fixes

The only fear we have to fear, once said Franklin Delano Roosevelt, our country’s 32nd president, is fear itself.His comment, though often quoted, is quite frequently not followed.   This is true of many immigrants whom I met, after they lost their dreams of living in the United States legally.Due to their fears.They lost because they failed to go forward.  To take a leap of faith and believe victory was possible.  Related Podcasts:Episode 16: The Brave Man Is Not Without FearEpisode 23: Say No To NotariosRecommended Links For More Information:Dare To Dream Of Things That Never Were – And Ask “Why Not?”The Fallacy Of Quick Immigration Fixes

Many folks decide to handle immigration cases on their own. That’s understandable.It is rarely prudent.Over the years, I’ve seen the outcome for countless individuals who decided to represent themselves.Many submit their paperwork, and months later, they go to an interview at the local U.S. Citizenship and Immigration Services office, anticipating a green card. They returned home deflated, often clueless why their applications were rejected.Related Podcasts:Episode 73: Why Entries And Exits Can Make Or Break Your CaseEpisode 36: The Myth Of Unaffordable FeesRecommended Links For More Information:Why Thoroughness Should Not Be A Mere Afterthought In ConsultationsThe Impact Of Avoidable Actions: Small Mistakes, Huge Consequences

Even though I am a pro-immigrant attorney, I’m willing to admit that some immigrants commit bad acts.It bothers me, as a matter of policy, when colleagues portray immigrants as quasi-angels. Such an approach harms immigrants in the long run.Like U.S. citizens, most immigrants are good, honest, hard-working people.  Unfortunately, not all. However, immigrant opponents commit a bigger wrong when they try to claim the majority of newcomers are criminals, thieves, and violent individuals.  Related Podcasts:Episode 150: Immigrant SeniorsEpisode 80. A Lawyer And His MotherRecommended Links For More Information:The Battle For Immigration Justice: Why Compassion MattersA Tribute To My Father: An Immigrant Success Story

The Make America Great Again folks, known as MAGA, have it all wrong.What they consider a great America, I recall being a overly discriminatory county.One in which my parents, my family, and my neighbors were deemed second-class human beings. In large part, because of their immigrant roots.A return to those days is a step backwards.Related Podcasts:Episode 94: Words Matter: The Political Myth Of Anchor BabiesEpisode 147: Immigrants As Political FodderRecommended Links For More Information:The Anti-Immigrant Propaganda WarLessons From 1965: Why Skills-Based Reform Is Xenophobia In Disguise

The first step in the green card process, completing the initial petition for an immigrant relative, seems simple.  After all, the petition – called an I-130 petition -looks simple.  Nonetheless, devastating problems can result if actions related to the form is not handled in a conscientious manner. Related Podcasts:Episode 143: Upgrading I-130 Petitions For Immigrant Spouses: Tips And PitfallsEpisode 37: Is Your Marriage Bona Fide?Recommended Links For More Information:The Impact Of Avoidable Actions: Small Mistakes, Huge ConsequencesJust Say No To Notarios

In our previous episode, we discussed motions to reopen.More specifically, we talked about challenging a negative USCIS decision based on a factual-based opposition.  Today, we’ll explore a challenge based on a legal issue.  This is called a motion to reconsider.A motion to reconsider asks that the decision be reexamined based on the improper disregard or misinterpretation of applicable law.Related Podcasts:Episode 37: Is Your Marriage Bona Fide?Episode 86: Perilous Road To Green Cards Through Second MarriagesRecommended Links For More Information:What Happens If Your Marriage Green Card Is Denied By USCIS?USCIS Motions to Reopen vs Motion to Reconsider: How To Win A Green Card After Denial    Sec

Many couples begin the permanent residence process by taking it too lightly.  They get married.  They file an application for permanent residence.  They go to an interview.  They think that’s it.  In short, they believe that because getting a green card through a marriage is perhaps the easiest way to get a green card – coupled with the fact their marriage is legitimate - victory is guaranteed.Wrong.Sometimes the negative decision is based on a government miscue.Can the decision be challenged?Related Podcasts:Episode 162: What's In The USCIS Green Card Checklist?Episode 154: Two USCIS Warnings: NOIDS vs RFEsRecommended Links For More Information:What Happens If Your Marriage Green Card Is Denied By USCIS?USCIS Motions to Reopen vs Motion to Reconsider: How To Win A Green Card After Denial

Are you a permanent resident, but your status is conditional?If this is your situation, then you’re required to file a petition to remove the conditions. This is a petition which you and your U.S. citizen spouse are supposed to file jointly.But what happens if the two of you have to decided to go your own ways?Does this mean you’re going to lose your green card status?Related Podcasts:Episode 132: Green Card Tips For Couples Before MarriageEpisode 37: Is Your Marriage Bona Fide?Recommended Links For More Information:Immigrant Spouses And K-1 Fiancées: The Danger Of Abandonment And Separation10 Facts You Should Know About I-751 Petitions To Remove Conditions

Do you have a hearing coming up in Immigration Court?Are you worried about how to answer questions you’re asked?Want insights on how to put your best foot forward?Here are seven tips on how to give your best testimony at Immigration Court.Related Podcasts:Episode 181: What Is The Notice To Appear?Episode 60: What Is A Merits Hearing?Recommended Links For More Information:The Six Roles Of Your Deportation LawyerImmigration Court: Deportation Defense

It’s no secret.  The U.S. immigration system needs repair.But how you ask?Well, actually, a few simple ideas could greatly improve the process for family-sponsored green card applicants.Here are five small changes that would (a) reduce how many immigrants are waiting for interviews and (b) how long they need to wait before the big day occurs. Related Podcasts:Episode 188: Guiding Principles For Immigration ReformEpisode 68: Why A Border Wall Is Not The AnswerRecommended Links For More Information:Renewing The Battle For The Reuniting Families ActTrapped In The Politics Of The 1960s: Immigrant Relative Visas

Today, I’d like to discuss priority dates, one of the most significant concepts in green card cases.It’s one of those terms many immigrants have heard, but do not really understand what it means or how It works.Yet, when an immigrant reaches his or her priority date, it marks a major milestone for them, bringing their dreams and hopes one big step closer to becoming reality.Related Podcasts:Episode 143: Upgrading I-130 Petitions For Immigrant Spouses: Tips And PitfallsEpisode 111: What Does Conversion Of Immigrant Petitions Mean?Recommended Links For More Information:How To Understand Visa Preference Categories: Green Cards From AbroadDown The Green Card Rabbit Hole: A Journey To The Back Of The Line

United States citizenship.It’s the final frontier of U.S. immigration law.And for immigrants who naturalize, the last step of the immigration process takes place when he or she takes the Oath of Allegiance at their naturalization ceremony.  The name, alone, tells the main purposes of such a recital at the moment one becomes a U.S. citizen. Related Podcasts:Episode 192: Citizenship vs Permanent Residence: The DifferencesEpisode 65: The Truth About Dual CitizenshipRecommended Links For More Information:The Oath Of CitizenshipWomen Stripped Of U.S. Citizenship Because Of Marriages To Immigrants

It’s a terrible law.Imagine you’re a virtual assistant – who works from home – from a country outside the United States.You visit a cousin in the United States.  You enter on a tourist visa.While, you’re here, you turn on your laptop, and you do some work for a client who lives in England, Canada, or Singapore. Once you turned on your computer to help one of your clients, you’re deemed to be in violation of your visa.And this could lead to a finding of being inadmissible, several years later, even as the spouse of a U.S. citizen.Related Podcasts:Episode 102: Immigrants Do Not Come To America To Steal JobsEpisode 73: Why Entries And Exis Can Make Or Break Your CaseRecommended Links For More Information:Four Insights About The Economic Contributions Of Immigrants In The United StatesCan A Tourist Visa Overstay Win Permanent Residency?