Riverside Immigration Attorney Carlos Batara
Carlos Batara handles green cards, citizenship, and family visas. He specializes in complex deportation defense and immigration appeals.
Immigration attorney Carlos Batara, a Harvard Law School graduate, has helped immigrants from nearly 100 different countries live and work legally in the United States. His law offices handle a wide variety of immigration cases, including family visas, green cards, permanent resident, consular processing, citizenship, naturalization, asylum VAWA, I-601 family unity hardship waivers, TPS, and, hope
🔥Do you know or are you an immigrant woman who has suffered abuse from their intimate partner?
Some immigrants are trapped in an abusive relationship with a person they both love and fear.
It requires taking actions to change and the courage to take those actions.
They worry that without their partner, no matter how badly they are mistreated and harmed, there is no path to permanent residence.
They’re wrong.
Here are two programs, the Violence Against Women Act (VAWA) and the U Visa, that can often help them: https://www.bataraimmigrationlaw.com/domestic-violence-green-card-options
🔥It’s time to stop thinking your case is simple.
Sometimes people who call my office tell my secretary, “I just have a simple question.”
Then they add, “Can I talk to the lawyer. It’ll only take a few seconds.”
That’s the wrong approach to take in your case.
Unless you assume immigration law offers a “one size fits all” formula for all cases.
🔥Love has no ethnic boundaries. It can and does happen anywhere, at any time.
And when the love bug bites, there is no one-size-fits-all formula for immigration success.
In part, the path to permanent residence depends on an immigrant’s pre-matrimony entry and residence history.
Do not let such issues destroy your efforts to be together. Do not minimize the importance of consulting with someone who understands such rules - before taking your first steps forward.
🔥If you have a case at immigration court, you may have to give testimony. You’ll need to answer questions from the government’s attorney and the judge.
For most immigrants, this is a stressful, nerve-wracking experience. But to win the right to remain in the United States, you’ll need to put your best foot forward.
Here are a few tips to help you do your best: https://www.bataraimmigrationlaw.com/testimony-tips-immigration-hearing
13 Tips For Testifying At Your Immigration Court Merits Hearing At Immigration Court You Must Present Evidence And Testify Why You Deserve To Live In The U.S. Here Are 13 Tips To Give Your Best Testimony.
🔥 Singing about remarriages, a popular rock group once crooned the second time around is better than the first.
This is not necessarily the case in the eyes of the U.S. government.
Filing for a green card via a second marriage can prompt extra scrutiny. Besides assessing the legitimacy of the current union, officers sometimes probe the first marriage to determine its authenticity.
Learn about possible hurdles on immigrant second marriages and how you can overcome them. https://www.bataraimmigrationlaw.com/remarriage-green-cards
🔥Do you ever wonder why some people say so many mean things said about immigrants?
And how should you react when they insult those you love?
Despite the hurt caused by such animosity towards newcomers to our country, fighting fire with fire only makes the fire larger and worse.
This brief podcast shares a better solution.
🔥Like Ralph Ellison’s “Invisible Man”, an individual marginalized based on race, culture, or ethnicity by society is essentially excluded and invisible within political and social circles.
It enables anti-family unity deportation and detention policies which keep low priority criminal offenders locked up without the right to bond. It separates families with immigrants who have established deep ties to family, work, and school.
For the future of our nation, the time is ripe to pull back the curtain of marginalization and begin more authentic discussions about immigration reform.
🔥Did you win a green card before you were married for two years? If so, then you were granted conditional permanent residence.
To ensure your marriage was not based on fraud, you will need to file an I-751 petition by your second anniversary. This is known as a Petition to Remove Conditions on Residence.
Here are 10 of the most commonly asked questions about I-751 petitions:
https://www.bataraimmigrationlaw.com/removal-permanent-residence-conditions
10 Facts You Should Know About I-751 Petitions To Remove Conditions Are You Seeking To Remove Conditions On Permanent Residence? Here Are 10 Keys For Success To Know Before Filing Your I-751 Petition.
🔥Folks often call my office and say “I qualify for 245(i)”. When I ask if they know what 245(i) entails, I often get silence.
Essentially, 245i pertains to a concept known as grandfathering.
Here’s one example of how it works.
To learn more, see: https://www.bataraimmigrationlaw.com/grandfathering-ina-245i.
🔥Would you share your last cookie with an immigrant?
Asked what is friend, Cookie Monster of Sesame Street fame once said, “A friend is someone to share last cookie with.”
My dad was a dishwasher, earning minimum wage. Yet, he was always willing to share what little he had - even the cookies he bought for our family with his hard-earned dollars.
For no reason other than it’s good to share.
Imagine if Americans, nationwide, could learn to share with others who have less. Would the world be better for it?
🔥Married couples should never take the government’s suspicion of marital fraud lightly.
No matter how real and authentic their relationship, an adverse finding could affect immigrants many years later.
Even after remarriage to a different spouse, the inference of a previous marital sham may prevent an immigrant spouse from ever becoming a green card holder.
Never trivialize the power of the Marriage Fraud Bar.
https://www.bataraimmigrationlaw.com/deportation-defense-justice-dna
The Battle For Immigration Justice: Why Compassion Matters Immigration Attorney Discusses Why Compassion Is An Essential Weapon In The Arsenal Of Defending Immigrants During Times Of Great Adversity.
Some U.S. citizens and permanent residents think filing the I-130 petition is an easy task without complications. This is a dangerous assumption. It can lead to delay in bringing your loved one to this country, as well as additional fees and costs. Worse, it can lead to denial of your relative's visa. For more insights >>> https://www.bataraimmigrationlaw.com/family-based-visa-attorney
The New York Times recently asked, “Why Do American Grocery Stores Have An Ethnic Aisle?”
At first glance, the question seems simplistic. One might even ask, “What’s the big deal? They’re just grocery aisles.”
But, in actuality, the question reflects issues larger than food aisles. The question reflects a changing country.
The question reflects diversifying taste buds, diversifying food preferences, diversifying cultural influences.
The question speaks to the history of the United States – yesterday, today, and tomorrow.
It was April Fools Day 25 years ago. April 1, 1997. The day IIRAIRA 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 knew Immigration Fools Day was not a one-day prank. But few, if any, of my fellow warriors suspected that 25 years later, minimum rollback would have taken place.
The changes which went into effect that day continue to plague immigrant families today. They reflected the onset of the Congressional War against immigrant due process, a war which persists largely unabated today.
https://www.bataraimmigrationlaw.com/immigration-april-fools-day
April 1, 1997: When The Lights Went Out On Immigration Due Process On April 1, 1997, Immigration Fools Day, IRRAIRA Became The Law Of The Land. The Age Of Immigration Darkness Was Born.
Are You Planning To Immigrate Parents?
In this video, I’ll describe one of the most common mistakes that immigrants and their children make – and that you must avoid in these types of cases.
The requirements to petition your mother or father may seem simple. But appearances, especially in immigration law, can be deceptive.
👉 If you would like to know more, send me a short note here: https://www.carlosbatara.com/submit-immigration-question/
https://immigration-mastermind.captivate.fm/episode/visa-waiver-program-obstacles
Visa Waiver Program: When Love Doesn’t Make A Difference - The Immigration Mastermind Love happens. More often than not, it happens unexpectedly. And for immigrants who have entered the United States under the Visa Waiver Program, unexp...
To my father, my hero, on his special day. https://www.bataraimmigrationlaw.com/my-father-immigrant-success-story
A Tribute To My Father: An Immigrant Success Story San Diego immigration lawyer Carlos Batara shares how his father, born in the Philippines, inspired him to become a Harvard-trained advocate for immigrants.
Immigration Conversation Between Former President George W. Bush, Dirk Nowitzki And Mark Cuban Airs At Dallas Mavericks Game The game on Thursday, May 6, featured a special halftime roundtable discussion that had a decidedly pro-immigration tone.
Batara Immigration Law
When I read that Schumer was one of the architects of the "new" DACA deal, I was reminded about an earlier post I wrote about his role in immigration reform. At that time, I did not get many laughs. Even with resharing this piece, I probably won't get many laughs. That's okay, most of us are also too old to cry. Try this link if the image below does not work: https://www.bataraimmigrationlaw.com/scram-n-jam-immigration-reform.html
Batara Immigration Law
With all the coverage being given to DACA, it seems everyone has forgotten about the possible end of Temporary Protected Status, a humanitarian program which has been in existence for almost 30 years. I'd hate for this program to get axed. So here's my perspective.
Batara Immigration Law
I was asked what I thought about the recent DACA news. Well, we need to get serious about playing defense for the recipients. But we also have a chance to reboot the push for immigration reform. However, we have to grasp the past to not repeat our missteps in the future. (We should not just pick up the pieces where we are at today, and move forward, without rebuilding from the bottom up. Whether immigrants and reformers are up to the challenge is a big question.)
Batara Immigration Law
NO LEMON LAW FOR POLITICAL ELECTIONS. Do you really think Congress will pass a viable replacement for DACA? In crafting such a measure, will they think first about immigrant youth? Or their own political futures? (By the way, isn’t Trump saying the same thing as Obama? To fix immigration, he needs dance partners?) Moreover, by refocusing exclusively on DACA, will the bigger picture – the more significant issue, that of comprehensive and compassionate immigration reform – be placed further on the back burner?
Do you trust the type of replacement program you’ll get from Congress if they rush through a compromise – before elections next year – under the Trump Administration and signed off by Trump?
(By the way, here are some comments on this topic from a post that I wrote a few years back, explaining why more political vigilance and self-sacrifice is needed from the entire immigrant community.)
"Nine months ago, many friends and relatives decided to buy into a politically used vehicle. The name of the vehicle? The Democratic Party. With President Obama leading the way, much like countless other immigrant supporters, they were swept off their feet by grandiose promises of immigration reform in 2013. It didn’t matter that the political past of Obama and the Democrats was at odds with their campaign rhetoric. They were undeterred. The Party’s immigration history had been reworked. Incomplete accessories like DACA and I-601 waivers had been added. A smooth journey to comprehensive reform was proclaimed. Like blind mice, friends, family members, and immigrant advocates conveniently ignored early warning signs that neither party was up to the journey. Mere promises were sufficient to secure their votes. Yet, promises without commitment are not promises at all. Unfortunately, there is no lemon law for political elections."
Are you going to buy into short-term proposals under "the best we can get" mantra once again? Everyone who drinks that lemonade now knows that real solutions require real sacrifices and real commitment. Or will you allow history to repeat itself?
Batara Immigration Law
When I think of all the help that DACA folks - and all immigrants - received from Democrats when they controlled both houses and the presidency, I think about this song. (Remember a smile is just a frown turned upside down.) https://www.youtube.com/watch?v=3GXSHRJYxTQ
How much of today's DACA news should be placed on the Democrats, who, immediately after Obama was elected the first time, did zilch on immigration reform?
ANOTHER TIDBIT REGARDING DACA. (1) You should know that DACA does not mean automatic. deportation. Sure, it exposes recipients to deportation charges. There is still due process. If ICE sends DACA folks to court, each case has be evaluated on the merits. Since DACA folks had to be in the U.S. continuously since June 15, 2007, they have the ten years to qualify for cancellation of removal. They also needed to pass a good moral character check to qualify for DACA. The question for them, in terms of requirements, is "Do they have a qualifying relative?" If they meet these requirements, they have a chance to win their cases at immigration court.
(2) Right now, with immigration court backlogged 500,000 cases, another 500,00 will create a backlog of over 1 million cases. Cases will not move quickly through the immigration court system with such huge numbers. This is the reality check. (3) Cancellation of Removal is only one possibility. Everyone needs to calm down and start planning their individual strategies. Of course, this should be done with experienced immigration counsel. Okay, that's the end of this Tidbit. (Believe me, I am trying to stay away from these discussions until after the President's announcement and we know more about exact details. But these are things I feel some of you need to know.)
ANOTHER TIDBIT REGARDING DACA. (1) You should know that DACA does not mean automatic. deportation. Sure, it exposes recipients to deportation charges. There is still due process. If ICE sends DACA folks to court, each case has be evaluated on the merits. Since DACA folks had to be in the U.S. continuously since June 15, 2007, they have the ten years to qualify for cancellation of removal. They also needed to pass a good moral character check to qualify for DACA. The question for them, in terms of requirements, is "Do they have a qualifying relative?" If they meet these requirements, they have a chance to win their cases at immigration court.
(2) Right now, with immigration court backlogged 500,000 cases, another 500,00 will create a backlog of over 1 million cases. Cases will not move quickly through the immigration court system with such huge numbers. This is the reality check. (3) Cancellation of Removal is only one possibility. Everyone needs to calm down and start planning their individual strategies. Of course, this should be done with experienced immigration counsel. Okay, that's the end of this Tidbit. (Believe me, I am trying to stay away from these discussions until after the President's announcement and we know more about exact details. But these are things I feel some of you need to know.)
Batara Immigration Law
If this is indeed true, we're headed for a bumpy six month ride. I strongly doubt, as I mentioned earlier today, the fight will be over at that time. But stay positive, we must.
OKAY, OKAY, ONE THOUGHT, ONE THOUGHT ONLY ON DACA FOR NOW. But only because one astute person found a commentary of mine from January, just a few days after Trump took office, on the future of DACA under Trump. I was asked if I still agree with the sentiment. I do. Here's the tidbit: (I think the Trump Administration is actively calculating the costs/benefits of terminating DACA. If they are not doing so now, they will in the near future. Trump's folks know a move on DACA will lead to a massive class action suit, similar to those filed when the government tried to minimize the pro-immigrant impact of the amnesty-legalization-SAW legislation of the late 1980s, which took over 10 years to settle. This type of law suit will tie DACA up in court battles for 3 - 10 years. Even so, the DACA folks may never get their DACA status back, if DACA is terminated. But as an aftermath, a few things would likely happen: (1) a settlement is reached between the government and immigrant attorneys; (2) this settlement will be reached after Trump is long gone. (3) As a result, the president at that time may want to offer DACA folks, as part of a settlement, well, maybe, the DREAM Act, or classify DACA as a "legal admission" allowing them to adjust status and become green card holders. In other words, the DACA folks who stay out of trouble may well become legal residents.) (And this was written long before the Ninth Circuit regarding "admission" of TPS folks.)
OKAY, OKAY, ONE THOUGHT, ONE THOUGHT ONLY ON DACA FOR NOW. But only because one astute person found a commentary of mine from January, just a few days after Trump took office, on the future of DACA under Trump. I was asked if I still agree with the sentiment. I do. Here's the tidbit: (I think the Trump Administration is actively calculating the costs/benefits of terminating DACA. If they are not doing so now, they will in the near future. Trump's folks know a move on DACA will lead to a massive class action suit, similar to those filed when the government tried to minimize the pro-immigrant impact of the amnesty-legalization-SAW legislation of the late 1980s, which took over 10 years to settle. This type of law suit will tie DACA up in court battles for 3 - 10 years. Even so, the DACA folks may never get their DACA status back, if DACA is terminated. But as an aftermath, a few things would likely happen: (1) a settlement is reached between the government and immigrant attorneys; (2) this settlement will be reached after Trump is long gone. (3) As a result, the president at that time may want to offer DACA folks, as part of a settlement, well, maybe, the DREAM Act, or classify DACA as a "legal admission" allowing them to adjust status and become green card holders. In other words, the DACA folks who stay out of trouble may well become legal residents.) (And this was written long before the Ninth Circuit regarding "admission" of TPS folks.)
I've been asked to comment on what happens if DACA is terminated. I perceive four different types of termination. So I'll withhold my views until the Trump Administration announces its version.
I've been asked to comment on what happens if DACA is terminated. I perceive four different types of termination. So I'll withhold my views until the Trump Administration announces its version.
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