The Immigration Mastermind

In immigration hardship cases, husbands and wives are asked to predict the future.But how do you prove something that has not happened yet?What will happen to the spouse living alone in the U.S.? What will happen to the kids living without a mother or father they love?In many cases, the best indication of what may happen next is what happened before.Sometimes the person sitting across from me understands what could lie ahead. Not because they have a crystal ball.Rather, because they've traveled a similar road before.Related Podcasts:Episode 177: Visualizing The Hardship Of Spouses After Family SeparationEpisode 125: The Plight Of U.S. Citizen Spouses Of ImmigrantsRecommended Links For More Information:I-601 Hardship Waiver FactorsTaking The Qualifying Relative As You Find Them: The Thin Skull Doctrine In I-601 And I-601A Extreme Hardship Cases

When it comes to immigration cases, I collect pebbles.Unlike many immigration attorneys, I don’t swing for the fences.Sure, if I hit a home run – that is, if I find a truly extraordinary issue, or a set of extraordinary circumstances, I’ll gladly use them to defend my clients.But I will still surround those bigger issues with as many pebbles as I can collect.Related Podcasts:Episode 186: Hardship Is Not A Silver-Spoon TheoryEpisode 26: The Wrong First QuestionRecommended Links For More Information:Beyond the Pain: What Immigration Officers Are Really Asking In Hardship Waiver Cases50 Questions That Decide I-601 & I-601A Waiver Cases: How Officers Evaluate Extreme Hardship

Can you go back who you were once upon a time?Back to the life you were living, before the thing happened that changed you.Before you met the person you love today.Related Podcasts:Episode 217: The Ghost Of Immigration LawEpisode 40: Ditch Robotic Hardship FormulasRecommended Links For More Information:Immigrants Who Believe In Miracles Can Make Them HappenHow To Unlock Hidden Hardships And Win I-601A Waiver Cases (Part 1)

Ralph Waldo Emerson once noted, "Life is a journey, not a destination."He wasn't talking about lawyers. But he could have been.No lawyer ever reaches a point of complete mastery.It is a lifetime pursuit.Related Podcasts:Immigration Karate ChopsImmigration Lawyers: The Good, Bad, And UglyRecommended Links For More Information:Hard Work Pays OffThe Fallacy Of Quick Fixes

"If you'll believe in me," the Unicorn told Alice, "I'll believe in you."Alice understood.Her adventures in Wonderland had taught her that trust was rarely given — it was earned. IIt sounds whimsical. Childlike. Yet beneath those simple words lies a truth for every lawyer-client relationship.Related Podcasts:Why I Fight For ImmigrantsCookies And ImmigrationRecommended Links For More Information:Summer Breaks From Law SchoolReflections Of An Activist Turned Lawyer: Why I Support The Dreamers

There are ghosts in immigration courtrooms.They attend every hearing on hardship.They never speak.They never testify.And yet, judges listen to them anyway.Related Podcasts:Hardship Is Not A Silver Spoon TheoryTowards A Hardship DefinitionRecommended Links For More Information:The BIA Is Wrong About Exceptional And Extremely Unusual Hardship (And How It Destroys Immigration Cases) Hardship Defense At Immigration Court: Three Spectrums Of Severity

It was my first briefcase.It was black. It was made out of wood. It was cheap.I paid $1.99 for it.I bought it at a Thrifty’s – a low cost drug store, located two blocks away from my home.When I carried it, I carried my dreams.Related Podcasts:Thank You, Old FriendA Lawyer And His MotherRecommended Links For More Information:A Tribute To My Father: An American Success StoryThe Battle For Immigration Justice: Why Compassion Matters

The moment we stepped out of court, he started crying.He cried . . . And cried . . . And cried.His wife had just won her immigration case.Related Podcasts:Sports And ImmigrationIf There's A Will, There's A WayRecommended Links For More Information:Meet The Mascogos: Early American Slaves Who Sought Refuge In MexicoA Jamaican Immigration Story Of Family Unity Persistence

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?

Why do so many U.S. citizens fear the impact of immigration reform?Is their opposition based on facts or misconceptions?Since changes to immigration law in 1997, advocates for immigrants have been forced to play defense.  The arguments against reform, however, have remained the same.   Related Podcasts:Episode 188: Guiding Principles For Immigration ReformEpisode 4: Fighting Hate With Hate Is Not The AnswerRecommended Links For More Information:The Insidious Mythology Of Immigration GhettosFour Insights About The Economic Contributions Of Immigrants In The United States

“Who can I immigrate?”This is one of the most common questions that immigration lawyers are asked.The answer depends.Who you can immigrate depends on whether you are a U.S. citizen or a lawful permanent resident.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 The I-130 Immigrant Relative PetitionImmigrant Visa Petitions: The First Step In The Family-Based Green Card Process

Back in my days of political activism, twice per year, I would organize door-to-door voter registration campaigns.Volunteers would carry citizenship pamphlets just in case they knocked on the doors of permanent residents who had not taken the next step to seek naturalization.I did not think we would run into very many of these folks.  To my surprise, I learned countless individuals – though lawful residents – had no desire to be U.S. citizens.Related Podcasts:Episode 153: Renewing Your Green Card: What You Need To KnowEpisode 65: The Truth Of Dual CitizenshipRecommended Links For More Information:Why Permanent Residents Should Become Naturalized CitizensThe Oath Of Citizenship

For nearly three decades, immigrant opponents have focused their attacks on migrants from four countries – Mexico, Guatemala, Honduras, and El Salvador – the four countries closest to the country’s southwest borders.  They assert a border wall is needed.  Doors to entry need to be locked.They fail to realize that the world’s migration flows have changed.Their focus is misplaced.  Their solution is misguided.Related Podcasts:Episode 161: Vinnie The BraveEpisode 55: 71 Million RefugeesRecommended Links For More Information:What You Need To Know About Cambodian Refugee DeportationsWill The U.S. Honor Its Permanent Residence Promises To Iraqi And Afghan Interpreters?

Immigrants who have entered the U.S. without permission or overstayed their visas live everyday with constant worry.They fear being apprehended and deported – before they can obtain permanent resident status.Such immigrants are often vulnerable to deceptive shysters promising them sure-fire solutions.Living in the shadows, it’s tempting for some to listen when they meet someone who says, “I know someone who can help.” Or, “I have a friend inside the Immigration Service.”Related Podcasts: Episode 123: The Immigration Danger Of False FriendsEpisode 81: Immigration Reform And Con ArtistsRecommended Links For More Information:Immigration Fraud Scam: Beware False FriendsGovernment Inside Connection Ploy

When U.S. citizens complain about migration at the southwest borders, most overlook two key factors.  ·       The role of the U.S. in creating conditions which have led to the exodus of persons from various countries.And the role of the U.S. in helping to alleviate such conditions.Related Podcasts:Episode 171: Nine Rings Of Hell For Central American RefugeesEpisode 155: Reverse Brain DrainRecommended Links For More Information:Why The U.S. Must Grasp The Root Causes Of Central American MigrationThe Second Cooler: A Documentary About The Causes Of Southwest Migration To The U.S.

I do not claim to have the complete answer to fixing the U.S. immigration system.  Of course, I have some ideas.    More importantly, however, I know that all systems, to be effective, must be based on a few guiding principles.Immigration law is no different.Related Podcasts:Episode 80: A Lawyer And His MotherEpisode 42: Cookies And ImmigrationRecommended Links For More Information:The Morality Of Comprehensive Immigration Reform At A Public CrossroadsThe Battle For Immigration Justice: Why Compassion Matters

As part of your hardship evidence documents, it is beneficial to collect written statements from persons who have first-hand experiences with your family circumstances. These statements provide the government with greater insights about the close-knit relationship between you, your spouse, your children, and perhaps other close family members.But you do not want to just ask anyone who knows you and your family. Related Podcasts:Episode 128: What To Say To Anti-Immigrant Family MembersEpisode 53: Never Buy The Pessimism Of OthersRecommended Links For More Information:Beware The Role Of Discretion In I-601 Hardship Waiver Decision-MakingPersistence Is Often The Key To Immigration Success

It was the end of a heated battle.It was closing argument.I began.The concept of hardship, your honor, I said, is not a silver spoon theory.  What sufferings a person experiences in life, what contributions they make to this world, is not restricted to a small set of persons with elite titles and work positions.  Related Podcasts:Episode 180: Judicial BulliesEpisode 42: Cookies And ImmigrationRecommended Links For More Information:13 Tips For Testifying At Your Immigration Court Merits HearingHow A Deportation Lawyer Can Help Win Hard Cases At Immigration Court

The conditions of an immigrant’s home country is an important issue in all I-601 and I-601A cases.  Yet, such evidence is often minimized in waiver applications.The result?Many factors, which could make a difference between winning and losing, are missed in the process.  Related Podcasts:Episode 168: The Human Side Of Economic HardshipsEpisode 172: Burden Of Proof: Separation Or RelocationRecommended Links For More Information:Why The U.S. Must Grasp The Root Causes Of Central American MigrationWhat Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Parents?

Immigrants come to the United States for a singular purpose: to live a better life. A different reality often confronts them. Like stepping from a frying pan into a fire, once placed in immigration court proceedings, they come into contact with other individuals, who, trapped in their own personal misery, impose their negative sentiments onto immigrants. Related Podcasts:Episode 20: An Immigration Court Of RudenessEpisode 5: No Handshakes AllowedRecommended Links For More Information:Judicial Bullies In Black Robes: A Critique Of Immigration CourtsA Simple Suggestion To Reform Immigration Bureaucracy

Anti-immigrant folks claim newcomers enter the U.S. to live off the government dole.The fear is embodied in immigration policy.The government does not want soon-to-be green card holders to become public charges relying on government support, such as welfare, food stamps, or Medicaid.Thus, when immigrants seek to win a green card, they must submit an Affidavit of Support.Related Podcasts:Episode 168: The Human Side Of Economic HardshipsEpisode 149: Do Not Fear A Request For EvidenceRecommended Links For More Information:Nine Affidavit Of Support Keys To Permanent Residence SuccessDon’t Make These 8 Marriage Green Card Mistakes

The hardships of U.S. born children (or lawful permanent children) are often the deciding factor in waiver cases.This is true even when the children are non-qualifying relatives in an I-601A matter.It depends, in part, how much a child is close to dependent upon the parent whom is to be removed from that child’s life. This means evidence should be submitted that showcases bits and pieces of the child’s development. Their development, after all, impliedly speaks volumes about their parents. Related Podcasts:Episode 125: The Plight Of U.S. Citizen Spouses Of ImmigrantsEpisode 94: Words Matter: The Political Myth Of Anchor BabiesRecommended Links For More Information:I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver CasesWhat Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Parents?

Do you have a date coming up in Immigration Court? If so, it means you have been served with a Notice To Appear – often referred to an NTA. It means the government has brought charges against you, and is asking the immigration court to deport you from the United States.The Notice To Appear is a short document – usually just two pages.  Don’t be fooled by its apparent simplicity.Related Podcasts:Episode 59: What Is A Master Calendar Hearing?Episode 60: What Is A Merits Hearing?Recommended Links For More Information:Deportation DefenseWhat You Need To Know About Removal Hearings And Trials

The young lawyer stepped tenderly to the podium.  His case was the first to be called on the 8:00 a.m. calendar.He seemed a few months out of law school.As he spoke to the immigration judge, his voice squeaked.  His motion was simple.  He asked for a new hearing date.Waiting my turn, I listened to his presentation.The request seemed reasonable to me.The judge blew a fuse.  Related Podcasts:Episode 59: What Is A Master Calendar Hearing?Episode 20: An Immigration Culture Of RudenessRecommended Links For More Information:13 Tips For Testifying At Your Immigration Court Merits HearingMisery Loves Immigrant Company

There are four separate paths to U.S. citizenship:·        Citizenship through Birth         Citizenship through Acquisition         Citizenship through Derivation        Citizenship through Naturalization Each of these paths has its own set of requirements. Let’s go through them one- by-one. Related Podcasts:Episode 156: The Morales-Santana Citizenship CaseEpisode 65: The Truth About Dual CitizenshipRecommended Links For More Information:Citizenship And Midwives: A Government Witch Hunt?Deported Immigrant Veterans And The Failed Promises Of Military Citizenship

Immigration waiver law limits the evaluation of hardship to the suffering of qualifying relatives.For I-601A cases, there are, at most, three persons who count as qualifying relatives: an immigrant’s spouse, mother, or father.  They must be U.S. citizens or lawful permanent residents.Yet, non-qualifying relatives are often the key to winning I-601 or I-601A waivers.Related Podcasts:Episode 172: Burden Of Proof: Separation Or RelocationEpisode 164: The Power Of Psychological ReportsRecommended Links For More Information:Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver CasesBeware The Role Of Discretion In I-601 Hardship Waiver Decision-Making

One of the quirks about hardship law is that it is the immigrant’s citizen or permanent resident spouse’s hardship that counts - not the immigrant’s hardship.I hear you now. "But, but, but, it's the immigrant’s case."  It is, you're right.  Yet, who is the legal resident, the U.S. citizen?   That doesn't mean other factors will not play a role in shaping the final presentation of evidence.  The case, however, begins and centers on the spouse who is in the U.S. with legal status.Related Podcasts:Episode 168: The Human Side Of Economic HardshipsEpisode 166: Community Service: A Plus Factor For ImmigrantsRecommended Links For More Information:I-601 And I-601A Qualifying Relatives: How To Unlock Hidden Hardships And Win Family Unity Waiver Cases8 Tips For Winning Your I-601 Waiver And Family Unity Hardship Case

A person can enter the U.S., and even be living in the U.S., without having  been legally admitted.If a person has made a lawful entry, this means they have been inspected and authorized to come into the country.  This is deemed a lawful entry.  Parole, on the other hand,  allows immigrants to enter or live in the U.S., as if they have been admitted, for a temporary period, even though they have not made been admitted.  There are three different types of parole.Related Podcasts:Episode 158: Too Little, Too Late: Filipino World War II VeteransEpisode 139: The Unfortunate Roots Of DACARecommended Links For More Information:Grandfathering: How To Win Adjustment Of Status Under INA 245(i)Why U.S. Citizen Spouses Are The Key To immigration Reform

For nearly three decades, many U.S. Citizen spouses have lived in fear of losing their immigrant companions. Even though they can file to sponsor their husbands or wives for permanent residence, there is a major obstacle.  Their spouses entered the country without permission.And Congress has turned a deaf ear to them.Related Podcasts:Episode 125: The Plight Of U.S. Citizen Spouses Of ImmigrantsEpisode 103: 4 Biden Changes That Restore Normality To Immigration Recommended Links For More Information:Why U.S. Citizen Spouses Are The Key To immigration ReformFour Insights About The Contributions Of Immigrants In The United States

Several years ago, I went to immigration court with a client, who, like many others, made a foolish mistake as a young man.  Now, he was in his late 30’s, a much wiser man, who cared deeply about his family.We were expecting a full-blown merits hearing, a full-blown immigration trial.The outcome would turn on the family’s hardship if he were to be deported.Related Podcasts:Episode 42: Cookies And ImmigrationEpisode 21: Trickle Down HateRecommended Links For More Information:The Battle For Immigration Justice: Why Compassion MattersA Tribute To My Father: An Immigrant Success Story

Import voters?Sheesh, come on, Mr. Musk, what does that mean?I know you’re not that short-sighted.So there is only one way to interpret your comment.Related Podcasts:Episode 147: Immigrants As Political FodderEpisode 42: Cookies And ImmigrationRecommended Links For More Information:Immigration Politics And The Future Of Immigration ReformThe Attack On The 14th Amendment And The Myth Of Anchor Babies