Hardship Is Not A Silver-Spoon Theory
The Immigration Mastermind
by Carlos Batara
5d ago
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 Bullies Episode 42: Cookies And Immigration Recommended Links For More Information: 13 Tips For Testifying At Your Immigration Court Merits Hearing How A Deportation Lawyer Can Help Win Hard Cases At Immigration Court ..read more
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Country Conditions: How To Assess The Difficulties Of Adjustment
The Immigration Mastermind
by Carlos Batara
1w ago
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 Hardships Episode 172: Burden Of Proof: Separation Or Relocation Recommended Links For More Information: Why The U.S. Must Grasp The Root Causes Of Central American Migration What Happens To U.S. Citizen Children Forced To Relocate With Deported Immigrant Pa ..read more
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Immigration Court: A House Of Misery
The Immigration Mastermind
by Carlos Batara
1w ago
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 Rudeness Episode 5: No Handshakes Allowed Recommended Links For More Information: Judicial Bullies In Black Robes: A Critique Of Immigration Courts A Simple Suggestion To Reform Immigration ..read more
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Affidavit of Support Tips You Should Know
The Immigration Mastermind
by Carlos Batara
2w ago
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 Hardships Episode 149: Do Not Fear A Request For Evidence Recommended Links For More Information: Nine Affidavit Of Support Keys To Permanent Residence Success Don’t ..read more
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The I-601 Hardships Of Children: Why Active Parenting Is Crucial
The Immigration Mastermind
by Carlos Batara
2w ago
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 Immigrants Episode 94: Words Matte ..read more
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What Is The Notice To Appear?
The Immigration Mastermind
by Carlos Batara
3w ago
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 Defense What You Need To Know About Removal Hearings And ..read more
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Judicial Bullies
The Immigration Mastermind
by Carlos Batara
3w ago
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 Rudeness Recommended Links For More Information: 13 Tips For Testifying At Your Immigration Cour ..read more
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Four Paths To Citizenship
The Immigration Mastermind
by Carlos Batara
1M ago
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 Case Episode 65: The Truth About Dual Citizenship Recommended Links Fo ..read more
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Indirect Hardships: A Back Door To Waiver Success
The Immigration Mastermind
by Carlos Batara
1M ago
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 Relocation Episode 164: The Power Of Psychological Reports Recommended Links For More Information: Qualifying Relatives: How To Unlock Hidden Hardships And Win Fa ..read more
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Visualizing The Hardship Of Spouses After Family Separation
The Immigration Mastermind
by Carlos Batara
1M ago
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 Hardships Episode 166: Com ..read more
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