San Bernardino Immigration Law
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San Bernardino Immigration Law
Indispensable Immigration Information For Adelanto, Apple Valley, Barstow, Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Hesperia, Highland, Joshua Tree, Loma Linda, Montclair, Needles, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Twenty Nine Palms, Upland, Victorville, Yucaipa, and Yucca Valley. https://www.bataraimmigrationlaw.com/san-bernardino-immigration-lawyer.html
Curated by Carlos Batara
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A Brief Update On Temporary Protected Status: Who Is Still In, Who Is Out?  

A Brief Update On Temporary Protected Status: Who Is Still In, Who Is Out?   | San Bernardino Immigration Law | Scoop.it

At the end of October, Secretary of State Rex Tillerson sent a letter to DHS arguing that conditions in Central America and Haiti no longer justify protection from deportation. It’s true that the situation in Central America following hurricane Mitch has improved. But there are other conditions that many argue still merit attention.

Carlos Batara's insight:

 

A few months ago, in How TPS Beneficiaries Can Win Permanent Residence (Even If TPS Expires), I shared the fears of various immigrant communities that the Temporary Protected Status program was nearing an end.

 

The most likely countries to be cut from TPS protections seemed to be Haiti, Honduras, and El Salvador (which also happen to be the largest TPS contingents.)

 

Well, Haitians have been given the red light. 

 

A decision on Honduras TPS has been delayed for another six months,  This is the same prelude to goodbye given to Haiti.  Most likely, Honduras is still on the chopping block.

 

And El Salvador?  Any day we'll hear more.

 

This article, TPS: What It Is And How It's Changing, shares two important concerns not addressed by the current administration.

 

First, are the home countries prepared for the return of former TPS beneficiaries?

 

Second, what has been the response of the home countries to the forced return of their sons and daughters?

 

To read the full article, go here:  https://www.csmonitor.com/USA/2017/1212/TPS-What-it-is-and-how-it-s-changing

 

 

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Who's In? Who's Out? Public Funding For Deportation Defense.

Who's In? Who's Out? Public Funding For Deportation Defense. | San Bernardino Immigration Law | Scoop.it
Los Angeles County supervisors voted 4-1 to contribute $3 million over the next two years to a fund that will combine county, city, and philanthropic money to cover legal costs for immigrants facing deporation. But those convicted of violent felonies will be excluded from the county money.
Carlos Batara's insight:

 

The issue of public funding for the defense of immigrants has brought forth two issues:

 

1.  Who should be covered?  Should funds be reserved for undocumented immigrants with no criminal convictions, minor convictions, major convictions?

 

2.  Should any public funds, whatsoever, be expended on immigrants without any legal status?

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An African Trade Summit But No African Citizens Granted Travel Visas To Attend

An African Trade Summit But No African Citizens Granted Travel Visas To Attend | San Bernardino Immigration Law | Scoop.it
Every single African citizen who requested a visa was rejected, according to the organizer of the African Global Economic and Development Summit
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Six Success Tips For Your Marriage-Based Green Card Interview

http://www.bataraimmigrationlaw.com In this video, Riverside immigration attorney Carlos Batara shares six tips to help immigrant spouses put their bes
Carlos Batara's insight:

 

Oddly, when I go to USCIS interviews with my clients, I notice that the majority of folks there for their interviews do not appear ready for their big moment.

 

They hardly dress up.  In my view, they should dress as if they are going to a job interview, or a special event with a special person in their lives.

 

I see a lot of individuals with no files, no materials, no documents.

 

Anyway, these reflections led me to create this video about six practical, common sense tips for anyone going to a permanent residence interview with immigration officers.

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Good And Bad Everywhere, Not Just Immigrants

Good And Bad Everywhere, Not Just Immigrants | San Bernardino Immigration Law | Scoop.it
Let us consider how a strong immigration and refugee policy will strengthen America and prevent terror attacks on U.S. soil. First, we need to answe
Carlos Batara's insight:

 

Growing up an ethnic minority in the United States, one learns about good and bad - perhaps more quickly and accurately than those from majority enclaves.

 

Why?  Ethnic minorities are often portrayed as the bad guys.  Yet, we know we're not bad - not as an entire group.

 

Some might act out of control and for less-than-desirable reasons.  But isn't that true of all communities, majority included?

 

 

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A Long, And Often Ugly, Road To The American Dream For An Ex-Mail Order Bride

A Long, And Often Ugly, Road To The American Dream For An Ex-Mail Order Bride | San Bernardino Immigration Law | Scoop.it
SAN FRANCISCO – Fog rolls in on a cool summer evening as the sun sets over the North Beach district. The golden light of the dying day caresses the buildings as night approaches on Broadway,
Carlos Batara's insight:

 

The story of United States immigration is a complicated tale of individuals, from places across the globe, coming to America in many different ways, for varying purposes - a tale which is often sad and ugly.

 

This article shares the story of Francesca Valdez, today a entrepreneur in San Francisco.  

 

Valdez's tale began as a nightmare: $20 cash, cleaning supplies, and a gun to her head.”

 

She came to the United States in 1974 at 20 as a mail-order bride at the height of martial law under the Marcos dictatorship. Her parents had decided to marry her off for an undisclosed sum as a way out of the country.   

 

It was a belief that however bad her journey, her life would be better in America.

 

This article tells her story.  

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MPI Releases New Report On Brazilian Immigrants In The United States

MPI Releases New Report On Brazilian Immigrants In The United States | San Bernardino Immigration Law | Scoop.it

The Brazilian immigrant population in the United States doubled during the 1980s and almost tripled in the 1990s, but stabilized following the Great Recession. While this population has long included a significant share of unauthorized immigrants, Brazilians are increasingly coming to the United States through family, employment, and study channels."

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New Poll Reveals That Americans’ Anti-Immigrant Attitudes Are Fueled By Racism

New Poll Reveals That Americans’ Anti-Immigrant Attitudes Are Fueled By Racism | San Bernardino Immigration Law | Scoop.it
American voters are more inclined to hold negative assessments of immigrants from the Middle East than positive opinions.
Carlos Batara's insight:

 

You don't say. I never, ever, would have imagined this was the cause of anti-immigrant attitudes.

 

I kid, of course.  What else, besides racism and xenophobia, can fuel the harsh, hateful, and spiteful attitudes towards human beings from other countries?

 

Economic domination, maybe.

 

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Filipino Family Reunification: The Battle To Restore A 75-Year Old Promise

Filipino Family Reunification: The Battle To Restore A 75-Year Old Promise | San Bernardino Immigration Law | Scoop.it
San Bernardino Immigration Attorney Traces How Broken World War II Promises Of Citizenship Was Impetus For New Filipino Veterans Parole Executive Order.
Carlos Batara's insight:

Last week, the Obama Administration announced the Filipino World War II Parole Policy.  Though only an executive order, to understand the impetus behind the policy is to gain a glimpse of Filipino immigration history.

 

The policy in short, can be traced to an ongoing battle to restore a promise of U.S. citizenship made to Filipinos in 1941.

 

More than 260,000 Filipinos signed up. Over half died in combat.

 

Yet, at the end of the war, in 1946, the U.S. revoked its promise.  The parole policy is an attempt to restore a small semblance of dignity and honor to the 2,000 - 6,000 Filipino World War II veterans still alive today --- 75 years after the original promise.

 

 

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The Failure Of Law To Protect Immigrant Victims Of Crime And Violence

The Failure Of Law To Protect Immigrant Victims Of Crime And Violence | San Bernardino Immigration Law | Scoop.it
The experiences of a Honduran immigrant who says she faced domestic violence reveal the difficulties in securing a special visa for crime victims that is championed by New York officials.
Carlos Batara's insight:

 

This article covers a painful and ugly, yet real, aspect of the immigrant journey.  Some stories paint a less stark picture.  This news article, in my view, is a better reflection of what happens to many, many immigrant victims of crime and domestic violence.

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Words: More Diversity Fusion In Action - 21 Amusing Greek-Americanisms

Words: More Diversity Fusion In Action - 21 Amusing Greek-Americanisms | San Bernardino Immigration Law | Scoop.it
Daráit!

Via All Language Alliance, Inc. - Legal Translation Services Company
Carlos Batara's insight:


The idea of cultural divisiveness and separation is soooo wrong.  Just consider the everyday language of U.S. citizens. 


A whole bunch of #DiversityFusion.


My point: we can create a better world where we treasure each other's uniqueness.

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Sudan TPS And South Sudan TPS Designations Extended

Sudan TPS And South Sudan TPS Designations Extended | San Bernardino Immigration Law | Scoop.it
Escondido Immigration Lawyer Outlines Why Ongoing Armed Conflict Has Prompted A New 18-Month TPS Extension For Sudan And South Sudan.
Carlos Batara's insight:


Approximately 340 persons in total will be eligible to seek TPS benefits under either the Sudan or South Sudan designation.


According to DHS Secretary Janet Napolitano, the 18-month extensions are warranted due to the “ongoing armed conflict and extraordinary and temporary conditions” in these countries, both of which had created the need for the original Sudan TPS designation.

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How The Cuban Adjustment Act Offset Other Immigration Programs

How The Cuban Adjustment Act Offset Other Immigration Programs | San Bernardino Immigration Law | Scoop.it
How A Spanish Citizen, Who Overstayed His Visit To U.S. Under Visa Waiver Program, Overcame Deportation And Won Green Card Under The Cuban Adjustment Act.
Carlos Batara's insight:


The Cuban Adjustment Act, according to most immigration observers, is on its death bed. 


Personally, I hate to see its demise.  It's been an usual program, as this post on the Visa Waiver Program demonstrates.


I understand how immigrants from other cultures feel that Cubans have received special treatment.


Perhaps that's true.  The reality, however, is each immigration group has a different history and different obstacles.


Having mastered the ins and outs of the Cuban Adjustment Act, I also know how it can benefit non-Cubans. 


But that's a different story.


In this post, we explore its impact on a Spanish citizen. 


This story of one immigrant's journey from country to country is, in itself, an interesting story - but not unusual for many Cubans who left the island over the past few decades.




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Adelanto ICE Locks Out Clergy and Lawyers From Detention Center

Adelanto ICE Locks Out Clergy and Lawyers From Detention Center | San Bernardino Immigration Law | Scoop.it
After holding a short prayer service under the watchful eyes of San Bernardino sheriff’s deputies, a group of activists was told to get off the Adelanto Detention Facility’s property.
Carlos Batara's insight:

 

Anyone who has ever visited the Adelanto Detention Facility knows the frustration of working - or trying to work - with ICE personnel.

 

Not all are uncooperative.  But many, indeed most, ICE officers stationed there are generally unfriendly.

 

And in the age of Trump, such actions are not surprising.  Coast to coast, those who believe immigrants, per se, are criminals, have become very, very hard to work with.  

 

 

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Immigrants Suffer Higher Rates of Psychosis: Here’s How to Start Helping Them

Immigrants Suffer Higher Rates of Psychosis: Here’s How to Start Helping Them | San Bernardino Immigration Law | Scoop.it
When it comes to social identification, it is a case of the more groups the merrier. Possessing multiple social identities has been associated with lower depression and greater resilience in the face of challenges. This implies that identifying with both your original culture and host culture after immigration – through integration – will reap the most mental health benefits.

Via Community Village Sites
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In The Shadows No Longer: Will Drivers Licenses Become A Tool To Identify Undocumented Immigrants?

In The Shadows No Longer: Will Drivers Licenses Become A Tool To Identify Undocumented Immigrants? | San Bernardino Immigration Law | Scoop.it
As President-elect Donald Trump, who vowed an illegal immigration crackdown as a candidate, prepares to take office, the law is coming under renewed scrutiny.
Carlos Batara's insight:

 

"I don't care.  I don't care.  I'll take my chances," said the young woman on her way out of my office.

 

She had stopped in to discuss applying for DACA and applying for a California Drivers License.  She was not happy when I told her things she did not want to hear - specifically, that all of these measures, however shiny today, carried a potential downside. 

 

She became irate, angrily noting  other lawyers were not as pessimistic, and she would simply hire one of them. 

 

I understood her reaction.  Living in the shadows is not equivalent to living life.

 

A work permit?  Check.

 

A drivers' license?  Check.

 

On the other hand, I felt it was my duty to explain all sides – the good, the bad, and the potentially ugly - of temporary programs created for  undocumented immigrants.

 

I agreed with Fox News legal commentator Greta Van Susteren that recommending clients sign up for such temporary measures  bordered on legal malpractice, especially if the various aspects of these programs were not explored with them in advance.

 

Many colleagues disagreed with my approach.  Looking back, I’m still startled by their degree of opposition. 

 

Now that we’re on the verge of a new immigration era, I wish that my earlier worries had been put to rest in the recent presidential election.

 

On the contrary, they’ve been amplified. 

 

. . .  And with over 800,000 immigrants at risk, many of whom I suspect were not counseled about the potential downside, the amplification is  mind numbing. 

 

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Undocumented Immigrants Are Not Criminals, So Why Imply Such A Meaning With Our Words?

Undocumented Immigrants Are Not Criminals, So Why Imply Such A Meaning With Our Words? | San Bernardino Immigration Law | Scoop.it
Here's what's wrong with the language of "illegal immigration."
Carlos Batara's insight:
 

Of course words matter.  And how we choose to define - setting the parameters on their meanings - matters greatly.

 

All lawyers know that.

 

We're wordsmiths, aren't we?

 

So whether we term an immigrant who crosses the border into the U.S. without permission an "undocumented immigrant", an  "illegal immigrant", or - yuck - an "illegal" makes a difference . . .

 

 . . .  a difference in the public perception of that person who is being labelled.

 

As noted in The Battle To Correct False Labels About Immigrants, the intent behind calling an immigrant who avoided inspection and authorization upon entry an "illegal immigrant" or "illegal" is fairly clear.  

 

It's one step away from implying they're criminals.

 

Those who engage in such terminology know this is not true.  

 

Besides, some of those deemed illegal immigrants are persons who entered legally.  They entered with visas and did not leave when their visas expired.  They're known as overstayers.

 

They constitute, at minimum, 40% of the "llegals" population.

 

Undocumented immigrants are not criminals.  Immigration law is part of our civil system of justice – not part of our criminal law system.

 

In fact, based on my experience as an immigration lawyer in San Bernardino, I know many, many undocumented immigrants who are merely one step away from obtaining lawful status.

 

But if immigrant advocates are honest with themselves, even the term "undocumented immigrant" is blasé.

 

So I have a suggestion to make.

 

Perhaps a label like "Illegal entrant" would serve the dual purpose of pointing that a person broke the law in entering without inspection, without implying the person, "the immigrant", is illegal just because they're an immigrant.  

 

In other words, using a middle-of-the-road definition, the public might grasp that an entrant who entered without permission may still earn the right to legal residency - without some grand moral wrong having been committed and amnesty having been granted.

 

And such understanding would go a long way, over time, to bringing the nation to a consensus on sensible and rational immigration reform.

 

 

 

 

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Central America's rampant violence fuels an invisible refugee crisis

Central America's rampant violence fuels an invisible refugee crisis | San Bernardino Immigration Law | Scoop.it
The numbers are staggering, and governments are doing little to protect people from warring gangs and corrupt security forces. Yet entire families who are now seeking asylum are being sent back and told to simply live elsewhere

Via Irial Glynn
Carlos Batara's insight:

 

The refugees are not invisible.  Rather, one might say, correctly,  the various failing governments have invisible political, social, and economic consciousness.

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Will New Category For Middle Eastern Immigrants Be Added To 2020 Census?

Will New Category For Middle Eastern Immigrants Be Added To 2020 Census? | San Bernardino Immigration Law | Scoop.it
If approved, a new "MENA" box could be added to 2020 census forms.

Via Community Village Sites
Carlos Batara's insight:

 

The Obama Administration has recommended adding a new racial category to the 2020 Census for individuals from the Middle East and North Africa.

 

Broadening the categories of racial and ethnic identity for purposes of ensuring an accurate snapshot of America is long overdue. 

 

The nation’s composition is changing.  Our forms need to follow suit to reflect reality.

 

Under the current proposal, the new category would be designated as MENA – Middle Eastern and North African – which is broader than Arab (an ethnicity) or Muslim (a religion). It would include anyone from a region of the world stretching from Morocco to Iran, and including Syrian and Coptic Christians, Israeli Jews and other religious minorities.

 

At present, persons from the Middle East are considered white.

 

There are an estimated 3.6 million Arab-Americans in the United States, but that doesn't include other ethnic groups that could put the total Middle Eastern and North African population above 10 million.

 

According to the Census Bureau's American Community Survey — a survey conducted in between the 10-year census cycle based on a statistical sample — about 1 million people from the region are first-generation immigrants to the United States.

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Guatemalan Human Trafficker Sentenced For Forcing Laborers To Live In Squalor, Work On Egg Farms

Guatemalan Human Trafficker Sentenced For Forcing Laborers To Live In Squalor, Work On Egg Farms | San Bernardino Immigration Law | Scoop.it

The ringleader of a human-trafficking ring was sentenced Monday to federal prison for bringing young Guatemalans to Ohio and forcing them to work on egg farms.

Carlos Batara's insight:

 

The leader of a human trafficking organization and a co-defendant have been sentenced to prison for luring Guatemalan minors and adults to the United States under false pretenses and then using threats of physical harm to compel them to work on egg farms in Ohio.

 

Aroldo Castillo-Serrano, 33, was sentenced to 15 years in prison and Ana Angelica Pedro-Juan, 22, was sentenced to 10 years in prison.

 

The punishment seems a little light, considering how badly the victims lives have likely been destroyed.

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False Bride Who Married 1O Immigrant Men, Some At The Same Time, Avoids Jail Time

False Bride Who Married 1O Immigrant Men, Some At The Same Time, Avoids Jail Time | San Bernardino Immigration Law | Scoop.it
Para muchos, la música es una forma de vida. Con la llegada de internet, su  distribución se hizo más fácil, al poder descargar prácticamente cualquier canción. Pero descargar música grati
Carlos Batara's insight:

 

Here's a story which will warm - angrily warm - the hearts and minds of pro-reform advocates and immigrant supporters.

 

How someone so obviously corrupt got off in this manner is baffling.

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Temporary Protected Status For Honduras And Nicaragua Extended To January 5, 2018

Temporary Protected Status For Honduras And Nicaragua Extended To January 5, 2018 | San Bernardino Immigration Law | Scoop.it
San Bernardino Immigration Lawyer Outlines Temporary Protected Status Requirements, Benefits, And Deadlines For Hondurans And Nicaraguans.
Carlos Batara's insight:

Temporary Protected Status (TPS) has been extended once more for immigrants from Honduras and Nicaragua. The current designation expires on July 5, 2016.

 

The original TPS designation for Honduras as well as for Nicaragua took place on January 5, 1999.

 

The TPS designation is aimed at assisting Hondurans and Nicaraguans recover from the effects of Hurricane Mitch.

 

Despite critics' outcries, the government does not believe that either country has yet recovered adequately.

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Why Bilingual Lawyers Should Use Professional Interpreters: Ethical Considerations

Why Bilingual Lawyers Should Use Professional Interpreters: Ethical Considerations | San Bernardino Immigration Law | Scoop.it
As more and more minorities are becoming attorneys, some bilingual attorneys may choose to also act as a foreign language interpreter for their foreign-born client. The thinking is that since their language skills are sufficient, they can save the court time and their client money by doubling up as a court interpreter. However, acting as …

Via All Language Alliance, Inc. - Legal Translation Services Company
Carlos Batara's insight:


This article raises some interesting issues for lawyers who are fluent in two or more languages.  Because legal proceedings are in English and most of the participants will not be bilingual, it is prudent policy to hire a professionally trained interpreter.

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Overdue Is Putting It Lightly: Mexico Finally Recognized Its Black Citizens

Overdue Is Putting It Lightly: Mexico Finally Recognized Its Black Citizens | San Bernardino Immigration Law | Scoop.it
In Mexico, like everywhere, identity is complex.
Carlos Batara's insight:


The U.S., of course, is not the only country which fails to appreciate the richness of cultural and ethnic diversity.


If the immigration reform movement is truthful, it will acknowledge that its guiding light should be to embrace all peoples, from all places.

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U.S. Children with Unauthorized Immigrant Parents: Does Congress Care?

U.S. Children with Unauthorized Immigrant Parents: Does Congress Care? | San Bernardino Immigration Law | Scoop.it

Growing up with unauthorized immigrant parents puts children at a disadvantage, with lower preschool enrollment, reduced socioeconomic progress, and higher rates of linguistic isolation and poverty. This fact sheet examines the number, characteristics, and socioeconomic status of children, both U.S. citizen and noncitizen, who have unauthorized immigrant parents.

Carlos Batara's insight:


According to a new MPI study, 80% of 5.1 million children under age 18 – nearly 4.1 million – are U.S. citizens living with an unauthorized immigrant parent.


Another reason, I'd say, comprehensive immigration reform should be higher on the agenda of Congress.

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