The Violence Against Women Act remains an important protection for abused immigrant men, women, and children.

TPS has been restored. It remains, however, without a path to permanent residency.

Over the course of the past new year, several new programs have been added to the Temporary Protected Status program. Other older programs (El Salvador, Honduras, Nicaragua, Haiti, and Nepal) have not yet been renewed. With December 31, 2022 nearing, are the additions a sign of good news or bad news?

Far too often, clients assume the first step of the permanent residence process, filing the I-130 petition, for family members is slam dunk easy. The form may look simple. However, looks can be deceiving.

The moral imperative To help Afghanistans. https://www.carlosbatara.com/obligation-help-afghan-refugees/

The U.S. chaotic evacuation of Afghanistans, “The difference between the damned and the saved came down to three factors. The first was character. The second was what Afghans call wasita—connections. The third, and most important, was sheer luck. @TheAtlantic https://www.theatlantic.com/magazine/archive/2022/03/biden-afghanistan-exit-american-allies-abandoned/621307/

Is there such a thing as an “immigrant vote”? Can immigrants who come from completely different countries, cultures, political traditions, and socio-economic backgrounds be organized into a unified voting bloc? https://bit.ly/3tj4vZP

The U.S. government has lost track of thousands of unaccompanied minors released between January and May this year. 1/3 of calls to their sponsors have gone unanswered. One fear is that some may have been released to labor traffickers. https://bit.ly/3jMyQN5

The good news is that a recent survey shows 81% of U.S. adults believe the U.S. should “help those Afghans come to the U.S.,” while just 19% said they should not. https://bit.ly/3BSeaK5

Meanwhile, U.S. nonprofit refugee organizations are rushing to help resettle Afghans, many of whom are arriving with uncertain immigration statuses and little other than the clothing on their backs. https://on.wsj.com/3zRGQSz

The United States is carefully vetting Afghans evacuated from Kabul. They are screened using the government’s automated biometrics system. The process is intended to protect both our allies and our country.

The roller coaster ride of DACA, a limbo where applications are probably not going to be denied but also not going to be approved for who knows how long. https://bit.ly/3BLIZzI @daisyzavv @seattletimes

Our government’s actions regarding translators who assisted the military and embassy personnel will send a loud message to friends and foes alike.

Is Kakar’s case a mere legal anomaly? Or the opening act in a series of hostile legal opinions towards Afghan refugees?

That’s the issue before the Second Circuit Court of Appeals in Kakar v. USCIS. The government argues Kakar’s coerced actions constitutes “material support” – and hence violates terrorism-related bars to admissibility and grounds to deny his application for permanent residence.

In my opinion, RFK’s death impacted the course of our nation’s political history.

The evening before Robert was shot and killed in Los Angeles, I had shaken his hand as he toured Southeast San Diego in an open motorcade.

“There are those who look at things the way they are, and ask why. I dream of things that never were, and ask why not?”

Thinking about the Sirhan Sirhan parole, I recalled the night before Robert Kennedy’s death, when he drove through parts of Southeast San Diego.

After winning his asylum case, can a refugee be denied permanent residence for providing material support under duress and involuntarily – cooking and cleaning – to the Taliban?

What can the new refugees from Afghanistan expect from U.S. immigration law?

U.S. v. Carrillo-Lopez. An immigration court decision that addresses racist laws.

Hope is not dead for deported immigrant military veterans. Howard Bailey is back in the United States. Congratulations to the National Immigrant Justice Center @NIJC https://www.washingtonpost.com/local/the-country-he-fought-for-sent-him-into-exile-but-this-veteran-finally-came-home/2021/08/26/ac150d88-068c-11ec-8c3f-3526f81b233b_story.html

Speaking truth to power. Federal District Judge Miranda Du,“The federal government’s power over immigration does not give it license to enact racially discriminatory statutes in violation of equal protection.”

Sometimes the love bug bites when you’re visiting a distant land, hundreds of miles away from the United States. https://www.bataraimmigrationlaw.com/fiance-visa-vs-marriage-visa

Questions at a fiance visa interview generally fall into eight categories.

A big day for the Temporary Protected Status program is nearing. Will the TPS map stay the same or will certain countries be given pink slips?

According to new Migration Policy Institute study, Iranians make up less than 1 percent of the total immigrant population in the United States.

Once again, the American ambivalence towards accepting refugees is rearing its ugly head. Like others before them – Vietnamese, Syrians, Iraqis, to name a few – Afghans seeking a safe haven cannot count on a warm welcome from U.S. citizens. https://www.nytimes.com/2021/08/21/us/refugees-history-afghanistan.html

Immigrant Service Members still on the short end of the stick. Despite court orders, their pathway to citizenship, the military drags it feet. https://www.aclu.org/news/civil-liberties/one-year-later-u-s-service-members-are-still-awaiting-their-promised-pathway-to-citizenship/

In 2018, Afghan refugees totaled 2.5 million – the largest refugee population in Asia and the second largest refugee population in the world – according to UNHRC, the United Nations Refugee Agency. How high will the total increase in the next 6-12 months?

Seven years ago, I wrote that the current consequences were obvious. I cannot believe the government missed the cues.

Is history repeating itself? As in the aftermath of the Vietnam War, the U.S. has a moral obligation to help Afghans out after failing them. https://www.vox.com/22627834/afghanistan-refugee-policy-vietnam

What a novel thought! “Temporary” means temporary. But how long is temporary?

Despite the looooooong backlogs, hope for an effective U Visa program lives on.

Here are the most common immigration scam schemes that immigrants must watch out for.

Despite the increase of Brazilians living in San Diego, it is not among the largest U.S. communities for Brazilian immigrants. Not yet. However, that day is coming, according to several of my Brazilian immigrant clients.

Having served as an immigration attorney for Brazilians over two decades, I’ve witnessed the gradual, steady growth of the Brazilian community in the San Diego region.

Brazilians represent approximately 1% of the total immigrant population in the United States.

Brazilian government sources vary in their estimates of Brazilians living in the United States. These range from 800,000 according to the Brazilian Department of Foreign Relations, to over 1,400,000 per the Brazilian Ministry of Foreign Relations.

How many Brazilian immigrants are in the United States? According to the 2019 U.S. Census Bureau American Community Survey, it is estimated that about 499,272 Brazilian immigrants reside in the United States.

Since October 2020, the CBP reports they have apprehended 7,300 undocumented Brazilian immigrants.

The U.S. Border Patrol has released a report showing a 2,100% increase of Brazilians detained at the San Diego border over the past year.

I recently visited a woman at the immigration detention center, who had tried to sneak into the U.S. She and her family listened to the advice of a smuggler. She should have filed for a K-1 visa instead. It would have been cheaper, as well as increased the chances for success.

Love happens. Then there’s immigration. The story of the K-1 Visa.

There are five common immigration fraud scams that surface over and over again. https://www.bataraimmigrationlaw.com/immigration-attorney-advice-beware-immigration-fraud

Immigration fraud is a silent epidemic.