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Carlos Batara - Immigration Attorney

13 Insights About Winning Your Parole-In-Place Immigration Case

– Posted in: Immigration Law, Policy & Politics | Family Immigration

UPDATE: PAROLE IN PLACE STRUCK DOWN BY FEDERAL COURT

On November 7, 2024, the Parole In Place program was struck down by a federal court. Although the Biden Administration may appeal the decision, given the results of the recent presidential election, it is unlikely the program will be reinstated.

Since many of the program’s beneficiaries would have been relatives of Hispanic immigrants living in the United States, it is puzzling why nearly 50% of Latinos who voted supported the Trump campaign.

On June 18, 2024, President Biden announced a new program entitled “Process To Promote The Unity And Stability of Families”, for immigrant spouses of U.S. citizens.

The proposal relies on a concept known as Parole-In-Place.

This form of parole enables immigrants, already in the U.S. – who have not been admitted – to remain in the United States. Generally, parole-in-place has been reserved for specific family members of a current or past member of the U.S. military.

With the announcement, the Biden Administration expanded the use of Parole-In-Place to immigrant spouses of U.S. citizens. Those who are approved will receive a three-year work permit, deferral from deportation, and allowed to apply for permanent residency in the U.S.

Is Parole A Solution For U.S. Citizens With Immigrant Spouses?

– Posted in: Immigration Law, Policy & Politics | Family Immigration

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Is parole the answer for U.S. spouses of immigrants who entered the U.S. without permission?

Since changes to permanent residence law made by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) in 1997, U.S. citizens have waited almost three decades for Congress to create a pathway to legalization for their husbands and wives.

To say the least, Congress has been disinterested in their plight.

Now, there’s talk that a new immigrant spouse program, based on parole, is under consideration by the Biden Administration.

Polygamy vs Bigamy: A Battle Over Cultural And Religious Imperalism

– Posted in: Immigration Law, Policy & Politics | Family Immigration

polygamy-vs-bigamy

Immigration law has many quirky rules.

In some cases, this is because laws and customs in other countries do not match up with laws and customs in the United States.

Take polygamy.

Long condemned in the U.S., polygamy has been practiced in over 81% of societies across the world.

As a result, husbands and wives lawfully wedded abroad are often left behind when they seek permanent resident status.

Renewing The Battle For The Reuniting Families Act

– Posted in: Immigration Law, Policy & Politics | Family Immigration

battle-reuniting-immigrant-families

For several years, fixing our immigration system has been a hot political topic.

Building a border wall has been at the forefront of most Congressional proposals.  Several  representatives tout it as the primary cure for an overflow of immigrants trying to enter our country without legal documents.

This approach is short-sighted.

It negects the main component necessary for constructive immigration reform.

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

– Posted in: Immigration Law, Policy & Politics | Family Immigration

filipino-immigrants-family-reunification

A friend in need is a friend indeed. But it’s what happens after the need subsides that the real quality of friendship is determined.

Take the Filipino World War II Veterans Parole Program (FWVP) implemented by the Obama Administration on June 8, 2016.

The new program, noted UCSIS Director Leon Rodriguez, “honors the thousands of Filipinos who bravely enlisted to fight for the United States during World War II.”

The commentary both overstated and understated the reality.

Deferred Action For Immigrant Families Derailed

– Posted in: Immigration Law, Policy & Politics | Family Immigration

deferred-action-for-immigrant-parents-of-citizens-derailed

When one is caught up in the details of day-to-day skirmishes, it is not uncommon to lose sight of the greater battle being waged.

Following the president’s announcement last fall that he had set the stage for immigrants to come out from the shadows, supporters bathed in the warm glow of political delusion. Now many advocates seem astonished by the recent news that his executive orders are likely to be derailed by a federal court ruling.

In reality, this development is no surprise.