Atty. Michael Gurfinkel

The December 2009 priority dates

Wednesday, 18 November 2009 20:36 Atty. Michael Gurfinkel

Petitionsby Citizens:

The priority date for the First Preference Category, F-1 (unmarried sons and daughters of US citizens, over 21 years of age) moved forward by 10 days from October 22, 1993 to November 1, 1993.

The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date moved forward by 24 days from October 22, 1991 to November 15, 1991.

The Fourth Preference, F-4 (brothers and sisters of United States citizens) priority date moved forward by 2 months and 7 days from January 15, 1987 to March 22, 1987.

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Who can represent aliens in immigration proceedings?

Wednesday, 11 November 2009 21:11 Atty. Michael Gurfinkel

Recently, the Executive Office for Immigration Review (EOIR) issued a Fact Sheet on who can represent aliens in immigration proceedings. (The EOIR conducts administrative hearings to determine whether aliens should be ordered removed/deported from the United States or should be granted relief from removal, in order to remain in the US).
In its Fact Sheet, the EOIR not only lists those persons and organizations who are authorized to represent aliens in immigration proceedings, but specifically and emphatically states that: "Notarios," visa consultants, and immigration consultants cannot represent aliens in immigration proceedings."
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The November 2009 Priority Dates

Thursday, 29 October 2009 00:41 Atty. Michael Gurfinkel

Petitions by Citizens:
The priority date for the First Preference Category, F-1 (unmarried sons and daughters of US citizens, over 21 years of age) moved forward by 14 days from October 8, 1993 to October 22, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date moved forward by 7 days from October 15, 1991 to October 22, 1991.
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Illegitimate child included, but not fiancée

Thursday, 22 October 2009 20:36 Atty. Michael Gurfinkel

Dear Atty. Gurfinkel:
I am a green card holder, and I filed a petition for my unmarried son. It was approved in the F-2B category (single adult child of green card holder). Last year, his live-in girlfriend got pregnant, and they now have a baby.
The priority date on my son’s petition is now current, and he is to be processed for his immigrant visa. What will happen to his girlfriend and the baby? Can my son’s girlfriend and child get immigrant visas and accompany my son to the US?
Very truly yours,
ZF
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Child is ‘guilty’ of parents’ immigration crime

Wednesday, 14 October 2009 23:05 Atty. Michael Gurfinkel

Recently, the Fifth Circuit Court of Appeals ruled that a child must also suffer the consequences of her parent’s immigration fraud or inadmissibility. Although the "child" in that case was already an adult and a US citizen at the time of the court’s ruling, the US government still sought to have her US passport revoked and the child removed/deported, because she did not have a valid immigrant visa.
In that case, the child’s father entered the United States in the 80’s as a visitor. He later became a permanent resident through marriage to a US citizen. The problem was that he claimed that his first wife had died, such that, as a widower, he was able to legally marry the American.
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Beware of Visa lottery scams

Wednesday, 07 October 2009 22:12 Atty. Michael Gurfinkel

The US State Department recently announced the opening of the registration period for the Diversity Visa Lottery. This lottery is for a special class of immigrants, known as "diversity immigrants," where a maximum of 55,000 diversity visas are made available to persons from countries with low rates of immigration to the US.
"Low rates of immigration to the US," means that the diversity lottery is available to people from countries that have sent no more than 50,000 immigrants to the US over the past 5 years. Obviously, Filipinos are NOT ELIGIBLE for the diversity visa lottery. This is because, as everyone knows, more than 50,000 Filipinos have immigrated to the US in the previous 5 years. In fact, the Philippines has one of the highest rates of immigration to the US of any country. The backlogs, waiting times, or priority dates, are so long because so many Filipinos are under petition and are hoping to immigrate to the US.
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New hope for people who ‘admitted’ drug use to doctors at St. Luke’s

Thursday, 01 October 2009 00:52 Atty. Michael Gurfinkel

In two recent decisions, the Administrative Appeals Office (AAO) held that when an alien was not given an adequate definition of a drug crime, including all essential elements, any admission or confession by that alien of the crime could not be used against him for immigration purposes. This is great news for people who were refused their visas due to admitting drug use during their medical exam at St. Luke’s, Manila. If they did not receive an adequate definition of the crime, or warning about the consequences of admitting drug use (which is a lifetime ban), there may still be hope!
By way of background, in 2002, the Ninth Circuit Court of Appeals, in Pazcoguin vs. Radcliffe, held that an alien could be banned for life for admitting, to the doctors at St. Luke’s, that the alien had "used" drugs in the past. The ban applied even if the alien was never charged or convicted of any drug crime, and even if his drug test turned out to be "negative." The lifetime ban results from the alien’s mere admission to the doctor or psychiatrist, of the use of marijuana or some other prohibited drugs in the past, even if the use occurred many years ago. Thus, people petitioned by US citizen spouses, other relatives, employers, etc., and had waited years for their petition to be current, found themselves banned for life, when the doctors asked if they ever tried marijuana or other drugs at any time in their life, and they said "yes."
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The October 2009 priority dates – Visas available for employment

Thursday, 24 September 2009 00:48 Atty. Michael Gurfinkel

PETITIONS by citizens
The priority date for the First Preference Category, F-1 (Unmarried sons and daughters of US citizens, over 21 years of age) Moved Forward By 16 Days From September 22, 1993 To October 8, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States Citizens) priority date moved forward by 23 days from September 22, 1991 to October 15, 1991.
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Did your attorney or consultant ‘disappear’?

Wednesday, 16 September 2009 22:13 Atty. Michael Gurfinkel

Dear Attorney Gurfinkel:
Afew years ago, my wife and I went to an "attorney" for help in processing our immigration papers. Although the attorney said that he could help us, we’re not quite sure how this was to be accomplished. Although we signed some forms, I’m also not quite sure what it was we were signing. Recently, I tried to contact that person, but the number was disconnected. We tried going to his office, but he is no longer located there. When I asked around, I was told he had gone out of business and back to the Philippines, after his office was raided by DHS and his files were seized, etc. Bottom line is that I can no longer locate him. What would you advise?
Very truly yours,
E.B.
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