Atty. Michael Gurfinkel

A Mother’s Day greeting

Wednesday, 06 May 2009 22:28 Atty. Michael Gurfinkel

MOTHER’S Day is a time when everyone should reflect on all the wonderful things and the sacrifices their mothers have made for them. It is also the time when Mothers feel blessed with the gift of motherhood, and feel the indescribable joy of being surrounded by their children.

Unfortunately, for some mothers who are in the US in illegal status, Mother’s Day is not such a happy time. Instead, it is a time of sadness and emptiness. Many Filipina mothers come to me for consultation, and share the same sad story of the sacrifices they have made for the sake of their children: They were forced to leave their young children behind in the Philippines, for a chance to give them a better future, to be able to send them to good schools, for their food, clothes, and education.

Old asylum cases being scheduled for interviews/ removal proceedings

Wednesday, 29 April 2009 20:39 Atty. Michael Gurfinkel

A MAN recently came to my office for a consultation, with a predicament that is common to so many other Filipinos. His situation should serve as a warning or wakeup call for all people who had applied for political asylum.

Years ago, he came to the US, anxious to find work. He was told by friends or relatives that a quick and easy way to obtain work authorization was to apply for political asylum. So, in the early 90’s, he submitted an application for political asylum, claiming that he was persecuted by the NPA. Soon after applying for political asylum, he received a work authorization, and was absolutely ecstatic! He thought it was so easy and he was all set on pursuing his "American dream." He was even able to renew the work authorization for a few years.

Tips for obtaining a visitor’s visa

Wednesday, 22 April 2009 22:21 Atty. Michael Gurfinkel

(1 vote, average: 5.00 out of 5)

ANY people are disappointed when they apply for a visitor’s visa, and are refused. They came with all the documents, such as bank statements, land titles, invitation letter, etc. They spent the days before the interview going to church to pray for visa approval. They have a legitimate reason for going to the US and have every intention of returning to the Philippines. So how come they were refused? How does a person increase his chances of getting a visitor’s visa?

Here are a few simple tips:

Returning petitions to USCIS for revocation

Friday, 17 April 2009 20:12 Atty. Michael Gurfinkel

IN some cases, a person may go to the US Embassy for a visa interview, based on an approved petition (whether it is a non-immigrant petition, such as H-1B, an employmentbased case, such as for labor certification, or a family-based petition.) However, the Consul may uncover information or documents, showing that the person is not entitled to the particular benefit applied for (i.e. the Consul may have uncovered fraud, a secret marriage, the petitioner has died, the alien does not appear qualified for the visa, etc.)

May 2009 priority dates - No more working green cards available

Wednesday, 15 April 2009 17:29 Atty. Michael Gurfinkel

THE May 2009 priority dates bring bad news to workers who are under petition in the 3rd preference category (professional\skilled workers) as well as unskilled workers. The Visa Office of the State Department announced that visas for workers in these categories are "unavailable", probably until at least October 2009. This means that these workers will not be able to get their green cards (either through adjustment of status if in the US, or immigrant visa at the Embassy) until starting October 2009, assuming their priority date will be "current" once again.

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Returning petitions to USCIS for revocation

Wednesday, 08 April 2009 00:46 Atty. Michael Gurfinkel

IN some cases, a person may go to the US Embassy for a visa interview, based on an approved petition (whether it is a non-immigrant petition, such as H-1B, an employment-based case, such as for labor certification, or a family-based petition.) However, the Consul may uncover information or documents, showing that the person is not entitled to the particular benefit applied for (i.e. the Consul may have uncovered fraud, a secret marriage, the petitioner has died, the alien does not appear qualified for the visa, etc.)
By law, since it was US Citizenship and Immigration Services (USCIS) that approved the petition, the Consul does not have the authority to revoke the petition. Instead, the Consul must return the petition to USCIS for revocation. The procedure for the Embassy to return petitions to USCIS for revocation includes the following:
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CBP trains air carriers to spot fraudulent travel documents

Wednesday, 01 April 2009 19:58 Atty. Michael Gurfinkel

THE US Customs and Border Protection (CBP) recently announced that it has trained more than 15,000 airline personnel in identifying counterfeit/fraudulent documents, imposter recognition, and travel document verification. (In other words, to spot fake/fraudulent visas). The purpose of this training is to reduce the numbers of improperly documented individuals who are boarding aircraft destined for the US.
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No fraud committed by victim of ‘Ghost Bride’ scam

Wednesday, 25 March 2009 22:17 Atty. Michael Gurfinkel

SOME time ago, I wrote an article about a new scam, where aliens were promised work authorization by unscrupulous immigration consultants, only to later find out that the consultant had filed papers with the US Citizenship and Immigration Services (USCIS) to make it appear as though the aliens had married American citizens. So, aliens suddenly found themselves under petition by "phantom" or "ghost" US citizen spouses.
To make matters worse, even though the alien was the unknowing victim of a scam, USCIS would typically charge the alien with "fraud," and require the alien to apply for and be granted a fraud waiver (Form I-601), based on "extreme hardship" to a US citizen or immigrant parent or spouse.
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DHS can track and monitor your whereabouts

Friday, 20 March 2009 22:56 Atty. Michael Gurfinkel

RECENTLY, a woman came to my office, after her application for an extension of stay was denied. She and her husband had entered the US on visitor’s visas, and were given 6 months. While visiting, the husband had a stroke and was hospitalized. So, they applied for an extension in order that she could take care of her husband as he underwent treatment and therapy.
This would seem like a very legitimate and compelling reason justifying an extension. However, after the request for the extension had been filed, the husband was concerned about the mounting medical expenses, and decided it was best to return to the Philippines and receive further treatment there. His wife remained in the US, awaiting the decision of her extension request.
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