Atty. Michael Gurfinkel

DHS can track and monitor your whereabouts

Thursday, 19 March 2009 03:08 Atty. Michael Gurfinkel

(1 vote, average: 5.00 out of 5)

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.

The April 2009 priority dates – employment cases retrogress

Wednesday, 11 March 2009 23:17 Atty. Michael Gurfinkel

(1 vote, average: 3.00 out of 5)

THE April 2009 priority dates contain bad news for aliens with employment based cases. The priority dates for professionals, skilled workers, and unskilled workers retrogressed (moved backwards) by about two years in each category. (From May 1, 2005 to March 1, 2003 for professionals and skilled workers; and from March 15, 2003 to March 1, 2001 for unskilled workers). So if your priority date had been current, or was just about to be current, this now sets you back about two more years.

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What to do if your visa is refused/denied

Friday, 06 March 2009 17:56 Atty. Michael Gurfinkel

(Part 3)
IN previous articles, I discussed some items or suggestions that could possibly increase your chances of obtaining a visa, avoiding a refusal, or overcoming a refusal. Here are some more pointers:
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The March 2009 priority dates

Wednesday, 25 February 2009 21:18 Atty. Michael Gurfinkel

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(1 vote, average: 4.00 out of 5)

PETITIONS by Citizens:
The priority date for the First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age) remained the same, at July 15, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date moved forward by 7 days from June 1, 1991 to June 8, 1991.
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What to do if your visa is refused/denied

Wednesday, 11 February 2009 18:53 Atty. Michael Gurfinkel

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(1 vote, average: 5.00 out of 5)

(Part 1)
Having your visa refused (denied) could be a traumatic and life-altering experience. Sometimes after waiting sometimes for more than 15 years, a person is turned away at their Embassy interview, with all hopes and dreams of ever going to America (and being reunited with the family) going up in flames.
While no one can "guarantee" that a person will be issued a visa, the following could assist you in increasing your chances for being issued the visa, or overcoming/avoiding a refusal:
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USCIS Ombudsman recommends expedited processing of nurse petitions

Thursday, 05 February 2009 05:18 Atty. Michael Gurfinkel

Noting that the "nursing shortage in the United States is becoming increasingly problematic and may adversely affect the healthcare industry," the Ombudsman (the government official who investigates and attempts to resolve complaints and problems, as between the USCIS and the public) of the US Citizenship and Immigration Services (USCIS) offered some proposals/recommendations for improving the processing of nurse visas. Among the Ombudsman’s recommendations are that USCIS:
Separate and prioritize nurses’ green card applications, so that they can be expedited, without the requirement of a written request (from the nurse or her attorney), once the nurse’s priority date is "current"
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NVC is giving retroactive effect to the child status protection act

Thursday, 29 January 2009 01:41 Atty. Michael Gurfinkel

The Child Status Protection Act (CSPA) became effective on August 6, 2002 and provided age-out protection for certain children. For example, if a US citizen filed a petition for his child while that child was under 21 years of age, the CSPA provides that the child’s age would be "locked in," at being under 21, and the child would continue to be considered a minor even after aging out.
However, the USCIS and the National Visa Center (NVC) had taken the position that the CSPA did not apply retroactively to children who aged out before CSPA’s effective date, meaning that if the child aged out before August 6, 2002, they were "out of luck."
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The February 2009 priority dates

Thursday, 22 January 2009 00:50 Atty. Michael Gurfinkel

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(1 vote, average: 4.00 out of 5)

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) remained the same, at July 15, 1993.
The Third Preference Category, F-3 (married sons and daughters of United States citizens) priority date moved forward by 10 days from May 22 1991 to June 1, 1991.
The Fourth Preference, F-4 (brothers and sisters of United States citizens) priority date remained the same at May 1, 1986.
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How to avoid problems with your case

Thursday, 15 January 2009 00:08 Atty. Michael Gurfinkel

(Part 3 of 3)
In a previous article, I discussed some items, which could be viewed by the Embassy or USCIS as being suspicious, trigger delays, and could possibly result in investigation or administrative review. Here are more items, which could help you avoid problems and pitfalls:
8. A woman claims to be single with no children. But a medical exam discloses a history of pregnancies and deliveries.
If a woman is being petitioned as an "unmarried" daughter and claims never to have given birth, but a medical examination shows that the woman gave birth, this creates the suspicion that the woman is really married, and she is trying to conceal the birth, and birth certificate of her child, which would disclose her marital status. If the visa she is applying for requires her to be single, the Embassy or USCIS would definitely want to investigate and track down this phantom "birth" before issuing her a visa (to make sure she is single). (Please note that having illegitimate children would not void or affect the "single" status of the parent.)
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