Atty. Maria Rita Reyes-Stuby

Quantum of proof

Gender inequality. Is it an  issue some  societies in the world have relegated to the past?   The trend to recognize same-sex marriages is picking up.  Women are  accepted (sometimes grudgingly) as equals in areas of employment, world leadership and income generation.  It would seem the  biological difference between a male or a female are…

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USCIS forms updated

True to one of its promised  immigration policies, the present administration is implementing its extreme vetting.  Since it took over the White House a year ago, attempts to reform the U.S. immigration rules and procedures, have been persistent and bold – from issuing executive orders, re: controversial travel bans, terminating DACA (Deferred Action on Childhood…

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Automatic citizenship and the US Department of State

In this day and age, the best travel document in your hands would be a U.S. passport.  Hence the  sense of urgency among immigrants to become U.S citizens.  International travel and the   globalization drumbeat, among others, prompts members of the immigrant community to acquire the proper documentation to ease their  entry and exit to…

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DACA: What now?

Your guess is as good as mine.  Last Tuesday, September 5, 2017, the President, through Attorney General Sessions, announced that the DACA program under the Department of Homeland Security (DHS) is being rescinded effective the very same day.   Since its implementation more than 5 years ago (June 15, 2012), a lot of people still…

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FOIA request

Doing it right from the  start should be the only ‘rule of thumb’ when emigrating to the U.S.  Aliens come to this country for a wide array of reasons, the more common  is  to join their family and reside here or  just visit relatives and friends. There is an expectation from the U.S. government that…

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Criminal bars to US citizenship

There comes a time in  the life of every lawful permanent resident (LPR) in this country to make the decision to be an American.  When the country’s immigration “situation” is fraught with uncertainty and fear (imagined or not), such personal decision becomes a “no brainer.”   U.S. immigration statistics data show a significant increase in…

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Am I a US citizen?

Whatever  the immigration status of an alien is so  long as they are residing or simply physically present in the United States, a  child born in the U.S. is a  citizen.  The U.S. Constitution bestows citizenship based on  place of birth (‘jus soli’ or ‘law of the soil’).  Other countries which were or are  highly…

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Seeking asylum

(Part 2 of 2) Asylum applications are filed to avail of protection in the United States due to persecution or fear of   persecution “due to race, religion, political opinion, nationality or membership in a particular group” in the country of origin.  Asylum is sought by aliens already present in the United States.  Aliens who…

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Seeking asylum

(Part 1 of 2) Back in the 70’s and early 80’s, when the New People’s Army (NPA)and other militant organizations were a potent disruptive force in Philippine society even if the country was also under martial rule, seeking asylum in the United States was an option to Filipino nationals who were at odds with either…

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Interview tips at the US Embassy

There are no hard and fast rules to  follow during interviews to  obtain a visa from any U.S. embassy amongst the  almost  294 around the world.  The basic creed to follow is to  tell the truth.  If you don’t, the lie will haunt  not  only you but your family too, maybe for the rest of…

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DACA recipients who can adjust status

A non resident  alien who  marries a U.S. citizen or has a U.S. citizen child who turns 21, or a parent who becomes a U.S. citizen before the alien  turns 21, can adjust status and obtain a green card.  For this to happen, one essential requirement is the entry to the U.S. “with inspection”, i.e.,…

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What’s trending: Trump’s E.O.

Since its issuance on Jan. 27, 2017,  the Executive Order on immigration (Trump’s E.O.) has been dissected because it is a “travel ban” of nationals from seven specific countries ( Iraq, Iran, Yemen, Syria, Sudan, Libya and Somalia) whose majority populations are Muslims. While the previous administration and Congress have characterized them as war-torn and…

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Panic mode

Even if every immigration attorney has a crystal ball and is able to read  ‘mumbo jumbo’ or perform magic, they are unable to forecast  the future for  undocumented aliens (imagine the potential clients).  Unpredictability or ‘flip flops’ is becoming the name of the game called politics.  More than a month after the presidential elections,  people…

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CNMI (Saipan): A US territory

In the early 1990’s, news travelled fast about the irony behind the label “Made in the U.S.A” attached to famous brands of clothing because it was misleading.  The  apparels  were not actually made in mainland U.S.A. but in Saipan, a U.S.  territory, one of the 14 islands in an archipelago in the Pacific ocean also…

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Criminal convictions and consequences

(Part 2 of 2) Every nation’s immigration rules and regulations seek to weed out ‘undesirables’ or ‘deplorables’ maybe – those with the propensity for malicious mischief or simply, to do harm.  The United States is no exception. When a foreigner commits a crime and gets convicted, the steps toward the path to citizenship will be …

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Criminal convictions and consequences

(Part 1 of 2) Criminal convictions in immigration are definitely ‘dealbreakers’.  Even just one can cause regrets about  the incident which led to it.  Not a lot of aliens definitively know the immigration consequences of their illegal acts and when they do, it might be  too late for  regrets or  remedies.  The United States does…

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Adjust status or consular process?

Indeed our  world feels  smaller.  The norm is ‘global’; be it in business or  love.  Travel abroad has become a ‘must’ for businessmen in order to keep up and promote international trade growth.  With the advent of the Internet, prevalence of social media, long distance love affairs are a breeze.   One client talks with…

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Being in the US military

(Part 1 of 2) Signing up  to be a soldier for a country not initially your own and be willing and able to defend  and die for its ideals, is probably the most courageous and noble act a person can do.  After all, it is undeniable that going to war carries with it the risk…

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Fil-Am WWII veterans: The long wait is over

The US Department of Homeland Security (DHS) announced in October 2015  that it is creating the “Filipino WWII Veterans Parole Program” to  enable some family members of these veterans to come to the United States and be with their veteran-petitioners even if their visas are not yet available for processing. The program is part of…

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The ‘Grace Poe’ dilemma

(Part 1 of 2) The issues surrounding the presidential candidacy of Senator Grace Poe will not seem to die down.  Whether it is purely an honest attempt to search for the truth and comply with constitutional requirements or a political ploy to keep her out of the race, the issues are worth the Supreme Court’s…

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Consular processing at the NVC

The growing threat of international terrorism, which apparently is without territorial boundaries, has prompted the Department of State (DOS) to tighten its rules of entry into the US.  DOS is the governmental entity that works hand in hand with the Department of Homeland Security (DHS) and is in charge of prospective immigrants to the US. …

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Understanding Form I-864

Why does the National Visa Center (NVC) require you to submit an accurate Form I-864?  We hear stories of the frustration experienced by those who have to re- submit the form many times thinking they are following instructions ‘to the letter” only to have it bounce back as ‘incorrect’. What is so difficult about filling…

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Care in filling out USCIS forms

Application forms to petition a relative, obtain a green card, a work permit, travel abroad or study in the U.S. may appear easy to fill out.  The U.S. Citizenship and Immigration Services (USCIS) ensures that such forms can be understood and completed by  you , who need not be experts in  US immigration laws.  However,…

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Consular processing at the NVC

The growing threat of international terrorism, which apparently is without territorial boundaries, has prompted the Department of State (DOS) to tighten its rules of entry into the US.  DOS is the governmental entity that works hand in hand with the Department of Homeland Security (DHS) and is in charge of prospective immigrants to the US. …

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