ON April 2, 2020, the Ninth Circuit Court of Appeals ruled that if an alien failed to maintain lawful status (or went out of status) as a result of his…

WITH the advent of the COVID-19 pandemic, along with “stay-at-home,” “shelter in place,” quarantines, travel bans, etc., there has been a profound effect on immigration. Here are some of the…

WITH the advent of the Covid-19 pandemic, along with “stay-at-home,” “shelter in place,” quarantines, travel bans, etc., there has been a profound effect on immigration. Here are some of the…

EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A…

THE U.S. Department of State (DOS) has revised its regulations on eligibility for visitor visas, establishing that “travel to the United States with the primary purpose of obtaining U.S. citizenship…

IF A person did not work for their sponsoring employer after they obtained a green card (through PERM/labor certification), it could create risks and problems for them when they file…

WHEN some people apply for immigration benefits, they look at their entitlement or eligibility from their OWN viewpoint.  Many are overly optimistic that their case has no problems or issues….

EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A…

MOST people are aware that if the petitioner (person who files a petition) dies, the beneficiary (family member being petitioned) may apply for humanitarian revalidation/reinstatement.  If USCIS approves the request,…

According to USCIS, “self-sufficiency has been a core tenant of the American dream. Self-reliance, industriousness, and perseverance laid the foundation of our nation and have defined generations of hard-working immigrants seeking…

Children of derivatives, called “Offspring,” are NOT eligible for immigrant visas. This would include any babies of Derivative Children (or grandchildren of the Primary Beneficiary). DEAR Atty. Gurfinkel: Years ago,…

EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A…

DEAR Atty. Gurfinkel: I petitioned my married son in 1998 while he was still in the Philippines.  He later came to the U.S. on a visitor’s visa and overstayed.  We…

WHEN a petition is filed for a family member, the beneficiary (the person being petitioned) is assigned a “priority date,” which is their “place in line” for a visa.  They…

MANY people have consulted with me after their case has been denied by a USCIS officer or consul at the Embassy.  In some cases, the person has signed a confession,…

ALMOST 20 years ago, the U.S. State Department (DOS) provided guidance to consular officers that they should be “judicious” (use good judgment or common sense) about returning approved petitions to…

EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A…

WHENEVER an employer sponsors (or petitions) an alien for labor certification (or PERM), the employer must agree to offer at least the “prevailing wage” for the job position, as determined…

MANY people want to retain an attorney to assist them with their immigration case, represent them at hearings or interviews, etc., especially during this era of Pres. Trump, where USCIS…

THANKSGIVING is when people step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such…

EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family- and employment-based categories. A priority…

WHEN a person files a petition or application, certain information and documents are required as part of the filing.  For example, if a person is being petitioned by a spouse,…

IN a previous article, I discussed some situations where there could still be hope (or a chance) even if the case was denied.  Here are more examples: Petitioner died Ordinarily,…

EACH month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A…

ON October 16, 2019, a bill (or proposal) was introduced in the Senate called the “Resolving Extended Limbo for Immigrant Employees and Families Act,” or RELIEF Act (SB 2603). If…

MANY people believe that once their case is denied, that is the end of the line.  No more hope or chances.  There is nothing more they can do, and the…

“Legal status enables a person to work at a well-paying job equal to their education or experience.  If a person is out of status, they may have to accept any…

“If your priority date is already current, but you have received no notices or forms from NVC, you may want to take immediate action to find out the status of…