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 or her attorney messing up and missing a filing deadline or providing wrong advice, there could still be hope or relief for that alien: “When…
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 latest restrictions, limitations, and changes as of March 30, 2020. This is not an exhaustive list, and is subject to change literally on a daily…
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 restrictions, limitations, changes at the present time. This is not an exhaustive list, and is subject to change literally on a daily basis: 1. The…
Watch Atty. Gurfinkel’s latest immigration update on COVID 19, where USCIS is cancelling all in-person services until at least April 1, 2020, and Immigration Courts (EOIR) have cancelled all non-detained hearings (Master and merits).
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 date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date…
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 for a child by giving birth in the United States is an impermissible basis for the issuance of a B non-immigrant visa.” Consequently, “a consular…
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 for naturalization. It could result in the revocation of their green card and deportation/removal. Every year, thousands of people obtain green cards for themselves and…
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. Therefore, since THEY see no problem with their case, the officer, consul, or adjudicator would similarly see no problem and should readily approve it. Even…
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 date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date…
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, the primary beneficiary and his derivative spouse and minor children could continue being processed for their green cards, despite the petitioner’s death. However, if the…
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 opportunity in the United States ever since.” THE U.S. Supreme Court recently cleared the way for the Trump Administration to enforce new (and tougher) public…
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, I was petitioned by my U.S. citizen parent in the F-3 category (married child of U.S. citizen). The priority date on my petition is now…
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 date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date…
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 are now receiving notices from the National Visa Center (NVC) advising his priority date is current, his visa is available, and he needs to apply…
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 can apply for their immigrant visa or green card only when their priority date is current (or visa is available), which can take many, many…
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, but claim it was not true. I asked them that if it was not true, why did they sign it? They reply the USCIS officer…
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 USCIS for revocation. In other words, they should not be “trigger-happy” in returning approved petitions. DOS warned that Posts “should not use the revocation request…
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 date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date…
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 by the U.S. Department of Labor (DOL), based on the job requirements and location of employment. A prevailing wage determination from DOL is obtained by…
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 is taking a very hard line on immigration. People understand now, more than ever, it is helpful to have attorney representation, rather than trying to…
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 a key role in helping us achieve them. At this Thanksgiving, I would like to once again give thanks to all of the people who…
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 date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date is…
Get the answer this Sunday on — “Citizen Pinoy: Your Tanong, My Sagot” THIS Sunday on TFC, the second batch of Kapamilya who attended the tapings in Virginia will get their questions answered on the most popular immigration program on television – “Citizen Pinoy.” Leading U.S. immigration attorney Michael J. Gurfinkel replies to questions like…
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, a required document would be a marriage contract. If a required document is missing, the petition or application may be denied. Petitions and applications have…
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, if the petitioner dies, the petition dies with him. However, in certain circumstances, the beneficiary may be eligible to apply for humanitarian revalidation or reinstatement…
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 date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date…
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 it is enacted (or becomes law), it could cut the waiting time for family and employment petitions to five years. This could include brothers and…
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 case is now dead. However, depending on the reasons for a denial, it could still be possible to salvage the case and get it approved. …
“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 kind of low-paying job just to survive and pay their bills. If they legalize their status, they could possibly work anywhere and/or at a well-paying…
“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 your case.” IN a previous article I discussed some tips, strategy, and suggestions to safeguard your family-based petition. Here are more suggestions and observations: 7….
