IN A previous article I discussed some tips, strategy, and suggestions to safeguard your family-based petition.  Here are more suggestions and observations: 5. Notify NVC of beneficiary’s marriage or divorce/annulment. Sometimes, a person is petitioned by their U.S. citizen parent while they are still single, and they later get married.  In other cases, a person…

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 family-based petitions take years to be processed and for the priority date to finally become current.  For example, it could take nine or more years for USCIS to process a petition for a married son or daughter or a sibling, and then up to 30 years for the priority date to become current, or…

“Trump doesn’t want new immigrants living off of taxpayers. Instead, they either must support themselves or seek support from their family members, especially from the one who signed the affidavit of support.” THE Trump Administration recently announced new regulations on public charge, to be effective October 15, 2019.  The plan is to deny green cards…

DEAR Atty. Gurfinkel: I was petitioned as “single” by my immigrant (green card) parent in 2008.  The priority date is now current, and I am getting paperwork and forms from the NVC to fill out. I have a live-in partner, and we had a child together.  Although we never married, we put a date of…

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…

MANY people believe that once they obtain a green card through marriage, they are “home free” as far as their legal status is concerned. They are now green card holders. They can get divorced, remarry, file a petition for their new spouse, seek naturalization, etc. Imagine a green card holder’s surprise when USCIS “reopened” his…

MANY people believe that once they obtain a green card through marriage, they are “home free” as far as their legal status is concerned. They are now green card holders. They can get divorced, remarry, file a petition for their new spouse, seek naturalization, etc. Imagine a green card holder’s surprise when USCIS “reopened” his…

DEAR Atty. Gurfinkel: I was petitioned by my U.S. citizen parent in 2008 as a married child (category F-3).  However, I am now separated from my spouse, as he was abusive, cheated on me, and is now living with another woman with whom he already has two children. I want to join my family in…

ON July 10, 2019 the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act of 2019 (HR 1044).  To become a law, it would still have to pass in the Senate and be signed by President Trump.  Its provisions would increase the waiting time for green cards through Filipino employment-based petitions, and decrease…

“Disclosing a person’s social media is part of the Trump administration’s Muslim travel ban initiative and “extreme vetting,” to determine whether a person may be “inadmissible” based on terrorism related issues.” RECENTLY, the State Department revised immigrant and non-immigrant visa application forms to add a question asking a person to list each social media platform…

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…

MANY people visit the U.S., and upon arrival are allowed to remain for six months. Near the end of that six months, some people decide they want to stay longer, either to spend more time with family, or visit other places within the United States. Accordingly, they file for an extension. If the extension is…

DEAR Atty. Gurfinkel: My sister petitioned me back in 1997, when my child was still a baby.  Recently, the priority date became current. We paid all the fees and submitted all the forms on behalf of my family, including my child, who is now over 21. At the interview, the consul approved my husband’s and…

I RECENTLY had a consultation where a mother’s confusion and lack of understanding of immigration law resulted in her delaying filing a petition for her minor child for approximately eight months. The child “aged out” and could not qualify for benefits under the Child Status Protection Act (CSPA).  The child was then reclassified as an…

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…

RECENTLY, the USCIS announced it will be closing its Manila field office. This has created a lot of confusion and panic among Filipinos. Some people are asking that with the closure, how can they now apply for a visitor’s visa? Are K-1 (fiancé) visas still available? What’s going to happen with their immigrant visa interview…

DEAR Atty. Gurfinkel: I am a U.S. citizen, and petitioned my sister and her family in 1995.  It has now been almost 25 years, and nothing seems to be happening on the case.  Should I just keep waiting until the USCIS or NVC contacts me?  Or is there something else I can be doing now?…

ON May 23, 2019, Pres. Trump issued a memorandum to strictly enforce obligations under affidavits of support (Form I-864), including: • Seeking reimbursement from sponsors when the sponsored alien receives certain forms of “means – tested public benefits,” such as Supplemental Nutrition Assistance Program (SNAP), Medicaid, and Temporary Assistance for Needy Families (TANF); and •…

THE USCIS has “de-listed” (or banned) Filipinos from applying for the seasonal/temporary H-2B visa. (This visa allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs, such as housekeepers at hotels during the busy summer season.) However, this ban DOES NOT APPLY to Filipinos seeking green cards through 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 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 Attorney Gurfinkel: I’m a U.S. citizen and petitioned my married son many years ago when my grandchildren were still very young. When the priority date became current, the National Visa Center (NVC) sent us various forms and had us pay various fees, which included all my grandchildren. When the family went for their interview…

RECENTLY, the USCIS “de-listed” (or banned) Filipinos from applying for the seasonal/temporary H-2B visa. (This visa allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs, such as housekeepers at hotels during the busy summer season.) However, this ban DOES NOT APPLY to Filipinos seeking green cards through 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 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…

RECENTLY, officials from the U.S. State Department discussed the monthly Visa Bulletin and the movement of priority dates.  (A priority date is a person’s “place in line” for an immigrant visa, and is typically based on the date the petition was filed.  The monthly Visa Bulletin reports which priority dates are now eligible to be…

RECENTLY, the American Immigration Lawyers Association (AILA) posted a brochure concerning lawful permanent residents’ (LPR or green card holder) rights when they are detained at a port of entry, such as an airport, border crossing, or ship dock.  Here are some of the key points of that brochure: If questions or issues arise at the…

MANY people think that once they obtain their green card, they are now “home free” as far as eligibility and entitlement, and that if they pay their taxes and do not commit crimes for the next five years, they can file for U.S. citizenship and be approved without any problem. Such optimism may not be…

RECENTLY, there were news reports from many media outlets about a Texas flight attendant  enrolled in DACA who was told by a supervisor that it was safe for her to fly to Mexico and safely return to the U.S.  Unfortunately, upon her return, she was detained by immigration officers and held in detention for over…

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…

I’VE had numerous consultations over the years with people who went for their visa interview at the U.S. Embassy, only to be told they are guilty of fraud/misrepresentation, and therefore, not eligible for a visa.  Many state that they were not even given a chance to explain or document their innocence.  They were simply given…