AB-60 licenses allow undocumented immigrants to drive legally in California.  (Note: these licenses merely allow a person to drive legally and obtain car insurance, but do not authorize employment.)  Other states have similar programs. AB-60 licenses, which were designed to help undocumented immigrants drive legally, are now being used against them.  It was recently reported…

Although there cannot be any “guarantees” of success, if your case was denied, you should consider consulting with an attorney, who can evaluate your situation, and determine if there is hope in overcoming that denial and assisting in helping you reverse the denial and your case approved. MANY people believe that once their case is…

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 divorced my Filipina spouse and married a U.S. citizen who petitioned me for a green card.  Unfortunately, things did not work out, and I divorced the U.S. citizen.  I just recently took my oath of U.S. citizenship. My first wife and I have rekindled our love and are thinking about getting…

SOME people who are in the U.S. with immigration problems/issues, such as being out of status, in deportation/removal, or they are outside the U.S. hoping to immigrate one day, are reluctant to do anything about it because they don’t want to spend money and/or they think it may be “too expensive”  to fix their problem….

THE Democrats constantly talk about comprehensive immigration reform, including a pathway to legalization for the approximate 11 million undocumented immigrants in the U.S. They criticize President Trump for his harsh policies on immigration enforcement. While I’m fully in favor of comprehensive immigration reform, as a starting point, the Democrats could at least eliminate or repeal…

THERE are over 11 million undocumented aliens living in the U.S.  There are caravans of thousands of people coming up from Central America, planning to apply for asylum.  If they can make it into the United States, probably tens of thousands of others will follow. A question constantly on the minds of people living in…

“PRECONCEIVED intent” typically involves a person who enters the U.S. on a visitor’s visa and immediately begins working or takes steps to permanently reside in the U.S., by marrying a U.S. citizen, etc.  The government’s reasoning is that when the person applied for their visitor’s visa or entered the U.S., they represented to the consul…

“PRECONCEIVED intent” typically involves a person who enters the U.S. on a visitor’s visa and immediately begins working or takes steps to permanently reside in the U.S., by marrying a U.S. citizen, etc.  The government’s reasoning is that when the person applied for their visitor’s visa or entered the U.S., they represented to the consul…

ONE of the main talking points of Republicans is that they are not “anti-immigration,” but instead are “anti-illegal immigration.”  They speak about how it is unfair that people come to the U.S. by crossing the border or overstay, break our immigration laws, and expect to be rewarded with legalization.  They emphasize that the people who…

DEAR Attorney Gurfinkel: I’ve been told by friends that having an attorney handle your immigration case is a sign that you are “guilty” or not entitled to the immigration benefit. After all, if you’re entitled or eligible, then why do you need an attorney? I thought my immigration case was simple and straightforward, and I…

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…

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…

STARTING on December 10, 2018, the USCIS could waive (or not require) an interview for a married couple seeking to remove conditions on a conditional green card.  Generally, when a U.S. citizen petitions a spouse for a green card, and the spouse receives their green card within two years of the date of marriage, they…

STARTING on December 10, 2018, the USCIS could waive (or not require) an interview for a married couple seeking to remove conditions on a conditional green card.  Generally, when a U.S. citizen petitions a spouse for a green card, and the spouse receives their green card within two years of the date of marriage, they…

SINCE October 2015, the monthly Visa Bulletin (priority dates) was revised, adding a new column or chart called the “Application Filing Dates or “Dates for Filing.” (There is also a column or chart called “Final Action Dates” or “Visa Issuance Dates.”) But what does the Application Filing Date mean?  How does it affect the issuance…

IN a shocking and disturbing change in policy, the U.S. Embassy in Manila has begun charging crewmen with fraud when those crewmen return to Manila for immigrant visa processing after obtaining an approved provisional waiver. Until this policy is reconsidered, I would caution crewmen against leaving the U.S. for Embassy processing of their immigration visa…

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…

I HAVE long suspected that with the way the California Service Center (CSC) adjudicates humanitarian revalidation requests, it is virtually impossible for any beneficiary in the Philippines to qualify. Little or no discretion is being exercised, and it seems the Humanitarian Revalidation adjudicators have forgotten the “humanitarian” portion of humanitarian revalidation.  They simply find ways to…

IF a person commits certain immigration violations (such as fraud, or overstaying in the U.S. for over six months and then departing, etc.), the person may not be eligible to receive a green card, unless the person applies for, and is granted, a “waiver of inadmissibility” (or “forgiveness”) on a Form I-601. To be eligible…

DEAR Atty. Gurfinkel: I came to the U.S. on a visitor’s visa under a different name. The passport and visa had my picture, but somebody else’s name. I still have that passport. I recently married a U.S. citizen for love, and want to get a green card. Is there hope for me, since I entered…

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…

Several people have consulted with me, asking whether the approval letter they received was genuine.  While the notice has the opening sentence, “welcome to the United States of America,” which is how an adjustment of status approval notice typically starts, these approval notices are fake and people should be careful that they are also not…

Recently, I had to cross a boulevard.  There were two lanes going in each direction with a center island.  The crosswalk was halfway down the block, about 200 yards away.  So, I decided to jaywalk and cross the boulevard where I stood. I crossed the first two lanes and got to the center island, waiting…

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…

STARTING on September 11, 2018, a new USCIS Policy Memorandum (PM) became effective, instructing officers on how to adjudicate (process and make decisions on) petitions, applications, extensions, etc., when the initial filing was incomplete or insufficient.  The PM creates a dangerous minefield for people, because even if they make an innocent mistake or accidentally forget…

Dear Atty. Gurfinkel: In 2004, I applied for a visitor’s visa but was denied.  The next year, I secured an “assumed name” passport, which was a Philippine passport with my picture but someone else’s name.  I tried my luck again under the assumed name, but the Embassy caught the fraud and again denied my visitor’s…

WHEN applying for almost all USCIS benefits, the USCIS usually requires a person to have a valid, unexpired passport. This is especially true in connection with adjustment of status or obtaining various non-immigrant visas. There are also many situations where a person is required to have a government-issued photo identification, such as when they travel…