ON August 13, 2018, the Second Circuit Court of Appeals, which is just below the U.S. Supreme Court, saved a person from deportation by concluding his “father” was a U.S. citizen at the time of his birth, even though his mother had cheated, and the U.S. citizen was not his biological father.  The court ultimately…

ON August 16, 2018, Atty. Gen. Jeff Sessions issued an opinion, to be binding on all immigration courts, on when an immigration judge may grant a continuance of deportation/removal proceedings, where the alien is pursuing a green card or other relief from USCIS (collateral relief).  This situation typically arises when a person is in deportation/removal…

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 HAVE previously written about provisional waivers, where certain people are not eligible to adjust status (be interviewed for a green card in the U.S.) and must depart the U.S. to be processed for an immigrant visa at the U.S. Embassy.  These people could include: • K-1 fiancées who did not marry the petitioner, but…

IN previous articles, I wrote about a recent USCIS policy memorandum (PM), where USCIS would start issuing notices to appear (NTA) if USCIS denied certain immigration benefits (such as extension of status, change of status, adjustment of status, family petition, employment – based petition, etc.) and, as a result of the denial, the person is…

In a previous article, I wrote about USCIS issuing a Policy Memorandum (PM) about the various categories of cases where a person could face deportation/removal if USCIS denied their petition, application, or other immigration benefit.  Here are some possible real-life situations where people could face deportation/removal: 1. A person enters the U.S. as a visitor…

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…

IN a previous article, I wrote about how the USCIS assembled a task force to start reviewing cases of people who may have obtained their green cards or U.S. citizenship through fraud. They would then take steps to revoke their citizenship and have them removed/deported. This could include people who entered the U.S. under 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…

In a recent ruling, Attorney General Jeff Sessions ruled that women who were victims of domestic violence, and people fleeing gang violence in their home country, are not eligible for asylum in the U.S. This ruling is now binding on both immigration courts and the Board of Immigration Appeals (BIA). This decision could also have…

THE USCIS announced it will start a task force of several dozen lawyers and immigration officers to start reviewing cases of immigrants who obtained U.S. citizenship through fraud, such as where they had been ordered deported, and later used fake identities to get green cards and citizenship. If fraud is discovered, the USCIS would seek…

If a person is ever caught in a fixed marriage (married solely to obtain immigration benefits), the consequences (or punishment) could be severe. A fixed marriage finding by the USCIS could result in a lifetime ban from ever having any other petition approved. For example, if a person was caught in a fixed marriage, but…

IF a person is ever caught in a fixed marriage (married solely to obtain immigration benefits), the consequences (or punishment) could be severe. A fixed marriage finding by the USCIS could result in a lifetime ban from ever having any other petition approved. For example, if a person was caught in a fixed marriage, but…

IN the Philippines, establishing family relationships can sometimes be extremely complex.  A child may be born and then “given” to a relative, such as a childless aunt.  A simulated birth certificate is bought on Recto Street and then recorded, making the aunt the biological mother. In other cases, a child is born out of wedlock,…

U.S. Immigration and Customs Enforcement (ICE) recently issued a press release that they had a student removed/deported, when they found out that he was not attending class, as is required with a student visa. That student was enrolled in college as a nonimmigrant F-1 international student in an academic and cultural program.  As an F-1…

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…

ALMOST every Filipino has seen the movie Titanic, the story of Jack and Rose who sailed that doomed ship, which hit an iceberg and sank. During consultations, I sometimes compare the person’s immigration situation to sailing on the Titanic. What do I mean by that?  If a person wants to buy a ticket on the…

U.S. immigration law allows citizen parents to “transmit” or pass on U.S. citizenship to their children born abroad, provided certain requirements are met. One requirement for U.S. citizen fathers to transmit citizenship to their out of wedlock (illegitimate) children is that the child’s father (unless deceased) has agreed in writing to provide financial support for…

Dear Attorney Gurfinkel: I came to the U.S. many years ago, and am out of status.  I have now been away from my spouse and children for many years, and have been desperately looking for ways I can bring them to the U.S. because we miss each other so much.  I have an employer willing…

DEAR Attorney Gurfinkel: I came to the U.S. many years ago, and am out of status.  I have now been away from my spouse and children for many years, and have been desperately looking for ways I can bring them to the U.S. because we miss each other so much.  I have an employer willing…

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 April 3, 2018, the USCIS announced that it will start destroying green cards and work authorizations that are returned to it as “undeliverable.” If the document is returned, the person has only 60 days to contact USCIS and update their address. Many times, people file for immigration benefits, such as green cards, work authorizations,…

SINCE becoming president, Donald Trump has made several significant changes to make it easier for the government to deport more people.  In fact, when he originally announced he was running for president, he stated that there were over 11,000,000 people in the U.S. illegally, and he wanted to deport them all. Among the changes he…

Dear Attorney Gurfinkel: My aunt owns a care home, and wants to petition me as a caregiver.  However, I was told that employers cannot petition relatives for green cards through labor certification or PERM.  Is that true?  Or is it possible for relatives to petition other relatives for employment-based green card? Very truly yours, MJ…

AS part of its “enforcement priorities,” Immigration and Customs Enforcement (ICE) announced the recent arrest of over two dozen people with DUI convictions in connection with “Operation Secure Streets.” According to ICE’s press release, 24 of the people apprehended “have been convicted of violations concerning the operation of a motor vehicle while under the influence…

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…

As part of its “enforcement priorities,” Immigration and Customs Enforcement (ICE) announced the recent arrest of over two dozen people with DUI convictions in connection with “Operation Secure Streets.” According to ICE’s press release, 24 of the people apprehended “have been convicted of violations concerning the operation of a motor vehicle while under the influence…

A Filipino and his U.S. citizen wife came to my office recently for a consultation. They drove several hours to see me in person. He came to my office crying, and begging me to accept his case. But I advised him to wait until there would be further changes in law. He is not eligible…

PRES. Trump is fiercely opposed to family “chain migration” and wants to limit family petitions to spouses and minor children of green card holders or U.S. citizens.  He wants to eliminate petitions for parents (IR), married (F-3)  and adult single children (F-1), and  siblings  (F-4) of U.S. citizens, and adult unmarried children of green card…