PRESIDENT Donald 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…
DEAR Attorney Gurfinkel: I was petitioned in November 2006 as a single adult child of my immigrant (green card) parent, in the F-2B category. I waited many years, and in November 2017, the embassy scheduled my interview for January 2018. I went ahead and had my medicals, paid all the fees, and submitted all 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…
SEVERAL years ago, Filipina nurses had a fast track to green cards, as their priority was “current”. They could be immediately petitioned by hospitals or medical facilities for green cards and obtain work authorization even if they arrived as tourist. Those days are gone. Now, because of the wait for a green card, hospitals are…
ON January 31, 2018, USCIS announced a change in policy for scheduling affirmative asylum interviews. They will follow a “last in, first out” interview schedule, meaning the newest asylum applications will be pushed up to the front of the line and interviewed first. The reason for this policy is to “identify frivolous, fraudulent or otherwise…
DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my adult single child in June 2015 in the F-2B category. When I recently checked the USCIS website for processing times, it shows they’re processing F-2B petitions filed in late May 2015. Does this mean my adult child will be eligible for his green…
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…
CALIFORNIA has become the first state in the nation to be a “sanctuary state.” This means California will not cooperate fully with the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), in apprehending illegal aliens or in connection with enforcing immigration laws. However, this does NOT mean people who are out of…
Pres. Trump wants to eliminate “chain migration,” which allows people to petition extended family members, such as brothers and sisters, married children, adult (over 21) children, and even parents. The only family-based petitions that would remain would be for spouses and minor children of U.S. citizens or green card holders. The president further wants to…
PRESIDENT Trump wants to eliminate “chain migration,” which allows people to petition extended family members, such as brothers and sisters, married children, adult (over 21) children, and even parents. The only family-based petitions that would remain would be for spouses and minor children of U.S. citizens or green card holders. The president further wants to…
AN important part of Christmas and New Year is buying gifts for loved ones and making resolutions for the coming year. Filipinos are busy filling their balikbayan boxes with pasalubong, to send to their families “back home.” The pasalubong may consist of clothes, food items, electronics, or other useful items, given as a way 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…
ELIGIBILITY for benefits under Section 3 of the Child Status Protection Act (CSPA) is based on a mathematical formula, where you subtract from the child’s age the length of time it took USCIS to process and approve the petition. You take the date the petition is filed, and the date it was approved. How long…
FOR almost all immigration benefits, you should save and preserve documents to establish eligibility for that particular benefit. Many people state that, for one reason or another, they no longer have documents relating to their immigration history. They moved several times and lost track of the documents; they got angry because their case was denied…
MANY Filipinos consult with me saying they are sad, lonely, and depressed over their immigration situation, and just want to give up, and go back to the Philippines. Many of them came to the U.S. years ago, leaving behind a spouse and small children. Because of their immigration situation, they are unable to travel back…
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…
F-1 and F-2B retrogress! THE December 2017 priority dates bring bad news for those Filipinos petitioned as adult single children of US citizens (F-1) or green card holders (F-2B). • For single adult children of US citizens (F-1), the priority date will retrogress (move backwards) approximately two years (from January 1, 2007 back to January…
DEAR Attorney Gurfinkel: I have been out of status in the U.S. since 2010. I’ve been separated from my husband since 2003, and he already has another family in the Philippines. I have a boyfriend here in the U.S., and we have been living together for about two years. We’re planning to get married, but…
SINCE about 2004, USCIS had a policy that if an initial H-1B petition was approved, and the alien later applied for an extension, the officer adjudicating the extension was to show deference (respect for another person because of that person’s knowledge, experience, etc.), except in the limited circumstances where the officer processing the extension determined…
ON October 12, 2017, several passengers aboard a domestic Delta flight from San Francisco to New York, filed a lawsuit against U.S. Customs and Border Protection (CBP), alleging a violation of their Fourth Amendment rights against illegal search and seizure. According to the allegations/claims in that lawsuit, on February 22, 2017 CBP stopped and searched…
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…
ORDINARILY, there is no appeal process for visa refusals at the Embassy. Under the doctrine of “consular non-reviewability,” a person cannot even sue the embassy or appeal their visa refusals in U.S. federal courts. The U.S. Supreme Court ruled the Embassy is not even required to provide a “detailed explanation” of the reasons for the…
A POPULAR segment on my weekly immigration television show, “Citizen Pinoy”, is “Your Tanong, My Sagot”, where people ask immigration questions on a variety of subjects, and I offer my advice and guidance. Here are a sampling of questions from Filipino viewers, which may also be helpful to you: Question: I am a Filipino citizen,…
(Part 2) In a previous article, a reader, who was scheduled for his visa interview, asked about some of the things which could trigger suspicions or investigations by the Embassy, and how a person could best avoid having his case looked upon with suspicion. This article discusses additional suspicious situations. If you can avoid these…
One of the most technical rules on visa fraud focuses on a person misrepresenting his or her intent when applying for certain nonimmigrant visas or when entering the United States. If a person is applying for a visitor’s visa, they are effectively representing to the consul their intent in coming to the United States 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…
On September 5, 2017, Atty. Gen. Jeff Sessions announced Deferred Action for Childhood Arrivals (DACA) is being rescinded or canceled. DHS also issued a memo and FAQ’s, further detailing the winding down of DACA. However, there is a six-month “grace period” until March 5, 2018, in order to give Congress the opportunity to pass legislation…
(Part 1) DEAR Atty. Gurfinkel: I have waited for over 12 years for an interview on my approved family petition. I am very nervous about the upcoming interview and I am having trouble sleeping because of all the stories I hear from friends and relatives about how hard it is. I want this interview to…
THERE are many myths and misconceptions about immigration law, which are simply not true. People may receive “advice” from consultants, or well-meaning friends or relatives, which is wrong. Following these myths, misconceptions and advice could have devastating effects on a person’s immigration case or result in years of delays. Here are some of the more…
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…
