ON August 2, 2017, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced the Reforming American Immigration for a Strong Economy (RAISE) Act, which would create a skills-based immigration points system, reduce the number of family-based immigrants, and void many existing family-based petitions. Pres. Trump has wholeheartedly endorsed and supported this proposal, but we have…
Dear Atty. Gurfinkel: I just received a jury summon from the County Courthouse, but I am in illegal status (TNT). How did they get my name and address? Do I have to serve on a jury? Will Immigration be able to track me down? Will I be reported to Immigration? How can I get out…
ON July 20, 2017 Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced a bipartisan bill (supported by Democrats and Republicans), called the Dream Act of 2017, which would provide a pathway to lawful permanent resident status to young people brought to the U.S. at an early age. The Dream Act would differ from Deferred…
ONE of the cornerstones of U.S. constitutional law is “equal protection”. That means people in similar situations should be treated the same. There should be no favoritism, such as on the basis of sex\gender. Men and women should be treated equally under the law. In a recent Supreme Court decision, Sessions vs. Morales-Santana, the Supreme…
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 WANT to warn Filipinos about fake news reports that Pres. Trump had signed an executive order allowing Filipinos to travel to the United States without visas for 30 days. This is false. There have been no changes in US policy concerning eligibility for visitor visas. Filipinos must obtain a visitor’s visa to come to…
DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my wife and children. I know it will take a few years until the priority date on their petition becomes “current,” enabling them to be processed for their immigrant visas. Would there be a problem if I move back to the Philippines to live,…
RECENTLY, a person came to my office for consultation after her adjustment of status application (based on marriage to a US citizen) was denied due to fraud. She had entered the US on a transit visa (C-1), but was not a crewman. Therefore, she was otherwise eligible to adjust status. The problem is she went…
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 July 29, 2016, the USCIS published its FINAL rule, expanding eligibility for a provisional waiver of the 3\10 year bar. The expanded provisional waiver now includes “all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility.” This includes people who have a spouse or parent who is a…
Marrying a U.S. citizen is one of the fastest and most commonly known ways to obtain a green card. It is also subject to much fraud and abuse, where people will enter into a marriage of convenience with a U.S. citizen solely for immigration benefits. The U.S. citizen might be a friend willing to do…
IF a person commits certain immigration violations (such as fraud, or overstaying in the US for over six months and then departs, 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…
DURING Pres. Trump’s candidacy, and after he was elected, he stated that among the ways he would combat terrorism would be through “extreme vetting,” which would include a “rigorous evaluation” of visa applicants to determine if they support terrorism. Recently, the State Department listed possible additional questions for visa applicants who have been determined to…
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 came to the US under a different name on a visitor’s visa. The passport and visa had my picture, but somebody else’s name. I still have that passport. I recently married a US citizen for love, and hope to get a green card. Is there hope for me, since I entered…
DEAR Atty. Gurfinkel: Before I was 16 years old, I was adopted and petitioned by my aunt, and got my green card through her petition. I am now a US citizen, and would like to petition my biological mother. Is that possible? Very truly yours, B.N. Dear B.N.: When a child is adopted before their…
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 legal permanent residents (LPR or green card holders) mistakenly believe only U.S. citizens can petition family members. Even after they obtain their green cards, they still wait many years until they finally become citizens, before they petition family members. This belief is WRONG! LPRs are able to petition the following family members: • Spouse…
MANY legal permanent residents (LPR or green card holders) mistakenly believe only US citizens can petition family members. Even after they obtain their green cards, they still wait many years until they finally become citizens, before they petition family members. This belief is WRONG! LPRs are able to petition the following family members: • Spouse…
DEAR Atty. Gurfinkel: I overstayed my visa, and am now out of status (TNT). I’m living in California, and want to visit my relatives on the East Coast. I’m afraid of flying, because they have immigration officers at the airport, and I’m concerned they will just pick me up at the airport and deport me…
AN open letter to the president: Dear Pres. Trump: BEFORE you were elected president, you were one of the world’s premier builders. Your buildings fill the New York City skyline, and skylines of so many other cities within the US and around the world. Before starting a building project, you naturally obtained cost estimates from…
A PROVISIONAL waiver can benefit certain people who are not eligible to adjust status in the U.S. These people include: • Crewmen without the benefit of section 245(i), which was a law that expired on April 30, 2001, allowing crewmen and others to still adjust status in the US if they were petitioned before that…
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…
WITH the election of Donald Trump as president, and his pledge to fulfill his campaign promise of enforcing immigration laws (with news reports of immigration raids throughout the country), many people are anxious and\or terrified about their future in the US. Many of my clients have been calling asking whether they have to open 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…
US Immigration and Customs Enforcement (ICE) have taken into custody a 23-year-old man brought to the US as a young child, but had applied for, and was GRANTED, Deferred Action for Child Arrivals (DACA), with his work permit valid until 2018! This was one of the first times a DACA applicant has been taken into…
SINCE becoming president, Donald Trump has issued over 20 executive orders (EO) on a wide variety of topics and issues, including immigration. So far, there has not yet been an Executive Order concerning the future of Deferred Action for Child Arrivals (DACA). However, there have been several draft or leaked memos, which eventually became executive…
ON January 27, 2017, President Trump issued an Executive Order (EO) on “Protecting the Nation from Foreign Terrorist Entry into the United States.” Among the EO’s more controversial provisions are: • a 120-day hold on allowing refugees into the country; • an indefinite ban on refugees from Syria; and • a 90-day bar on citizens…
On January 25, 2017, President Trump issued an executive order on “Enhancing Public Safety in the Interior of the United States.” In that executive order, he lists those people who would now be considered “enforcement priorities,” and would be put on the top of the list for deportation/removal. It is truly a scary and chilling…
DEAR Atty. Gurfinkel: I entered the US in 2005 under a different name on my passport and visitor’s visa. I recently married a US citizen, who petitioned me. This was the first time that any petition had ever been filed for either my family or me. When I filed for adjustment of status (Form…
