IF a person is ever caught in a fi xed 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,…
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 are justifiably afraid and concerned about their future in America once Donald Trump becomes president. When he kicked off his campaign, he stated his intention to deport the approximate 11 million illegal aliens who are in the US. He later changed his position to focusing on the approximate 3 million he referred to…
DEAR Atty. Gurfinkel: I entered the U.S. on a C–1 transit visa, but I am not a crewman, nor was I joining any ship. I was simply passing through the U.S. to another country. However, I remained in the U.S. and am out of status. I just got married to a U.S. citizen, and was…
AN important part of Christmas is buying gifts for loved ones. 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 “sharing one’s blessings.” However, many Filipinos forget about what could…
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 statements about deporting millions of illegal aliens and getting tough on immigration, many people are scared, anxious, and worried about their future in America. They are mystified at the complex immigration laws, and may be totally unaware of their rights, possible immigration benefits, waivers, or…
After Donald Trump was elected president of the United States, many people became fearful, anxious, and nervous about their future in America. After all, he started his campaign by stating he wanted to deport ALL of the approximate 11 million undocumented immigrants in the U.S. He recently modified that position, by stating he wants to…
AFTER Donald Trump was elected president of the United States, many people became fearful, anxious, and nervous about their future in America. After all, he started his campaign by stating he wanted to deport ALL of the approximate 11 million undocumented immigrants in the US. He recently modified that position, by stating he wants to…
THANKSGIVING is when people take a 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…
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…
People are justifiably concerned, anxious, and even terrified over Donald Trump’s proposed plan to deport the approximate 11 million undocumented immigrants in the US. However, let’s remember that the executive branch does NOT pass laws, nor is the president in charge of funding or the budget. Those powers, duties, and functions belong to Congress, as…
(Part 3) FOR many people, attaining US citizenship is the final step in achieving their “American Dream.” After getting a green card, they eagerly count off the years until they are finally eligible to apply for naturalization. However, for some people, applying for citizenship could cause problems, issues, and even being stripped of their green…
(Part 2) FOR many people, attaining US citizenship is the final step in achieving their “American Dream.” After getting a green card, they eagerly count off the years until they are finally eligible to apply for naturalization. However, for some people, applying for citizenship could cause problems, issues, and even being stripped of their green…
(Part 1) FOR many people, attaining US citizenship is the final step in achieving their “American Dream.” After getting a green card, they eagerly count off the years until they are finally eligible to apply for naturalization. However, for some people, applying for citizenship could cause problems, issues, and even being stripped of their 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…
THERE have been many people who claim non-citizens are registering to vote in the upcoming elections, and their votes could affect the ultimate outcome of the Presidential election. These claims and accusations are unfounded, and there is no vast conspiracy to have non-citizens vote in the upcoming federal election. I realize there could be situations…
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 have moved several times and lost track of the documents; they got angry because their case was…
I HAVE previously written articles about the logistics and legality of Donald Trump’s plan to deport the approximate 11 million undocumented immigrants in the US. I would now like to offer him a humane, money – generating alternative: bring back Section 245(i)! Section 245(i) was a law that expired on April 30, 2001. It allowed…
PEOPLE are justifiably concerned, anxious, and even terrified over Donald Trump’s proposed plan to deport the approximate 11 million undocumented immigrants in the US. However, let’s remember that the executive branch does NOT pass laws, nor is the president in charge of funding or the budget. Those powers, duties, and functions belong to Congress, as…
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…
HILLARY Clinton and the Democrats push for comprehensive immigration reform, including a pathway to legalization for the approximate 11 million undocumented immigrants in the US. Of course, I’m fully in favor of comprehensive immigration reform. But as a starting point, could Hillary at least eliminate some of the harshest immigration laws ever enacted, which were…
A CORNERSTONE of Donald Trump’s “solution” to our immigration issues is to deport the approximate 11 million undocumented immigrants, “and let the good come back in.” I’m not quite sure if he’s talking about some form of “provisional waiver,” which is currently in effect, where certain people have to leave the US and apply for…
DEAR Atty. Gurfinkel: I entered the US under an assumed name. When I filed for adjustment of status, I had to file a fraud waiver (Form I – 601). Unfortunately, USCIS denied my fraud waiver along with my adjustment of status application. I am so depressed and want to know if there is anything I…
THE USCIS recently updated its Policy Manual on when a lawful permanent resident (LPR) is eligible to file for naturalization. The significant change is defining when the person is considered an LPR. The basic eligibility requirements include: • The applicant must be at least 18 years old. • The applicant must establish he or she…
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 married a US citizen after my child’s 18th birthday and am now a conditional resident. I know my husband and I need to file a joint – petition to remove conditions within 90 days of the expiration of my two – year conditional green card. I had hoped my husband could…
On July 29, 2016, the USCIS finally published their FINAL rule expanding eligibility for a provisional waiver of the 3\10 year bar. The rule will go into effect on Aug. 29, 2016. The expanded provisional waiver “expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the…
Dear Attorney Gurfinkel: I married a US citizen after my child’s 18th birthday and am now a conditional resident. I know my husband and I need to file a joint – petition to remove conditions within 90 days of the expiration of my two – year conditional green card. I had hoped my husband could…
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…
