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 most cases, in order for a person to adjust status (obtain a green card) in the U.S., the person must prove he or she was “inspected and admitted” by an immigration officer at the airport or border (port of entry). This means that the person presented himself to an immigration officer who reviewed his…

ORDINARILY, there is no appeal process for visa refusals. Under the doctrine of “consular non- reviewability”, a person cannot even sue or appeal their visa refusals in US federal courts. The US Supreme Court ruled last year that the Embassy is not even required to provide a “detailed explanation” of the reason for the visa…

DESPITE having only limited knowledge or understanding of immigration laws, some people attempt to strategize and handle their immigration case on their own. They follow the advice of friends or relatives or listen to gossip or rumors they hear on the streets or at parties. Partial or incomplete information about immigration law and benefits can…

FAMILY based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I – 864) in order for the beneficiary to adjust status or obtain an immigrant visa. The petitioner must be domiciled (or living) in the US to…

FAMILY based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I – 864) in order for the beneficiary to adjust status or obtain an immigrant visa. The petitioner must be domiciled (or living) in the US 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: When I filed for adjustment of status, USCIS said I committed fraud when I entered the US under an assumed name. They required me to file a Form I – 601 (Waiver of Inadmissibility), which they denied, stating that my spouse would not suffer enough “extreme hardship”. My lawyer appealed my case…

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…

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…

BEGINNING on June 8, 2016, certain family members of Filipino World War II veterans may apply to come to the US (through “humanitarian parole”) and wait in the US until the priority date on their family based petition becomes current. This program, announced on May 9, 2016, is called the Filipino World War II Veterans…

MANY people were ordered removed/deported “in absentia” (in their absence) because they did not appear at their removal hearing. However, if they were not properly notified of the hearing date, there could be hope to have the case reopened and have the removal/deportation order canceled. By law, an alien must provide the government with their…

Dear Atty Gurfinkel: I HAVE been a green card holder for many years.  Several years ago, I was convicted of a crime.  I served the sentence and even had the conviction expunged (or “erased” from my record.)  I would like to take a brief vacation to the Philippines to visit my family and friends.  Do…

Decision expected by June 2016  ON April 18, 2016, the US Supreme Court heard oral arguments from Texas and other states, as well as the Obama administration, concerning President Obama’s November 2014 Executive Action for DAPA and expanded DACA, which would enable qualified\eligible parents of US citizens and green card holders to obtain work authorization…

ON April 18, 2016, the US Supreme Court heard oral arguments from Texas and other states, as well as the Obama administration, concerning President Obama’s November 2014 Executive Action for DAPA and expanded DACA, which would enable qualified\eligible parents of US citizens and green card holders to obtain work authorization and be protected against deportation….

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 may be guilty of attempted “alien smuggling” and not even realize it. They may also be totally unaware of the harsh or drastic consequences to themselves and the rest of their family if they are caught.  A person could be committing alien smuggling by claiming a grandchild or “given” child (whom they raised…

EVERYONE is familiar with Starbucks coffee houses, which are located on virtually every street in every city. In some cases, there may be four Starbucks coffee shops on each of the four corners of an intersection. In other words, Starbucks has locations everywhere. Some people have the impression that in choosing an attorney to handle…

SOME people, with only limited knowledge or understanding of immigration laws, try to strategize and handle their immigration case on their own. They follow the advice of friends or relatives, or listen to gossip or rumors they hear on the streets or at parties. But they may not be aware of all the critical facts…

WHEN the US Supreme Court struck down the Defense of Marriage Act (DOMA), their ruling enabled same-sex couples to marry and, for immigration purposes, to petition one another for green cards. However, what happens if one partner is a US citizen, living in the US, and the partner is living in the Philippines?  To file…

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, desiring to save money, try to handle their immigration matters on their own, rather than hiring an attorney. They may have a relative in the Philippines being processed for an immigrant visa, and when they have any questions, they call or email the National Visa Center (NVC) for advice and guidance on what…

MARRIAGES are usually governed by the laws of the place of celebration. In the Philippines, the Family Code deals with the validity, invalidity, and termination of local marriages.  Despite these laws, some people “invent” their own marriage laws, based on gossip, rumors, hearsay, or statements from friends, relatives or barangay captains.  However, this can be…

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…

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 received my green card through my employer’s petition, but the priority date on my petition retrogressed (went backwards) before I was able to bring my family from the Philippines. I have now been waiting several years, and the priority date is moving forward so slowly. Is there any other, or faster,…

IF, years ago, you were petitioned by an employer, and that employer’s petition (Form I -140) was approved, but you never received a green card from that case, a new employer could  petition you, and you could possibly have the old priority date transferred to the new case. This could save years of waiting time…

ON January 19, 2016, the US Supreme Court agreed to review the legality of President Obama’s executive action, which he announced in November 2014, of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and expanding the existing Deferred Action for Childhood Arrivals (DACA). Those programs would have halted the deportation/removal of millions…

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 January 4, 2016, the USCIS announced that people should NOT submit original documents (such as birth certificates, marriage certificates, divorce decrees, photographs, naturalization certificates, etc.) to USCIS with any application or petition unless: • the instructions for that form require you to submit original documents at the time of filing; or • after you…