THERE has been much undeserved criticism and condemnation hurled at USCIS and consular officers over issuing a fiancée (K – 1) visa to the female terrorist in the San Bernardino shootings. I would like to offer my defense of those officers, as I do not believe the USCIS and consular officers should be faulted. However,…
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…
(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…
ORDINARILY, when a person commits fraud or makes a misrepresentation in connection with applying for an immigration benefit, the person is required to file a fraud waiver (Form I – 601). However, in some cases, even when a person does make a misrepresentation, a fraud waiver may not necessarily be required. In one of our…
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…
In October 2015, the State Department and Department of Homeland Security announced a new format for the monthly priority dates. The monthly Visa Bulletin would now have TWO charts: the Dates for Filing Visa Applications chart; and the Final Action Dates chart. (The Final Action Date chart is the old priority date chart from previous…
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…
IF a person marries a US citizen before their child’s 18th birthday, the US citizen can also directly petition the person’s child (as the US citizen’s stepchild). There is no need for the US citizen to adopt the person’s child to establish a “petitionable relationship.” I’ve come across many situations where a person married a…
ONE of the most important requirements for naturalization is that an applicant must maintain residency in the US for the five years before filing a naturalization application. The person should have been physically present in the US for at least half of the 5 years prior to filing, and should not have been outside the…
IF a person commits certain immigration violations (such as fraud, or overstaying in the US for over six months and then departing, etc.), the person may not be eligible to receive a green card, unless the person applies for, and is granted, a “waiver of inadmissibility” on a Form I – 601. To be eligible…
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 was petitioned by my US citizen father, and after waiting for over 15 years, I was finally interviewed and just received my immigrant visa, which was delivered by the Embassy’s courier. The immigrant visa is valid for several months. Would there be a problem if I remain in the Philippines for…
UNDER US immigration laws, if a non-citizen commits and/or is later convicted of certain types of crimes that person could be removed/deported. This is the case even if a person has been a green card holder for many years or later had the conviction expunged. I have encountered people charged with crimes who either handled…
A COUPLE came to my office for a consultation who was in tears and panic because their “American Dream” was crumbling around them. They are already permanent residents (green card holders), but just received a notice that the USCIS was intending to revoke their green cards! The reason? They had a fraudulent employment petition, based…
STARTING in October 2015, the Department of State (DOS) and the USCIS will utilize a new format for priority dates. (I posted those priority dates already on my website).There will be two separate charts (or priority dates) for people to follow or monitor: • Dates for filing applications (earliest date when a person may 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…
There have been many tragic situations where people were duped into applying for immigration benefits to which they were not entitled. Unscrupulous immigration consultants promise work permits, green cards, and other immigration benefits to people who are eager to work in the U.S. and send money back home. Only later do they find out they…
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…
” As you can see, by terminating the loveless marriage legally, it could result in your priority date already being current in the F-1 category, instead of waiting for years for the F-3 category to be current.” DEAR Atty Gurfinkel: Years ago, my US citizen parent petitioned me as a married child (Category F –…
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…
WHENEVER a person commits fraud in obtaining an immigration benefit (such as entering the US under a different name, using bogus documents, applying for benefits to which they are not entitled, etc.), the person is typically required to file a Form I – 601, waiver of inadmissibility, or fraud waiver. To be eligible to apply…
THE USCIS has published a proposed rule expanding eligibility for a provisional waiver of the 3\10 year bar. The expanded provisional waiver will include “all aliens” statutorily eligible for the waiver. At present, only immediate relatives of US citizens (spouse, parents, and child) may apply for a provisional waiver of the 3/10 year bar, before…
The Second Circuit Court of Appeals recently ruled that an out of wedlock child’s Constitutional equal protection rights to derive US citizenship at birth were violated, when the law had much tougher requirements for children of US citizen fathers than the requirements for children of US citizen mothers. Under US immigration law, an out 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…
(For a good faith marriage) MOST people in love profess their 100 percent unconditional, eternal love of another person, with all of their heart and with all of their soul. For immigration purposes, their love need only be 51 percent to establish a bona fide, good faith marriage. This is because the standard of proof…
DEAR Atty. Gurfinkel: I received my green card through my employer’s petition, but the priority date on my petition suddenly retrogressed (went backwards) before I was able to bring my family from the Philippines. In fact, in just a few short months, the priority date retrogressed from October 2014 all the way back to January…
IN November 2014, President Obama announced he was implementing various immigration executive actions, including Deferred Action for Parental Accountability (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA). These programs would enable certain children brought to the US before age 16 and certain parents of US citizen or immigrant children to obtain relief from deportation…
The Supreme Court recently ruled, in Kerry v. Din there is no constitutional “due process right” for the spouse of a US citizen to immigrate to America. The US citizen wife claimed the government did not provide an adequate explanation why her husband’s immigrant visa was refused and violated her constitutional right “to live in…
THE July 2015 Visa Bulletin continues to provide disappointing news for Filipinos, as the priority dates in the employment based categories (EB-3 and Other Workers) retrogressed (moved backwards) yet again, and are now “unavailable”. This means all EB-3 and OW’s will no longer be eligible to adjust status or receive an immigrant visa, unless and…
