DEAR Atty. Gurfinkel: I am a US citizen (I got my green card through my US citizen husband), and I petitioned my mother. But she was denied at the Embassy because the consul said I am not her daughter. During her medical exam at St. Luke’s, the doctors were questioning her how I could be…
RECENTLY, a person came into my office in a panic, after his adjustment of status had been denied. With the denial, he faced the prospect of being placed in removal proceedings, since he was now out of status. However, I thought that he was entitled to a green card, and the United States Citizenship and…
ON February 13, 2017, the Seventh Circuit Court of Appeals (which is one level below the U.S. Supreme Court), upheld the deportation/removal of a green card holder because she registered to vote and voted in a U.S. election. This issue came up when she applied for naturalization. When asked by the court whether she was…
The June 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, all the way back to January 1, 2005. (In April 2015, the priority date was already at October 1, 2014. Then in May 2015, it…
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…
Dear Atty. Gurfinkel: I was petitioned by my parent as “single”, but while waiting for my petition, I got secretly married. After getting my green card as “single,” I returned to the Philippines, and married my spouse a second time, so as to cover up the first marriage. I was also convicted of some crimes…
Dear Atty. Gurfinkel: I have a 10-year multiple B-1/B-2 visa. I entered the US, and was given six months by the Immigration Officer at the airport but overstayed by only a few years. I would like to take a brief vacation to the Philippines, to visit my family, but I need to get back to…
7-Year retrogression for Filipino workers!!! THE May 2015 Visa Bulletin provides disappointing news for Filipinos, as the priority dates in the employment based categories (EB-3 and Other Workers) will retrogress (move backwards) over seven years, from October 1, 2014 all the way back to July 1, 2007. This means that starting May 1, 2015, people…
On April 7, 2015, the Fifth Circuit Court of Appeals dismissed a lawsuit challenging Pres. Obama’s 2012 original Deferred Action for Childhood Arrivals (DACA). This ruling is a good sign, because the very same Fifth Circuit Court of Appeals is set to hear an appeal of another lawsuit next week, which challenges the expanded DACA…
The USCIS recently issued warnings to the public about potential immigration scams. This is especially important in connection with President Obama’s November 2014 announcement of executive action, including expanding eligibility for Deferred Action for Childhood Arrivals (DACA) and the creation of a new Deferred Action for Parental Accountability (DAPA). Among the warnings are: On February…
There are US citizens and lawful permanent residents in the US who want to adopt and petition a child from the Philippines. In many cases, they adopt a relative’s child (such as an out of wedlock child of a niece, a grandchild, or a brother got his girlfriend pregnant, and the brother lets the couple…
Most green card holders may apply for US Citizenship after five years residence in the US. However, if married to an American, there is a special “fast-track” route to citizenship, where the green card holder or lawful permanent resident (LPR) may file for naturalization three years after obtaining his or her green card, instead of…
The Violence Against Women Act (VAWA) allows an alien spouse of a US citizen or green card holder to self-petition if they have been battered or subjected to extreme cruelty. The purpose of this law is to prevent the citizen or green card holder petitioner from holding the person “hostage,” either through physical or mental…
The April 2015 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. In fact, the priority date for workers has moved forward to October 1, 2014. Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the…
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,…
On February 24, 2015, US Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that starting May 26, 2015, spouses of certain H–1B workers may apply for employment authorization and be able to work in the US (Under current regulations, H-4 spouses are not allowed to work.). In its press release, USCIS noted that, “Allowing…
For the past several months, people have been frustrated with the delays and backlogs at the National Visa Center (NVC) concerning the processing of their (or their family member’s) immigrant visas. Some people are receiving NVC’s “60 day letter,” in which the NVC advises it has received “an increased number of approved petitions from the…
THE March 2015 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. In fact, the priority date for workers has moved forward to June 1, 2014. Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the…
An immigrant parent can never have a married child under petition. If the beneficiary gets married before he or she gets a green card (or before the petitioner naturalizes), the petition is automatically void upon the marriage, even if the child was ‘single’ when the petition was filed. Change in a person’s marital status could…
Dear Atty. Gurfinkel: I am out of status, but in 2006, my employer sponsored me for a green card through labor certification or PERM. The Department of Labor certified my application, and the USCIS approved my employer’s I-140 petition. However, my attorney keeps telling me I still need to “wait” for some kind of change…
Dear Atty. Gurfinkel: I have been out of status in the US for many years. During that time, I have missed many joyous and tragic occasions in the Philippines, such as graduations and weddings of my children, funerals, (my father died in the Philippines and I could not go back for the funeral) anniversaries, birthdays,…
Over the course of my practice, I have had people come to me for consultation on their immigration situation. They may have been out of status, were not “grandfathered” under Section 245(i), had no employer or family member to petition them, etc. But they did have a child born in America. So, the advice for…
The February 2015 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. In fact, the priority date for workers has moved forward to January 1, 2014!! Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the…
On December 9, 2014, President Obama attended a Town Hall meeting in Nashville Tennessee, where he answered questions from those in attendance and further explained the benefits of his recent Executive Action (EA). The full transcript of that town hall meeting can be found on the Internet at http://www.whitehouse.gov/the-press-office/2014/12/09/remarks-president-immigration-town-hall-nashville-tennessee. However, I will summarize some of…
After Pres. Obama announced Executive Action (EA) on November 20, 2014, many people asked whether a new Republican Congress can or will attempt to block those measures, especially Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA). In my opinion, once these programs are implemented, the Republicans cannot or will not…
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.” In fact, on November 20, 2014, President…
The January 2015 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. 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….
On November 20, 2014, President Obama announced Executive Action (EA) concerning immigration. While there are many aspects or changes brought about by his announcement, one of those changes is the creation of a new “Deferred Action for Parental Accountability” (or DAPA), which is similar to the benefit he announced in 2012, Deferred Action for Childhood…
Recently, the USCIS published 2014 statistics concerning filing of DACA applications, by the various countries. Although the Philippines has traditionally been one of the top-filing countries when it comes to immigration benefits, for some reason, Filipinos are not fully taking advantage of the marvelous immigration benefits presented through DACA. Those benefits include: • work authorization…
Many Filipino families are excited about President Obama’s announcement on November 20, 2014 concerning Executive Action (EA) which has, among other things, expanded Deferred Action for Childhood Arrivals (DACA), and now includes so many more young people. I know that when DACA first came out, many Filipinos were reluctant to come forward and apply. While…
