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 most cases, in order for a person to adjust status (obtain a green card) in the US, 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…
IT IS estimated there are over 11 million undocumented immigrants in the US. Many hard-lined Republicans believe the solution to our immigration problem is to deport everyone in the US who is out of status or undocumented. Even Mitt Romney, when running for president, believed that the undocumented should “self deport”, meaning voluntarily go back…
The December 2014 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….
Immigration attorneys can handle immigration cases anywhere throughout the US. This is because immigration law is federal law, as opposed to state law. Therefore, even if an attorney’s office is in California, and the client is in Florida, the attorney can still represent that person. Everyone is familiar with Starbucks coffee houses, which are located…
Dear Atty. Gurfinkel: I was petitioned by an employer for an H-1B visa, which was issued in Manila, and I arrived in the US in September 2012. Although my H-1B visa is valid until August 2015, the immigration officer at the airport issued my I-94 (arrival/departure record), giving me only until November 2014. If the…
On January 1, 2015, the California Department of Motor Vehicles (DMV) will begin issuing driver licenses to undocumented California residents under Assembly Bill 60 (AB 60). Under the previous law, in order for a person to obtain a California driver license, he or she had to prove his or her identity and that they were…
The November 2014 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….
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 am out of status, but my employer filed a labor certification for me in 2010. The Department of Labor has already certified my labor certification, and the USCIS has approved my employer’s I-140 petition. The priority date on my case is now current, and I want to file for adjustment of…
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…
The October 2014 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….
After promising more “executive action” by the end of September 2014, President Obama caved in to political pressure, and said he would delay taking any further “executive action” until after the November 2014 midterm elections. Latino and other immigrant groups are furious. They feel betrayed that their votes and support are being taken for granted….
Filipinos are well-aware that it takes years and years to bring family members to US through some family-based petitions. A petition by a brother or sister could take up to 25 years! What many don’t realize is that a family member may be petitioned for an employment- based green card through labor certification or PERM….
In its annual report to Congress, the CIS Ombudsman (CIS OMB) issued a critical report on the way the USCIS has been handling and processing requests for humanitarian revalidation. They have also singled out the California Service Center’s Humanitarian Revalidation Unit for “special mention.” (Created in 2002 by Congress, the Office of the Citizenship and…
Recently, I opened an online account at my pharmacy, so the doctor could already send the prescription(s) via internet. Within seconds of applying, the online application generated several multiple-choice questions, which served to “verify my identity.” Among the questions were: • Which of the following streets have you never lived or used as your address?…
The September 2014 Visa Bulletin continues to provide great news for Filipinos petitioned as single children of US citizens (F-1), as the priority date moved forward from June 1, 2004 to August 1, 2004. Workers petitioned in the third preference (professional/skilled worker) and other (unskilled) worker categories, also had a tremendous leap, in that the…
While it is true that some people “got away” with fixed marriages, a person is taking a big risk in trying to do so, because, if caught, it results in a lifetime ban. Some people believe they are FAMAS-awardee actors or actresses when it comes to being interviewed by the USCIS for a fixed marriage….
According to news reports, President Obama is considering executive action to let millions of undocumented immigrants obtain work permits and allow them to stay in the US “legally,” without threat or fear of removal/deportation. The announcement of a large-scale action will most likely take place in September 2014. Since the GOP-controlled Congress failed to pass…
Dear Atty. Gurfinkel: Years ago, I was petitioned by my US citizen father. The priority date is current, but our family has not received any papers in connection with processing my visa. During the many years I was waiting for the visa, my father and I moved, and we are no longer living at the…
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…
The substitute sponsors include spouse, parent, mother-in-law, father-in-law, brother or sister, child, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. 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…
Employment based EB-3 and OW also advances The August 2014 Visa Bulletin provides great news for Filipinos petitioned as single children of US citizens (F-1), as the priority date move forward from January 1, 2003 to June 1, 2004. Workers petitioned in the third preference (professional/skilled worker) and other (unskilled) worker categories, also had a…
On June 27, 2014, the USCIS published a Policy Memorandum (PM) which could provide new hope for children who may have been eligible for benefits under the Child Status Protection Act (CSPA), but missed the one-year “sought to acquire” deadline for pursuing a visa. If the child missed that filing deadline due to “extraordinary circumstances,”…
It is hard to believe that it is already time for many young people to renew their eligibility under Deferred Action for Childhood Arrivals (DACA), which grants relief from deportation/removal and work authorization in two-year increments. Hundreds of thousands of young people took advantage of this marvelous program when it was first introduced in August…
In a long-awaited decision, the US Supreme Court recently ruled that the only aged-out children who can retain (and convert) their original priority date under the Child Status Protection Act (CSPA) are those who were petitioned by a lawful permanent resident (LPR) parent in the F-2A category (minor child of LPR), either as a direct…
The July 2014 Visa Bulletin provides great news for Filipinos petitioned in the third preference (professional/skilled worker) and other (unskilled) worker categories, in that the priority date moved forward one year, from January 1, 2008 to January 1, 2009. Therefore, if your employer filed your labor certification case before January 2009, you may be eligible…
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…
Recently, a woman consulted with me about her brother’s immigration situation. Years ago, their father petitioned both of them while their father was still an immigrant. The father later naturalized, resulting in their petitions being “automatically converted” from single adult child of immigrant (F –2B) to single adult child of US citizen (F – 1)….
When a person is placed in removal/deportation, they typically go in front of the immigration judge (IJ) to demonstrate why they should not be deported or removed, such as they are immediately eligible for a green card (through an approved petition by a citizen spouse, or other petition with a current priority date), they are…
