The June 2014 Visa Bulletin indicates that the priority dates for the F-2A category (spouse\minor children of immigrant) will retrogress (move backwards) from September 8, 2013 to May 1, 2012. That means that people with F-2A priority dates that are AFTER May 1, 2012 will NOT be able to adjust status or be issued an…
Many in the LGBT community (in the pre-Windsor era) were placed in removal/deportation proceedings and were ordered removed/deported. This is because they had no “form of relief” available for them at the time of their hearing—meaning they had no way to get a green card, resulting in the immigration judge (IJ) ordering their removal. This…
On May 6, 2014, the Department of Homeland Security (DHS) announced a proposed rule allowing spouses of certain H–1B workers to apply for employment authorization. Under existing regulations, H-4 spouses are not allowed to work. If this rule becomes final, these spouses of H-1 holders could apply for work authorization. In its press release, DHS…
Dear Atty. Gurfinkel: I am out of status, but my employer filed a labor certification for me in 2006. The I-140 petition was approved, and the priority date is now current. I want to file for adjustment of status and get work authorization right away, but am being told I need to wait for an…
Several Filipino teachers, especially on the East Coast, have come to me for consultation, after the USCIS denied their national interest waiver (NIW) petitions. Apparently these teachers were initially petitioned by a school or school district for an H – 1B visa and came to the US, excited about teaching students in the US. They…
Dear Atty. Gurfinkel: Years ago, I entered the US under a different name but have been law-abiding and paying my taxes since then. My child, who was born in the US, will be celebrating his 21st birthday soon. I would like my child to petition me so I can finally get a green card. …
The May 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
Although some same – sex couples, like many opposite sex couples, may think they can file and handle the case on their own, I would strongly suggest they seek the advice, assistance, and representation of an attorney. When the US Supreme Court struck down the Defense of Marriage Act (DOMA), their ruling enabled same-sex…
Dear Atty Gurfinkel: My American Citizen sister would like to petition me, but it would take many, many years to get a green card through a family petition. She also has a very successful business and would like to petition me as her employee through an employment based petition. Is there anything wrong or illegal…
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 that a grandchild or “given” child (whom they…
The April 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
Recently, a young woman came to my office for a consultation after USCIS denied her naturalization application. The reason? Her mother immigrated to the US as “single” but was secretly married. The mother concealed this marriage to the US Embassy years ago, when she (and this child) applied for their immigrant visas, and the mother…
USCIS has defined “nationals” as persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad”). Dear Atty Gurfinkel: Years ago, when I applied for a job, the employer asked me to fill out several documents, including an I-9 (Employment Eligibility…
In previous articles, I wrote about the possibility of Filipinos being granted Temporary Protected Status (TPS), as a result of the devastation caused by Typhoon Yolanda. Although the Philippines has not yet been designated for TPS, I would like to update you on developments. By way of background, TPS is available for people who are…
The March 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
On January 30, 2014, the House GOP released its “Standard for Immigration Reform,” which proposes to allow undocumented immigrants to legally live and work in the US, if they “come forward and get right with the law” and are “willing to admit their culpability.” They must also pass a “rigorous” criminal background check, pay “significant”…
(Part 2) In a previous article, I discussed various forms of immigration relief and benefits that are available now, which you (or your children) could be eligible. Here are some more of the now – existing benefits available, while waiting for CIR: Provisional Waiver (PW) Certain people are not eligible to adjust status in the…
(Part 1) All of us are hopeful that, in the upcoming year, Congress will pass some form of comprehensive immigration reform (CIR) that could eventually lead to legalization and citizenship for the millions of undocumented people in the US. However, I must emphasize that, at the present time, there is no immigration reform, so there…
If you are being petitioned by an American spouse, and are in the US but desperately want to go home to visit your family, or if you are a US citizen petitioning a spouse who is in the Philippines, USCIS is now “proactively” or actively going through their Filipino cases in order to expedite immediate…
THE February 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
Whenever a person applies for an immigration benefit, it is up to that person to prove his or her eligibility. What many people don’t know or realize is that the standard of proof could be critical in establishing eligibility. If the wrong standard of proof is applied by the USCIS, then a case that should…
In a previous article, I wrote about the possibility of Filipinos obtaining Temporary Protected Status (TPS) as a result of the devastation caused by Typhoon Yolanda. TPS is available for people who are already in the US, but conditions in their home country (such as armed conflict, hurricanes, earthquakes, or typhoons), make it difficult for…
THE January 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
As long as a person has driver’s license, his name will be listed on DMV records, and his name could come up for jury selection. Dear Atty. Gurfinkel: I just received a jury summon from the County Courthouse, but I am in illegal status (TNT). How did they get my name and address? Do I…
The December 2013 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is?phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
Temporary Protected Status (TPS) is available for people who are already in the US, but conditions in their home country (such as armed conflict, hurricanes, earthquakes, or typhoons), make it difficult for them to return safely. If a particular country is designated for TPS, then citizens of that country could receive temporary relief from deportation/removal,…
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…
On November 15, 2013, the US Citizenship and Immigration Services issued a Policy Memorandum (“PM”) concerning “parole in place” for people who entered the US without inspection and are the spouse, child, and/or parent of those who are on active duty, reservists, or veterans (Armed Forces personnel). In other words, certain relatives of Armed Forces…
Typhoon Yolanda has dominated the world’s news, with shocking images of the devastation and destruction of this horrible typhoon. Even now, people are still homeless, without adequate food, water, shelter, medical supplies or care. Some are forced to sleep next to the bloated bodies of those killed during the typhoon. Newscasters and world leaders have…
I HAVE been watching and reading news stories about the horrific devastation and destruction of Typhoon Haiyan. As I write this, the death toll is rising and the extent of the destruction mounts. It was one of the strongest Typhoons ever, some people saying it was even stronger, and lasted longer, than Hurricane Sandy or…
