Dear Atty. Gurfinkel: I was able to receive my green card, but then 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,…
The November 2013 priority dates indicate that the F-2A priority date 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 for…
If you have ever filed a petition on behalf of a relative (i.e. a brother, sister, adult child, etc.), and then moved to a new home, you must notify the National Visa Center (NVC) of the change of address. If you don’t, how do you expect the NVC to know that you moved, so that…
Dear Atty. Gurfinkel: I divorced my first spouse in California, and then married an American citizen, who petitioned me for a green card, along with my child from my first marriage, as his “stepchild.” Although we are truly in love and everything went fine at our interview, I received a denial because the USCIS states…
Some people, desperate for a better future in America, rely on the help of unscrupulous immigration consultants, who promise to “solve” the person’s immigration problem, secure them a work authorization, get them a green card, or the like. These people pay their hard earned money, but may not even know or understand what the consultant…
If you obtained a green card through a fake job, you may already want to consider seeking the advice and guidance of a reputable attorney, to see if there is either a way to repair the damage, or to already consider your options and defenses if you should ever receive the same type of notice…
Dear Atty. Gurfinkel: My family and I came to the US before 2007, to make a better life and future for our children, who then were still under 16 years of age. We overstayed and are now out of status. I’ve read about Deferred Action for Childhood Arrivals (DACA), which may allow my kids to…
Dear Attorney Gurfinkel: I am a US citizen, and want to petition my husband, who is TNT. He came to the US from Canada, without any visa. He was sitting in the back seat of his cousin’s car, and when they came to the border, the immigration officer asked the cousin a few questions, and…
The October 2013 priority dates indicate that the F-2A priority date has retrogressed (or moved backwards), but by less than one month (to September 8, 2013), which is almost the same as being “current.” Despite this minor retrogression, it is still phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That…
The Board of Immigration Appeals (BIA) has ruled that a parent who naturalized after his or her child’s 21st birthday destroyed that child’s eligibility for benefits under the Child Status Protection Act (CSPA). Therefore, if you believe that your child may be eligible for benefits under the CSPA, you should seek the advice of an…
Most people immigrate to the US in order to make a better life and future for their children. Therefore, it surprises me when some people take such risks and chances in connection with their children’s immigration situation. Even though the parent may have had the opportunity to bring their child to the US long ago,…
When the green card holder naturalizes, the F-2A petition automatically converts from F-2A (spouse/minor child of green card holder) to “immediate relative” (spouse/parent/child of US citizen). Petitions by US citizens of immediate relatives (spouse, minor child, parents) allow only one beneficiary per petition. Dear Atty. Gurfinkel: While I was still an immigrant, I filed…
The September 2013 priority dates have 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 for adjustment of status and work authorization, if they are in the US, and are otherwise eligible! That is the case…
Recently, the Department of State (DOS) issued a cable, providing guidance to the embassies around the world on how to handle immigration cases involving same-sex couples. This means that US embassies must follow the DOS’s cable or guidance. Among the matters discussed in that cable are that, “Beginning immediately, consular officers should review visa applications…
On the heels of the US Supreme Court’s decision in US vs. Windsor (which struck down DOMA’s definition of marriage as being a legal relationship between one man and one woman), the Board of Immigration Appeals (BIA) issued a precedent (or binding) decision on July 17, 2013 (Matter of Zeleniak), confirming that same-sex couples are…
Almost immediately after the US Supreme Court declared the Defense of Marriage Act (DOMA) unconstitutional, both Secretary of State John Kerry and Secretary of Homeland Security Janet Napolitano, pledged their full support in providing same-sex couples the very same immigration benefits available to opposite-sex couples. Sec. Kerry, whose department oversees embassies and visa issuance, stated…
In a previous article, I discussed that commencing August 1, 2013, the priority date for F- 2A petitions (spouses and minor children of green card holders) will be current. This means that spouses and minor children of green card holders would be eligible to file for adjustment of status and work authorization regardless of their…
The August 2013 priority dates have phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That is because the priority date is CURRENT! That means that spouses and minor children of green cardholders would be eligible to file for adjustment of status and work authorization, if they are in the US,…
Almost immediately after the US Supreme Court declared the Defense of Marriage Act (DOMA) unconstitutional, both Secretary of State John Kerry and Secretary of Homeland Security Janet Napolitano, pledged their full support in providing same – sex couples the very same immigration benefits available to opposite – sex couples. Sec. Kerry, whose department oversees embassies…
Recently, the Board of Immigration Appeals (BIA) ruled that a child could receive a green card through a step parent’s petition, even if the child’s natural parent is not eligible (because the child’s parent had previously entered into a fixed marriage). This is great news for people who have children (from previous marriages\relationships) and later…
June 26, 2013 is a historic day for gay and lesbian couples. The Supreme Court of the United States ruled that the Defense of Marriage Act (DOMA) is unconstitutional, and that same – sex marriages are once again valid in California! What this means is that it is now possible for same – sex couples,…
Right now, the full Senate has begun debating on the new immigration reform proposal which was approved and forwarded by the Senate Judiciary Committee. It is expected that senators will introduce their own amendments and there will be changes, additions or removals throughout the debate. Some Senators are promising a vote on the Senate’s proposal…
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 that immigrant visas (or green cards) would be available for persons whose priority…
There are only so many immigrant visas available (or allocated) for your country each year. Many people under petition are confused and mystified about the priority date on their petition, why it moves so slowly, why it may retrogress (or move backwards), or sometimes does not move at all. In other words, why does it…
The Child Status Protection Act (CSPA) provides “age-out” protection for certain children who turned 21 while waiting for their green card or immigrant visa. For children of non-citizens (such as derivative beneficiaries of their parent’s employment or family based petitions, or minor children of immigrants), there is a two-step process: 1. Calculate the child’s age…
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 that immigrant visas (or green cards) would be available for persons whose priority…
I know of many cases where a child was a derivative beneficiary of the parent’s family or employment-based petition. The parent was able to adjust status, and lock in the child’s age under the CSPA mathematical formula. While the child was in the midst of being processed for an immigrant visa, the parent became eligible…
In an unpublished opinion, the Administrative Appeals Office (AAO) stated that the hardship suffered by an “applicant’s domestic partner of 17 years” could be taken into account when evaluating “extreme hardship” in connection with a fraud waiver. In that particular case, the applicant was petitioned by his US citizen mother, but his adjustment of status…
Remember, the I-94 is a long form, and CBP tears off the lower portion of the I-94 and staples it to your passport. The longer portion is retained by CBP, and the information is entered in their database. Recently, a young person came to my office, brokenhearted, because she had filed for Deferred Action for…
An I-94, or information about a person’s arrival in the US can be very important in connection with future immigration benefits, such as extension of status, adjustment of status, or the like. Whenever a non-immigrant arrives in the US by air or sea, he or she usually fills out a white arrival/departure record, called a…
