Is a new family petition faster than waiting for your pending case?
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…
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The November 2013 Priority Dates
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…
Your petition could be shred if you don’t advise the Nvc of any address change!
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…
Saving a marriage by ‘legally backdating’ a divorce
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…
Alien not ‘guilty’ for consultant’s immigration fraud
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,…
Green cards revoked because of fake job
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…
I’m too scared for myself to apply for DACA for my kids
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…
Green card from the back seat of a car?
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…
The October 2013 Priority Dates: Category F-2A is no longer ‘current’
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…
Parent’s Naturalization Dooms Child’s Cspa Eligibility
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…
Don’t take chances with your child’s immigration future
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…
US citizens must file separate petitions for each ‘immediate relative’
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…
The September 2013 Priority Dates: Category F-2A is still current, but will ‘likely’ retrogress in October!
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…
State Department issues cable on same-sex marriages
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…
BIA confirms that immigration benefits are available to same-sex couples
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…
DOS and DHS embrace Supreme Court’s DOMA ruling
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…
Make sure you’re eligible for the ‘current’ F – 2A priority date
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…
The August 2013 Priority Dates: Category F-2A is current!
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…
DOS and DHS embrace Supreme Court's Doma ruling
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…
Stepchild Entitled To Green Card Despite Mother’s Fixed Marriage
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…
Gay and lesbian spousal petitions now possible?
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…
Am I eligible for amnesty now?
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…
The July 2013 Priority Dates
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…
Why does my Priority Date move so slowly?
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,…
The dangers and traps of CSPA's one-year 'sought to acquire' requirement
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…
The June 2013 Priority Dates
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…
A parent’s naturalization could destroy their child’s CSPA eligibility
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…
Gay partner's 'hardship' taken into account for fraud waiver
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…
An unnecessary DACA filing (and denial)
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,…
No more paper-based arrival/departure record (Form I–94)
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…