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…
Under this agreement, qualified applicants would earn ‘American wages.’ With business and labor now in agreement, Congress is more comfortable moving forward with legislation. The pathway to legalization and citizenship suddenly looks brighter for the 11,000,000 illegal immigrants in the US. This is because the major organizations representing business and labor (US Chamber of Commerce…
Recently, the 9th Circuit Court of Appeals (which is one court below the US Supreme Court) ruled that the BIA’s “blanket rule against recognizing states’ nunc pro tunc adoption decrees brackets [is] an unreasonable and impermissible construction of” the law. One of the requirements to petition an adopted child is that the adoption must take…
People around the world are actively following the news concerning comprehensive immigration reform (CIR), hoping that the Democrats and Republicans in Washington can work together and pass a law overhauling our immigration system, and possibly grant amnesty to illegal aliens in the US. The Los Angeles Times recently reported that an influential Republican senator (Sen. Lindsey Graham)…
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…
Everyone knows that one of the fastest and easiest ways to get a green card is thru a bona fide, good faith (love) marriage to a US citizen. However, one of the worst things that a person can do is enter into a fixed marriage for purposes of obtaining immigration benefits. This is because if…
There are times when a person is arrested and charged with a crime. In some cases they may have actually committed the crime, or it could be that they are completely innocent, wrongfully accused, or were arrested because of some misunderstanding or miscommunication. They want to fight the charges to prove their innocence. The person…
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…
DOS should consider consuls’ requests for additional information or documentation in a similar vein, and if the visa is eventually issued, then there should be no problem or adverse consequences. Asking for more information should not be considered a denial, setting up the person for a potential charge of fraud or misrepresentation. Sometimes, when a…
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…
(PART II) In a previous article, I discussed various situations where marriage would affect a person’s eligibility for a visa, and situations where it might be advantageous to marry before being processed for the green card. Here are some more situations dealing with the effect of a marriage on a person’s eligibility for a visa:…
Recently, the Seventh Circuit Court of Appeals upheld the deportation/removal of a person who had filed a “frivolous” asylum claim, in which the person had stated that he was persecuted in his home country, which turned out to be untrue. Now, even though his US citizen wife tried to petitioned him, he was banned for…
Sometimes, a person’s case is denied, whether it is a hardship/fraud waiver, employment or family based petition, or other type of filing. In most denials, the person is given the right to appeal the denial, if he or she believes that the USCIS was wrong. However, the person should also carefully consider whether they should…
Recently, the USCIS published statistics on DACA filings. I was quite surprised at the results, especially as it concerned Filipinos. It showed that as of November 15, 2012, 308,935 people applied, and 53,273 applications have already been approved. However, out of the 308,935 people who applied, only 2,613 were Filipinos! Don’t tell me that there…
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 June 15, 2012, the Obama Administration announced a new policy of Deferred Action for Childhood Arrivals, which is now being referred to as “DACA.” Under this program, the government will defer, or not seek to deport/remove, (and grant work authorization to) certain individuals who were brought to the US at a young age. Although…
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…
ON October 18, 2012, the Second Circuit Court of Appeals in New York declared that the Defense of Marriage Act (“DOMA”) was unconstitutional, to the extent the law attempted to ban (or refuse to recognize) same-sex marriages. Although the decision may still be appealed to the US Supreme Court, this could be great news (and…
Recently, the 9th Circuit Court of Appeals ruled that, under the Child Status Protection Act (CSPA), children who “aged–out” from under their parent’s petition, may retain/recycle/reuse their parent’s priority date, such that the child does not need to go to the “back of the line,” and wait several additional years before being able to join…
(Part 1) Dear Atty. Gurfinkel: I am single and under petition. I have a common-law spouse, whom I would like to marry, but I am receiving conflicting advice and information about whether it’s OK to marry, and the effect that marriage would have on my petition. When would marriage affect the validity of a person’s…
In June 2011, John Morton, the Director of Immigration and Customs Enforcement (ICE) issued a memo on “prosecutorial discretion”, whereby ICE would refrain from going after, or removing\deporting, certain people who did not really pose a risk or threat to the US, even if they were here illegally. This policy applied to people who were…
Many people, desiring to save money, try to handle their immigration matters on their own. They may have a relative in the Philippines being processed for an immigrant visa, and when they have any questions, they call or email the National Visa Center (NVC) for advice and guidance on what to do and how to…
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…
The Democrats and Republicans have held their conventions where they nominated their presidential candidates and released their respective party’s platform – representing who they are, what they stand for, their vision and proposals for various aspects of American life, their positions on various subjects, and the types of laws they would pass, if elected. As…
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, in order to visit my family during the holidays, but I…
(Part 2) In a previous article, I discussed some reasons why you should consider hiring an attorney in connection with preparing and submitting your DACA request. Here are some more reasons to consider, in connection with the decision of hiring an attorney: Have you ever been arrested, charged with, or convicted of any crime? After…
(Part 1) On June 15, 2012, the Obama Administration announced a new policy of Deferred Action for Childhood Arrivals, which is now being referred to as “DACA.”Additional guidance, and a DACA application form (I–821D) were issued on August 14, 2012, and DHS began accepting DACA applications as of August 15, 2012. Under this program, the…
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…
US citizens will soon be voting in the upcoming presidential elections. As election time nears, many groups try to register as many people as possible and increase the turn-out of voters. However, only US citizens can vote. If you are not a US citizen, but you register to vote, or voted in an election, it…
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, in order to visit my family during the holidays, but I…
