WHEN a person is petitioned for a green card, they are called the “principal beneficiary.” In some cases, the petition includes their spouse and minor children, who are called “derivative beneficiaries.” The derivative beneficiaries can either “accompany” the principal beneficiary, or can later “follow to join.” Derivative beneficiaries cannot be issued their visas unless the…

What are motions to reconsider and reopen? WHEN a person has been placed in deportation/removal proceedings, they would ordinarily receive a decision from the immigration judge (IJ), or, if they appeal, a decision from the Board of Immigration Appeals (BIA). If the decision is unfavorable, they possibly could file either a motion to reconsider or…

IN a previous article, I reported that on February 24, 2021, Pres. Biden revoked Trump’s immigration ban, which was set to expire at the end of March 2021. Because of that ban, most immigrant visa processing was suspended at the U.S. embassies around the world. That caused a lot of confusion, heartbreak, and sadness to…

IN a previous article, I discussed how Pres. Biden and the Democrats introduced the “U.S. CITIZENSHIP ACT” of 2021. It was a massive bill, covering a variety of immigration issues and reforms, including a pathway to U.S. citizenship for approximately 11 million undocumented noncitizens now in the U.S. Unfortunately, that bill has stalled in Congress,…

The April 2021 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers). The priority dates for all countries (except India and China) are CURRENT! This includes the Philippines! This means visas are available, regardless of the person’s priority date. If a person is being…

THE Child Status Protection Act (CSPA) is complex, confusing, and can be extremely frustrating. During my 40 years of practicing law, I always encounter cases where a child may have been petitioned many years before their 21st birthday, but by the time their visa is available (or priority date is current), they have aged out….

ON March 9, 2021, DHS Sec. Alejandro Mayorkas announced that the U.S. government will no longer defend the Trump administration’s 2019 public charge rule, as doing so “is neither in the public interest nor an efficient use of limited government resources.” The Biden administration believes that the 2019 public charge rule was not in keeping…

The March 2021 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers). The priority dates for all countries (except India and China) are CURRENT! This includes the Philippines! This means visas are available, regardless of the person’s priority date. If a person is being…

ON February 24, 2021, Pres. Biden revoked Trump’s immigration ban for immigrant visa applicants, which was scheduled to expire March 31, 2021. What this means is that, subject to COVID-19 restrictions and social distancing, embassies should now start scheduling people for their immigrant visa interviews immediately. (The ban is still in effect for non-immigrants, such…

ON February 18, 2021, Pres. Biden and the Democrats formally introduced the “U.S. Citizenship Act” of 2021. It is a massive bill, over 350 pages long, covering a variety of immigration issues, and reforms, including a pathway to U.S. citizenship for the approximate 11 million undocumented noncitizens in the U.S. I will not go through…

AS almost everyone is aware, the U.S. Embassy in Manila has not been issuing most immigrant visas since approximately March 2020 because of Covid-19 restrictions and the presidential proclamation, suspending visa issuance until April 2021. Here are some of the latest updates in connection with the Embassy reopening for immigrant visa processing: 1. The Embassy…

DEAR Attorney Gurfinkel: I entered the U.S. in 2000 on a visitor’s visa and overstayed. My sister filed a petition for me (F-4) in early 2001 under Clinton’s LIFE ACT. I am now receiving notices from the National Visa Center (NVC), advising me that I need to log onto their website, pay various fees, and…

ON February 2, 2021, Pres. Biden issued several additional Executive Orders (EO) on immigration. They include: (a) establishing a task force to reunify families separated at the border; (b) developing a strategy to address the irregular migration across the southern border, including a plan for safe, lawful, and orderly migration to the U.S.; and (c)…

AS I reported in a previous article, on January 20, 2021, just after taking office, Pres. Biden issued an executive order calling for a 100-day pause on most deportations or removals. Immediately after that order was released, Texas filed a lawsuit, seeking a Temporary Restraining Order, and on January 26, 2021, a Texas federal judge…

The February 2021 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers).  The priority dates for all countries (except India and China) are CURRENT!  This includes the Philippines!  This means visas are available, regardless of the person’s priority date.  If a person is being petitioned by an employer, and their Form…

ON December 31, 2020, Pres. Trump extended his “immigration ban” through March 31, 2021, just hours before it was set to expire. By way of background, and as I detailed in previous articles, in April 2020, Trump issued a proclamation (which he renewed and expanded in June 2020), banning the issuance of immigrant visas for…

ON December 31, 2020, the 9th Circuit Court of Appeals struck down a nationwide injunction by a lower District Court, ruling that Pres. Trump’s proclamation banning the issuance of immigrant visas to those who cannot obtain private insurance or demonstrate the funds to self-insure, was lawful. This means that before an immigrant visa can be…

The January 2021 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers). The priority dates for all countries (except India and China) are CURRENT! This includes the Philippines! This means visas are available, regardless of the person’s priority date. If a person is being…

DEAR Attorney Gurfinkel: I was born in the Philippines, and in 2015 my mother petitioned me in the F-2B category (unmarried adult child of immigrant). Recently, I received a “Notice of Immigrant Visa Case Creation” from the National Visa Center (NVC), advising I need to log on to the consular electronic application center (CEAC) and…

U.S. Immigration and Customs Enforcement (ICE) recently announced “Operation Broken Promise,” targeting for arrest and removal/deportation those aliens who were in removal proceedings and promised to voluntarily leave the U.S. (instead of being ordered deported), but never left. So far, ICE has arrested hundreds of individuals who accepted voluntary departure but failed to depart. “Voluntary…

DONALD Trump has often stated he wants to end “birthright citizenship” for children born in the U.S. to undocumented parents. He is obviously against “birth tourism,” where pregnant women, about to give birth, enter the U.S. solely for their child to be born in the U.S. and therefore be considered a U.S. citizen. He also…

THE December 2020 priority dates continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers). The priority dates for all countries (except India and China) are CURRENT! This includes the Philippines! This means visas are available, regardless of the person’s priority date. If a person is being…

THANKSGIVING is being celebrated differently this year. Because we are in the midst of a pandemic, the usual gathering of loved ones is close to impossible. Some may have lost a loved one or have a family member who is seriously ill. To those who experienced loss, I convey my deepest sympathy. To those who…

IN a previous article, I wrote on how Joe Biden has been declared the winner of the 2020 presidential election, and has proposed sweeping changes and reforms to our immigration laws and policies, including possible amnesty for Dreamers and/or the approximate 11 million other undocumented immigrants in the U.S. Although these changes and reforms are…

JOE Biden has been declared the winner of the 2020 presidential election. He promises a radical change from Trump’s strict enforcement policies to a policy emphasizing compassion, leniency, and possibly even amnesty, as spelled out in the Democrat party’s platform. As stated on their website, “Immigrants are essential to our society and our economy. Immigrants…

No Change From October 2020 Dates THE November 2020 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers). The priority dates for all countries (except India and China) are CURRENT! This includes the Philippines! This means visas are available, regardless of the person’s priority…

Many people consulted with me after their case was denied by a USCIS officer or consul at the Embassy. In some cases, the person signed a confession, but now claims it was not true. I asked them that if it was not true, why did they sign it? They reply the USCIS officer or consul…

Dear Attorney GURFINKEL: I immigrated to the U.S. in 2008 through my mother’s F-3 petition (married son/daughter of U.S. citizen), which she filed in 1990. At the time my petition was filed, my son was only six years old. By the time the priority date became current and my visa was issued, I was told…