Dear Atty. Gurfinkel: I was petitioned by my mother as a married child (F-3) in April 2001. However, I discovered that my wife had cheated on me, so I had our marriage annulled in 2012. I now have a live-in partner. I want to remove my first wife from the petition and include my domestic…
SOME people hope or believe that if consuls or immigration officers hear their grave predicament, they would be filled with mercy and compassion and approve their case. If their situation is dire, and they tearfully pour out their heart and soul, this will help in getting their case approved. What people need to understand is…
ON October 1, 2020, the Department of Homeland Security (DHS) announced it will propose new rules making “it easier to hold immigrant sponsors accountable for failing to meet the obligations of contracts they sign with the federal government.” In other words, if a person signs an affidavit of support (Form I-864), DHS wants to make…
The October 2020 priority dates 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…
DEAR Attorney Gurfinkel: I am a U.S. citizen, and filed a K-1 (fiancé) petition for my girlfriend in the Philippines. Unfortunately, the case was denied. I was told by friends it would help if we get married, as that would demonstrate we are truly in love and committed to each other. Would you advise that…
DEAR Attorney Gurfinkel: I just received a denial from USCIS, giving me 33 days to file an appeal. I truly think I was eligible, but am so heartbroken. Would you advise I file an appeal? Very truly yours, RD Dear RD: The decision on whether to appeal a denial is not always simple and straightforward….
DEAR Atty. Gurfinkel: I married a U.S. citizen for love, hoping we would live “happily ever after.” Unfortunately, soon after marriage, he changed. He drank a lot, gambled, took drugs, called me names, said he would never petition me and would try to get me deported. He gets very angry when I laugh and speak…
DEAR Atty. Gurfinkel, I was petitioned by my sister in 1990, and immigrated to the U.S. in 2013. Unfortunately, I had to leave behind my eldest child because she had aged out. I have been hoping and praying something could be done for her. Could she be covered by the Child Status Protection Act? Is…
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 immigrant visas (or green cards) would be available for persons whose priority date…
PRESIDENT Donald Trump’s new, stricter public charge rules seem to go back and forth, like a tennis or ping-pong match. It becomes very confusing for applicants as to which public charge guidelines they should follow: the ones that have been in existence since 1999, or the new ones Pres. Trump just implemented which had been…
IN A previous article, I wrote that on July 29, 2020, a federal court judge issued a nationwide injunction prohibiting USCIS from enforcing, applying, implementing, or treating as effective, President Trump’s new public charge rules as long as there is a national health emergency caused by the COVID-19 outbreak. On the same day, the judge…
ON July 29, 2020, a federal court judge issued a nationwide injunction prohibiting USCIS from enforcing, applying, implementing, or treating as effective, President Trump’s new public charge rules as long as there is a national health emergency caused by the COVID-19 outbreak. There is also great news, because USCIS announced it will abide by this…
MOST petitions (family and employment based) allow the petitioner to include the beneficiary’s spouse and minor children, but not with immediate relative (IR) petitions (spouse, parents, minor children of U.S. citizens). For IR petitions, only one person per petition is allowed. No derivatives. Separate petitions are required for each family member. Here are some of…
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 immigrant visas (or green cards) would be available for persons whose priority date is…
THE Board of Immigration Appeals (BIA) recently held that a person caught applying for a K-1 fiancée visa in a “fixed relationship” (meaning having no intention to have a life together), is subject to the same lifetime ban as a person caught in a fixed marriage. Therefore, whether you are applying for a green card…
OVER the 4th of July holiday, Pres. Trump praised the Declaration of Independence as a “beacon of liberty, prosperity, and opportunity for all: “The principles grounded in the Declaration of Independence continue to guide our Nation forward and maintain its standing as a beacon of liberty, prosperity, and opportunity for all.” However, Pres. Trump’s recent…
EVEN in the time of the COVID-19 pandemic, life goes on, and there are many people who have concerns about the latest immigration policies and how they affect their case. Leading U.S. immigration attorney, Michael J. Gurfinkel, will be hosting a special edition of Citizen Pinoy where he will answer questions from the public. Readers are…
DEAR Atty. Gurfinkel: My sister petitioned me in 2001 in the F-4 category, (brother/sister of a U.S. citizen) when my child was still a baby. Recently, the priority date became current. We paid all the fees and submitted all the forms on behalf of my family, including my child, who is now over 21. At the…
ON June 22, 2020, President Trump issued another Executive Order (EO) or Proclamation, extending his April 22, 2020 proclamation to December 31, 2020, and expanding its scope to also include H-1B, H-2B, J-1, and L-1 non-immigrants and their derivative spouses and children from entering the U.S., as they may compete for jobs with unemployed Americans…
On June 18, 2020, the U.S. Supreme Court issued its DACA decision, but it did not actually uphold DACA. Instead, it based its decision on procedural technicalities, that the government did not properly terminate or rescind it. The DACA decision is more like a temporary reprieve, rather than a victory. Pres. Trump has vowed 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 immigrant visas (or green cards) would be available for persons whose priority date is…
THE Statue of Liberty in New York Harbor has always been a symbol of immigration and of welcoming immigrants to the U.S. The USCIS has used the Statue of Liberty as its own symbol. Approval notices have an orange colored picture of the Statue of Liberty torch in the background, and the “help” search tool…
IN November 2014, Pres. Obama announced a program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which would have allowed parents of U.S. citizens (or lawful permanent residents) to remain in the U.S. and obtain work authorization without fear of deportation. Their child could have been of any age or marital status….
USCIS recently announced that it is preparing to reopen some of its offices and resume naturalization ceremonies and adjustment interviews on or after June 4, 2020. Notices will be sent out to applicants whose interviews and ceremonies were previously canceled because of COVID- 19, so watch your mail for your new appointment dates. Adjustment Interviews…
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 immigrant visas (or green cards) would be available for persons whose priority date is…
“By law, if a person is ever caught in a fixed marriage, no future petition can be approved.” ON April 14, 2020, the Ninth Circuit Court of Appeals (which is one level below the U.S. Supreme Court) ruled it is unconstitutional for the USCIS to deny a petition or application based on secret or undisclosed…
THE U.S. Embassy in Manila announced that because of the COVID-19 pandemic, it is canceling all immigrant and nonimmigrant visa interviews scheduled through May 31, 2020. They hope to resume routine visa services as soon as possible, but cannot provide a specific date at this time, meaning it is possible visa interviews will be canceled…
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 immigrant visas (or green cards) would be available for persons whose priority date…
ON April 22, 2020, President Trump issued an Executive Order (EO) or Proclamation, effective at 11:59 PM on April 23, 2020, suspending for 60 days the entry of immigrants into the U.S., as they may compete for jobs with unemployed Americans caused by the COVID-19 pandemic. Some highlights are: 1. It applies to: a. Immigrant…
ON April 13, 2020, the Department of Homeland Security (DHS) announced it will exercise more flexibility for non-immigrants who must depart the U.S. by a certain date, but are now facing “immigration-related challenges as a direct result of the COVID-pandemic.” DHS is aware that certain nonimmigrants must depart the U.S. before their authorized period of…
