Atty. Dennis Chua

Petitioning children of your spouse from a previous marriage

A STEPPARENT may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild.  However, before a stepparent may be able to file an immigrant petition for a stepchild, the stepparent–stepchild elationship should have been created before a stepchild turns 18 years old.  This means that the stepparent and the…

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Petitioning children of your spouse from a previous marriage

A STEPPARENT may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild.  However, before a stepparent may be able to file an immigrant petition for a stepchild, the stepparent–stepchild elationship should have been created before a stepchild turns 18 years old.  This means that the stepparent and the…

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Petitioning children of your spouse from a previous marriage

A STEPPARENT may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild.  However, before a stepparent may be able to file an immigrant petition for a stepchild, the stepparent–stepchild relationship should have been created before a stepchild turns 18 years old.  This means that the stepparent and the…

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DACA abolished

ON June 15, 2012, President Barack Obama unveiled a program known as DACA (Deferred Action for Childhood Arrivals.) Under this program, the Obama Administration will stop deporting illegal immigrants who entered the country as children.  These individuals will also be allowed to get work permits to enable them to work and get a driver’s license. …

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Petitioning children of your spouse from a previous marriage

A STEPPARENT may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild.  However, before a stepparent may be able to file an immigrant petition for a stepchild, the stepparent tepchild elationship should have been created before a stepchild turns 18 years old.  This means that the stepparent and the…

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Grace period for non-immigrant workers

ON November 17, 2016, the U.S. Department of Homeland Security issued its final regulations entitled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Non-immigrant Workers.   This rule which took effect on January 17, 2017 provides two grace periods to certain nonimmigrant visa holders. The rule provides a 10-day…

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Grace period for non-immigrant workers

ON November 17, 2016, the U.S. Department of Homeland Security issued its final regulations entitled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Non-immigrant Workers.”  This rule which took effect on January 17, 2017 provides two grace periods to certain nonimmigrant visa holders. The rule provides a 10-day grace…

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DAPA rescinded

ON November 20, 2014, President Barack Obama announced that its administration will stop deporting certain undocumented parents of U.S. citizens and parents of legal permanent residents.  These individuals will also be allowed to get work permits to enable them to work and get a driver’s license.  This program has been named as the Deferred Action…

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Marriage while in removal proceedings

Individuals may be put in removal (deportation) proceedings for a number of reasons.  Some of them may have been put in removal proceedings for committing certain crimes. Others are in removal proceedings because they may have filed applications with the U.S. Citizenship and Immigration Services (USCIS) and have had their applications denied by the USCIS….

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Failed relationships of fiance visa beneficiaries

One advantage in filing a fiancé visa petition is that the fiancé beneficiary will be able to enter the United States faster compared to a spousal immigrant petition to be filed for the fiance. Once the fiancé beneficiary enters the United States, he or she must marry the U.S. citizen petitioner within ninety (90) days. …

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Crimes that may affect your citizenship application

WHEN a legal permanent resident files for citizenship, one of the questions being asked of the applicant is whether the applicant has ever been convicted or charged with a crime.  Depending on the nature of the crime committed, a criminal conviction may result in a permanent bar to an applicant for citizenship. If an applicant…

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Immigration filing fees to increase

ON December 23, 2016, the filing fees for most petitions and applications filed with the U.S. Citizenship and Immigration Services (USCIS) will increase. The current filing fee for an application for naturalization is $680.  Effective December 23, 2016, the filing for this application will now be $725.  Other commonly filed applications and petitions and their…

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Crimes that may affect your citizenship application

WHEN a legal permanent resident files for citizenship, one of the questions being asked of the applicant is whether the applicant has ever been convicted or charged with a crime.  Depending on the nature of the crime committed, a criminal conviction may result in a permanent bar to an applicant for citizenship. If an applicant…

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Expanded provisional waiver rule now in effect

PRIOR to the implementation of the Provisional Unlawful Presence Waiver, undocumented individuals who are beneficiaries of an approved immigrant petition but are not eligible to adjust their status in the United States must travel to their home country to obtain an immigrant visa.   Individuals who have accrued more than 180 days of unlawful presence…

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Section 245(i) as an alternative to DAPA

THE failure of the Supreme Court to overturn the lower’s court’s decision blocking the implementation of the President’s Executive Order providing Deferred Action to Parents of US Citizens and Legal Permanent Residents  (DAPA) dashed the hope of many undocumented parents who wish to come out of the shadows.  The implementation of DAPA would have allowed…

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Applying for naturalization with expired green cards

OFTEN, many immigrants have kept pushing back their decision to apply for US citizenship.  Many of them have also failed to keep track of the validity of their permanent resident cards such that when they are now ready to apply for naturalization, they discover that their permanent resident cards have either expired or are about…

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Marriage while in removal proceedings

INDIVIDUALS may be put in removal (deportation) proceedings for a number of reasons.  Some of them may have been put in removal proceedings for committing certain crimes.   Others are in removal proceedings because they may have filed applications with the US Citizenship and Immigration Services (USCIS) and have had their applications denied by the…

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Crimes that may affect your citizenship application

WHEN a legal permanent resident files for citizenship, one of the questions being asked of the applicant is whether the applicant has ever been convicted or charged with a crime.  Depending on the nature of the crime committed, a criminal conviction may result in a permanent bar to an applicant for citizenship. If an applicant…

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