JON and Kate own and operate a successful real estate business in California.  In addition to owning a beautiful home, they had acquired several homes and apartment buildings which they rented out.  In 2008, when the United States economy was struggling and the real estate business was sluggish, Jon and Kate decided to take a…

The government shutdown which began on October 1, 20013 and continues on without an end in sight has worried many with immigration concerns. We have received numerous inquiries from clients anxious about the effect of the government shutdown on their pending or soon to be filed immigration cases/applications/petitions. USCIS. Since the USCIS is a fee-based…

Jen was 10 years old when her parents brought her to the United States. When she was about to graduate high school and filling out her college applications, she was shocked and horrified to learn from parents that they were in the United States illegally. She put aside her dreams of going to college and…

The Supreme Court has finished hearing arguments in two cases regarding challenges to the Defense of Marriage Act (DOMA) and is expected to issue a ruling in June 2013. Both cases involve same-sex marriages. DOMA was enacted by Congress in 1996, and Section 3 of the law defines “marriage as only a legal union between…

An employer need not be a Fortune 500 company, have been in business for decades or employ dozens of workers in order to sponsor an alien to work for its company in the United States. While the bigger and more stable companies would certainly qualify to sponsor an alien for employment in the United States,…

The twin cases of De Osorio v. Mukasey and Costelo v. Napolitano, both decided by the Ninth Circuit Court of Appeals on September 26, 2012 now allows many children who were included in their parents’ petitions as derivative beneficiaries, but who “aged-out” or turned 21 before immigrant visas became available to them, to “recapture” the…

Jon and Kate own and operate a successful real estate business in California. In addition to owning a beautiful home, they had acquired several homes and apartment buildings which they rented out. In 2008, when the US economy was struggling and the real estate business was sluggish, Jon and Kate decided to take a long…

On June 17, 2011, US Immigration and Customs Enforcement (ICE) Director John Morton issued a Memorandum to provide guidance on the exercise of prosecutorial discretion (the Morton Memo). “Prosecutorial discretion” is the authority of a law enforcement agency or officer charged with enforcing a law to decide, in a particular case, whether – and to…

As far back as he could remember, Doogie wanted to grow up to be a doctor. Upon his graduation from college his family immigrated to the United States. However, instead of pursuing his medical studies, he immediately began working as a cashier at a restaurant and eventually was promoted to manager. As the years passed,…

USCIS has published a very important proposed change in processing petitions for certain alien relatives called “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives.” How does this proposed change affect you? Current Rule. A United States citizen who wants to sponsor his alien spouse, parent or minor child (under 21 years old and…

NORMAN is a 19-year-old high school senior and a legal permanent resident for 4 years. One evening, he and his friends decided to go on a “dare,” and his friends dared him to go inside a Target store and “pick up” a video game and a packet of gum. He was charged with, and pled…

Sylvia came to America carrying her hopes and dreams for a better life. Sadly, those dreams quickly turned into a nightmare. While working as a volunteer back in the Philippines she met Gordo who was the nephew of one of her patients at the hospital. Gordo was a US citizen who having been laid off…

TWENTY years ago, Abel, who was 20 years old, entered the United States using his cousin’s passport that had a United States visa. They looked alike and were the same age. He overstayed his tourist stay but went home after one year. Ten years later, Abel re-entered the US on a student visa, now using…