LEADING U.S. Immigration Attorney Michael J. Gurfinkel provides the latest immigration developments and information, as featured on his YouTube channel, “US Immigration TV.” He also answers another round of questions from Kapamilyas regarding their immigration concerns. Jimmy from Fyffe, Alabama, has an approved petition for his parents. However, due to COVID, his parents have not…
The May 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…
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
UNDER the Biden Administration, words matter. Using incorrect or offensive terminology could affect people’s feelings and self-esteem. With that in mind, on April 19, 2021, the U.S. Customs and Border Protection (CBP) issued a memo on “Updated Terminology for CBP Communications and Materials.” That memo provides a list of “preferred use of immigration terminology within…
LEADING U.S. Immigration Attorney Michael J. Gurfinkel (left) provides the latest immigration developments, as featured on his YouTube channel, “US Immigration TV.” This Sunday, he also answers questions centered around family. Priscila from Denver, Colorado (top right) is worried that her eldest grandson might not be able to join the rest of the family when…
IN previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and continued with the various steps to ultimately gain permanent residence. In many cases, however, a problem exists in even getting to the point at which…
LEADING U.S. IMMIGRATION ATTORNEY MICHAEL J. GURFINKEL (TOP LEFT) ANSWERS MORE QUESTIONS FROM KAPAMILYA ABOUT THEIR IMMIGRATION CONCERNS ON A BRAND-NEW CITIZEN PINOY! Hazel from Virginia Beach, Virginia (bottom left) wants to know the best way to bring her sister to the U.S., when she was initially petitioned by her mother in 2010 as single,…
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…
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduate high school. They want a guarantee that their soon-to-be ex-spouse will share in the college expenses of their children. This is especially the case when the other spouse has moved on…
DEAR Attorney Tan, My U.S. Citizen mother filed an I-130 immigrant petition on my behalf, which has a priority date in February 2000 and which has been approved. She filed the I-130 petition after I came to the U.S. in 1999 as a tourist from the Philippines. Since my arrival, I have lived in the…
THIS is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
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…
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise on each other’s positions and…
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…
Kapag ang green card ay nakuha sa pamamagitan ng kasal sa isang U.S. citizen (USC) at ang kasal ay wala pang 2 taon noong naaprubahan ng USCIS ang green card application, ang green card na makukuha ng dayuhan ay conditional green card na may bisa na 2 taon. Ang layunin ng conditional green card ay…
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s…
DEAR Attorney Tan, I entered the U.S. in 1998 as a crewman. I have recently married a U.S. citizen and would like to get a green card. However, I have heard that since I entered as a crewman, I cannot adjust my status to a permanent resident. Is this true? — Lost on Land Dear…
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…
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divorce case is opened, many self-represented…
“Visa applicants to the U.S. should be aware that they are required to submit any information about social media accounts they are using and those that they have used in the past 5 years under U.S. Department of State (DOS) policy.” SA panahon ngayon ng pandemic at dahil sa madaming lockdown order sa buong mundo,…
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divorce case is opened, many self-represented…
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….
WE have all heard the popular saying, “Timing is everything.” Unfortunately, this saying often adversely applies to those persons who have found an avenue from which to obtain a green card, only to be prevented from doing so because he/she has a prior removal or deportation order. A typical scenario involves a person who entered…
MANY parents who may have problems refinancing their house due to low income in retirement or due to low credit score sometimes resort to the idea of having their married child serve as a co-borrower to refinance their house As part of the refinancing process, the parents usually adds their adult children to the deed…
Ang U classification ay nagbibigay ng nonimmigrant status sa mga dayuhang biktima ng “qualifying criminal activity.” Noong naging batas ang Victims of Trafficking and Violence Prevention Act of 2000 na siyang naglikha ng U nonimmigrant status, ang layunin nito ay protektahan ang mga biktima ng mga ilang krimen dahil ang mga biktima ay naglakas-loob na…
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…
ANG isang dayuhan na may false claim sa U.S. citizenship ay maaaring maging inadmissible sa U.S. Ang mga sumusunod ang elements ng false claim sa U.S. citizenship: (1) ang dayuhan ay nagsabi na siya ay U.S. citizen; (2) ang kanyang pagsabi na siya ay U.S. citizen ay hindi totoo; (3) alam ng dayuhan na siya…
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the child. Family Code §7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
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…
