[COLUMN] I filed my own divorce but I can’t finish it
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…
Category: Immigration Columnists
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[COLUMN] New hope for CSPA age out children
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…
[COLUMN] Rescinding a removal or deportation order to allow you to apply for a green card
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…
[COLUMN] Why using your married child as a co-borrower to refinance your house is a bad idea
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…
[COLUMN] Relief for alien victims of criminal activities
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…
[COLUMN] Biden drops Trump’s 2019 ‘public charge’ policy
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…
[COLUMN] False claim to US citizenship
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…
[COLUMN] How to obtain custody and visitation rights for unmarried dads
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…
[COLUMN] The March 2021 Priority Dates
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…
[COLUMN] California court’s power to make divorce orders when one spouse does not live in state
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…
[COLUMN] Biden revokes Trump’s immigration ban!
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…
[COLUMN] Child support and naturalization
ANG green card holder ay maaaring mag-file ng N400 Application for Naturalization kung siya ay may 5 taon nang green card holder (3 taon kung ang green card ay nakuha…
[COLUMN] Maximizing recovery in personal injury cases
DEAR Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my…
[COLUMN] California court’s power to make divorce orders when one spouse does not live in state
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…
[COLUMN] Biden’s new US Citizenship Act of 2021 – key highlights
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…
[COLUMN] Do I have a community property interest in a house which my spouse acquired before our marriage?
Generally, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under…
[COLUMN] Family unification through family-based petitions
ANG family unification ay napakahalaga sa U.S. Immigration Law. Ang family-based immigrant category ay nagpapahintulot sa mga U.S. citizen (USC) at mga green card holder/lawful permanent resident (LPR) na mag-petition…
[COLUMN] Do I have a community property interest in a house which my spouse acquired before our marriage?
“The process of apportioning between the separate and community property component is laid out in the Marriage of Marsden. In that case, the court determined the ratio or percentage in…
[COLUMN] Information on the Embassy reopening
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…
[COLUMN] Love wins
SA kasong United States v. Windsor, na lumabas noong Hunyo 2013, sinabi ng U.S. Supreme Court na ang Section 3 ng Defense of Marriage Act (DOMA), na nagsasaad na ang…
[COLUMN] K-1 fiancé(e) visa: Getting your significant other to the United States
SEVERAL options exist for a U.S. citizen to bring his/her foreign-national fiancé(e) to the United States. One popular option is to marry the fiancé(e) in the country in which he/she…
[COLUMN] Do I have a community property interest in a house which my spouse acquired before our marriage?
GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under…
Citizen Pinoy celebrates Valentine’s Day this Sunday with another brand-new episode
LEADING U.S. Immigration Attorney Michael J. Gurfinkel presents the latest in immigration news and analysis, and provides the latest information and highlights from his YouTube immigration channel, US Immigration TV….
[COLUMN] NVC sending notices, but I’m in the US
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….
[COLUMN] Provisional unlawful presence waiver
ANG isang dayuhan na ineligible sa pagkuha ng green card sa loob ng U.S. dahil sa unlawful presence ay maaaring mag-apply ng I-601A Provisional Unlawful Presence Waiver. Ang I-601A Waiver…
[COLUMN] Why using your married child as a co-borrower to refinance your house is a bad idea
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…
[COLUMN] Biden’s newest executive orders on immigration
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…
Petitions for adult children of LPR/USC
SA ilalim ng U.S. Immigration Law, mayroon dalawang uri ng family-based immigrant visas: (1) Immediate Relative: asawa, dalaga o binatang anak [na wala pang 21 taon gulang], o magulang ng…
[COLUMN] Can I get a green card if I had a previous marriage petition denied based on fraud?
DEAR Attorney Tan, I recently married a U.S. Citizen, who is my second husband. He has filed an immigrant visa petition and green card application for me. My husband recently…
What you should know about President Biden’s immigration reform bill
President Biden announced the highlights of a plan to reform the U.S. immigration system. The anticipated bill is expected to feature a path to permanent residence and citizenship for qualifying…