ON December 31, 2020, Pres. Trump extended his “immigration ban” through March 31, 2021, just hours before it was set to expire. By way of background, and as I detailed in previous articles, in April 2020, Trump issued a proclamation (which he renewed and expanded in June 2020), banning the issuance of immigrant visas for…
NOONG Nobyembre 14, 2020, ang United States District Court ng Eastern District of New York ay nag-isyu ng Memorandum and Order sa patuloy na alitan tungkol sa Deferred Action for Childhood Arrivals (DACA) program at ang mga aksyon at pagsisikap ng Trump administration na ipatigil ang DACA. Binigyan ng United States District Court ng order…
Consider this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…
ON December 31, 2020, the 9th Circuit Court of Appeals struck down a nationwide injunction by a lower District Court, ruling that Pres. Trump’s proclamation banning the issuance of immigrant visas to those who cannot obtain private insurance or demonstrate the funds to self-insure, was lawful. This means that before an immigrant visa can be…
A postnuptial agreement is a contract between you and your spouse entered into after you get married resolving issues in your marriage. It is similar to a prenuptial agreement except it occurs after your marriage. For couples that get married without a prenuptial agreement, it is not too late to have an agreement dealing with…
The January 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…
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…
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 back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report 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…
DEAR Attorney Gurfinkel: I was born in the Philippines, and in 2015 my mother petitioned me in the F-2B category (unmarried adult child of immigrant). Recently, I received a “Notice of Immigrant Visa Case Creation” from the National Visa Center (NVC), advising I need to log on to the consular electronic application center (CEAC) and…
NOONG Nobyembre 14, 2020, ang United States District Court ng Eastern District of New York ay nag-isyu ng Memorandum and Order sa patuloy na alitan tungkol sa Deferred Action for Childhood Arrivals (DACA) program at ang mga aksyon at pagsisikap ng Trump administration na ipatigil ang DACA. Binigyan ng United States District Court ng order…
THE COVID-19 Pandemic is a scary reality which affects everyone globally and has shut down the global economy. Individuals over 60 years old and individual that are immune compromised are more at risk of having serious complications with this virus. Individuals are dying all over the world in exponential numbers. Although we cannot completely control…
U.S. Immigration and Customs Enforcement (ICE) recently announced “Operation Broken Promise,” targeting for arrest and removal/deportation those aliens who were in removal proceedings and promised to voluntarily leave the U.S. (instead of being ordered deported), but never left. So far, ICE has arrested hundreds of individuals who accepted voluntary departure but failed to depart. “Voluntary…
ANG isang dayuhan na may false claim ng U.S. citizenship upang makakuha ng mga benipisyo sa ilalim ng federal law o state law ay maaaring maging inadmissible. Ang mga sumusunod ang mga elemento ng false claim ng U.S. citizenship: (1) ang dayuhan ay nagsabi at naglinlang na siya ay U.S. citizen; (2) ang kanyang pagsabi…
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…
THE USCIS is officially accepting new applications for DACA after the government fully reinstated the program on December 7, 2020. On December 4, 2020, a judge ordered the program to be fully reinstated to what it was before the Trump Administration attempted to rescind it in 2017, a reaffirmation of an earlier Supreme Court ruling. It is very disheartening…
DONALD Trump has often stated he wants to end “birthright citizenship” for children born in the U.S. to undocumented parents. He is obviously against “birth tourism,” where pregnant women, about to give birth, enter the U.S. solely for their child to be born in the U.S. and therefore be considered a U.S. citizen. He also…
KAPAG ang USCIS ay nag-deny ng application for naturalization, ang USCIS ay magbibigay ng Notice of Denial na nagsasaad ng legal at factual na dahilan nito. Maaaring tanggapin ng aplikante ang denial decision; maaari ring ang aplikante ay hindi sumang-ayon sa denial decision at siya ay mag-file ng Form N-336 Request for Hearing on a…
THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose…
THE December 2020 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…
KAPAG ang USCIS ay nag-deny ng application for naturalization, ang USCIS ay magbibigay ng Notice of Denial na nagsasaad ng legal at factual na dahilan sa denial. Maaaring tanggapin ng aplikante ang denial decision; maaari ring ang aplikante ay hindi sumang-ayon sa denial decision at siya ay mag-file ng Form N-336 Request for Hearing on…
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 back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report the…
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…
THANKSGIVING is being celebrated differently this year. Because we are in the midst of a pandemic, the usual gathering of loved ones is close to impossible. Some may have lost a loved one or have a family member who is seriously ill. To those who experienced loss, I convey my deepest sympathy. To those who…
Couples get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena….
ANG isang karaniwang paraan upang makakuha ang dayuhan ng green card ay sa pamamagitan ng spouse petition ng asawang U.S. citizen (USC). Ngunit may mga pagkakataon na may karahasan na ginagawa ang USC sa kanyang asawang dayuhan at ang dayuhan ay nagtitiis at nananatili sa kasal dahil sa kanyang immigration status. Noong 1994, isinagawang batas…
Couples get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena….
IN a previous article, I wrote on how Joe Biden has been declared the winner of the 2020 presidential election, and has proposed sweeping changes and reforms to our immigration laws and policies, including possible amnesty for Dreamers and/or the approximate 11 million other undocumented immigrants in the U.S. Although these changes and reforms are…
A postnuptial agreement is a contract between you and your spouse entered into after you get married resolving issues in your marriage. It is similar to a prenuptial agreement except it occurs after your marriage. For couples that get married without a prenuptial agreement, it is not too late to have an agreement dealing with…
ANG isang karaniwang paraan ng pagkuha ng green card ng dayuhang nasa loob ng U.S. ay sa pamamagitan ng family petition ng kanyang asawang US citizen (USC). Dahil ang asawa ng USC ay tinuturing na immediate relative, ang dayuhan ay binibigyan ng pinakamataas na prayoridad sa ilalim ng Immigration Law –maaaring makakuha siya ng kanyang…
