Court blocks Biden’s deportation freeze
AS I reported in a previous article, on January 20, 2021, just after taking office, Pres. Biden issued an executive order calling for a 100-day pause on most deportations or…
Category: Immigration Columnists
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The February 2021 priority dates
The February 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…
Court blocks Biden’s 100-day deportation freeze
Immediately after President Biden issued an executive order for a 100-day pause on most deportations, Texas sued, and obtained a temporary restraining order blocking that order from going into effect,…
Starting the new year fresh with a divorce
TO many people, the New Year signifies a chance to have a fresh beginning. This is also the time of the year many people realize when a marriage is not…
Marriage during removal proceedings
ANG I-130 Petition for Alien Relative ng isang U.S. citizen (USC) o lawful permanent resident (LPR) para sa kanyang dayuhang asawa batay sa kasal nila na naganap noong ang dayuhan…
President Biden’s immigration bill/amnesty: Who benefits?
President Biden submitted to Congress his “U.S. Citizenship Act of 2021,” which includes an eight-year pathway to citizenship for the approximate 11 million undocumented immigrants (non-citizens) in the U.S.,…
Starting the new year fresh with a divorce
“If you and your spouse are communicating and have some type of respect left with one another, it may be more economical to continue residing in the same household until…
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…
Trump extends immigration ban to March 31, 2021
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…
DACA update
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…
Can I qualify for a green card despite the petitioner’s death?
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…
Court upholds Trump’s ‘public charge’ proclamation requiring healthcare coverage
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…
What is a postnuptial agreement?
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…
The January 2021 priority dates
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…
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…
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…
California court’s power to make divorce orders when one spouse does not live in California
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…
NVC erroneously sending notices to Filipinos on visa availability
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…
DACA update
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…
Should I create a will and a living trust during this pandemic?
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…
ICE going after those with ‘voluntary departure’
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….
Inadmissibility due to false claim to US citizenship
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…
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…
Has DACA been fully reinstated?
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…
What is ‘birthright citizenship’?
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…
Relief for denied naturalization application
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…
Will I have to pay spousal support if I file for divorce?
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…
The December 2020 Priority Dates
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…
Relief for denied naturalization application
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…