A PERSON who obtains his/her green card via marriage to a US citizen spouse, and who is married for less than 2 years has conditional permanent resident status. A conditional permanent resident has a green card that is valid for 2 years. In order to continue to have permanent resident status after 2 years, the…
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 each other positions and resolve…
JOE Biden has been declared the winner of the 2020 presidential election. He promises a radical change from Trump’s strict enforcement policies to a policy emphasizing compassion, leniency, and possibly even amnesty, as spelled out in the Democrat party’s platform. As stated on their website, “Immigrants are essential to our society and our economy. Immigrants…
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 ng kanilang kapamilya para makarating sa US na may immigrant visa. Kung ang mga kapamilya ay nasa US na, maaaring silang makakuha ng green card…
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 each other positions and resolve…
No Change From October 2020 Dates THE November 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…
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…
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 US citizen [USC]; at (2) Family Preference: F1 – dalaga o binatang anak [na may 21 taon gulang na] ng USC; F2A – Asawa at…
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…
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…
Many people consulted with me after their case was denied by a USCIS officer or consul at the Embassy. In some cases, the person signed a confession, but now claims it was not true. I asked them that if it was not true, why did they sign it? They reply the USCIS officer or consul…
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 ay nasa removal proceedings na ay karaniwang hindi maaaprubahan hanggang ang dayuhan ay manirahan sa labas ng U.S. ng dalawang taon mula sa kanyang kasal sa USC/LPR….
WIDOWS of U.S. citizens have many options of obtaining their greencard should their U.S. citizen spouse die. Under INA Section 201(b)(2)(A)(i), Widows are allowed to remain classified as immediate relatives and to continue to be eligible to immigrate if they file an I-360 selfpetition within two years of the death of the U.S. citizen or…
Dear Attorney GURFINKEL: I immigrated to the U.S. in 2008 through my mother’s F-3 petition (married son/daughter of U.S. citizen), which she filed in 1990. At the time my petition was filed, my son was only six years old. By the time the priority date became current and my visa was issued, I was told…
YOU just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse naming your ex spouse or her family as beneficiary in case you pass away? Well, those documents are revoked by operation of law. A judgment…
Upang makakuha ng employment-based green card, karaniwan ay may tatlong hakbang para dito. Ang unang hakbang ay ang PERM Labor Certification, kung saan ang U.S. employer ay magpapakita sa U.S. Department of Labor (DOL) na walang kwalipikadong U.S. worker para sa posisyong inaalok sa dayuhang empleyado. Pagkatapos maaprubahan ang the PERM Labor Certification, ang pangalawang…
You just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse naming your ex spouse or her family as beneficiary in case you pass away? Well, those documents are revoked by operation of law. A judgment…
Dear Atty. Gurfinkel: I was petitioned by my mother as a married child (F-3) in April 2001. However, I discovered that my wife had cheated on me, so I had our marriage annulled in 2012. I now have a live-in partner. I want to remove my first wife from the petition and include my domestic…
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…
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…
SOME people hope or believe that if consuls or immigration officers hear their grave predicament, they would be filled with mercy and compassion and approve their case. If their situation is dire, and they tearfully pour out their heart and soul, this will help in getting their case approved. What people need to understand is…
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…
ON October 1, 2020, the Department of Homeland Security (DHS) announced it will propose new rules making “it easier to hold immigrant sponsors accountable for failing to meet the obligations of contracts they sign with the federal government.” In other words, if a person signs an affidavit of support (Form I-864), DHS wants to make…
KAPAG ang petitioner ng approved I-130 Petition ay namatay bago makuha ng principal beneficiary ang kanyang immigrant visa o green card, ang I-130 Petition ay automatically revoked. May mga sitwasyon na maaaring humingi ang principal beneficiary ng humanitarian reinstatement sa USCIS. Ang humanitarian reinstatement relief ay hindi maibibigay kung ang petitioner ay namatay bago maaprubahan…
A COMMON question that is asked by a person who has a pending immigration petition or application is “how much longer until USCIS makes a decision?” The question is understandable, in that an unreasonable delay in the USCIS’ adjudication of a petition or application can have adverse effects, including loss of employment and employment opportunities,…
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…
MANY people are of the perception that simply downloading a prenuptial agreement from the internet and signing it with their fiance offers them a bullet proof protection from a divorce. What many people do not know is that certain statutory requirements must be met in order for the prenuptial agreement to be valid and to…
The October 2020 priority dates 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 petitioned by…
ANG Child Status Protection Act (CSPA) ay naging epektibo noong Agosto 2002. Ang CSPA ay isinabatas upang mapanatili ang “child status” ng ilang mga beneficiary na maaaring mag-”age out”. Ang isang beneficiary ay masasabing nag- “age out” kung siya ay naging 21 taon gulang na bago siya mabigyan ng immigrant visa, at ito ay dahil…
DEAR Attorney Gurfinkel: I am a U.S. citizen, and filed a K-1 (fiancé) petition for my girlfriend in the Philippines. Unfortunately, the case was denied. I was told by friends it would help if we get married, as that would demonstrate we are truly in love and committed to each other. Would you advise that…
