Ang isang lalaking lawful permanent resident (LPR) o green card holder na nasa pagitan ng 18 hanggang 26 taon gulang ay kailangang magrehistro para sa Selective Service at magpakita ng ebidensiya ng pagrehistro para sa kanyang N-400 Application for Naturalization. Ayon sa USCIS Policy Manual, ang aplikante para sa naturalization ay kailangang magpakita na sa…
DEAR Attorney Gurfinkel: I just received a denial from USCIS, giving me 33 days to file an appeal. I truly think I was eligible, but am so heartbroken. Would you advise I file an appeal? Very truly yours, RD Dear RD: The decision on whether to appeal a denial is not always simple and straightforward….
KUNG ang magulang na U.S. citizen (USC) ay magkaroon ng anak na isinilang sa ibang bansa o sa labas ng U.S., ang kapanganakan ay dapat iulat sa lalong madaling panahon sa U.S. Consulate o U.S. Embassy upang makakuha ng Consular Report of Birth Abroad (CRBA). Ang CRBA ay ebidensiya ng U.S. citizenship ng batang isinilang…
TO most immigrants, obtaining their greencard has been a long and challenging journey. However, it should not be regarded as the final destination. The real American dream is to become a United States Citizen. After obtaining permanent residence status, many green card holders desire to take that next step—becoming a United States Citizen. As a…
DEAR Atty. Gurfinkel: I married a U.S. citizen for love, hoping we would live “happily ever after.” Unfortunately, soon after marriage, he changed. He drank a lot, gambled, took drugs, called me names, said he would never petition me and would try to get me deported. He gets very angry when I laugh and speak…
Ang green card holder ay maaaring mag-file ng N-400 Application for Naturalization kung ang kanyang green card ay may 5 taon na bago ang filing (3 taon kung ang green card ay nakuha dahil sa kasal sa U.S. citizen at sila ay nagsasama pa din). Ang aplikante para sa naturalization ay kailangang magpakita na sa…
DEAR Attorney Tan, My US 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 US in 1999 as a tourist from the Philippines. Since my arrival, I have lived in the…
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…
DEAR Atty. Gurfinkel, I was petitioned by my sister in 1990, and immigrated to the U.S. in 2013. Unfortunately, I had to leave behind my eldest child because she had aged out. I have been hoping and praying something could be done for her. Could she be covered by the Child Status Protection Act? Is…
ANG aplikante para sa naturalization ay kailangang magpakita na sa loob ng statutory period na 5 taon bago ang filing (3 taon kung ang green card ay nakuha dahil sa kasal sa US citizen at ang aplikante ay kasal pa rin sa U.S. citizen), siya ay may good moral character (GMC). Kasama sa statutory period…
DIVORCED parties are sometimes ordered to pay child support and spousal support in the divorce judgment. The support orders are generally based on the parties’ financial situation and custody arrangements at the time of the settlement or trial. However, what if your income decreases after the divorce or what if your spouse’s income increases after…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date…
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…
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…
PRESIDENT Donald Trump’s new, stricter public charge rules seem to go back and forth, like a tennis or ping-pong match. It becomes very confusing for applicants as to which public charge guidelines they should follow: the ones that have been in existence since 1999, or the new ones Pres. Trump just implemented which had been…
NOONG Hulyo 31, 2020, inihayag ng Department of Homeland Security na mayroong final rule na magbabago ng filing fees para sa ilang mga immigration at naturalization benefit requests para paniguraduhin na ang USCIS ay makabawi ng kanilang costs of services. Ang final rule ay magiging epektibo sa Oktubre 2, 2020. Para sa N-400 Naturalization Application,…
YOU own a successful business, as a sole proprietor, prior to marriage. You later meet the love of your life and decide to marry her. Years into the marriage, you decide to incorporate the business. A common question when the couple later divorces becomes 1) did your separate property business become community property by virtue…
IN A previous article, I wrote that on July 29, 2020, a federal court judge issued a nationwide injunction prohibiting USCIS from enforcing, applying, implementing, or treating as effective, President Trump’s new public charge rules as long as there is a national health emergency caused by the COVID-19 outbreak. On the same day, the judge…
NOONG isang linggo ay aking tinalakay ang Removal of Conditions on Green Card. Sinabi ko na 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, ang green card na makukuha ng dayuhan ay conditional…
A PERSON who obtains his/her green card via marriage to a U.S. 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…
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….
ON July 29, 2020, a federal court judge issued a nationwide injunction prohibiting USCIS from enforcing, applying, implementing, or treating as effective, President Trump’s new public charge rules as long as there is a national health emergency caused by the COVID-19 outbreak. There is also great news, because USCIS announced it will abide by this…
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…
THE COVID-19 Pandemic has changed our lives almost overnight. Not only has it changed our lives in terms of our daily routine, jobs, lifestyle, but also our relationship with our family members under the Stay at Home orders in place in major cities such as Los Angeles, Divorce caused by Financial and Emotional Stress China…
MOST petitions (family and employment based) allow the petitioner to include the beneficiary’s spouse and minor children, but not with immediate relative (IR) petitions (spouse, parents, minor children of U.S. citizens). For IR petitions, only one person per petition is allowed. No derivatives. Separate petitions are required for each family member. Here are some of…
Under the new “normal” in the time of the pandemic, Citizen Pinoy continues its public service by providing relevant information and updates on immigration. On the first episode of “Your Tanong, My Sagot: Social Distancing Style,” Atty. Gurfinkel answers questions from Kapamilya in New Jersey, Guam, and California. Find out if an employer of an…
ANG isang U.S. citizen (USC) ay maaaring mag-file ng petition upang madala ang kanyang fiancé(e) bilang K1 nonimmigrant at magpakasal sila sa US. Kailangang maipakita ng USC ang mga sumusunod: (1) sila ay nagkita ng personal sa loob ng 2 taon bago i-file ang fiancé(e) petition (2-year requisite period); (2) sila ay may totoong intensyon…
DEAR Attorney Tan, I recently married a U.S. Citizen, who is my second husband. He has filed an immigrant visa petition and a green card application for me. My husband recently received from USCIS a Notice of Intent to Deny the petition that he filed on my behalf. The Notice indicated that the immigrant visa…
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…
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment-based categories. A priority date is a person’s “place in line” for a visa, meaning immigrant visas (or green cards) would be available for persons whose priority date is…
