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…
Category: Immigration Columnists
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DHS proposes tougher rules for sponsors
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…
Humanitarian reinstatement of I-130 petition
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…
Writ of Mandamus relief for unreasonable delay in pending immigration filings
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,…
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…
When is my prenuptial agreement not enforceable?
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….
October 2020 priority dates: Employment-based petitions are current!
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…
About the Child Status Protection Act
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…
K-1 petition denied; should we marry?
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…
Selective service registration for naturalization
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…
Should I appeal or refile?
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…
Birth of US citizens abroad
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…
How to naturalize as a US citizen
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…
Getting an abusive green card
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,…
Child support and naturalization
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…
Reinstatement for surviving beneficiaries of an I-130 petition filed by a deceased relative
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…
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…
Why did you wait so long?
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…
Statutory period for good moral character
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…
Modifying down child and spousal support obligation after a divorce
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…
The September 2020 Priority Dates
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…
Maximing 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…
How widows of US citizens can still get their green card
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…
Public charge injunction now limited to Connecticut, New York and Vermont
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…
Increase in filing fees for naturalization application
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…
Will incorporating a separate property business during marriage make it community property?
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…
Federal court also bans US State Department’s 2018 public charge rule
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…
Removal of conditions after divorce
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…
Removing the conditions of your permanent residence without your petitioning spouse’s participation
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…
4 ways filing for divorce can benefit your immigration case
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…