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…
Category: Immigration Columnists
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Federal court bans USCIS’s new public charge rule
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…
Removal of conditions on green card
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…
Family law issues during the COVID-19 pandemic
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…
Immediate relatives: one person per petition
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….
Leading U.S. Immigration Attorney Michael J. Gurfinkel answers your immigration questions via Zoom on a brand-new “social distancing” edition of Citizen Pinoy
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…
Fiancé(e) petition
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:…
Can I get a green card if I had a previous marriage petition denied based on fraud?
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…
How to obtain custody and visitation rights for unmarried dads
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…
The August 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 priority…
Social media and US visa applicants
SA panahon ngayon ng pandemic at dahil sa madaming lockdown order sa buong mundo, marami ang nagtatrabaho mula sa bahay o WFH. Marami rin ang bumabaling sa social media upang…
K-1 fiancé(e) visa: Getting your significant other to the United States
SEVERAL options exist for a U.S. citizen to bring his/her foreign-national fiancé(e) to the United States. One popular option is to marry the fiancé(e) in the country in which he/she…
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…
Fixed fiancée visa is same as fixed marriage
THE Board of Immigration Appeals (BIA) recently held that a person caught applying for a K-1 fiancée visa in a “fixed relationship” (meaning having no intention to have a life…
Can I obtain a divorce if my spouse refuses to sign?
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…
False claim to US citizenship
ANG isang dayuhan na may false claim sa U.S. citizenship ay maaaring maging inadmissible sa U.S. Ang mga sumusunod ang elements ng false claim sa U.S.citizenship: (1) ang dayuhan ay…
Can I obtain a divorce if my spouse refuses to sign?
THE 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…
Permanent residence based on same-sex marriage
IN United States vs. Windsor, 570 U.S. 744 (2013) (Docket No. 12-307), the Supreme Court held that Federal restrictions of the terms “marriage” and “spouse” to marriages between a man and…
Is Pres. Trump opposed to the Declaration of Independence?
OVER the 4th of July holiday, Pres. Trump praised the Declaration of Independence as a “beacon of liberty, prosperity, and opportunity for all: “The principles grounded in the Declaration of…
Your immigration questions answered by leading US immigration attorney on special ‘social distancing’ episode of ‘Citizen Pinoy!’
EVEN in the time of the COVID-19 pandemic, life goes on, and there are many people who have concerns about the latest immigration policies and how they affect their case….
Proclamation suspending entry of individuals who present ‘risk’ to US labor market
NOONG Hunyo 22, 2020, si President Trump ay naglabas ng Proclamation na nagsususpinde ng pagpasok ng mga dayuhang maaaring magdulot ng panganib sa U.S. labor market pagkatapos ng epekto ng…
Maximizing recovery in personal injury cases
“To recover for past lost earnings, a person must prove the amount of income or earnings that he/she has lost to date.” DEAR Attorney Tan, I was driving home and…
Do I have a community property interest in a house my spouse acquired before 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…
But my child was a baby when the petition was filed!
DEAR Atty. Gurfinkel: My sister petitioned me in 2001 in the F-4 category, (brother/sister of a U.S. citizen) when my child was still a baby. Recently, the priority date became current….
Family law issues during the COVID-19 pandemic
Custody and visitation orders are not affected by stay at home orders or other order restricting movement issued by a governmental entity that arises from the COVID-19 pandemic. THE COVID-19…
I-601A provisional unlawful presence waiver
ANG isang dayuhan na ineligible sa pagkuha ng green card sa loob ng U.S. dahil sa unlawful presence ay maaaring mag-apply ng I-601A Provisional Unlawful Presence Waiver bago siya umalis…
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…
Family law issues during the COVID-19 pandemic
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…
Trump extends and expands proclamation ‘suspending’ immigration
ON June 22, 2020, President Trump issued another Executive Order (EO) or Proclamation, extending his April 22, 2020 proclamation to December 31, 2020, and expanding its scope to also include…
Abandonment of green card
Ang green card o permanent resident card ang patunay na ang isang indibidwal ay may lawful permanent resident (LPR) status sa U.S. Subalit ang LPR status ay hindi talagang permanente…