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…
USCIS recently announced that it is preparing to reopen some of its offices and resume naturalization ceremonies and adjustment interviews on or after June 4, 2020. Notices will be sent out to applicants whose interviews and ceremonies were previously canceled because of COVID- 19, so watch your mail for your new appointment dates. Adjustment Interviews…
WHAT is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
ANG F1 international student ay kailangang mag-maintain ng kanyang student status sa pamamagitan ng full-time enrollment. Kapag ang F1 international student ay hindi nakapag-maintain ng kanyang status at ang Designated School Official (DSO) ay nagterminate ng kanyang SEVIS Record (Student and Exchange Visitor Information System Record), ang F1 student ay kailangang umalis kaagad ng US…
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 resides, and file an I-130 immigrant petition, with the fiancé(e) to undergo consular processing for an immigrant visa when the I-130 petition is approved. However,…
WHAT is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
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…
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…
A PERSON, who obtains his/her green card via marriage to a U.S. citizen spouse and is married for less than two years, has conditional permanent resident status. A conditional permanent resident has a green card that is valid for two years. In order to continue to have permanent resident status after two years, the conditional…
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest commences in a marriage. All property acquired by a married person during the marriage while domiciled in the State of California is community property. Family…
“By law, if a person is ever caught in a fixed marriage, no future petition can be approved.” ON April 14, 2020, the Ninth Circuit Court of Appeals (which is one level below the U.S. Supreme Court) ruled it is unconstitutional for the USCIS to deny a petition or application based on secret or undisclosed…
ANG green card holder ay maaaring mag-file ng N400 Application for Naturalization kung siya ay may 5 taon nang green card holder (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 statutory period na…
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…
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…
THE U.S. Embassy in Manila announced that because of the COVID-19 pandemic, it is canceling all immigrant and nonimmigrant visa interviews scheduled through May 31, 2020. They hope to resume routine visa services as soon as possible, but cannot provide a specific date at this time, meaning it is possible visa interviews will be canceled…
NOONG Lunes ng gabi, si President Trump ay nag-tweet na siya ay pansamantalang magsususpinde ng immigration sa U.S. Kinabukasan, o noong Abril 22, 2020, ang Presidente ay nag-isyu ng proclamation na nagsususpinde ng pagpasok sa US ng mga sumusunod: Mga indibidwal na nasa labas ng U.S. ng Abril 23, 2020; • at Walang immigrant visa;…
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…
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…
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…
According to Trump, pausing immigration will help out unemployed Americans by allowing American workers to be first in line when the economy reopens. The COVID-19 Pandemic and the resulting shut down of the US economy has wreaked havoc to the employment landscapre of Americans. Unemployment rates spiked to levels higher than the great recession of…
DEAR Attorney, I am a permanent resident, and am planning to visit my loved ones in the Philippines during the holidays. I am planning to leave this week and stay in the Philippines until after the New Years. Will I face any problems coming back to the US after being outside the country for 60…
KINIKILALA ng USCUS na ang COVID-19 pandemic ay nakapagdulot na ng maraming immigration-related challenges. May mga dayuhan o nonimmigrants na walang balak na magtagal sa US o manatili sa US lampas ng petsa ng kanilang authorized period of stay. Ngunit hindi makaalis ang mga dayuhang ito dahil sa COVID-19. Ayon sa USCIS, kung ito ang…
THE COVID-19 Pandemic and the resulting shut down of the US economy has wreaked havoc to the employment landscapre of Americans. Unemployment rates spiked to levels higher than the great recession of 2008. In response, President Donald Trump announced Tuesday April 21, 2020 that he will be placing a 60-day pause on the issuance of…
by: Atty. Richard M. Loew and Atty. Allison Aquino-Silva ON April 22, 2020, President Trump issued a Proclamation that prevents certain individuals with immigrant visas from entering the United States beginning April 24, 2020. The proclamation is valid for 60 days, or June 23, 2020. The proclamation targets both employment-based and family-based immigrant visas. The…
ON April 22, 2020, President Trump issued an Executive Order (EO) or Proclamation, effective at 11:59 PM on April 23, 2020, suspending for 60 days the entry of immigrants into the U.S., as they may compete for jobs with unemployed Americans caused by the COVID-19 pandemic. Some highlights are: 1. It applies to: a. Immigrant…
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 more at risk of having serious complications with this virus. Individuals are dying all over the world in exponential numbers. Although we cannot completely control…
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 U.S. na may immigrant visa. Kung ang mga kapamilya ay nasa U.S. na, maaaring silang makakuha ng green card…
DEAR Attorney Tan, I recently married a US Citizen, who is my second husband. He has filed an immigrant visa petition and 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 petition…
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 more at risk of having serious complications with this virus. Individuals are dying all over the world in exponential numbers. Although we cannot completely control…
ON April 13, 2020, the Department of Homeland Security (DHS) announced it will exercise more flexibility for non-immigrants who must depart the U.S. by a certain date, but are now facing “immigration-related challenges as a direct result of the COVID-pandemic.” DHS is aware that certain nonimmigrants must depart the U.S. before their authorized period of…
