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….
Category: Immigration Columnists
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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…
Supreme Court DACA decision is ‘reprieve,’ not victory
On June 18, 2020, the U.S. Supreme Court issued its DACA decision, but it did not actually uphold DACA. Instead, it based its decision on procedural technicalities, that the government…
The July 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…
Green card holders unable to return to US due to COVID-19
ANG mga lawful permanent resident (LPR) o green card holders na nasa ibang bansa at hindi makapag-biyahe pabalik ng U.S. dahil sa COVID-19 pandemic ay kailangang maging handang magpakita ng…
The Statue of Liberty versus public charge
THE Statue of Liberty in New York Harbor has always been a symbol of immigration and of welcoming immigrants to the U.S. The USCIS has used the Statue of Liberty…
Social media information and US visa
SA panahon ngayon ng pandemic at dahil sa madaming lockdown order sa buong mundo, marami ang nagtatrabaho mula sa bahay. Marami rin ang bumabaling sa social media upang magbahagi ng…
Maximizing 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…
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…
Is your DAPA child now over 21?
IN November 2014, Pres. Obama announced a program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), which would have allowed parents of U.S. citizens (or lawful permanent…
Marriage fraud bar
ANG isang karaniwang paraan ng pagkuha ng green card ng dayuhang nasa loob ng U.S. ay sa pamamagitan ng family petition ng kanyang asawang U.S. citizen (USC). Dahil ang asawa…
Reinstatement for surviving beneficiaries of an I-130 petition filed by a deceased relative
DEAR Attorney Tan, My U.S. 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…
K-1 visa: Fiance visa to marry US citizen
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…
USCIS to start reopening around June 4, 2020
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…
What’s the difference between an annulment and a divorce
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…
Termination of F1 student status
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…
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 the difference between an annulment and a divorce?
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…
The June 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…
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…
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 is married for less than two years, has conditional permanent resident status. A conditional permanent…
When am I considered separated from my spouse in a divorce case?
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…
‘Secret evidence’ denials are unconstitutional
“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…
Child support and naturalization
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…
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…