THE fight against the COVID-19 Pandemic has wreaked havoc on our economy. As a consequence of shutting down the global economy, businesses are forced to lay off a lot of workers. If you have an existing child support or spousal support obligation (court order) and you are laid off from your job causing a major…
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…
IPINAHAYAG ng USCIS noong Abril 1, 2020 na ang mga H-1B cap-subject petition para sa fiscal year (FY) 2021 na napili sa mga nag-electronic registration ay maaari nang i-file. Kasama sa H-1B cap-subject petition ang mga visa numbers na may “statutory cap” na 65,000 na empleyado bawat FY, pati na rin ang karagdagang 20,000 “master’s…
ON April 2, 2020, the Ninth Circuit Court of Appeals ruled that if an alien failed to maintain lawful status (or went out of status) as a result of his or her attorney messing up and missing a filing deadline or providing wrong advice, there could still be hope or relief for that alien: “When…
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…
US Embassy Manila visa interviews temporarily ceased SIMULA Marso 18, 2020, ang USCIS ay nagsuspende ng mga routine in-person service sa mga USCIS field office, asylum office at Application Support Center para pabagalin ang pagkalat ng COVID-19. Ang pagsuspende ng operasyon hanggang Abril 1, 2020 ay extended hanggang Abril 6, 2020. Ayon sa USCIS, ang…
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…
IN United States vs. Windsor, 570 U.S. (2013) (Docket No. 12-307), the Supreme Court held that Federal restrictions of the terms “marriage” and “spouse” to marriages between a man and a woman were unconstitutional. The Court invalidated Section 3 of the Defense of Marriage Act (DOMA), which did not allow Federal Government recognition of same-sex…
WITH the advent of the COVID-19 pandemic, along with “stay-at-home,” “shelter in place,” quarantines, travel bans, etc., there has been a profound effect on immigration. Here are some of the latest restrictions, limitations, and changes as of March 30, 2020. This is not an exhaustive list, and is subject to change literally on a daily…
A STEPPARENT may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild. However, before a stepparent may be able to file an immigrant petition for a stepchild, the stepparent–stepchild relationship should have been created before a stepchild turns 18 years old. This means that the stepparent and…
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…
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…
SIMULA Marso 18, 2020, ang USCIS ay nagsuspende ng mga routine in-person service sa mga field office, asylum office at Application Support Center para pabagalin ang pagkalat ng COVID-19. Ito ay epektibo hanggang Abril 1, 2020. Dahil sa suspensyon, lahat ng green card at naturalization interview mula Marso 18, 2020 hanggang Abril 1, 2020 ay…
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…
SAN Diego is “military town” and Navy and Marine Corps families abound, as well as retirees from different branches of our military. The military life is a test of resilience and grit for many families, with divorce as almost an expectation rather than the exception. The following seeks to address or clarify some common misconceptions…
WITH the advent of the Covid-19 pandemic, along with “stay-at-home,” “shelter in place,” quarantines, travel bans, etc., there has been a profound effect on immigration. Here are some of the restrictions, limitations, changes at the present time. This is not an exhaustive list, and is subject to change literally on a daily basis: 1. The…
ANG H1B application process ay inumpisahan na noong Marso 1, 2020 sa pamamagitan ng H1B cap electronic registration. Ayon sa USCIS, ang electronic registration ay mananatiling bukas hanggang Marso 20, 2020 para sa 2021 fiscal year (FY). Ito ay sang-ayon sa pormal na pahayag ng USCIS noong Enero 9, 2020 ukol sa implementasyon ng H1B…
MANY parents believe that if you are a working parent, then the other non-working parent will get physical custody of the minor children automatically. This is a misperception of the law and simplifies the law too much that it trivializes it. There are many more issues that a court must look at in determining which…
THE Covid-19 Pandemic is a scary reality which affects everyone globally and has shut down the global economy. Individuals over 65 are more at risk of having serious complications with this virus. Although we cannot completely control how we would respond to such virus, we can prepare our finances and estate incase the worst happens. …
“Loss of earnings is often a significant part of an injured person’s claim for economic damages.” 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…
Watch Atty. Gurfinkel’s latest immigration update on COVID 19, where USCIS is cancelling all in-person services until at least April 1, 2020, and Immigration Courts (EOIR) have cancelled all non-detained hearings (Master and merits).
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…
AS attorneys, we get frantic or panicked phone calls from our clients worried about their cases. It’s a natural response – nobody wants to be in a place of unknowing – and we try our best to walk people through the process. For the most part, the panic comes from information gathered from the wonderful…
SIMULA noong Pebrero 24, 2020, may bagong form, ang Form I-944 Declaration of Self-Sufficiency na kailangang i-file kasabay ng I-485 Adjustment of Status Application. Ang Form I-944 ay maaari ring hilingin ng USCIS sa Request for Evidence (RFE) para sa mga application for extension of status o change of status. Ang layunin ng Form I-944…
WHEN a person passes away, the decedent’s assets could be divided in several ways: intestate succession (decedent left behind no will), testate succession (the decedent left a will), or through a trust instrument. Certain assets, such as bank accounts or qualified assets, could also be transferred through the use of beneficiary designations. Probate Court When…
“ The assets held in your living trust will be managed by the trustee and distributed according to your directions without court supervision and involvement when you pass away.” THINKING about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. …
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…
THE U.S. Department of State (DOS) has revised its regulations on eligibility for visitor visas, establishing that “travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B non-immigrant visa.” Consequently, “a consular…
WHAT if I do not have legal papers, and my spouse is abusive? If safety is a concern, we urge people to seek help first, particularly if there are minor children who may also be at risk of abuse. For non-emergency calls, individuals may dial 2-1-1 to seek help finding resources for health, mental health,…
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. Ang I-601A Waiver ay kailangang i-apply at maaprubahan bago umalis ang dayuhan sa US para sa kanyang consular immigrant visa interview. Upang maging eligible para sa I-601A provisional…
