Wills vs. trusts
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…
Category: Immigration Columnists
Read More
How important is it to have a living trust?
“ 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…
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…
No more visitor visas for ‘birth tourism’
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…
Love and deportability: Divorce, domestic violence and immigration laws
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…
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. Ang I-601A Waiver…
What is the ‘inadmissibility on public charge grounds’ final rule?
IMMIGRANTS who are identified by the USCIS or the US Embassy of becoming a public charge will not be issued a U.S. visa, granted admission to the United States as…
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…
Petitioning children of your spouse from a previous marriage
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…
Naturalization denied because didn’t work for employer
IF A person did not work for their sponsoring employer after they obtained a green card (through PERM/labor certification), it could create risks and problems for them when they file…
Dealing with assets omitted from a divorce case
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. …
Removing the conditions of your permanent residence without your petitioning spouse’s participation
“ Documents such as joint bank and credit card statements, and photos that demonstrate that the marriage was entered in good faith should be presented.” A PERSON who obtains his/her…
Petitions for adult children of LPRs and US citizens
SA ilalim ng U.S. Immigration Law, mayroon dalawang uri ng family-based immigrant visas: (1) Immediate Relative: asawa, dalaga o binatang anak [na wala pang 21 taon gulang], o magulang ng…
How would an immigration officer view your case?
WHEN some people apply for immigration benefits, they look at their entitlement or eligibility from their OWN viewpoint. Many are overly optimistic that their case has no problems or issues….
California Divorce with a twist: The military spouse
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…
Child custody for working parents
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…
Marriage during removal proceedings
SA kasong United States v. Windsor, na lumabas noong Hunyo 2013, sinabi ng US Supreme Court na ang Section 3 ng Defense of Marriage Act (DOMA), na nagsasaad na ang…
Will a domestic violence finding affect my claim for sole or joint custody of our children?
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or…
AC 21: Changing the employer of your employment-based green card application
DEAR Attorney Tan, I have an approved I-140 immigrant petition which was filed by Company A on my behalf. Company A would like to employ me as a bookkeeper. …
March 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…
Love and deportability: Divorce, domestic violence, and immigration laws
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…
Marriage during removal proceedings
ANG I-130 Petition for Alien Relative ng isang U.S. citizen (USC) o lawful permanent resident (LPR) para sa kanyang dayuhang asawa batay sa kasal nila na naganap noong ang dayuhan…
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…
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…
What happens if the beneficiary of a petition dies?
MOST people are aware that if the petitioner (person who files a petition) dies, the beneficiary (family member being petitioned) may apply for humanitarian revalidation/reinstatement. If USCIS approves the request,…
The Attorney-Client Relationship
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…
New public charge rule to be implemented
“ The public charge inadmissibility rule mainly impacts those seeking green cards or immigrant visas.” NOONG Enero 27, 2020, ang U.S. Supreme Court ay naglabas ng ruling na nagpapahintulot sa…
Maximizing recovery in personal injury cases
“ The monetary value of sick leave and vacation time that are used due to the injury are also recoverable.” DEAR Attorney Tan, I was driving home and was at…
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…
Mediation on divorces
by: Atty. Ethelene F. Salas DIVORCES or any family law related problems do not have to get costly and lengthy. These problems can carry its own set of stresses that…