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 a legal permanent resident, or allowed to adjust status status to a greencard holder. Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual…
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 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…
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…
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 for naturalization. It could result in the revocation of their green card and deportation/removal. Every year, thousands of people obtain green cards for themselves and…
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. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
“ 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 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…
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 U.S. citizen [USC]; at (2) Family Preference: F1 – dalaga o binatang anak [na may 21 taon gulang na] ng USC; F2A – Asawa at…
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. Therefore, since THEY see no problem with their case, the officer, consul, or adjudicator would similarly see no problem and should readily approve it. Even…
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…
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…
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 salitang “kasal” ay tumutukoy lamang sa legal union ng isang lalaki at isang babae, bilang mag-asawa, at ang salitang “asawa” ay tumutukoy lamang sa magkaibang…
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 significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this process is sometimes…
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. Based on that approved I-140 petition, I filed an application for green card (I-485 adjustment of status) in August 2014. Since that time, my green…
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…
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 in finding resources for health, mental…
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 ay nasa removal proceedings na ay karaniwang hindi maaaprubahan hanggang ang dayuhan ay manirahan sa labas ng U.S. ng dalawang taon mula sa kanyang kasal…
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 it occurs after your marriage. For couples that get married without a prenuptial agreement, it is not too late to have an agreement dealing with…
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 card, only to be prevented from doing so because he/she has a prior removal or deportation order. A typical scenario involves a person who entered…
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 primary beneficiary and his derivative spouse and minor children could continue being processed for their green cards, despite the petitioner’s death. However, if the…
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…
“ 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 DHS/USCIS na ipagpatuloy ang implementasyon ng bagong public charge rule. Ayon sa USCIS, ang Inadmissibility on Public Charge Grounds Final Rule ay ipapatupad simula Pebrero…
“ 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 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…
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 category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…
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 parties do not need. An alternative to a costly and lengthy divorce is mediation. Mediation provides an option to divorcing families or families embroiled in…
According to USCIS, “self-sufficiency has been a core tenant of the American dream. Self-reliance, industriousness, and perseverance laid the foundation of our nation and have defined generations of hard-working immigrants seeking opportunity in the United States ever since.” THE U.S. Supreme Court recently cleared the way for the Trump Administration to enforce new (and tougher) public…
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,…
Divorcing couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee that their soon to be ex-spouse will share in the college expenses of their children. This is specially the case when the other spouse has…
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…
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee that their soon to be ex-spouse will share in the college expenses of their children. This is specially the case when the other spouse has…
NOONG Enero 9, 2020, ang USCIS ay nagbigay ng pormal na anunsyo ng implementasyon ng H1B registration process para sa Fiscal Year (FY) 2021 H1B cap-subject petitions. Kasama sa H1B 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 exemption” visa…
