Children of derivatives, called “Offspring,” are NOT eligible for immigrant visas. This would include any babies of Derivative Children (or grandchildren of the Primary Beneficiary). DEAR Atty. Gurfinkel: Years ago, I was petitioned by my U.S. citizen parent in the F-3 category (married child of U.S. citizen). The priority date on my petition is now…
SEVERAL options exist for a US 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,…
ANG isang dayuhan na may false claim ng US citizenship upang makakuha ng mga benipisyo sa ilalim ng federal law o state law ay maaaring maging inadmissible. Ang mga sumusunod ang mga elemento ng false claim ng US citizenship: (1) ang dayuhan ay nagsabi at naglinlang na siya ay US citizen; (2) ang kanyang pagsabi…
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…
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…
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…
“A putative spouse must have had a good faith belief in the existence of a lawful California marriage.” ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in which the marriage may be held to…
ON January 9, 2020, the USCIS finalized the implementation of a significant change to the processing of H-1B visa petitions this year. Consequently, there will not be a short filing window at the beginning of April 2020, so there is no deadline in April 2020. Rather, the USCIS is implementing a registration requirement that will…
ANG isang dayuhan na nagnanais mag-aral sa US bilang full-time student ay kailangang kumuha ng student visa mula sa US Embassy o US Consulate sa kanyang bansa. Ang F1 academic student visa ay nagpapahintulot sa isang dayuhan na pumasok sa US bilang full-time student sa isang accredited college, university, seminary, conservatory, academic high school, elementary…
ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in which the marriage may be held to be null and void. These situations include, but are not limited to entering into a bigamous marriage, fraud…
DEAR Atty. Gurfinkel: I petitioned my married son in 1998 while he was still in the Philippines. He later came to the U.S. on a visitor’s visa and overstayed. We are now receiving notices from the National Visa Center (NVC) advising his priority date is current, his visa is available, and he needs to apply…
UPANG makakuha ng employment-based green card, karaniwan ay may tatlong yugto para dito. Ang unang yugto ay ang PERM Labor Certification, kung saan ang US employer ay magpapakita sa US Department of Labor (DOL) na walang kwalipikadong US worker para sa posisyon/trabaho na inaalok sa dayuhang empleyado. Pagkatapos maaprubahan ang the PERM Labor Certification, ang…
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s…
WHEN a petition is filed for a family member, the beneficiary (the person being petitioned) is assigned a “priority date,” which is their “place in line” for a visa. They can apply for their immigrant visa or green card only when their priority date is current (or visa is available), which can take many, many…
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…
KAPAG ang USCIS ay nag-deny ng application for naturalization, ang USCIS ay magbibigay ng Notice of Denial na nagsasaad ng legal at factual na dahilan nito. Maaaring tanggapin ng aplikante ang denial decision; maaari ring ang aplikante ay hindi sumang-ayon sa denial decision at siya ay mag-file ng Form N-336 Request for Hearing on…
THERE is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
“ A civil union or domestic partnership cannot be the basis for a same-sex, marriage-based immigrant petition.” IN United States vs. Windsor, 570 U.S. 744 (2013), 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…
MANY people have consulted with me after their case has been denied by a USCIS officer or consul at the Embassy. In some cases, the person has signed a confession, but claim it was not true. I asked them that if it was not true, why did they sign it? They reply the USCIS officer…
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…
There is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
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…
ANG U classification ay nagbibigay ng nonimmigrant status sa mga dayuhang biktima ng “qualifying criminal activity”. Noong naging batas ang Victims of Trafficking and Violence Prevention Act of 2000 na siyang naglikha ng U nonimmigrant status, ang layunin nito ay protektahan ang mga biktima ng mga ilang krimen dahil ang mga biktima ay naglakas-loob na…
COUPLES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. …
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,…
ALMOST 20 years ago, the U.S. State Department (DOS) provided guidance to consular officers that they should be “judicious” (use good judgment or common sense) about returning approved petitions to USCIS for revocation. In other words, they should not be “trigger-happy” in returning approved petitions. DOS warned that Posts “should not use the revocation request…
GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and of the county where…
ANG L1 nonimmigrant visa classification ay nagpapahintulot sa U.S. employer na maglipat ng mga empleyado mula sa kaakibat na kumpanya sa ibang bansa papunta sa kumpanya sa U.S. Ito rin ay nagpapahintulot sa kumpanya sa ibang bansa na walang kaakibat na kumpanya sa US na magpadala ng executive o manager sa U.S., o empleyadong may…
SEVERALl options exist for a US 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,…
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…
