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…
Category: Immigration Columnists
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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…
Supreme Court clears way for new public charge regulations
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…
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…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
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…
Can I get a green card if I had previous marriage petition denied based on fraud?
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…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
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…
The new H1B cap registration system
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…
No visas for ‘offspring’
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,…
K-1 fiancé(e) visa: Getting your significant other to the United States
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…
Inadmissibility due to false claim to US citizenship
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…
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…
February 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…
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…
Putative spouse status as a defense to a petition for nullity of marriage
“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…
USCIS announces new H-1B visa procedures
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…
Studying in the US under F1 Visa
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…
Putative spouse status as a defense to a petition for nullity of 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…
NVC will shred your case if you don’t respond
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…
Job changes after approved I-140 immigration petition
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…
Can I obtain a divorce if my spouse refuses to sign?
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…