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…
Category: Immigration Columnists
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Guidance on petition revocations
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…
Getting month residency requirement to file a divorce in California
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…
L1 intracompany transferees
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…
K-1 Fiancé(e) visa: Getting your significant other to the United States
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…
January 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…
Just say no: Legal advice from the internet
“MY brother’s neighbor’s girlfriend’s uncle had the same exact case and it got approved and they did not use an attorney.” I’ve heard this many times to have developed a…
How can INA section 245(i) benefit you?
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1…
Replacement of naturalization certificate
KAPAG ang Naturalization Certificate o Certificate of Citizenship ay nawala, ninakaw, nasira o nawasak, ang aplikante ay maaaring mag-apply ng replacement o kapalit ng Naturalization Certificate sa USCIS sa pamamagitan…
How can INA section 245(i) benefit you?
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1…
Embassy’s erroneous employment visa refusals
WHENEVER an employer sponsors (or petitions) an alien for labor certification (or PERM), the employer must agree to offer at least the “prevailing wage” for the job position, as determined…
California divorce, domestic violence, and US immigration laws
CALIFORNIA divorce – “No Fault.” California is a no-fault divorce state. A party filing for divorce does not need the consent of the other in order to file a Petition…
Starting the new year fresh with a divorce
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room…
Maximizing recovery in personal injury cases
“The first step is to make sure that any injuries that you have suffered in the accident are examined and treated.” DEAR Attorney Tan, I was driving home and was…
Humanitarian reinstatement of I-130 petition
KAPAG ang petitioner ng approved I-130 Petition ay namatay bago makuha ng principal beneficiary ang kanyang immigrant visa o green card, ang I-130 Petition ay magiging revoked na. May mga…
Explaining attorney fees and charges
MANY people want to retain an attorney to assist them with their immigration case, represent them at hearings or interviews, etc., especially during this era of Pres. Trump, where USCIS…
California divorce, domestic violence, and US immigration laws
CALIFORNIA divorce – “No Fault.” California is a no-fault divorce state. A party filing for divorce does not need the consent of the other in order to file a Petition…
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. …
Starting the new year fresh with a divorce
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room…
Widows and widowers of US citizens
KADALASAN, kapag ang petitioner ng I-130 Petition for Alien Relative ay namatay, ang petition ay automatically revoked. Subalit may mga beneficiary at family members na pinapahintulutang ipagpatuloy ang kanilang pag-apply…
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…
Thanksgiving is a time for giving thanks
THANKSGIVING is when people step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such…
Is it true that after a year of no communication regarding one’s visa application, the petition will be canceled or dismissed?
Get the answer this Sunday on ‘Citizen Pinoy: Your Tanong, My Sagot’ THE third batch of Kapamilya who attended the tapings in Virginia will get their questions answered on the…
Can I get a green card if I had a 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…
DACA dreamers
NOONG Nobyembre 12, 2019, ang Supreme Court ay duminig ng oral arguments sa tatlong kasong isinampa laban sa desisyon ni President Donald Trump na tapusin na ang deportation protection para…
Waiver of joint petition to remove conditional permanent residency on a marriage entered less than two years
THE Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of…
December 2019 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 priority…
Keeping still and carrying on amid the current immigration climate
Note that Naturalization Applications are highly scrutinized, and individuals should consult with a licensed and experienced immigration attorney with regard to potential issues in their immigration history that may come…
Maximizing recovery in personal injury cases
“Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for both past and future lost earnings.” DEAR Attorney Tan, I…
Premium Processing Service
ANG USCIS Premium Processing Service ay nagbibigay ng mas mabilis na pag-proseso ng I-140 Immigrant Petition para sa extraordinary ability aliens, outstanding professors and researchers, multinational executives and managers (EB1…