“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 well-curated response: Nothing. A person who has set out to hear only what s/he wants to hear can hear nothing else but what s/he wants…
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 visa/ jumpship) Accepting unauthorized employment Entering the US without inspection (No I-94 or crossing the border without a visa) Remaining in the US past the…
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 ng Form N-565 Application for Replacement Naturalization/Certificate Document. Ang filing fee sa Form N-565 ay $555. Ang aplikante ay maaari ring humingi ng…
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 visa/ jumpship) Accepting unauthorized employment Entering the US without inspection (No I-94 or crossing the border without a visa) Remaining in the US past the…
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 by the U.S. Department of Labor (DOL), based on the job requirements and location of employment. A prevailing wage determination from DOL is obtained by…
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 for Dissolution (Divorce) or, in some instances, to get a judgment of divorce. What needs to happen is that the other party (your soon-to-be ex-spouse)…
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 for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
“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 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…
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 sitwasyon na maaaring humingi o humiling ng humanitarian reinstatement sa USCIS ang principal beneficiary. Ang humanitarian reinstatement relief ay hindi maibibigay kung ang petitioner ay…
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 is taking a very hard line on immigration. People understand now, more than ever, it is helpful to have attorney representation, rather than trying to…
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 for Dissolution (Divorce) or, in some instances, to get a judgment of divorce. What needs to happen is that the other party (your soon-to-be ex-spouse)…
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…
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 for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
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 ng immigration benefit, kahit namatay na ang petitioner. Ang mga biyudo at biyuda ng mga US citizen (USC) ay kasama sa statutory definition ng…
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…
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 a key role in helping us achieve them. At this Thanksgiving, I would like to once again give thanks to all of the people who…
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 most popular immigration program on television – “Citizen Pinoy”. What is the fastest way to petition a legally-adopted son from the Philippines, after all necessary…
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…
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 sa mga “Dreamer” o nasa ilalim ng DACA. Ang Deferred Action for Childhood Arrivals (DACA) Program ay nagbibigay ng deferral laban sa deportation. Ang DACA…
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 that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
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 is…
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 up in the Naturalization process. DAILY news reports flooding our already fatigued psyches have been fixated on Immigration, and the way to cut through the…
“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 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…
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 category), members of professions with advanced degrees or exceptional ability (EB2 category), skilled workers, professionals, and workers other than skilled workers and professionals (EB3 category)….
IN A divorce proceeding, people sometimes have a misconception that the only assets or properties that have to be disclosed are those situated in California. Even worse, sometimes parties even think that since an asset or property is situated in a different country or state, that property is not considered community property and not subject…
Get the answer this Sunday on — “Citizen Pinoy: Your Tanong, My Sagot” THIS Sunday on TFC, the second batch of Kapamilya who attended the tapings in Virginia will get their questions answered on the most popular immigration program on television – “Citizen Pinoy.” Leading U.S. immigration attorney Michael J. Gurfinkel replies to questions like…
WHEN a person files a petition or application, certain information and documents are required as part of the filing. For example, if a person is being petitioned by a spouse, a required document would be a marriage contract. If a required document is missing, the petition or application may be denied. Petitions and applications have…
DAILY news reports flooding our already fatigued psyches have been fixated on Immigration, and the way to cut through the noise and confusion is to keep still and stay focused. Lawful permanent residents and their families should take note that for the most part, things are operating as usual at the U.S. Immigration and Citizenship…
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…
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 that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
