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…
Category: Immigration Columnists
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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…
Disclosure and characterization of overseas assets in divorce
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…
Is there still hope for the petition if after all documents and visa fees have been submitted, the petitioner dies?
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…
Outright denials for missing information or documents
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,…
Keeping still and carrying on amid the current immigration climate
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….
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…
Waiver of joint petition to remove conditional permanent residency on less than 2-year-old marriage
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…
The Child Status Protection Act (CSPA)
ANG Child Status Protection Act (CSPA) ay naging epektibo noong Agosto 2002. Ang CSPA ay isinabatas upang mapanatili ang “child status” ng ilang mga beneficiary na maaaring mag-“age out”. …
Is there hope after a denial? Part 2
IN a previous article, I discussed some situations where there could still be hope (or a chance) even if the case was denied. Here are more examples: Petitioner died Ordinarily,…
Playing the waiting game: Processing delays at USCIS
CASE example: I-751 applications In her article entitled “Agency Delays Enact the Administration’s Immigration Agenda” Sandra Feist examines the processing delays currently plaguing one particular application: the Removal of Conditions…
Removing the conditions of your permanent residence without your petitioning spouse’s participation
A PERSON who obtains his/her green card via marriage to a US citizen spouse, and who is married for less than 2 years has conditional permanent resident status. A conditional…
Getting around the six 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…
3-year and 10-year bar rules
“The alien who receives an I-94 starts accruing unlawful presence after the date of authorized stay indicated in the I-94. Hence, the alien must exit the US on or before…
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…
November 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…
Permanent residence based on same sex marriage
IN United States vs. Windsor, 570 U.S. ___ (2013) (Docket No. 12-307), the Supreme Court held that Federal restrictions of the terms “marriage” and “spouse” to marriages between a man…
What is the difference between an annulment and a divorce?
WHAT is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce…
Child support and naturalization
ANG green card holder ay maaaring mag-file ng N400 Application for Naturalization kung ang kanyang green card ay may 5 taon na bago ang filing (3 taon kung ang green…
Playing the waiting game: Processing delays at USCIS
Case example: I-751 applications In her article entitled “Agency Delays Enact the Administration’s Immigration Agenda” Sandra Feist examines the processing delays currently plaguing one particular application: the Removal of Conditions…
RELIEF Act could expedite family petitions
ON October 16, 2019, a bill (or proposal) was introduced in the Senate called the “Resolving Extended Limbo for Immigrant Employees and Families Act,” or RELIEF Act (SB 2603). If…
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…
Reinstatement for surviving beneficiaries of an I-130 petition filed by deceased relative
DEAR Attorney Tan, My US Citizen mother filed an I-130 immigrant petition on my behalf, which has a priority date in February 2000 and which has been approved. She filed…
New public charge rules effective October 15, 2019
ANG mga panuntunan na nagbago ng mga regulasyon tungkol sa public charge ground ng inadmissibility ay magiging epektibo sa Oktubre 15, 2019. Ipapatupad ng Department of Homeland Security (DHS) at…
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…
Is there hope after a denial? Part 1
MANY people believe that once their case is denied, that is the end of the line. No more hope or chances. There is nothing more they can do, and the…
Reinstatement for surviving beneficiaries of an I-130 petition filed by deceased relative
DEAR Attorney Tan, My US Citizen mother filed an I-130 immigrant petition on my behalf, which has a priority date in February 2000 and which has been approved. She filed…
Statutory period for GMC
ANG aplikante para sa naturalization ay kailangang magpakita na sa loob ng statutory period na 5 taon bago ang filing (3 taon kung ang green card ay nakuha dahil sa…