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”. Ang isang beneficiary ay masasabing nag- “age out” kung sila ay naging 21 taon gulang na bago siya mabigyan ng immigrant visa at ito ay…
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, if the petitioner dies, the petition dies with him. However, in certain circumstances, the beneficiary may be eligible to apply for humanitarian revalidation or reinstatement…
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 on Permanent Residence. She begins with a brief history of how the “conditional permanent resident status” came about: “In 1986, as part of President Reagan’s…
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 permanent resident has a green card that is valid for 2 years. In order to continue to have permanent resident status after 2 years, the…
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…
“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 departure date indicated in the I-94.” SA ilalim ng Immigration and Nationality Act (INA), ang isang dayuhan ay nagkakaroon ng unlawful presence sa dalawang…
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…
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…
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 and a woman were unconstitutional. The Court invalidated Section 3 of the Defense of Marriage Act (DOMA), which did not allow Federal Government recognition of…
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 ends a valid existing marriage. In a nullity, a determination is made about the validity of the marriage itself. When a marriage is annulled, it…
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 card ay nakuha dahil sa kasal sa US citizen at sila ay nagsasama pa din). Ang aplikante para sa naturalization ay kailangang magpakita na…
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 on Permanent Residence. She begins with a brief history of how the “conditional permanent resident status” came about: “In 1986, as part of President Reagan’s…
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 it is enacted (or becomes law), it could cut the waiting time for family and employment petitions to five years. This could include brothers and…
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 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 the I-130 petition after I came to the US in 1999 as a tourist from the Philippines. Since my arrival, I have lived in the…
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 USCIS ang mga bagong panuntunan sa mga petisyon at aplikasyon na nakapost-mark mula Oktubre 15, 2019. Noong Oktubre 9, 2019, ang USCIS ay nag-publish…
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,…
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 case is now dead. However, depending on the reasons for a denial, it could still be possible to salvage the case and get it approved. …
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 the I-130 petition after I came to the US in 1999 as a tourist from the Philippines. Since my arrival, I have lived in the…
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 kasal sa US citizen at ang aplikante ay kasal pa rin sa US citizen), siya ay taong may good moral character (GMC). Kasama sa…
THINKING about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $150,000 in gross assets and you do not…
San Diego is “military town” where 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…
“Legal status enables a person to work at a well-paying job equal to their education or experience. If a person is out of status, they may have to accept any kind of low-paying job just to survive and pay their bills. If they legalize their status, they could possibly work anywhere and/or at a well-paying…
THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose…
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 green card ay maaaring makuha sa pamamagitan ng petition ng isang asawanag US citizen (USC). Subalit may mga pagkakataon na may karahasan na ginagawa ang USC sa kanyang asawang dayuhan at ang dayuhan ay nagtitiis at nananatili sa kasal dahil sa kanyang immigration status. Ang petition sa ilalim ng Violence Against Women Act o…
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)…
“If your priority date is already current, but you have received no notices or forms from NVC, you may want to take immediate action to find out the status of your case.” IN a previous article I discussed some tips, strategy, and suggestions to safeguard your family-based petition. Here are more suggestions and observations: 7….
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,…
GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
