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 ay nagpapahintulot sa kumpanya sa ibang bansa na walang kaakibat na kumpanya sa U.S. na magpadala ng executive o manager sa U.S., o empleyadong may…
THE debate on Immigration and Deportation continues across the board, which has resulted in changing policies within the Department of Homeland Security. What is the process of getting deported? What can be done? What can one expect? These may be some of the questions that people think about. Normally, deportation cases proceed through the Department…
IN A previous article I discussed some tips, strategy, and suggestions to safeguard your family-based petition. Here are more suggestions and observations: 5. Notify NVC of beneficiary’s marriage or divorce/annulment. Sometimes, a person is petitioned by their U.S. citizen parent while they are still single, and they later get married. In other cases, a person…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides“….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code 760. This becomes a problem if you are the spouse…
KAPAG ang F1 international student ay hindi nakapanatili ng kanyang status at ang Designated School Official (DSO) ay nagterminate ng kanyang SEVIS Record (Student and Exchange Visitor Information System Record), ang F1 student ay kailangang magfile ng reinstatement ng kanyang F1 status sa USCIS. Maaari din siyang umalis kaagad o lumabas kaagad ng US upang…
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…
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…
Recently, I was asked if we here at Chua Tinsay & Vega, APLC handle divorce cases. Yes, we do! We handle divorce cases here in California, including Division of Community Assets and Debts, Child Custody, Child Support, Spousal Support, with special handling of issues relating to Military Divorces. Divorce, especially in the beginning stages, is…
RECENTLY, our office has noticed growing concern in the community about the possibility of immigration (ICE) agents unexpectedly knocking on the door of your home. Our office has received a lot of inquiry as to what to do in such a situation. It is important to realize that all people living in the United…
KUNG ang magulang/mga magulang na U.S. citizen (USC) ay magkaroon ng anak na isinilang sa ibang bansa o sa labas ng U.S., ang kapanganakan ay dapat iulat sa lalong madaling panahon sa U.S Consulate o U.S. Embassy upang makakuha ng ulat ng pag-angkin ang bata sa U.S. citizenship. Ang opisyal na ulat ay tinatawag na…
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
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…
MOST family-based petitions take years to be processed and for the priority date to finally become current. For example, it could take nine or more years for USCIS to process a petition for a married son or daughter or a sibling, and then up to 30 years for the priority date to become current, or…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code 760. This becomes a problem if you…
ANG isang lawful permanent resident (LPR) o green card holder na nasa pagitan ng 18 hanggang 26 taon gulang ay kailangan magrehistro para sa Selective Service at magpakita ng ebidensiya ng pagrehistro para sa kanyang N-400 Application for Naturalization. Ayon sa USCIS Policy Manual, ang isang aplikante para sa naturalization ay kailangang magpakita na siya…
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…
“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…
“Trump doesn’t want new immigrants living off of taxpayers. Instead, they either must support themselves or seek support from their family members, especially from the one who signed the affidavit of support.” THE Trump Administration recently announced new regulations on public charge, to be effective October 15, 2019. The plan is to deny green cards…
DIVORCED parties are sometimes ordered to pay child support and spousal support in the divorce judgment. The support orders are generally based on the parties’ financial situation and custody arrangements at the time of the settlement or trial. However, what if your income decreases after the divorce or what if your spouse’s income increases after…
DEAR Attorney Tan, I entered the US in 1998 as a crewman. I have recently married a US citizen and would like to get a green card. However, I have heard that since I entered as a crewman, I cannot adjust my status to a permanent resident. Is this true? –Lost on Land Dear Lost…
“Before an alien’s nonimmigrant visa is approved, a U.S. consular officer must first determine whether the alien seeks to enter the U.S. permanently.” BAGO maaprubahan ang nonimmigrant visa ng isang dayuhan sa U.S. Embassy, kailangan munang magkaroon ng determinasyon ang U.S. consular officer kung ang aplikante ay may balak na manatili ng permanente sa U.S….
DEAR Atty. Gurfinkel: I was petitioned as “single” by my immigrant (green card) parent in 2008. The priority date is now current, and I am getting paperwork and forms from the NVC to fill out. I have a live-in partner, and we had a child together. Although we never married, we put a date of…
A COMMON question that is asked by a person who has a pending immigration petition or application is “how much longer until USCIS makes a decision?” The question is understandable, in that an unreasonable delay in the USCIS’ adjudication of a petition or application can have adverse effects, including loss of employment and employment opportunities,…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code 760. This becomes a problem if you…
Noong Agosto 12, 2019, ang USCIS ay nagpahayag ng final rule na nagbabago ng mga regulasyon ng Department of Homeland Security (DHS) tungkol sa public charge. Sa ilalim ng Immigration and Nationality Act (INA), ang isang dayuhan ay maaaring maging inadmissibile o di pahihintulutang pumasok ng US kung mayroong posibilidad na siya ay magiging public…
ON August 14, 2019, the Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility under the Immigration and Nationality Act (INA). The rule is set to go in effect on October 15, 2019. What is the “new” Public Charge rule? The DHS final rule is not new, but it does…
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…
MANY people believe that once they obtain a green card through marriage, they are “home free” as far as their legal status is concerned. They are now green card holders. They can get divorced, remarry, file a petition for their new spouse, seek naturalization, etc. Imagine a green card holder’s surprise when USCIS “reopened” his…
SA ilalim ng Immigration and Nationality Act, ang Kalihim ng Homeland Security ay may discretion na magbigay ng parole. Ang parole ay nagpapahintulot sa ilang mga dayuhang inadmissible o may ineligibility na ma-admit sa US na pisikal na pumasok sa US nang pansamantala. Ang Department of Homeland Security (DHS) ay maaaring magbigay ng parole kapag…
UNDER Howell v. Hamilton Meats & Provisions (2011) 52 C.4th 541, the California Supreme Court ruled that persons who are injured and who are pursuing a personal injury claim cannot recover the full amount of medical bills incurred if an insurer paid a smaller, negotiated amount to the medical provider. The Court’s ruling further limited…
