Can I get a green card if I had a previous marriage 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…
Category: Immigration Columnists
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VAWA 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…
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…
Safeguarding your petition, part 3
“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…
K-1 fiancé(E) visa: Getting significant other to the United States
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…
Do I have a community property interest in a house which my spouse acquired before our marriage?
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…
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…
Expedited Removal Explained
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…
Safeguarding your petition, part 2
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….
Do I need a premarital agreement before getting married?
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…
Reinstatement of F1 student status
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), …
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. …
October 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…
All the small things: Issues that come up in divorce when there are minor children
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…
Checklist – If immigration officers (ICE) knock on your door
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…
Consular report of birth abroad
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…
Dealing with assets omitted from a divorce case
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. …
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…
Safeguarding your petition, Part 1
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…
Do I need a premarital agreement before getting married?
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…
Selective service registration for naturalization
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…
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…
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…
New ‘public charge’ regulations could result in more denials
“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…
Modifying down child and spousal support obligation after a divorce
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…
Permanent residence for crewmen
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…
State Dept.’s 90-day rule
“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…
Date of marriage on illegitimate child’s birth certificate should not harm single parent’s petition
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…
Writ of Mandamus relief for unreasonable delay in pending immigration filings
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,…
Do I need a premarital agreement before getting married?
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…