Inadmissibility due to public charge
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…
Category: Immigration Columnists
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DHS announces final rule on Public Charge ground of inadmissibility
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…
September 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…
Petition denied based on petitioner’s prior fixed marriage
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….
News on Filipino WW2 Veterans Parole Program
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…
Maximizing recovery in peronal injury cases
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…
How can INA section 245(i) benefit you?
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…
Petition denied based on petitioner’s prior fixed marriage
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….
Immigration updates: F2A category current for July, DACA, USCIS Manila Field Office
F2A CATEGORY (FAMILY-SPONSORED PREFERENCE CASES) CURRENT FOR JULY 2019. The Department of State posted the Visa Bulletin for July 2019, showing the Final Action Date chart for family-sponsored preference cases…
E-2 Treaty investor visa allows for stay in US along with family
DEARAttorney Tan, I would like to know if there is any way for my family and I to stay in the US if I invest in a US business. While…
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 disclose assets and properties situated in California. Even worst, sometimes parties even…
Fiancé(e) petition
ANG isang US citizen (USC) ay maaaring mag-file ng petition upang madala ang kanyang fiancé(e) bilang K1 nonimmigrant upang magpakasal sila sa US. Kailangang maipakita ng USC ang mga sumusunod: …
Terminating a failed marriage could ‘expedite’ your petition
DEAR Atty. Gurfinkel: I was petitioned by my U.S. citizen parent in 2008 as a married child (category F-3). However, I am now separated from my spouse, as he was…
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…
Consequences of failing to disclose material asset, income, facts and information in a divorce case
THERE is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law…
Reinstatement for surviving beneficiaries of an I-130 petition filed by a 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…
Removal of conditions on green card
NOONG isang linggo ay aking tinalakay ang Removal of Conditions on Green Card at sinaad ko na kapag ang green card ay nakuha sa pamamagitan ng kasal sa isang US…
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…
How to obtain custody and visitation rights for unmarried dads
ESTABLISHING parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the…
Removal of conditions on green card
KAPAG ang green card ay nakuha sa pamamagitan ng kasal sa isang US citizen (USC) at ang kasal ng mag-asawa ay wala pang 2 taon noong naaprubahan ng USCIS ang…
HR 1044 would hurt and help Filipinos
ON July 10, 2019 the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act of 2019 (HR 1044). To become a law, it would still have to pass…
Five years of social media required on visa application forms
“Disclosing a person’s social media is part of the Trump administration’s Muslim travel ban initiative and “extreme vetting,” to determine whether a person may be “inadmissible” based on terrorism related…
The debate on immigration and deportation continues across the board, which has resulted in changing policies within the DHS
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…
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…
Permanent residency through marriage to US citizen spouse
ONE traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse. As a spouse of a US Citizen, an alien is considered…
Abandonment of green card
ANG green card na tinatawag din na permanent resident card ang patunay na ang isang indibidwal ay may lawful permanent resident (LPR) status sa US. Subalit ang LPR status ay…
August 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…
What is the difference between an annulment and 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…
Renewal or replacement of green card
ANG green card na tinatawag din na permanent resident card ang patunay na ang isang indibidwal ay may lawful permanent resident status sa US. Ito rin ay patunay na ang…