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 visa/ jumpship) Accepting unauthorized employment Entering the US without inspection (No I-94 or crossing the border without a visa) Remaining in the US past the…
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…
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 (Chart A) for family-based F2A preference category is CURRENT for all countries for the month of July 2019. The F2A category include the spouses and…
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 I do have some money to invest, I do not have the $500k-$1m that I read was necessary to get a green card through investment. …
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 think that since an asset or property is situated in a different country or state, that property is not community property and not subject to…
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: (1) sila ay nagkita na ng personal sa loob ng 2 taon bago i-file ang fiancé(e) petition (2-year requisite period); (2) sila ay may totoong…
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 abusive, cheated on me, and is now living with another woman with whom he already has two children. I want to join my family in…
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)…
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 for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I have…
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…
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 citizen (USC) at ang kasal ng mag-asawa ay wala pang 2 taon noong naaprubahan ng USCIS ang green card, ang green card na makukuha ng…
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 card, only to be prevented from doing so because he/she has a prior removal or deportation order. A typical scenario involves a person who entered…
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 child. Family Code 7610. Establishing parentage rights, including custody and visitation rights, becomes more problematic with unmarried Dads because proving yourself as the biological father…
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 green card, ang green card na makukuha ng dayuhan ay conditional green card na may bisa na 2 taon. Ang dayuhan ay tinawag na conditional…
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 in the Senate and be signed by President Trump. Its provisions would increase the waiting time for green cards through Filipino employment-based petitions, and decrease…
“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 issues.” RECENTLY, the State Department revised immigrant and non-immigrant visa application forms to add a question asking a person to list each social media platform…
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 of Justice Executive Office for Immigration Review (immigration court) where individuals appear and present their cases in front of an Immigration Judge….
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…
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 an immediate relative and entitled to immediately apply for a green card inside the United States. This is usually done by simultaneously filing an I-130…
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 hindi talagang permanente sapagkat maaaring magkaroon ng determinasyon na ang LPR ay nag-abandona na ng kanyang LPR status sa US. Ang abandonment ay maaaring maging…
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…
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 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 indibidwal ay maaaring tumira ng permanente at magtrabaho ng permanente sa US. Kung ang permanent resident (“PR”) ay 18 taon gulang o mahigit pa, kailangang…
MANY people visit the U.S., and upon arrival are allowed to remain for six months. Near the end of that six months, some people decide they want to stay longer, either to spend more time with family, or visit other places within the United States. Accordingly, they file for an extension. If the extension is…
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. Lawful permanent residents and their families should take note that for the most part, things are operating as usual at the U.S. Immigration and Citizenship…
UNDER the Filipino World War II Veterans Parole (FWVP) policy, USCIS allows certain beneficiaries of approved family-based immigrant visa petitions to request a grant of parole so that they may come to the U.S. as they wait for their priority date to become current. The policy recognizes the contributions of Filipino veterans who served in…
ANG isang dayuhan na may false claim ng US citizenship ay maaaring maging inadmissible sa US. Ang mga sumusunod ang mga elemento ng false claim ng US citizenship: (1) ang dayuhan ay nagsabi at naglinlang na siya ay US citizen; (2) ang kanyang pagsabi na siya ay US citizen ay hindi totoo; (3) alam ng…
“The alien spouse will have to file a petition to remove the condition 3 months prior to the expiration of the conditional greencard which is good for 2 years.” 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,…
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 (Chart A) for family-based F2A preference category is CURRENT for all countries for the month of July 2019. The F2A category include the spouses and…
