Deported because extension denied
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,…
Category: Immigration Columnists
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Keeping still and carrying on amid the current immigration climate
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….
USCIS policy allows waiting beneficiaries of approved I-130 filed by Filipino World War II veteran father or surviving spouse to come to US ahead of their priority date
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…
False claim to US citizenship
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…
Permanent residency through marriage to US citizen spouse
“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…
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…
How come the consul said my child ‘aged out?’
DEAR Atty. Gurfinkel: My sister petitioned me back in 1997, when my child was still a baby. Recently, the priority date became current. We paid all the fees and submitted…
Grounds for annulling a marriage
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” …
Naturalization process
ANG naturalization ang proseso ng pagbigay ng US citizenship sa isang dayuhan pagkatapos niyang ipakita na kanyang nasunod lahat ng kailangan sa ilalim ng Immigration and Nationality Act (INA). Ang…
Maximizing recovery in personal 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…
Mother’s eight-month delay in filing petition causes extra 12-year wait for daughter
I RECENTLY had a consultation where a mother’s confusion and lack of understanding of immigration law resulted in her delaying filing a petition for her minor child for approximately eight…
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…
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. …
Preparing for your naturalization interview
“Depending on your English ability and comfort level, you can either study on your own or take a class. “ THE naturalization interview is the last stage you need to embark…
How will your 401K retirement plan be divided in a divorce case?
FOR most families, their 401K retirement plan from work is the second largest asset an average family holds (second only to their family residence). How is this treated in a…
I-601 Waiver vs. I-601A Waiver
NOONG isang linggo ay aking tinalakay ang I-601A Provisional Unlawful Presence Waiver. Ito ay iba sa I-601 Waiver of Grounds of Inadmissibility na aking tatalakayin ngayon. Ang I-601A Waiver…
Playing the waiting game: Processing delays at USCIS
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…
July 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…
Can I get a green card if I had a previous marriage petition 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…
I-601A Provisional unlawful presence waiver
ANG isang dayuhan na ineligible sa pagkuha ng green card sa loob ng US dahil sa unlawful presence ay maaaring mag-apply ng I-601A Provisional Unlawful Presence Waiver bago siya umalis…
What is a postnuptial agreement?
A POSTNUPTIAL agreement is a contract between you and your spouse entered into after you get married resolving issues in your marriage. It is similar to a prenuptial agreement except…
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…
US Embassy still open, despite USCIS Manila field office closure
RECENTLY, the USCIS announced it will be closing its Manila field office. This has created a lot of confusion and panic among Filipinos. Some people are asking that with the…
Will a domestic violence finding affect my claim for sole or joint custody of our children?
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or…
K-1 fiancè(e) visa: Getting your 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…
U nonimmigrant classification
ANG U classification ay nagbibigay ng nonimmigrant status sa mga dayuhang biktima ng “qualifying criminal activity”. Noong naging batas ang Victims of Trafficking and Violence Prevention Act of 2000 na…
Nothing has been happening on my petition all these years
DEAR Atty. Gurfinkel: I am a U.S. citizen, and petitioned my sister and her family in 1995. It has now been almost 25 years, and nothing seems to be happening…
Keeping up with immigration news: The fight for DREAMers
ON June 4, 2019, CBS News reports that House Democrats passed its latest version of the DREAM Act, called the DREAM and Promise Act of 2019. The bill will be…
4 ways filing for divorce can benefit your immigration case
COUPLES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law…
VAWA and good moral character
NOONG isang linggo ay aking tinalakay ang pagkuha ng green card sa pamamagitan ng VAWA self-petition. Kahit ang batas ay tinatawag na Violence Against Women Act, ang VAWA ay naaangkop…