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 all the forms on behalf of my family, including my child, who is now over 21. At the interview, the consul approved my husband’s and…
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.” There is a big difference between the two concepts. With a voided marriage, it restores the couple to status of unmarried person as if they…
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 mga sumusunod ang kailangan para sa application for naturalization: (1) ang aplikante ay may 18 taon gulang na; (2) siya ay 5 taon nang green…
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…
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 months. The child “aged out” and could not qualify for benefits under the Child Status Protection Act (CSPA). The child was then reclassified as an…
“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…
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…
“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 on becoming a U.S. citizen. During your naturalization interview, a USCIS Officer will ask you questions about your application and background. You will also take…
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 divorce proceeding in California which is a community property state? It depends on how it is characterized whether separate property, community property, or part separate…
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 ay ginagamit para humingi ng provisional waiver para lamang sa ground of inadmissibility na unlawful presence sa U.S. Ang I-601 Waiver naman ay ginagamit para…
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 on Permanent Residence. She begins with a brief history of how the “conditional permanent resident status” came about: “In 1986, as part of President Reagan’s…
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…
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 received from USCIS a Notice of Intent to Deny the petition that he filed on my behalf. The Notice indicated that the immigrant visa petition…
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 ng US para sa consular immigrant visa interview. Upang maging eligible para sa provisional unlawful presence waiver, ang mga sumusunod ang kinakailangan: (1) ang dayuhan…
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 it occurs after your marriage. For couples that get married without a prenuptial agreement, it is not too late to have an agreement dealing with…
“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…
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 closure, how can they now apply for a visitor’s visa? Are K-1 (fiancé) visas still available? What’s going to happen with their immigrant visa interview…
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 significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this process is sometimes…
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 resides, and file an I-130 immigrant petition, with the fiancé(e) to undergo consular processing for an immigrant visa when the I-130 petition is approved. However,…
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 siyang naglikha ng U nonimmigrant status, ang layunin nito ay protektahan ang mga biktima ng mga ilang krimen dahil ang mga biktima ay naglakas-loob na…
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 on the case. Should I just keep waiting until the USCIS or NVC contacts me? Or is there something else I can be doing now?…
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 sent to the Republican-controlled Senate. What the DREAM and Promise Act of 2019 proposes. The proposed bill would: • Grant young undocumented immigrants who came…
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 case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. …
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 din sa lalaking asawa na biktima ng domestikong karahasan sa kamay ng kanyang asawang US citizen (USC) o lawful permanent resident (LPR). Ang dayuhan ay…
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…
ON May 23, 2019, Pres. Trump issued a memorandum to strictly enforce obligations under affidavits of support (Form I-864), including: • Seeking reimbursement from sponsors when the sponsored alien receives certain forms of “means – tested public benefits,” such as Supplemental Nutrition Assistance Program (SNAP), Medicaid, and Temporary Assistance for Needy Families (TANF); and •…
“The first step is to make sure that any injuries that you have suffered in the accident are examined and treated. You can recover treatment costs since they are considered “economic damages” that you suffered due to the accident. You can also recover for time away from work as “economic damages,” even if you used…
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…
NOONG isang linggo ay aking tinalakay ang pagkuha ng green card sa pamamagitan ng kasal sa isang US citizen (USC). Ngunit may mga pagkakataon na may karahasan na ginagawa ang USC sa kanyang asawang dayuhan at ang dayuhan ay nagtitiis at nananatili sa kasal dahil sa kanyang immigration status. Noong 1994, isinagawang batas ni Pangulong…
THE USCIS has “de-listed” (or banned) Filipinos from applying for the seasonal/temporary H-2B visa. (This visa allows U.S. employers to bring foreign nationals to the United States to fill temporary nonagricultural jobs, such as housekeepers at hotels during the busy summer season.) However, this ban DOES NOT APPLY to Filipinos seeking green cards through the…
