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…
Category: Immigration Columnists
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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…
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,…
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…