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…
Category: Immigration Columnists
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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…
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…
Trump cracking down on immigrants who receive public assistance
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…
Maximizing recovery in personal injury cases
“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…
Modifying down child and spousal support obligation after a divorce
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…
VAWA self-petition
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…
Employer-sponsored green cards are still available despite H-2B ban
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…
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…
Do I need a premarital agreement before getting married?
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired…
Green card through marriage
NOONG isang linggo ay aking tinalakay ang pagkuha ng green card sa pamamagitan ng family-based petitions. Ang isa sa pinakakaraniwang paraan sa pagkuha ng green card ay sa pamamagitan ng…
Will my divorce reduce my wait time for green card?
DEAR Attorney Tan, I am a Filipino living in Los Angeles. I am a US Citizen who filed an immigrant petition for my adult son in June 2005. At the…
The most common path to US citizenship
IN this week’s column, we will discuss the most common path to United States citizenship. This path allows a green card holder (lawful permanent resident) of at least five years…
The calm in the eye of the storm: Celebrating 10 years of service to our community
RECENTLY, I was reminded that our law firm will be celebrating its 10-year anniversary this May 2019. Though I joined this amazing band of legal warriors only in 2012, I…
June 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…
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…
Fees to NVC are application fees, not visa issuance fees
DEAR Attorney Gurfinkel: I’m a U.S. citizen and petitioned my married son many years ago when my grandchildren were still very young. When the priority date became current, the National…
Writ of mandamus relief for unreasonable delay in pending immigration filings
A COMMON question that is asked by a person who has a pending immigration petition or application is “how much longer until USCIS makes a decision?” The question is understandable,…
Green card through employment
ANG green card ay maaaring makuha ng isang dayuhan sa pamamagitan ng employment-based (EB) petitions. Kailangan ng sponsorship ng US employer para sa isang permanenteng posisyon sa kumpanya. May…
Employer-sponsored green cards are still available despite H2-B ban
RECENTLY, the USCIS “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…
The calm in the eye of the storm: Celebrating 10 years of service to our community
RECENTLY, I was reminded that our law firm will be celebrating its 10-year anniversary this May 2019. Though I joined this amazing band of legal warriors only in 2012, I…
I filed my own divorce but I can’t finish it
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek…
Permanent residence based on same-sex marriage
IN United States vs. Windsor, 570 U.S. 744 (2013), the Supreme Court held that Federal restrictions of the terms “marriage,” and “spouse” to marriages between a man and a woman…
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…
Changing status from B2 visitor to F1 student
NOONG huli kong artikulo, aking tinalakay ang Form I-539 Application to Extend/Change Nonimmigrant Status na ginagamit para palawigin o baguhin ang status ng aplikanteng nandito sa US sa ilalim ng…
May 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…
Humanitarian Parole for urgent medical and family cases
CARLOS is a married child petitioned by his U.S. citizen father. His priority date is October 30, 1992 and it’s just a matter of months before his visa becomes available. …
Traveling outside the US as a lawful permanent resident
IN this week’s column, we will address immigration issues that may come up for lawful permanent residents (green card holders) who travel outside of the United States. Lawful permanent residents…
Can I get a green card if I had a previoius 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…