“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…
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 by a married person during the marriage while domiciled in this state is community property.” Family Code 760. This becomes a problem if you are…
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 kasal sa isang US citizen (USC) o green card holder/lawful permanent resident (LPR). Magkaiba ang proseso at waiting period sa family-based petition ng asawa ng…
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 time when the petition was filed, my son was unmarried and 25 years old. In 2010, my son became married. Due to difficulties in his…
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 to apply for naturalization. The general requirements are that you must: • Be at least 18 years old at the time of filing • Be…
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 have witnessed first hand what good lawyering is as it’s supposed to be. Here in San Diego where I am based, the county seal bears…
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…
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…
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 Visa Center (NVC) sent us various forms and had us pay various fees, which included all my grandchildren. When the family went for their interview…
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, in that an unreasonable delay in the USCIS’ adjudication of a petition or application can have adverse effects, including loss of employment and employment opportunities,…
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 tatlong hakbang para sa mga EB petition: (1) ang PERM Labor Certification; (2) ang Immigrant Petition; at (3) ang Green Card Application sa USCIS o…
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 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…
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 have witnessed first hand what good lawyering is as it’s supposed to be. Here in San Diego where I am based, the county seal bears…
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 the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divorce case is opened, many…
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 were unconstitutional. The Court invalidated Section 3 of the Defense of Marriage Act (DOMA), which did not allow Federal Government recognition of same-sex marriages under…
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…
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 nonimmigrant visa category na B1/B2 (bisita), F1 (estudyante); J1 (exchange visitor) or kaya H4, E2 o L2 (mga dependent ng H1 [temporary worker], E1 [investor]…
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…
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. Unfortunately, his father who is 87 years old, suffered a heart attack after Christmas and is now in a care facility. He applied for a…
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 travel outside the United States for temporary or brief travel purposes, and the departures typically should not affect the permanent resident status, assuming there…
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…
“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, officials from the U.S. State Department discussed the monthly Visa Bulletin and the movement of priority dates. (A priority date is a person’s “place in line” for an immigrant visa, and is typically based on the date the petition was filed. The monthly Visa Bulletin reports which priority dates are now eligible to be…
THE Tax Cuts and Jobs Act, which was recently enacted into law, impact various issues in a divorce case. These changes are effective beginning 2018 through 2025. Spousal Support. Spousal Support will no longer be deductible by the paying spouse and will not be taxable income to the supported spouse for post 2017 divorce judgments…
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…
NITONG nakaraang April 5, 2019, o apat na araw pa lamang mula sa pagtanggap ng mga H1B Petition na bilang sa Fiscal Year 2020 cap, ang US Citizenship and Immigration Services (“USCIS”) ay naglabas na ng balita na ito ay nakatanggap na ng sapat na mga H1B Petition para umabot sa congressionally-mandated 65,000 H1B visa…
WHAT if I do not have legal papers, and my spouse is abusive? If safety is a concern, we urge people to seek help first, particularly if there are minor children who may also be at risk of abuse. For non-emergency calls, individuals may dial 2-1-1 to seek help finding resources for health, mental health,…
RECENTLY, the American Immigration Lawyers Association (AILA) posted a brochure concerning lawful permanent residents’ (LPR or green card holder) rights when they are detained at a port of entry, such as an airport, border crossing, or ship dock. Here are some of the key points of that brochure: If questions or issues arise at the…
“ Other expenses associated with the property are not considered in the calculation such as mortgage interest, taxes, and insurance. In essence, the real property would accumulate both a separate property and a community separation.” GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770…
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…
