MANY people think that once they obtain their green card, they are now “home free” as far as eligibility and entitlement, and that if they pay their taxes and do not commit crimes for the next five years, they can file for U.S. citizenship and be approved without any problem. Such optimism may not be…
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…
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…
RECENTLY, there were news reports from many media outlets about a Texas flight attendant enrolled in DACA who was told by a supervisor that it was safe for her to fly to Mexico and safely return to the U.S. Unfortunately, upon her return, she was detained by immigration officers and held in detention for over…
GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
MANY immigration consultants are legitimate and provide helpful services to immigrants, but there are also many dishonest and fraudulent immigration consultants and immigration assistance service providers who take advantage of vulnerable immigrant communities with elaborate schemes and false promises. Some claim they are licensed attorneys, others adopt titles such as notario publicos or notarios and…
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…
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 is…
“An E-2 Treaty Investor is allowed a maximum initial stay of 2 years, and requests for extension can be obtained in increments of 2 years.” DEAR Attorney Tan, I would like to know if there is any way for my family and I to stay in the U.S. if I invest in a U.S. business. …
“If the trust is funded with all your assets, it is possible to administer and distribute the trust assets without any Court involvement at all .” THERE is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your…
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,…
I’VE had numerous consultations over the years with people who went for their visa interview at the U.S. Embassy, only to be told they are guilty of fraud/misrepresentation, and therefore, not eligible for a visa. Many state that they were not even given a chance to explain or document their innocence. They were simply given…
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…
“ The requirement of a finding by the court shall also be satisfied if any court, whether that court hears or has heard the child custody proceedings or not, has made a finding pursuant to subdivision a based on conduct occurring within the previous five years.” AN action under the DVPA (Domestic Violence Protection Act)…
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…
“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…
AB-60 licenses allow undocumented immigrants to drive legally in California. (Note: these licenses merely allow a person to drive legally and obtain car insurance, but do not authorize employment.) Other states have similar programs. AB-60 licenses, which were designed to help undocumented immigrants drive legally, are now being used against them. It was recently reported…
“The assets distributed to each beneficiaries does not have to be equal.” THERE is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate….
Although there cannot be any “guarantees” of success, if your case was denied, you should consider consulting with an attorney, who can evaluate your situation, and determine if there is hope in overcoming that denial and assisting in helping you reverse the denial and your case approved. MANY people believe that once their case is…
ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in which the marriage may be held to be null and void. These situations include, but are not limited to entering into a bigamous marriage, 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 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…
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…
“ While an immigration filing is pending, the typical response by USCIS upon inquiry is that further time (usually 90 or 180 days) is needed to make a decision.” 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?”…
THERE is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I have…
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…
DEAR Atty. Gurfinkel: I divorced my Filipina spouse and married a U.S. citizen who petitioned me for a green card. Unfortunately, things did not work out, and I divorced the U.S. citizen. I just recently took my oath of U.S. citizenship. My first wife and I have rekindled our love and are thinking about getting…
IN this issue’s column, we will address practical tips to help protect yourself from becoming a victim of a fraudulent immigration services provider. In looking for a lawyer or a lawful immigration consultant to help you with any immigration issues, it is good practice to check with community groups you trust and to ask if…
“ Fam. Code, 3651, provides that, with certain exceptions, a support order may not be modified or terminated as to an amount that accrued before the date of the filing of the notice of motion or order to show cause to modify or terminate.” IN the case of In re Marriage of Wilson, the Mother…
“ Under INA Section 245(c)(1), a person who enters the U.S. as a “crewman” is generally barred from adjusting his status to permanent residence. However, analysis of this issue must begin with determining whether you are actually a “crewman,” who is barred from adjustment.” DEAR Attorney Tan, I entered the US in 1998 as a…
CHANGES in the selection process of H-1B petitions. The Department of Homeland Security (DHS) announced this January 2019 “a final rule amending regulations governing H-1B cap-subject petitions, including those that may be eligible for advanced degree exemption.” According to the final rule, “effective April 1, USCIS will first select H-1B petitions (or registrations, once the…
