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…
Category: Immigration Columnists
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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…
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…
State department reports many Filipino family-based visas go unclaimed, resulting in the case being shred and priority date lost
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…
2018 Tax changes that affect divorcing couples
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…
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…
USCIS reaches FY 2020 H-1B regular cap
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…
Love and deportability: Divorce, domestic violence, and immigration laws
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…
What are a green card holder’s rights if they get stuck at the airport when returning to the US?
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…
Do I have a community property interest in a house which my spouse acquired before our marriage?
“ 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…
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….
How deep will USCIS dig when you file for naturalization?
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…
AC 21: Changing of your 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. …
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…
DACA flight attendant: Small misunderstanding causes big problems
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…
Do I have a community property interest in a house which my spouse acquired before marriage?
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…
How to report immigration fraud
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…
Reinstatement for suriving 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…
April 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 priority…
E-2 Treaty investor visa allows for stay in U.S. along with family
“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…
Five benefits of establishing a revocable living trust
“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…
Love and deportability: Divorce, domestic violence, and immigration laws
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…
You are supposed to have the opportunity to prove your innocence before being charged with fraud
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,…
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…