March 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…
Category: Immigration Columnists
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Writ of Mandamus relief for unreasonable delay in pending immigration filings
“ 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…
Consequences of failing to disclose material assets, income, facts and information in a divorce case
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…
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…
Can I remarry my first spouse and petition her?
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…
Protecting yourself from immigration services fraud
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…
Can the family court deny a custodial mom’s enforcement of a child support order against dad when it was the grandparents who were actually taking care of the child?
“ 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…
Permanent residence for crewmen
“ 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…
Keeping up with immigration news
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…
The value of being legal and legal services
SOME people who are in the U.S. with immigration problems/issues, such as being out of status, in deportation/removal, or they are outside the U.S. hoping to immigrate one day, are…
Putative spouse status as a defense to a petition for nullity of marriage
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…
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…
If Democrats favor immigration reform, they should repeal the harsh laws signed by Bill Clinton
THE Democrats constantly talk about comprehensive immigration reform, including a pathway to legalization for the approximate 11 million undocumented immigrants in the U.S. They criticize President Trump for his harsh…
Checklist: If ICE officers knock on your door
“ It is important to realize that all people living in the United States, including undocumented immigrants, have certain U.S. Constitutional rights.” RECENTLY, our office has noticed growing concern in…
Do I need a premarital agreement before getting married?
“ Under both the Uniform Premarital Agreement Act and prior law, the spouse claiming the agreement is invalid or not enforceable bears the burden of proof on that allegation.” IN…
California divorce, domestic violence, and US immigration laws
CALIFORNIA Divorce – “No Fault.” California is a no-fault divorce state. A party filing for divorce does not need the consent of the other in order to file a Petition…
Will there be an amnesty?
THERE are over 11 million undocumented aliens living in the U.S. There are caravans of thousands of people coming up from Central America, planning to apply for asylum. If they…
Maximizing recovery in personal injury cases
DEAR Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my…
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…
February 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…
What is immigration services fraud?
IN this week’s column, we will address immigration services fraud that commonly targets vulnerable immigrants community by giving unauthorized and fraudulent immigration services. Immigration services fraud occurs when dishonest lawyers…
Jeff Bezos getting a $137 billion divorce without a prenup
ON January 9, 2019, Jeff and MacKenzie Bezos jointly made a statement in Jeff’s twitter account that they are getting a divorce. As many people know, Jeff Bezos is the…
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…
Spouses of US citizens should not be guilty of fraud because of ‘preconceived intent’
“PRECONCEIVED intent” typically involves a person who enters the U.S. on a visitor’s visa and immediately begins working or takes steps to permanently reside in the U.S., by marrying a…
Criminal convictions and immigration law
WHAT makes a non-citizen deportable? An alien or non-citizen, including a lawful permanent resident (“green card” holder) is deportable for having a conviction relating to controlled substances. Title 8 U.S.C….
Spouses of U.S. citizens should not be guilty of fraud because of ‘preconceived intent’
“PRECONCEIVED intent” typically involves a person who enters the U.S. on a visitor’s visa and immediately begins working or takes steps to permanently reside in the U.S., by marrying a…
Five benefits of establishing a revocable living trust
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…
How important is it to have a living trust?
“ This means you retain control of all your assets the same way as if you never had a trust. For revocable trusts, you can later on, at any time…
California divorce with a twist: The military spouse
SAN Diego is “military town” and Navy and Marine Corps families abound, as well as retirees from different branches of our military. The military life is a test of resilience…
If Republicans are ‘pro-immigration,’ why are they so against it?
ONE of the main talking points of Republicans is that they are not “anti-immigration,” but instead are “anti-illegal immigration.” They speak about how it is unfair that people come to…