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 reluctant to do anything about it because they don’t want to spend money and/or they think it may be “too expensive” to fix their problem….
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, 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…
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 policies on immigration enforcement. While I’m fully in favor of comprehensive immigration reform, as a starting point, the Democrats could at least eliminate or repeal…
“ 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 the community about the possibility of immigration (ICE) agents unexpectedly knocking on the door of your home. Our office has received a lot of…
“ 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 the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or…
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 for Dissolution (Divorce) or, in some instances, to get a judgment of divorce. What needs to happen is that the other party (your soon-to-be ex-spouse)…
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 can make it into the United States, probably tens of thousands of others will follow. A question constantly on the minds of people living in…
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 back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report the…
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,…
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…
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 or non-lawyer “immigration consultants” charge fees for illegal or misleading services. Common examples of fraud include knowingly giving clients incorrect legal advice, claiming to have…
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 founder of Amazon which today is the largest publicly traded company by market cap at $809 billion as of January 10, 2019. When Jeff and…
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…
“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 U.S. citizen, etc. The government’s reasoning is that when the person applied for their visitor’s visa or entered the U.S., they represented to the consul…
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. Section 1227(a)(2)(B)(i) states: “Any alien who at any time after admission has been convicted of a violation of . . . any law or regulation…
“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 U.S. citizen, etc. The government’s reasoning is that when the person applied for their visitor’s visa or entered the U.S., they represented to the consul…
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. In doing so, you should also think about which vehicle you plan…
“ 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 during your lifetime, revoke the entire trust if you change your mind.” THINKING about one’s demise is not something people want to spend time thinking…
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 and grit for many families with divorce as almost an expectation rather than the exception. The following seeks to address or clarify some common misconceptions…
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 the U.S. by crossing the border or overstay, break our immigration laws, and expect to be rewarded with legalization. They emphasize that the people who…
Thinking about one’s demise is not something people want to spend time thinking about. However, reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $150,000 in gross assets and you do not…
IN this week’s column, we will address the Advance Health Care Directives (AHCD), also known as a Durable Power of Attorney for Health Care. An AHCD allows you to plan and to ensure you get the medical care you would want in the event that you become incapacitated. First, the AHCD enables you to appoint…
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
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…
DEAR Attorney Gurfinkel: I’ve been told by friends that having an attorney handle your immigration case is a sign that you are “guilty” or not entitled to the immigration benefit. After all, if you’re entitled or eligible, then why do you need an attorney? I thought my immigration case was simple and straightforward, and I…
NEW Year, new resolutions, new life. For some of you, the New Year is a time for reflection, and to realize that changes are needed to be able to lead and live the life you’ve always wanted to lead. Sometimes, divorce happens. The following seeks to address or clarify some common misconceptions about divorce. “What…
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
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…
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
