A stepparent may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild. However, before a stepparent may be able to file an immigrant petition for a stepchild, the stepparent – stepchild relationship should have been created before a stepchild turns 18 years old. This means that 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…
CONSIDER this common factual situation. You are over 21 years old and your U.S. citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…
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…
STARTING on December 10, 2018, the USCIS could waive (or not require) an interview for a married couple seeking to remove conditions on a conditional green card. Generally, when a U.S. citizen petitions a spouse for a green card, and the spouse receives their green card within two years of the date of marriage, they…
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)…
STARTING on December 10, 2018, the USCIS could waive (or not require) an interview for a married couple seeking to remove conditions on a conditional green card. Generally, when a U.S. citizen petitions a spouse for a green card, and the spouse receives their green card within two years of the date of marriage, they…
IN this week’s column, we will address T nonimmigrant status, commonly known as the “T Visa.” This temporary immigration status may be available to human trafficking victims who are willing to assist law enforcement in the investigation or prosecution of their traffickers. Human trafficking is a form of modern-day slavery, in which traffickers may lure…
“A motion to reopen the removal/deportation proceedings and rescind the removal/deportation order can be filed in Immigration Court.If the motion to reopen the proceedings and rescind the removal/deportation order is successful, the alien can pursue whatever relief from removal/deportation that is available to him/her.” WE have all heard the popular saying, “Timing is everything.” Unfortunately, this saying…
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…
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…
SINCE October 2015, the monthly Visa Bulletin (priority dates) was revised, adding a new column or chart called the “Application Filing Dates or “Dates for Filing.” (There is also a column or chart called “Final Action Dates” or “Visa Issuance Dates.”) But what does the Application Filing Date mean? How does it affect the issuance…
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…
CONSIDER this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…
IN a shocking and disturbing change in policy, the U.S. Embassy in Manila has begun charging crewmen with fraud when those crewmen return to Manila for immigrant visa processing after obtaining an approved provisional waiver. Until this policy is reconsidered, I would caution crewmen against leaving the U.S. for Embassy processing of their immigration visa…
“The document is full recognition that the individuals signing the document are the legal parents of the child.” IN the last column, we provided an overview of child custody and support in the context of divorce cases wherein parentage of the children born during the marriage is typically assumed. For unmarried parents, the procedures for…
“For example, the court may order support for that period of time required for the supported spouse to obtain or complete an education, to allow the supported spouse to take care of the children until they reach an age where a return to employment would be more feasible, or to become self-supporting within a reasonable time.” THE purpose…
DEAR Attorney, I am a permanent resident, and am planning to visit my loved ones in the Philippines during the holidays. I am planning to leave this week and stay in the Philippines until after the New Years. Will I face any problems coming back to the US after being outside the country for 60…
THANKSGIVING is when people step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such a key role in helping us achieve them. At this Thanksgiving, I would like to once again give thanks to all of the people who…
BEGINNING November 19, 2018, the United States Citizenship and Immigration Services (USCIS) may issue Notices to Appear (NTA) based on denials of certain applications, such as Applications for T Non-immigrant status, U Non-immigrant status, Petition for Amerasian or Widower, and Application to Register Permanent Residence (Adjustment of Status). The most common of these applications is…
FOR most people, being served with divorce papers by your spouse is probably one of the biggest surprises in your life. The spouse in the receiving end of the divorce sometimes are not offered any explanation for the divorce petition by their spouse. You may start getting upset about how this can happen to you…
NEW guidance on NTA issuance. In June 28, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued an Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum (PM). Beginning October 1, 2018, USCIS will take an incremental approach to implement this memo….
INTERNET and social media has become a way of life these days. Almost everyone these day have Facebook, Instagram, Tweeter, etc. as part of their daily lives. These media are used frequent as people used to use land lines and TV. However if you have a pending divorce case or are contemplating filing for divorce,…
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…
INDIVIDUALS who are in the process of getting a divorce often have questions and concerns about how judges make child custody and support decisions. In today’s column, we will provide basic information on these issues and address factors that influence child custody and support determinations. Keep in mind that the information below is not a substitute for legal advice. For advice about your…
A stepparent may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild. However, before a stepparent may be able to file an immigrant petition for a stepchild, the stepparent – stepchild relationship should have been created before a stepchild turns 18 years old. This means that the…
I HAVE long suspected that with the way the California Service Center (CSC) adjudicates humanitarian revalidation requests, it is virtually impossible for any beneficiary in the Philippines to qualify. Little or no discretion is being exercised, and it seems the Humanitarian Revalidation adjudicators have forgotten the “humanitarian” portion of humanitarian revalidation. They simply find ways to…
YOU own a successful business, as a sole proprietor, prior to marriage. You later meet the love of your life and decide to marry her. Years into the marriage, you decide to incorporate the business. A common question when the couple later divorces becomes 1) did your separate property business become community property by virtue…
IF a person commits certain immigration violations (such as fraud, or overstaying in the U.S. for over six months and then departing, etc.), the person may not be eligible to receive a green card, unless the person applies for, and is granted, a “waiver of inadmissibility” (or “forgiveness”) on a Form I-601. To be eligible…
SOMETIMES, divorce happens. The following seeks to address or clarify some common misconceptions about divorce: “What if my husband/wife does not want to sign the divorce?” or “My husband/wife does not want to sign the divorce papers, what can I do.” California is a no-fault divorce state. A party filing for divorce does not need the…
