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…
Category: Immigration Columnists
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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…
How important is it to have a living trust?
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…
The importance of Advance Health Care Directives
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…
Starting the new year fresh with a divorce
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…
Can I get a green card if I have a previous 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…
Hiring an attorney does not mean you are ‘guilty’ or did anything wrong
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….
California Divorce 101
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…
Starting the new year fresh with a divorce
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…
January 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…
Starting the new year fresh with a divorce
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…
Petitioning children of your spouse from a previous marriage
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…
January 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…
Can I qualify for a green card despite the petitioner’s death?
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…
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…
USCIS could waive marital interviews on petitions to remove conditions (Form I-751)
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…
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…
USCIS could waive marital interviews on petitions to remove conditions (Form I-751)
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…
An overview of the T Visa for trafficking victims
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…
Rescinding removal/ deportation order to allow for adjustment of status
“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,…
How to obtain custody and visitation rights for unmarried dads
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…
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…
What do ‘Dates for Filing’ and ‘Application Filing Dates’ mean on the monthly Visa Bulletin?
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…
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…