“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 inquiry as…
ON October 10, 2018, the Department of Homeland Security (DHS) officially posted proposed changes to public charge regulations in the Federal Register. They are not final, and are open for public comment for 60 days, until December 10, 2018. The proposed rules change the public charge test and expand the number of public benefit programs…
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…
DEAR Atty. Gurfinkel: I came to the U.S. on a visitor’s visa under a different name. The passport and visa had my picture, but somebody else’s name. I still have that passport. I recently married a U.S. citizen for love, and want to get a green card. Is there hope for me, since I entered…
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…
DEAR Attorney Tan, I would like to know if there is any way for my family and I to stay in the U.S. if I invest in a U.S. business. While I do have some money to invest, I do not have the $500k-$1m that I read was necessary to get a green card through…
RECENT policy changes rolled out by the Department of Homeland Security this September and October can result in loss of permanent resident status (green card) or even deportation in some cases. In September, changes in policy were put in place allowing immigration officers to reject visa applications immediately due to missing or inaccurate information. Previously,…
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…
“It is important to note that the above requirements are preliminary requirements for eligibility under FWVP.” UNDER the Filipino World War II Veterans Parole (FWVP) policy, USCIS allows certain beneficiaries of approved family-based immigrant visa petitions to request a grant of parole so that they may come to the U.S. as they wait…
ONE of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to maintain relationship with their child. Child custody comes in two parts, 1)…
Several people have consulted with me, asking whether the approval letter they received was genuine. While the notice has the opening sentence, “welcome to the United States of America,” which is how an adjustment of status approval notice typically starts, these approval notices are fake and people should be careful that they are also not…
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. In simple terms: USCIS will…
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 family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
In this week’s column, we address the Violence Against Women Act, commonly known as VAWA. VAWA is a federal law that allows victims of domestic violence to obtain lawful permanent residence (a green card) without the help of their abusers. Typically, a United States citizen or lawful permanent resident (LPR) submits an application “petitioning” for…
“Other expenses associated with the property are not considered in the calculation such as mortgage interest, taxes and insurance.” GENERALLY, in California, when buying and selling property online the 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…
A GREEN card holder can travel outside the US and return with some limitations. If a green card holder is outside the US for an extended period of time, he may be considered to have abandoned his permanent resident status. Brief travel (such as for a vacation) normally will not affect permanent resident status. However,…
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…
Recently, I had to cross a boulevard. There were two lanes going in each direction with a center island. The crosswalk was halfway down the block, about 200 yards away. So, I decided to jaywalk and cross the boulevard where I stood. I crossed the first two lanes and got to the center island, waiting…
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,…
IN today’s column, we will address U nonimmigrant status, commonly known as the “U visa.” This temporary immigration status may be available to a domestic violence victim who is not married to the abuser, or if the abuser is not a U.S. citizen or lawful permanent resident (green card holder). It is very important to…
WE have all heard the popular saying, “Timing is everything.” Unfortunately, this saying often adversely applies to those persons who have found an avenue from which to obtain a green card, only to be prohibited from doing so because he/she has a prior removal/deportation order. A typical scenario involves a person who entered the US…
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,…
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…
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…
CAREGIVERS are presumptively disqualified from being named as beneficiary of a patient’s Will or Trust. Probate Code Section 21350, subdivision (a) provides: “Except as provided in Section 21351, no provision, or provisions, of any instrument shall be valid to make any donative transfer to any of the following: …… (6) A care custodian of a…
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 September 11, 2018, a new USCIS Policy Memorandum (PM) became effective, instructing officers on how to adjudicate (process and make decisions on) petitions, applications, extensions, etc., when the initial filing was incomplete or insufficient. The PM creates a dangerous minefield for people, because even if they make an innocent mistake or accidentally forget…
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…
COUPLES have different spending habits and different philosophy in handling marital finances. Some spouses are conservative in managing their finances and stick with a budget while other spouses do not even set budgets. What is your exposure if your spouse is a shop-a-holic and runs though his/her credit card like there is no tomorrow? What…
“ Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for both past and future lost earnings.” 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…
