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 US citizen parent petitions you while you are inside the United States. Since this is a preference…
Category: Immigration Columnists
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Warning: US Embassy charging crewmen with fraud, despite approved provisional waivers
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…
Establishing legal parentage for unmarried parents
“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…
What factors will the court look at in awarding spousal support?
“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…
Preventing abandonment of your green card due to travel abroad
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…
Thanksgiving is a time for giving thanks
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…
USCIS set to continue new policy memo for issuing Notices To Appear
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…
Seven things you should not do when served with divorce papers by your spouse
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…
Recent USCIS policy changes
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…
Five ways internet and social media presence can affect your divorce case
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…
December 2018 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…
Understanding child custody and support in divorce cases
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…
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…
California Service Center approves less than 7% of Humanitarian Revalidation requests
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…
Will incorporating a separate property business during marriage make it community property?
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…
What is ‘extreme hardship’?
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…
California Divorce
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…
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 the community…
Understanding the proposed public charge regulations
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…
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…
I came to the US under a different name, is there hope for me?
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…
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….
E-2 Treaty Investor visa allows for stay in US along with family
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….
Recent USCIS policy changes could lead to loss of status or deportation
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…
November 2018 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…
USCIS policy allows waiting beneficiaries of approved I-130 filed by Filipino World War II veteran father or surviving spouse to come to U.S. ahead of their 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…
How courts determine child custody in California
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…
Another green card scam: Fake approval notices
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…
Recent USCIS policy changes: Issuance of Notice to Appear (NTA) Part I
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…
Is real estate property purchased prior to marriage considered community property in a divorce?
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…