“You only need to provide your spouse notice that you filed a divorce by personally serving your spouse the divorce petition and summons.” COUPLES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce…
Dear Atty. Gurfinkel: In 2004, I applied for a visitor’s visa but was denied. The next year, I secured an “assumed name” passport, which was a Philippine passport with my picture but someone else’s name. I tried my luck again under the assumed name, but the Embassy caught the fraud and again denied my visitor’s…
I just moved to California last month, and I’d like to file for divorce. Can I file now? To file for divorce in the State of California, the person filing (called the “Petitioner”) must first meet the jurisdictional requirements: (i) residence in the state of California from the past 6 months; and (ii) residence in…
IN a divorce proceeding, people sometimes have a misconception that the only assets or properties that have to disclose assets and properties situated in California. Even worst, sometimes parties even think that since an asset or property is situated in a different country or state, that property is not community property and not subject to…
IN the last column, we covered how to obtain a domestic violence restraining order. In short, a domestic violence restraining order is a legal document from the court that states your abuser cannot contact you or come near you. If you are a victim of domestic violence and need protection, you may want to apply…
”In your case, it appears you are eligible to obtain a green card. You are a principal beneficiary of an I-130 petition filed by your US citizen mother.” 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…
IN a divorce proceeding, people sometimes have a misconception that the only assets or properties that have to disclose assets and properties situated in California. Even worst, sometimes parties even think that since an asset or property is situated in a different country or state, that property is not community property and not subject to…
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…
WHEN applying for almost all USCIS benefits, the USCIS usually requires a person to have a valid, unexpired passport. This is especially true in connection with adjustment of status or obtaining various non-immigrant visas. There are also many situations where a person is required to have a government-issued photo identification, such as when they travel…
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…
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…
ON August 13, 2018, the Second Circuit Court of Appeals, which is just below the U.S. Supreme Court, saved a person from deportation by concluding his “father” was a U.S. citizen at the time of his birth, even though his mother had cheated, and the U.S. citizen was not his biological father. The court ultimately…
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…
DEAR Attorney Tan, I have an approved I-140 immigrant petition which was filed by Company A on my behalf. Company A would like to employ me as a bookkeeper. Based on that approved I-140 petition, I filed an application for green card (I-485 adjustment of status) in August 2014. Since that time, my green…
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 personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code 760. his becomes a problem if you are the spouse that…
ON August 16, 2018, Atty. Gen. Jeff Sessions issued an opinion, to be binding on all immigration courts, on when an immigration judge may grant a continuance of deportation/removal proceedings, where the alien is pursuing a green card or other relief from USCIS (collateral relief). This situation typically arises when a person is in deportation/removal…
COUPLES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law case. Divorce is often a difficult and negative experience for most families. However, getting divorce may have some unintended benefits in the immigration law arena. …
A GREEN CARD holder can travel outside the U.S. and return with some limitations. If a green card holder is outside the U.S. 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…
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…
By: Lou Marie Reyes IT is generally taboo to talk about domestic violence within the Filipino community due to certain values and norms that may shape our perceptions about relationships and domestic violence. Victims may stay silent as a result and remain in unhealthy and abusive relationships. Our goal through this week’s column is to help…
SEVERAL options exist for a US citizen to bring his/her foreign-national fiancé(e) to the United States. One popular option is to marry the fiancé(e) in the country in which he/she resides, and file an I-130 immigrant petition, with the fiancé(e) to undergo consular processing for an immigrant visa when the I-130 petition is approved. However,…
BENEFICIARY spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card. In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition…
USCIS recently announced a change in policy in how the agency calculates unlawful presence for F-1, J-1, and M-1 nonimmigrants and their dependents (F-2, J-2, and M-2 nonimmigrants). According to USCIS, these changes are “designed to reduce the number of nonimmigrants who overstay their periods of admission and clarify how USCIS implements the unlawful presence…
I HAVE previously written about provisional waivers, where certain people are not eligible to adjust status (be interviewed for a green card in the U.S.) and must depart the U.S. to be processed for an immigrant visa at the U.S. Embassy. These people could include: • K-1 fiancées who did not marry the petitioner, but…
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s…
“ The benefits of an E-2 Treaty Investor visa include an indefinite period of stay in the U.S. with extensions of the E-2 visa. An E-2 Treaty Investor is allowed a maximum initial stay of 2 years, and requests for exyension can be obtained in increments of 2 years. DEAR Attorney Tan, I would like to…
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s…
IN previous articles, I wrote about a recent USCIS policy memorandum (PM), where USCIS would start issuing notices to appear (NTA) if USCIS denied certain immigration benefits (such as extension of status, change of status, adjustment of status, family petition, employment – based petition, etc.) and, as a result of the denial, the person is…
”When you file a divorce petition, you have to serve your spouse with the summons and petition.” THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The…
