U Visa and its basic requirements
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…
Category: Immigration Columnists
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Rescinding removal/ deportation order to allow for adjustment of status
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…
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…
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….
October 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…
Caregivers are presumptively disqualified to be named as a beneficiary in a patient’s will or trust with “Certain Exceptions”
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,…
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’s new “denial memo” is now in effect
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…
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…
Divorce and legal separation as a form of asset protection from your spouse’s creditors
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…
Maximizing recovery in personal injury cases
“ 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….
4 ways filing for divorce can benefit your immigration case
“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…
You cannot have “assumed name” fingerprints
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…
California divorce: Frequently Asked Questions
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…
Disclosure and characterization of overseas assets in divorce
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…
Preparing for your restraining order hearing at court
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…
Reinstatement for surviving beneficiaries of an I-130 petition filed by a deceased relative
”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…
Disclosure and characterization of overseas assets in divorce
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…
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…
The Philippine consulate will not report you to DHS
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…
Rescinding removal/deportation order to allow for adjustment of status
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…
Do I have a community property interest in a house which my spouse acquired before our marriage?
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…
US citizen husband is considered “parent” of wife’s extramarital child, entitling that child to US citizenship
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….
Do I have a community property interest in a house which my spouse acquired before our marriage?
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…
AC 21: Changing the employer of your employment-based green card application
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. …
Do I need a premarital agreement before getting married?
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…
Attorney General Sessions makes it harder to obtain court continuances/ postponements
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,…
4 ways filing for divorce can benefit your immigration case
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…
Preventing abondonment of your green card due to travel abroad
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…
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…