‘Public charge’ refusal voids provisional waiver
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….
Category: Immigration Columnists
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Can I obtain a divorce if my spouse refuse to sign?
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…
E-2 Treaty investor visa allows for stay in US along with family
“ 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…
Can I obtain a divorce if my spouse refuses to sign?
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…
Good news: USCIS to postpone implementation of NTA memo
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…
Can I obtain a divorce if my spouse refuse to sign?
”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…
Checklist – If immigration officers (ICE) knock on your door
“ An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, they cannot legally come inside unless you verbally agree…
Disclosure and characterization of overseas assets in divorce
“For the same reason, the parties to a divorce case is required to disclose all property, separate and community, including those outside the state.” IN a divorce proceeding, people sometimes…
USCIS officers given greater authority to deny immigration applications
SHORTLY after issuing a policy memorandum that significantly expands its authority to issue Notices to Appear (NTAs) referring individuals to immigration court for deportation proceedings, U.S. Citizenship and Immigration Services…
You could face deportation/removal if your case or extension is denied
In a previous article, I wrote about USCIS issuing a Policy Memorandum (PM) about the various categories of cases where a person could face deportation/removal if USCIS denied their petition,…
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…
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…
August 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 to start deporting people for being out of status, fraud, or denial of adjustment of status or naturalization
ON July 5, 2018, the USCIS issued a Policy Memorandum (PM), providing guidance to officers or adjudicators on when to issue notices to appear (NTA), which is the document placing…
Frequently asked questions about California divorce
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…
Why this Filipina became a community legal advocate
By Lou Marie Reyes Limited-income families adapting to a new environment often face daily challenges, especially when critical information is scarce. I was 16 years old when my whole family…
State Department revoking US passports of people who obtained citizenship through fraud
IN a previous article, I wrote about how the USCIS assembled a task force to start reviewing cases of people who may have obtained their green cards or U.S. citizenship…
Reinstatement for surviving beneficiaries of an I-130 petition filed by a deceased relative
”In your case, it appears that you are eligible to obtain a green card.” DEAR Attorney Tan, My US Citizen mother filed an I-130 immigrant petition on my behalf, which…
Waiver of joint petition to remove conditional permanent residency on a marriage entered less than 2 years
THE Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of…
Can I get a green card if I had a previous marriage petition denied based on fraud?
“In cases in which the subsequent immigrant visa petition has already been denied, this new evidence should be submitted as part of a motion to reconsider.” DEAR Attorney Tan, I…
Grounds for annulling a marriage
Most couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” …
July 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…
Do I have 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 have 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…
Attorney general sessions getting tougher on asylum applicants
In a recent ruling, Attorney General Jeff Sessions ruled that women who were victims of domestic violence, and people fleeing gang violence in their home country, are not eligible for…
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…
Permanent residence for crewmen
DEAR Attorney Tan, I entered the US in 1998 as a crewman. I have recently married a US citizen and would like to get a green card. However, I have…
Can I enforce a form I-864 affidavit of support in divorce proceedings?
THE Illegal Immigration Reform and Immigrant Responsibility Act of 1996 requires that US Citizens sponsoring an alien for legal permanent residency execute an immigration form I-864 Affidavit of Support. This…
USCIS to start denaturalizing and deporting people who obtained citizenship by fraud
THE USCIS announced it will start a task force of several dozen lawyers and immigration officers to start reviewing cases of immigrants who obtained U.S. citizenship through fraud, such as…