“ 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 to let them in.” RECENTLY, our office has noticed growing concern in the community about the possibility of immigration (ICE) agents unexpectedly knocking on the…
“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 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…
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 (USCIS) has issued a new policy memorandum giving USCIS adjudicators greater discretion to deny applications for immigration benefits. The policy memorandum issued on July 13,…
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, application, or other immigration benefit. Here are some possible real-life situations where people could face deportation/removal: 1. A person enters the U.S. as a visitor…
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…
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 recover the full amount of medical bills incurred if an insurer paid a smaller, negotiated amount to the medical provider. The Court’s ruling further limited…
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…
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 a person in removal/deportation. This new PM should raise concerns for anyone applying for any immigration benefit (such as a petition, application, extension, etc.), because…
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…
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 immigrated to the United States with the help of my lola. Like many other Filipino immigrant families, we arrived in the United States with all…
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 through fraud. They would then take steps to revoke their citizenship and have them removed/deported. This could include people who entered the U.S. under an…
”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 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…
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 that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
“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 recently married a US Citizen, who is my second husband. He has filed an immigrant visa petition and green card application for me. My husband…
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.” There is a big difference between the two concepts. With a voided marriage, it restores the couple to status of unmarried person as if they…
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…
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…
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 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 asylum in the U.S. This ruling is now binding on both immigration courts and the Board of Immigration Appeals (BIA). This decision could also have…
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…
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 heard that since I entered as a crewman, I cannot adjust my status to a permanent resident. Is this true? –Lost on Land Dear Lost…
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 is an agreement between the US Government and the Sponsor to promise to support the immigrant beneficiary seeking admission to the US at a level…
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 where they had been ordered deported, and later used fake identities to get green cards and citizenship. If fraud is discovered, the USCIS would seek…
ON April 10, 2017, the American Immigration Lawyers Association (AILA) released a “Know Your Rights Handouts” available in English, Spanish, Arabic, Chinese, and Portuguese to inform the public about the rights of undocumented immigrants who may come into contact with the U.S. Immigration and Customs Enforcement (ICE) during home visits, workplace raids and public stops. …
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…
DIVORCING couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The issue is what is the characterization of those property when the couple gets the divorce. Transmutation is the changing of the characterization of a property…
If a person is ever caught in a fixed marriage (married solely to obtain immigration benefits), the consequences (or punishment) could be severe. A fixed marriage finding by the USCIS could result in a lifetime ban from ever having any other petition approved. For example, if a person was caught in a fixed marriage, but…
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 elationship should have been created before a stepchild turns 18 years old. This means that the stepparent and the…
IF a person is ever caught in a fixed marriage (married solely to obtain immigration benefits), the consequences (or punishment) could be severe. A fixed marriage finding by the USCIS could result in a lifetime ban from ever having any other petition approved. For example, if a person was caught in a fixed marriage, but…
