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…
Category: Immigration Columnists
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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…
What to do if ICE comes to your home, workplace or public space
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…
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. …
Does the creation of a revocable living trust, during the marriage, transmute separate property to community property?
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…
What is a fixed marriage?
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…
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…
What is a fixed marriage
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…
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…
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…
DNA testing to establish family relationships
IN the Philippines, establishing family relationships can sometimes be extremely complex. A child may be born and then “given” to a relative, such as a childless aunt. A simulated birth…
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…
USCIS tightens policy on student and exchange visitor violators
THE USCIS issued another Policy Memorandum on May 10, 2018, that imposes significant restrictions to F and M students, as well as J exchange visitors, who violate their status. The…
Residing removal/ deportation order to allow for adjustment status
“ A typical scenarion involves a person who entered the US years ago on a B-2 tourist visa, overstayed and was ordered removed by the Immigration Court.” WE have all…
Reinstating a deceased petitioner’s family-based petition
IT is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent…
ICE deports student for not attending classes
U.S. Immigration and Customs Enforcement (ICE) recently issued a press release that they had a student removed/deported, when they found out that he was not attending class, as is required…
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….
When am I considered separated from my spouse in a divorce case?
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest…
K-1 Fiancé (e) visa: Getting significant other to the United States
“Upon arrival in the US, the fiancé(e) can immediately apply for authorization to work in the US. He/she does not have to wait until marriage to apply for work authorization.” …
When am I considered separated from my spouse in a divorce case?
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest…
The June 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…
Humanitarian Parole for urgent medical and family cases
CARLOS is a married child petitioned by his U.S. citizen father. His priority date is October 30, 1992 and it’s just a matter of months before his visa becomes available….
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. You are a principal beneficiary of an I-130 petition filed by your US Citizen mother.” DEAR…
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…
Titanic problems
ALMOST every Filipino has seen the movie Titanic, the story of Jack and Rose who sailed that doomed ship, which hit an iceberg and sank. During consultations, I sometimes compare…
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…
Automatically acquiring US citizenship
THERE are opportunities in the immigration laws for an individual to automatically become a United States citizen. As U.S. citizenship bestows tremendous benefits, it is important for individuals to know…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee…
Immigration news updates: DACA and visa applications
“The DS-260 Immigrant Visa Application are very important submissions and should be reviewed and answered carefully by the applicant.” UPDATES on DACA. Last week, the U.S. District Court…