How courts determine child custody in california
ONE of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each…
Category: Immigration Columnists
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You should consider finding a US employer for your spouse back home if you can’t get legal status
Dear Attorney Gurfinkel: I came to the U.S. many years ago, and am out of status. I have now been away from my spouse and children for many years, and…
Consider finding a US employer for your spouse back home if you can’t get legal status
DEAR Attorney Gurfinkel: I came to the U.S. many years ago, and am out of status. I have now been away from my spouse and children for many years, and…
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…
May 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…
California divorce 101
NEW Year, new resolutions, new life. For some of you, the New Year is a time for reflection, and to realize that changes are needed to be able to lead…
Seven things you should not do when served with divorce papers by your spouse
FOR most people, being served with divorce papers by your spouse is probably one of the biggest surprises in your life. The spouse in the receiving end of the divorce…
USCIS to destroy undeliverable green cards and work authorizations
ON April 3, 2018, the USCIS announced that it will start destroying green cards and work authorizations that are returned to it as “undeliverable.” If the document is returned, the…
Will incorporating a separate property business during marriage make it community property?
YOU own a successful business, as a sole proprietor, prior to marriage. You later meet the love of your life and decide to marry her. Years into the marriage, you…
E-2 treaty investor visa allows for stay in US along with family
DEAR Attorney Tan,I WOULD like to know if there is any way for my family and I to stay in the US if I invest in a US business. While…
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…
Trump wants to speed up deportations
SINCE becoming president, Donald Trump has made several significant changes to make it easier for the government to deport more people. In fact, when he originally announced he was running…
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…
K-1 Fiancé(e) visa: Getting your significant other to the United States
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…
The presumption of “undue influence” in transactions between spouses during the marriage
California law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good…
Can my relative petition me for an employment-based green card?
Dear Attorney Gurfinkel: My aunt owns a care home, and wants to petition me as a caregiver. However, I was told that employers cannot petition relatives for green cards through…
Preventing abandonment of your greencard due to travel abroad
A GREEN card holder can travel outside the US and return with some limitations. If a green card holder is outside the US for an extended period of time, he…
Do I need a premarital agreement before getting married?
”This becomes a problem if you are the spouse that has the substantially higher income or the one who accumulates the majority of the assets during the marriage.” IN the absence of a…
ICE targeting those with DUI convictions
AS part of its “enforcement priorities,” Immigration and Customs Enforcement (ICE) announced the recent arrest of over two dozen people with DUI convictions in connection with “Operation Secure Streets.” According…
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…
Seven things you should not do when served with divorce papers by your spouse
FOR most people, being served with divorce papers by your spouse is probably one of the biggest surprises in your life. The spouse in the receiving end of the divorce…
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…
April 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…
Love and pain: Domestic violence and US immigration laws
IT’S Valentine’s Day and Malena woke up to a bouquet of bright red roses and a box of chocolates by her bedside. There was a handwritten note from her husband,…
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…
Ice targeting those with Dui convictions
As part of its “enforcement priorities,” Immigration and Customs Enforcement (ICE) announced the recent arrest of over two dozen people with DUI convictions in connection with “Operation Secure Streets.” According…
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. …
Bad truth or good ‘bola?’
A Filipino and his U.S. citizen wife came to my office recently for a consultation. They drove several hours to see me in person. He came to my office crying,…
What’s new in immigration
ICE Raids in the Bay Area. Calls for Congress to act on DREAMers rights. The Supreme Court declines to take on DACA. These are just a few headlines of late,…
What to do with conditional green card status in troubled marriages
MARRIAGE for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack…