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…
IN previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and continued with the various steps to ultimately gain permanent residence. In many cases, however, a problem exists in even getting to the point at which…
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divoqqqqqqrce case is opened, many…
SEVERAL years ago, Filipina nurses had a fast track to green cards, as their priority was “current”. They could be immediately petitioned by hospitals or medical facilities for green cards and obtain work authorization even if they arrived as tourist. Those days are gone. Now, because of the wait for a green card, hospitals are…
ON January 31, 2018, USCIS announced a change in policy for scheduling affirmative asylum interviews. They will follow a “last in, first out” interview schedule, meaning the newest asylum applications will be pushed up to the front of the line and interviewed first. The reason for this policy is to “identify frivolous, fraudulent or otherwise…
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. You and your spouse get tired of bickering and being mean to one another that you both decide to compromise each other positions and resolve…
DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my adult single child in June 2015 in the F-2B category. When I recently checked the USCIS website for processing times, it shows they’re processing F-2B petitions filed in late May 2015. Does this mean my adult child will be eligible for his green…
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 relationship should have been created before a stepchild turns 18 years old. This means that the…
IN the case of In re Marriage of Wilson, the Mother was attempting to enforce child support arrears against the Father for the period in which the child was not living with the Mother but instead was living with the Grandparents. The Father filed a request for an order in court, seeking a stay of enforcement…
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…
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. Section 1227(a)(2)(B)(i) states: “Any alien who at any time after admission has been convicted of a violation of . . . any law or regulation…
One traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse AS a spouse of a US Citizen, an alien is considered an immediate relative and entitled to immediately apply for a green card inside the United States. This is usually done by simultaneously filing an I-130 Petition…
CALIFORNIA has become the first state in the nation to be a “sanctuary state.” This means California will not cooperate fully with the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), in apprehending illegal aliens or in connection with enforcing immigration laws. However, this does NOT mean people who are out of…
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 and live the life you’ve always wanted to lead. Sometimes, divorce happens. The following seeks to address or clarify some common misconceptions about divorce. “What…
Pres. Trump wants to eliminate “chain migration,” which allows people to petition extended family members, such as brothers and sisters, married children, adult (over 21) children, and even parents. The only family-based petitions that would remain would be for spouses and minor children of U.S. citizens or green card holders. The president further wants to…
IN the case of In re Marriage of Wilson, the Mother was attempting to enforce child support arrears against the Father for the period in which the child was not living with the Mother but instead was living with the Grandparents. The Father filed a request for an order in court, seeking a stay of enforcement…
PRESIDENT Trump wants to eliminate “chain migration,” which allows people to petition extended family members, such as brothers and sisters, married children, adult (over 21) children, and even parents. The only family-based petitions that would remain would be for spouses and minor children of U.S. citizens or green card holders. The president further wants to…
THE Tax Cuts and Jobs Act, which was recently enacted into law, impact various issues in a divorce case. These changes are effective beginning 2018 through 2025. Spousal upport. pousal Support will no longer be deductible by the paying spouse and will not be taxable income to the supported spouse for post 2017 divorce judgments and support…
AN important part of Christmas and New Year is buying gifts for loved ones and making resolutions for the coming year. Filipinos are busy filling their balikbayan boxes with pasalubong, to send to their families “back home.” The pasalubong may consist of clothes, food items, electronics, or other useful items, given as a way of…
AN important part of Christmas and New Year is buying gifts for loved ones and making resolutions for the coming year. Filipinos are busy filling their balikbayan boxes with pasalubong, to send to their families “back home.” The pasalubong may consist of clothes, food items, electronics, or other useful items, given as a way of “sharing one’s blessings.”…
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room for the new. This is also the time of the year many people realize when a marriage is not working out and it may be…
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…
IN the past few months, the United States Citizenship and Immigration Services (USCIS) announced that, beginning October 1, 2017, it will expand in-person interviews for employment-based adjustment of status (“AOS” or “green card”) applicants. Historically, since the 1990s, USCIS adjudicated employment-based green card applications at service centers, without in-person interviews. The recent change in policy and…
Gender inequality. Is it an issue some societies in the world have relegated to the past? The trend to recognize same-sex marriages is picking up. Women are accepted (sometimes grudgingly) as equals in areas of employment, world leadership and income generation. It would seem the biological difference between a male or a female are…
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…
THINKING about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a matter of whether you depart this world prepared or unprepared. If you pass away with at least $150,000 in gross assets and you do not…
QUESTION: I am so afraid that I will be deported (even though I have legal status here) because I’m an immigrant. Is that the case? Answer: U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration…
ELIGIBILITY for benefits under Section 3 of the Child Status Protection Act (CSPA) is based on a mathematical formula, where you subtract from the child’s age the length of time it took USCIS to process and approve the petition. You take the date the petition is filed, and the date it was approved. How long…
ON September 5, 2017, United States Attorney General Jeffrey Sessions formally announced the end of the Deferred Action for Childhood Arrivals (“DACA”) program, which has protected from deportation nearly 800,000 young, undocumented immigrants brought to the United States as children. The DACA program also provided them with legal work authorization, allowing them to enroll in…
True to one of its promised immigration policies, the present administration is implementing its extreme vetting. Since it took over the White House a year ago, attempts to reform the U.S. immigration rules and procedures, have been persistent and bold – from issuing executive orders, re: controversial travel bans, terminating DACA (Deferred Action on Childhood…
