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 commences in a marriage. All property acquired by a married person during the marriage while domiciled in the State of California is community property. Family…
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 commences in a marriage. All property acquired by a married person during the marriage while domiciled in the State of California is community property. Family…
QUESTION: I wanted to start my own business in the U.S. and in fact, have sufficient money. However, I was told that I am not able to do so because I am not a citizen of a ‘treaty country.’ Is there anything else I can do? Answer: Yes, you can try the L-1A which actually…
FOR almost all immigration benefits, you should save and preserve documents to establish eligibility for that particular benefit. Many people state that, for one reason or another, they no longer have documents relating to their immigration history. They moved several times and lost track of the documents; they got angry because their case was denied…
THE holidays are upon us, and soon, we’ll all be thinking about “New Year’s resolutions.” Amid the festivities, many people take this time to look at their lives and decide once and for all if their lives will change in the new year, or if things will remain the same. Love and marriage in the…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code §760. This becomes a problem if you…
MANY Filipinos consult with me saying they are sad, lonely, and depressed over their immigration situation, and just want to give up, and go back to the Philippines. Many of them came to the U.S. years ago, leaving behind a spouse and small children. Because of their immigration situation, they are unable to travel back…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code §760. This becomes a problem if you…
QUESTION: I have lots of years of experience and lots of publications and awards. However, I don’t have an employer to sponsor me. Is there any other option? Answer: There might be. EB1-A or EB1-EA is a subgroup of first preference employment-based immigration (EB-1). This immigration preference category is for foreign nationals of extraordinary ability…
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…
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 permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent residency. However, although the…
QUESTION: I have been notified by the FBI that they want me to testify against some very bad people. Is there anything I can do for my lack of immigration status? Answer: It may be possible for you to get the S Visa. An S nonimmigrant is an individual who has assisted a law enforcement…
THANKSGIVING is when people step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such a key role in helping us achieve them. At this Thanksgiving, I would like to once again give thanks to all of the people who…
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…
In this day and age, the best travel document in your hands would be a U.S. passport. Hence the sense of urgency among immigrants to become U.S citizens. International travel and the globalization drumbeat, among others, prompts members of the immigrant community to acquire the proper documentation to ease their entry and exit to…
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 decide to incorporate the business. A common question when the couple later divorces becomes 1) did your separate property business become community property by virtue…
F-1 and F-2B retrogress! THE December 2017 priority dates bring bad news for those Filipinos petitioned as adult single children of US citizens (F-1) or green card holders (F-2B). • For single adult children of US citizens (F-1), the priority date will retrogress (move backwards) approximately two years (from January 1, 2007 back to January…
CHANGES in adjudications of H-1B renewal petitions. On October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that under updated policy guidance USCIS is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The updated policy guidance applies to nearly all…
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…
QUESTION: I have a friend that was ‘visited’ by Immigration and Customs Enforcement (ICE) agents. They told him that he had no rights and that he was going to detention for 20 years unless he signed the voluntary deportation papers. Is this true? Answer: U.S. Immigration and Customs Enforcement (or ICE) is a U.S. federal…
DEAR Attorney Gurfinkel: I have been out of status in the U.S. since 2010. I’ve been separated from my husband since 2003, and he already has another family in the Philippines. I have a boyfriend here in the U.S., and we have been living together for about two years. We’re planning to get married, but…
“ Instead of marrying the biological parent, the U.S. citizen petitioner can just file a fiancé petition for the biological parent.” 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…
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…
SINCE about 2004, USCIS had a policy that if an initial H-1B petition was approved, and the alien later applied for an extension, the officer adjudicating the extension was to show deference (respect for another person because of that person’s knowledge, experience, etc.), except in the limited circumstances where the officer processing the extension determined…
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…
ON October 12, 2017, several passengers aboard a domestic Delta flight from San Francisco to New York, filed a lawsuit against U.S. Customs and Border Protection (CBP), alleging a violation of their Fourth Amendment rights against illegal search and seizure. According to the allegations/claims in that lawsuit, on February 22, 2017 CBP stopped and searched…
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…
IN ur prior article, it was pointed out that an application for an immigrant visa and certain non-immigrant visas may be denied due to certain criminal grounds of inadmissibility. In some cases, the applicant can request for a waiver so a visa can be issued despite that ground. A waiver is a request by the alien…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code §760. This becomes a problem if you…
QUESTION: I have won asylum as of about two years ago. Is there anything I need to do? Answer: If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of .S. Citizenship and Immigration Services or by an immigration judge in court —you…
