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…
ORDINARILY, there is no appeal process for visa refusals at the Embassy. Under the doctrine of “consular non-reviewability,” a person cannot even sue the embassy or appeal their visa refusals in U.S. federal courts. The U.S. Supreme Court ruled the Embassy is not even required to provide a “detailed explanation” of the reasons for the…
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 stepparent and the…
QUESTION:: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business with an emphasis in accounting and have a couple of firms interested in hiring me. Do I qualify for a work permit, and if so,…
RECENTLY, he merican Civil Liberties Union (ACLU), the Electronic Frontier Foundation, and the ACLU of Massachusetts, on behalf of 10 U.S. citizens and a permanent resident, sued the Department of Homeland Security (DHS) before the U.S. District Court for the District of Massachusetts over its warrantless searches of travelers’ electronic devices at the border. Based on the…
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 while domiciled in the State of California is community property. Family Code Section 760. …
A POPULAR segment on my weekly immigration television show, “Citizen Pinoy”, is “Your Tanong, My Sagot”, where people ask immigration questions on a variety of subjects, and I offer my advice and guidance. Here are a sampling of questions from Filipino viewers, which may also be helpful to you: Question: I am a Filipino citizen,…
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 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…
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…
Question: I entered a couple of months ago to the U.S. I want to get married and file my adjustment application. Do you see any problems with that? Answer: Yes, it will be a problem. On September 1, 2017, the Department of State (DOS) updated the Foreign Affairs Manual (FAM) with new guidance on the…
(Part 2) In a previous article, a reader, who was scheduled for his visa interview, asked about some of the things which could trigger suspicions or investigations by the Embassy, and how a person could best avoid having his case looked upon with suspicion. This article discusses additional suspicious situations. If you can avoid these…
QUESTION: My DACA expires in about seven months. However, what will happen after that? Do I have any other options? Answer: You do have options, many of which you will need a personal consultation. However, there is what is known as prosecutorial discretion which is still a possibility. Question: What exactly is prosecutorial discretion? Answer:…
One of the most technical rules on visa fraud focuses on a person misrepresenting his or her intent when applying for certain nonimmigrant visas or when entering the United States. If a person is applying for a visitor’s visa, they are effectively representing to the consul their intent in coming to the United States is…
THE Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) issued additional guidance on the DACA phase-out. On September 5, 2017 DHS initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). Next steps for phasing out DACA All DACA benefits are provided on a two-year basis, so…
THERE is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I have…
SOME debtors contemplating filing bankruptcy have expressed their personal preference of filing Chapter 7 bankruptcy, instead of Chapter 13, for various reasons such as a shorter time frame to get a discharge under a Chapter 7 bankruptcy filing. While a majority of bankruptcy filings may qualify for Chapter 7 Bankruptcy, some might not. One needs…
QUESTION: I know DACA has ended. What can I do? Answer: There are actually different categories as the current policy stands. It is important at the present time to know which category you are under so that you can take the appropriate action. On September 5, 2017, President Donald Trump announced that the Deferred Action…
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 June 15, 2012, President Barack Obama unveiled a program known as DACA (Deferred Action for Childhood Arrivals.) Under this program, the Obama Administration will stop deporting illegal immigrants who entered the country as children. These individuals will also be allowed to get work permits to enable them to work and get a driver’s license. …
Your guess is as good as mine. Last Tuesday, September 5, 2017, the President, through Attorney General Sessions, announced that the DACA program under the Department of Homeland Security (DHS) is being rescinded effective the very same day. Since its implementation more than 5 years ago (June 15, 2012), a lot of people still…
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…
ON September 5, 2017, President Trump, through the Department of Homeland Security (DHS), announced the rescission of the Deferred Action for Childhood Arrivals (DACA) program. As a backgrounder, on June 12, 2012, then President Obama, also through the DHS, issued a Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United…
On September 5, 2017, Atty. Gen. Jeff Sessions announced Deferred Action for Childhood Arrivals (DACA) is being rescinded or canceled. DHS also issued a memo and FAQ’s, further detailing the winding down of DACA. However, there is a six-month “grace period” until March 5, 2018, in order to give Congress the opportunity to pass legislation…
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…
IN an advisory dated August 28, 2017, the USCIS informed the public starting October 1, 2017, in person interviews will now be required for certain applicants seeking permanent residency status in the U.S. This new directive applies to: • “Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust…
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 that their soon to be ex-spouse will share in the college expenses of their children. This is specially the case when the other spouse has…
QUESTION: I’m on DACA and my friend is renewing DACA and another friend is going to apply for DACA. I have heard rumors about this. Should I be worried? Answer: Yes, you should be worried. There have been various leaks from the White House. There have also been rumors that a number of White House…
(Part 1) DEAR Atty. Gurfinkel: I have waited for over 12 years for an interview on my approved family petition. I am very nervous about the upcoming interview and I am having trouble sleeping because of all the stories I hear from friends and relatives about how hard it is. I want this interview to…
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…
