Doing it right from the start should be the only ‘rule of thumb’ when emigrating to the U.S. Aliens come to this country for a wide array of reasons, the more common is to join their family and reside here or just visit relatives and friends. There is an expectation from the U.S. government that…
DOMESTIC violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is not limited to the actual infliction of physical injury or assault. Family Code, § 6203(b). A court may issue an order enjoining specific acts of “abuse” (§ 6218,…
Achieving immigration reform at the congressional level is extremely difficult. As such, most action geared towards immigration reform has been done via Executive Order. President Donald Trump has long expressed his interests in reforming our immigration policies to a more merit-based system. With the signing of his Executive Order earlier this year, he tasked four…
THERE are many myths and misconceptions about immigration law, which are simply not true. People may receive “advice” from consultants, or well-meaning friends or relatives, which is wrong. Following these myths, misconceptions and advice could have devastating effects on a person’s immigration case or result in years of delays. Here are some of the more…
THIS July, the State Bar of California reported that it obtained an interim court order to assist an estimated 2,000 clients who had paid for legal advice from a Los Angeles immigration practice operating without proper authority. According to the State Bar report, the Los Angeles County Superior Court interim order which was signed on…
There comes a time in the life of every lawful permanent resident (LPR) in this country to make the decision to be an American. When the country’s immigration “situation” is fraught with uncertainty and fear (imagined or not), such personal decision becomes a “no brainer.” U.S. immigration statistics data show a significant increase in…
LAST August 2, 2017, the Trump Administration endorsed new legislation called “Reforming American Immigration for Strong Employment (RAISE) Act” that would change the system of granting legal permanent residency. The act was introduced by Senators Tom Cotton (R-AR) and David Perdue (R-GA). (This is not a law yet. The bill must be approved by both…
QUESTION: I want to open up my own company. Can you let me know some specifics? For example, I have a friend from Iran. Can he get an E-1 or E-2? A: As for E-2s, Iranians can apply for that type of visa anywhere. Question: Are there any restrictions where the money comes from for…
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…
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 tepchild elationship should have been created before a stepchild turns 18 years old. This means that the stepparent and the…
DOMESTIC violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is not limited to the actual infliction of physical injury or assault. Family Code, § 6203(b). A court may issue an order enjoining specific acts of “abuse” (§ 6218,…
Now it is possible to apply for asylum QUESTION: My husband beat me and I was afraid for my life, so I escaped to the United States. Can I apply for something so I do not have to go back to my home country? Answer: Yes, it may be possible to apply for gender-based asylum….
ON August 2, 2017, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced the Reforming American Immigration for a Strong Economy (RAISE) Act, which would create a skills-based immigration points system, reduce the number of family-based immigrants, and void many existing family-based petitions. Pres. Trump has wholeheartedly endorsed and supported this proposal, but we have…
ON November 17, 2016, the U.S. Department of Homeland Security issued its final regulations entitled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Non-immigrant Workers. This rule which took effect on January 17, 2017 provides two grace periods to certain nonimmigrant visa holders. The rule provides a 10-day…
Dear Atty. Gurfinkel: I just received a jury summon from the County Courthouse, but I am in illegal status (TNT). How did they get my name and address? Do I have to serve on a jury? Will Immigration be able to track me down? Will I be reported to Immigration? How can I get out…
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…
QUESTION: Can I use an office based in my home and/or garage for the L-1? Answer: No. You must have an ‘actual office’. The reality might be that you can run your business from a computer or your garage. However, for immigration purposes, there must be a brick and mortar office and you must be…
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 for the past six (6) months; and (ii)…
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 sometimes are not offered any explanation for the divorce petition by their spouse. You may start getting upset about how this can happen to you…
Q: I AM a body builder and just won a big amateur contest. Can I come and work in the U.S. on some type of visa? A: Yes, there is what is known as the P Visa. The P-1A is for a person who performs as an athlete, individually or as part of a group…
ON July 20, 2017 Senators Lindsey Graham (R-SC) and Dick Durbin (D-IL) introduced a bipartisan bill (supported by Democrats and Republicans), called the Dream Act of 2017, which would provide a pathway to lawful permanent resident status to young people brought to the U.S. at an early age. The Dream Act would differ from Deferred…
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…
ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in which the marriage may be held to be null and void. These situations include, but are not limited to entering into a bigamous marriage, fraud…
ONE of the cornerstones of U.S. constitutional law is “equal protection”. That means people in similar situations should be treated the same. There should be no favoritism, such as on the basis of sex\gender. Men and women should be treated equally under the law. In a recent Supreme Court decision, Sessions vs. Morales-Santana, the Supreme…
ON November 17, 2016, the U.S. Department of Homeland Security issued its final regulations entitled “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Non-immigrant Workers.” This rule which took effect on January 17, 2017 provides two grace periods to certain nonimmigrant visa holders. The rule provides a 10-day grace…
GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and of the county where…
Earlier this year in January, President Trump signed executive orders designed to place greater focus on removal of certain immigrants that are in the country without permission. In February, the Secretary of the Department of Homeland Security, John Kelly, issued memos detailing on how the President’s executive orders would be enforced. The memos expand the…
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 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 are…
I WANT to warn Filipinos about fake news reports that Pres. Trump had signed an executive order allowing Filipinos to travel to the United States without visas for 30 days. This is false. There have been no changes in US policy concerning eligibility for visitor visas. Filipinos must obtain a visitor’s visa to come to…
