K-1 Visa: Fiancé visa to marry a US citizen
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…
Category: Immigration Columnists
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FAQ: Consequences of the DACA rescission
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…
The end of DACA
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 Jeff Sessions announced Deferred Action for Childhood Arrivals (DACA) is being rescinded or canceled.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…
The end of DACA
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…
USCIS mandates in-person interview requirement for certain permanent resident applicants
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…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
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…
Looks like DACA is going to end
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:…
Things that could make your case suspicious
(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…
Criminal convictions and immigration law
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….
FOIA request
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…
Disclosure of text messages, e-mails and Facebook info of a spouse or significant other may constitute domestic violence
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…
The RAISE Act: A proposed ‘points-based’ immigration system
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…
Myths and misconceptions about immigration law
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…
Unauthorized practice of law: beware of unlicensed notarios and paralegals
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…
Criminal bars to US citizenship
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…
President Trump’s “Reforming American Immigration for Strong Employment” (RAISE) Act
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…
Want an E-2 visa? Look at these issues
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…
The September 2017 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…
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…
Disclosure of text messages, e-mails and Facebook info of a spouse or significant other may constitute domestic violence
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…
‘My husband beat me’
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…
‘RAISE ACT’ to eliminate most family petitions and create point system for employment green cards
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…
Grace period for non-immigrant workers
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…
Green card holders and other non-citizens: What to do when you receive a jury summons
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…
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…
Opening up a new office? Get an L-1
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…
California divorce FAQs
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…
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…
Are you an athlete?
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…
Senators propose ‘Dream Act of 2017’
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…