QUESTION: I was convicted of an assault charge and have been told that there is a possibility that I can show that it was not a crime of moral turpitude, and therefore, that I would not be deportable. Is this true? Answer: It is possible in many criminal statutes to analyze scenarios whereby certain conduct…
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 divorce case is opened, many…
DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my wife and children. I know it will take a few years until the priority date on their petition becomes “current,” enabling them to be processed for their immigrant visas. Would there be a problem if I move back to the Philippines to live,…
QUESTION: I have a business and want to either purchase or buy a business in the U.S. but do not know which one of the visas would be better. The choices that I have been given are the E-2 and the L-1. Can you clarify and/or help me make the decision? Answer: Each visa has…
RECENTLY, a person came to my office for consultation after her adjustment of status application (based on marriage to a US citizen) was denied due to fraud. She had entered the US on a transit visa (C-1), but was not a crewman. Therefore, she was otherwise eligible to adjust status. The problem is she went…
ON November 20, 2014, President Barack Obama announced that its administration will stop deporting certain undocumented parents of U.S. citizens and parents of legal permanent residents. These individuals will also be allowed to get work permits to enable them to work and get a driver’s license. This program has been named as the Deferred Action…
ONE of the goals of bankruptcy is to allow debtor-filers to start anew. This means that after filing bankruptcy and getting a discharge of their debts, these debtors will be in a position to move on financially. Allowing these debtors to keep certain basic assets despite a bankruptcy filing is one way of helping debtor…
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…
“First, get a qualified immigration attorney. Each case is different. This means that depending on your situation, the particular forms of relief will be different.” QUESTION: I was in immigration court about two years ago and had no relief. However, I did not have any crimes either and my attorney made a motion for prosecutorial…
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 April 10, 2017, the American Immigration Lawyers Association (AILA) released a “Know Your Rights Handouts” available in English, Spanish, Arabic, Chinese, and Portuguese to inform the public about the rights of undocumented immigrants who may come into contact with the U.S. Immigration and Customs Enforcement (ICE) during home visits, workplace raids and public stops. …
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 have friends in the countries which Trump wants to still do his travel ban. I know it was denied. Is it still ongoing or could it still happen? Answer: Yes, the Fourth Circuit Court of Appeals had granted the injunction and made it nationwide. However, the government has now submitted the request for…
ON July 29, 2016, the USCIS published its FINAL rule, expanding eligibility for a provisional waiver of the 3\10 year bar. The expanded provisional waiver now includes “all individuals who are statutorily eligible for the waiver of the unlawful presence ground of inadmissibility.” This includes people who have a spouse or parent who is a…
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…
Whatever the immigration status of an alien is so long as they are residing or simply physically present in the United States, a child born in the U.S. is a citizen. The U.S. Constitution bestows citizenship based on place of birth (‘jus soli’ or ‘law of the soil’). Other countries which were or are highly…
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,…
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,…
LAST May 31, 2017, the U.S. Customs and Border Protection of the Department of Homeland Security issued an advisory that the CBP will now remind travelers to the US of their last possible departure date, according to the terms of their admission, in two (2) ways: by email and through a new feature in the…
QUESTION: I am so sad. I lost at the Immigration Court and then I lost at the Board of Immigration Appeals. Is there anywhere else to go and anything else I can do to try to stay here in the U.S.? Answer: Yes. You are eligible to file a Petition for Review to the Circuit…
On April 18, President Donald Trump signed an executive order which focused on two areas of the administration’s policy: protection of American jobs (“Hire American”) and preference for U.S.-manufactured goods (“Buy American”). With regards to the protection of U.S. jobs, the order includes a section directed to the H-1B visa program. Trump has previously expressed…
QUESTION: I found a person who called himself a ‘notario’ and said he would do the work I needed for ½ the cost of an attorney. He also said I did not need a Waiver. Should I hire him? Answer: Your immigration situation and your immigration case is critcally important. Is it worth to save…
“ Child custody comes in two parts, physical custody and legal custody.” ONE of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each other trying their best to deprive the other parents of their right to…
Marrying a U.S. citizen is one of the fastest and most commonly known ways to obtain a green card. It is also subject to much fraud and abuse, where people will enter into a marriage of convenience with a U.S. citizen solely for immigration benefits. The U.S. citizen might be a friend willing to do…
Individuals may be put in removal (deportation) proceedings for a number of reasons. Some of them may have been put in removal proceedings for committing certain crimes. Others are in removal proceedings because they may have filed applications with the U.S. Citizenship and Immigration Services (USCIS) and have had their applications denied by the USCIS….
WHEN the term “illegal immigrant” is used, some assume that the discussion is about someone who entered the United States without presenting themselves for inspection at the air, sea or land border. However, “illegal immigrant” can also apply to one who entered legally but whose status has expired. In fact, more people become “illegal immigrants”…
IF a person commits certain immigration violations (such as fraud, or overstaying in the US for over six months and then departs, etc.), the person may not be eligible to receive a green card, unless the person applies for, and is granted, a “waiver of inadmissibility” (or “forgiveness”) on a Form I-601. To be eligible…
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…
ONE of the goals of bankruptcy is to allow debtor-filers to start anew. This means that after filing bankruptcy and getting a discharge of their debts, these debtors will be in a position to move on financially. Allowing these debtors to keep certain basic assets despite a bankruptcy filing is one way of helping debtor…
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…
