Generally, a sanctuary city is viewed as a place where individuals without lawful immigration status may reside without undue fear of targeted raids, harassment and mass deportation. So-called sanctuary cities do not provide immunity to those residing in the U.S. without status. Anyone who resides in the United States without authorization is at some risk…
DURING Pres. Trump’s candidacy, and after he was elected, he stated that among the ways he would combat terrorism would be through “extreme vetting,” which would include a “rigorous evaluation” of visa applicants to determine if they support terrorism. Recently, the State Department listed possible additional questions for visa applicants who have been determined to…
“ There are circumstances though that allow a couple to have their marriage voided rather than dissolved.” MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” There is a big difference between the two…
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 – stepchild relationship should have been created before a stepchild turns 18 years old. This means that the…
(Part 2 of 2) Asylum applications are filed to avail of protection in the United States due to persecution or fear of persecution “due to race, religion, political opinion, nationality or membership in a particular group” in the country of origin. Asylum is sought by aliens already present in the United States. Aliens who…
QUESTION: I have heard that the provisional waivers have expanded. I have a prior deportation order and have been so afraid to have my spouse petition me because I thought I could not file a provisional waiver inside the U.S. I thought I would have to leave the U.S. and ‘hope’ that the waiver was…
“ Under the Family Code, a spouse can “bifurcate” the issue of marital status and terminate the marriage without having to wait until the issues pertaining to property, support, and child custody are resolved.” THE decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support,…
DEAR Atty. Gurfinkel: I came to the US under a different name on a visitor’s visa. The passport and visa had my picture, but somebody else’s name. I still have that passport. I recently married a US citizen for love, and hope to get a green card. Is there hope for me, since I entered…
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…
(Part 1 of 2) Back in the 70’s and early 80’s, when the New People’s Army (NPA)and other militant organizations were a potent disruptive force in Philippine society even if the country was also under martial rule, seeking asylum in the United States was an option to Filipino nationals who were at odds with either…
“ 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…
DEAR Atty. Gurfinkel: Before I was 16 years old, I was adopted and petitioned by my aunt, and got my green card through her petition. I am now a US citizen, and would like to petition my biological mother. Is that possible? Very truly yours, B.N. Dear B.N.: When a child is adopted before their…
QUESTION: I have been outside the United States for eight months and have friends who went back to the country and were forced to give up their green cards and then enter on a B2 Visitor Visa. Will that happen to me? Answer: If there is an absence of intent to permanently reside in the…
There are no hard and fast rules to follow during interviews to obtain a visa from any U.S. embassy amongst the almost 294 around the world. The basic creed to follow is to tell the truth. If you don’t, the lie will haunt not only you but your family too, maybe for the rest of…
QUESTION: I have a roommate who left an abusive relationship. She actually filed a temporary restraining order (TRO) against this person. Court was yesterday. She went to court to testify in front of the judge so that he would rule in her favor and her abuser would not come within 100 yards from her and…
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…
MANY legal permanent residents (LPR or green card holders) mistakenly believe only U.S. citizens can petition family members. Even after they obtain their green cards, they still wait many years until they finally become citizens, before they petition family members. This belief is WRONG! LPRs are able to petition the following family members: • Spouse…
QUESTION: I will be applying for asylum. I’m not exactly sure of the process, but if I lose, will I be deported? Answer: Clients who have arrived in the United States and who have not been issued a Notice to Appear (NTA) will apply for asylum “affirmatively,” meaning that they will be interviewed at an…
MANY legal permanent residents (LPR or green card holders) mistakenly believe only US citizens can petition family members. Even after they obtain their green cards, they still wait many years until they finally become citizens, before they petition family members. This belief is WRONG! LPRs are able to petition the following family members: • Spouse…
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…
A non resident alien who marries a U.S. citizen or has a U.S. citizen child who turns 21, or a parent who becomes a U.S. citizen before the alien turns 21, can adjust status and obtain a green card. For this to happen, one essential requirement is the entry to the U.S. “with inspection”, i.e.,…
QUESTION: I know that Trump issued a second executive order. What is happening with this one? Answer: The District Judge in Hawaii has ruled in favor of the plaintiffs. In other words, that judge has ruled that the brief Temporary Restraining Order is now converted to a Preliminary Injunction, and therefore, is both nationwide and…
Recent developments in immigration law have certainly caused a great deal of fear and worry among immigrant families. Fear can either propel to action or can immobilize and paralyze. In recent articles, it has been our goal to offer words of hope. Having correct information and knowledge should empower, and prepare those who are uncertain…
DEAR Atty. Gurfinkel: I overstayed my visa, and am now out of status (TNT). I’m living in California, and want to visit my relatives on the East Coast. I’m afraid of flying, because they have immigration officers at the airport, and I’m concerned they will just pick me up at the airport and deport me…
AT the National Federation of Filipino American Associations Region 10 Regional Empowerment Conference in National City on March 25, 2017, I was asked this question: There are many in our community who are non-US citizens who are in fear of deportation. May you clarify for us what it means to be in deportation? What would…
IT’S H-1B season again. On 4/3/2017, the USCIS will start accepting H-1B applications for the 2018 fiscal year. As you may be aware, the H-1B non-immigrant visa is used by various U.S. businesses to hire or employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as accountants, scientists,…
QUESTION: I have already received my visa at the Consulate. Now I have heard about this extreme vetting and do not know what it means. Will I no longer be able to come to the U.S.? Answer: The U.S. Secretary of State has issued a memorandum to the Consulates in order to somewhat define how…
PART of the new Trump administration’s agenda is a tougher and more aggressive stance on immigration enforcement. This may be in the form of more detention and deportation of undocumented immigrants. Many of the undocumented immigrants have established families in the United States including minor children. One has to plan in advance what would happen…
AN open letter to the president: Dear Pres. Trump: BEFORE you were elected president, you were one of the world’s premier builders. Your buildings fill the New York City skyline, and skylines of so many other cities within the US and around the world. Before starting a building project, you naturally obtained cost estimates from…
