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…
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 people are justifiably afraid and concerned about their future in America once Donald Trump becomes president. When he kicked off his campaign, he stated his intention to deport the approximate 11 million illegal aliens who are in the US. He later changed his position to focusing on the approximate 3 million he referred to…
One advantage in filing a fiancé visa petition is that the fiancé beneficiary will be able to enter the United States faster compared to a spousal immigrant petition to be filed for the fiance. Once the fiancé beneficiary enters the United States, he or she must marry the U.S. citizen petitioner within ninety (90) days. …
The ability to lawfully live and work in the United States is a dream of so many people. The fulfillment of this dream requires the aspiring immigrant to navigate the United States’ immigration laws, which are considered to be a very confusing and complex area of law. However, despite this complexity, and the incredible importance…
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…
THERE is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest friends (BFFs) and family members are even deserving of inheriting from your estate. In doing so, you should also think about which vehicle you plan…
DEAR Atty. Gurfinkel: I entered the U.S. on a C–1 transit visa, but I am not a crewman, nor was I joining any ship. I was simply passing through the U.S. to another country. However, I remained in the U.S. and am out of status. I just got married to a U.S. citizen, and was…
Even if every immigration attorney has a crystal ball and is able to read ‘mumbo jumbo’ or perform magic, they are unable to forecast the future for undocumented aliens (imagine the potential clients). Unpredictability or ‘flip flops’ is becoming the name of the game called politics. More than a month after the presidential elections, people…
AN important part of Christmas is buying gifts for loved ones. Filipinos are busy filling their balikbayan boxes with pasalubong, to send to their families “back home.” The pasalubong may consist of clothes, food items, electronics, or other useful items, given as a way of “sharing one’s blessings.” However, many Filipinos forget about what could…
In the early 1990’s, news travelled fast about the irony behind the label “Made in the U.S.A” attached to famous brands of clothing because it was misleading. The apparels were not actually made in mainland U.S.A. but in Saipan, a U.S. territory, one of the 14 islands in an archipelago in the Pacific ocean also…
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…
WHEN a legal permanent resident files for citizenship, one of the questions being asked of the applicant is whether the applicant has ever been convicted or charged with a crime. Depending on the nature of the crime committed, a criminal conviction may result in a permanent bar to an applicant for citizenship. If an applicant…
SPOUSES of deceased United States (“U.S.”) citizens may apply for green cards, if they self-petition within 2 years of their spouse’s passing. The unmarried children under 21 years of age of the petitioner are also eligible for green cards as derivative beneficiaries. To qualify for a green card as a widow(er) of a U.S. citizen,…
IF you are an applicant for an immigration visa, K visa, or V non-immigrant visa, your application may be denied if you are found inadmissible under certain circumstances. In this case, you may file an application for waiver for pacific grounds, such as health-related grounds of inadmissibility, certain criminal grounds of inadmissibility, or immigrant fraud…
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…
WITH the election of Donald Trump as president, and his statements about deporting millions of illegal aliens and getting tough on immigration, many people are scared, anxious, and worried about their future in America. They are mystified at the complex immigration laws, and may be totally unaware of their rights, possible immigration benefits, waivers, or…
HOLIDAYS are here and that means travelling to see family members. But before you go, here are a few things to remember. Departing the United States when you are not a U.S. citizen can lead to serious problems upon your attempt to return. This is true for both lawful permanent residents and for non-citizens with…
After Donald Trump was elected president of the United States, many people became fearful, anxious, and nervous about their future in America. After all, he started his campaign by stating he wanted to deport ALL of the approximate 11 million undocumented immigrants in the U.S. He recently modified that position, by stating he wants to…
AFTER Donald Trump was elected president of the United States, many people became fearful, anxious, and nervous about their future in America. After all, he started his campaign by stating he wanted to deport ALL of the approximate 11 million undocumented immigrants in the US. He recently modified that position, by stating he wants to…
WHAT happens when my green card expires? Lawful Permanent Resident status is not affected by the expiration of the Form I-551, or the “green card.” A person does not lose his or her status as a lawful permanent resident of the United States by the mere fact that their green card has expired. However, individuals…
THE E-1/E-2 visa is available to citizens of countries with which the U.S. maintains treaties of commerce and navigation. The Philippines is a participating country, and therefore, Philippine citizens are eligible to apply for an E-1/E-2 visa. The purpose of the E-1/E-2 visa is for the Filipino national to engage in substantial trade principally between…
THANKSGIVING is when people take a step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such a key role in helping us achieve them. At this Thanksgiving, I would like to once again give thanks to all of the…
WITH the incoming Trump presidency, there is a lot of fear and a lot of questions and uncertainties on what happens to immigration policies and enforcement when he takes office in January 2017. Mr. Trump’s campaign promises include banning Muslims; building a wall along the US-Mexico border; and immediately detaining and deporting all the…
AS you may be aware, the USCIS has started implementation last June 2016 the Filipino World War II Veterans Parole Program (“FWVP”). The program allows certain family members of Filipino World War II veterans (“FWV”) who are beneficiaries of an approved I-130 Petition to apply for parole with the USCIS so they can come to…
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…
LAST week, we as a nation took part in the age-old tradition and privilege of making our voices heard through casting a vote for our preferred candidates in our local, state, and presidential elections. In the wake of the announcement of the election results, many of you might be asking yourselves “what does this mean…
THE H-1B visa enables foreign professionals from all over the world to live and work in the United States (“U.S.”). It is a particularly great option for international students whose academic program or practical training is near-completion. Through the H-1B visa program, U.S. employers can temporarily hire foreign professionals for specialty occupations in the U.S….
QUESTION: I contributed money which I saved before the marriage into purchasing a property during the marriage which I acquired with my spouse in joint name. During the marriage we cashed out most of the equity in that house to purchase several properties. The first house we purchased no longer has a lot of equity …
People are justifiably concerned, anxious, and even terrified over Donald Trump’s proposed plan to deport the approximate 11 million undocumented immigrants in the US. However, let’s remember that the executive branch does NOT pass laws, nor is the president in charge of funding or the budget. Those powers, duties, and functions belong to Congress, as…
