Category: Immigration Columnists

If you are a United States citizen or green card holder, you may be able to petition for certain members of your family to come and live permanently in the United States (U.S.).  Your relative’s eligibility and waiting time depends on your U.S. status and the familial relationship. Immediate Relatives of U.S. Citizens Immediate relatives…

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…

PRIOR to the implementation of the Provisional Unlawful Presence Waiver, undocumented individuals who are beneficiaries of an approved immigrant petition but are not eligible to adjust their status in the United States must travel to their home country to obtain an immigrant visa.   Individuals who have accrued more than 180 days of unlawful presence…

HILLARY Clinton and the Democrats push for comprehensive immigration reform, including a pathway to legalization for the approximate 11 million undocumented immigrants in the US. Of course, I’m fully in favor of comprehensive immigration reform. But as a starting point, could Hillary at least eliminate some of the harshest immigration laws ever enacted, which were…

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…

UNDER the EB-5 Immigrant Investor Program, foreign investors can apply for a green card if they 1) invest in a company in the United States and 2) plan to create ten permanent full-time jobs for qualified U.S. workers. There are two options for an EB-5 investment: 1) direct investment or 2) regional center investment.  While…

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…

Under the EB-5 Immigrant Investor Program, foreign investors can apply for a green card if they 1) invest in a company in the United States and 2) plan to create ten permanent full-time jobs for qualified US workers. There are two options for an EB-5 investment: 1) direct investment or 2) regional center investment.  While…

A CORNERSTONE of Donald Trump’s “solution” to our immigration issues is to deport the approximate 11 million undocumented immigrants, “and let the good come back in.” I’m not quite sure if he’s talking about some form of “provisional waiver,” which is currently in effect, where certain people have to leave the US and apply for…

DEAR Atty. Gurfinkel: I entered the US under an assumed name. When I filed for adjustment of status, I had to file a fraud waiver (Form I – 601). Unfortunately, USCIS denied my fraud waiver along with my adjustment of status application. I am so depressed and want to know if there is anything I…

JAMES had just finished with his Adjustment of Status interview based on the immigrant petition of his wife, Kimberly.  At the end of the interview, they were given a piece of paper entitled “Removal of Conditional Status” and the Immigration Officer made them both sign.  A year-and-a-half later, Kimberly filed for divorce and left James. …

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…

Congratulations! You have just been engaged to the man or woman of your dreams, who happens to live in another country.  As a United States (“U.S.”) citizen, you are now confronted with the problem of how to reunite with your significant other in the U.S.  One option for bringing your fiancé to the U.S. is…

THE USCIS recently updated its Policy Manual on when a lawful permanent resident (LPR) is eligible to file for naturalization. The significant change is defining when the person is considered  an LPR. The basic eligibility requirements include: • The applicant must be at least 18 years old. • The applicant must establish he or she…

THE minor children of beneficiaries petitioned by their US citizen parents, siblings or employers may be able to immigrate with the principal beneficiaries once the priority dates of their immigrant petitions become current.  However in a lot of situations, these principal beneficiaries are not ready to bring their minor children with them to the United…

ON July 29, 2016, Department of Homeland Security (DHS) announced the expansion of the provisional waiver program.  It is estimated that approximately 100,000 more individuals will be eligible to apply for a provisional waiver under the expanded program. The provisional waiver program streamlines the waiver application process so that the separation of family members is…

A landmark change has been achieved in U.S. immigration law for thousands of “TNT” Filipinos and other foreign nationals. Recent expansion of the Stateside Provisional Unlawful Presence Waiver Program – known as the I-601A Waiver Program – is finally a reality. For years, we have successfully represented clients who are “out-of-status” and “unlawfully present” inside…

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…

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…

Dear Attorney Gurfinkel: I married a US citizen after my child’s 18th birthday and am now a conditional resident. I know my husband and I need to file a joint – petition to remove conditions within 90 days of the expiration of my two – year conditional green card. I had hoped my husband could…

On 7/29/16, the USCIS announced the release of the final rule on the “Expansion of Provisional Unlawful Presence Waivers of Inadmissibility”. This rule expands the class of individuals who may be eligible for a provisional waiver of unlawful presence ground of inadmissibility and takes effect on 8/29/2016. Before an alien who is unlawfully present in…

On July 29, 2016, USCIS announced it is expanding the existing provisional waiver process to allow certain family members of U.S. citizens and lawful permanent residents (“LPRs”), to apply for provisional waivers of the unlawful presence ground of inadmissibility.  The expanded rule goes into effect on August 29, 2016. Current rule on Provisional Waiver (2013)…

On July 29, 2016, the USCIS finally published their FINAL rule expanding eligibility for a provisional waiver of the 3\10 year bar.  The rule will go into effect on Aug. 29, 2016. The expanded provisional waiver “expands eligibility for the provisional waiver process to all individuals who are statutorily eligible for the waiver of the…

Filipinos can acquire visas by expanding their business to the United States. The L-1 visa enables United States employers to transfer existing executives, managers, or employees with specialized knowledge from an affiliated foreign office to an office in the United States.  Alternatively, the foreign company can send an executive or manager to the United States…