F-1 student visas and authorized employment
An F-1 student visa allows a student to study full-time in the United States (“U.S.”) at an accredited school. The F-1 student visa is a non-immigrant visa, which means that…
Category: Immigration Columnists
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Maybe Trump should bring back Section 245(i)?
I HAVE previously written articles about the logistics and legality of Donald Trump’s plan to deport the approximate 11 million undocumented immigrants in the US. I would now like to…
Congress could always block Trump’s immigration plan
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…
California divorce 101
THE following seeks to address or clarify some common misconceptions about divorce. “What if my husband/wife does not want to sign the divorce?” or “My husband/wife does not want to…
How to obtain waiver for certain criminal grounds of inadmissibility
IN our prior article, it was pointed out that an application for an immigrant visa and certain non-immigrant visas may be denied due to certain criminal grounds of inadmissibility. In…
I filed my own divorce but I can’t finish it
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…
Family-based green cards – who is eligible?
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…
The October 2016 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…
Expanded provisional waiver rule now in effect
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…
Getting around the six-month residency requirement to file a divorce in California
GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage…
Will Hillary eliminate the harsh immigration laws signed by Bill?
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…
When your green card expires: What next?
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…
EB-5 Immigrant Investor Program – direct investment vs. regional center investment
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…
World War II Veterans Parole Program: Frequently asked questions
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…
Grounds for annulling a marriage
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.” …
EB-5 Immigrant Investor Program: Direct investment vs. Regional Center investment
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…
The ‘logistics’ of deporting 11 million people
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…
What to do with conditional green card status in troubled marriages
“ The Joint Petition provides an opportunity for the United States Citizenship and Immigration Services (“USCIS”) to inquire as to the legitimacy of the marriage after conditional permanent residence…
Filing a new fraud waiver if your first one is denied
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,…
Conditional green card: What it is and what to do
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…
How to obtain waiver for immigration fraud and misrepresentation
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…
Provisional waiver of unlawful presence expanded to cover more immigrants
THE USCIS announced the final rule expanding the existing provisional waiver to allow certain family members of US Citizens and lawful permanent residents to apply for the provisional waiver of…
K-1 Visa: The fiancé visa for spouses of US citizens
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…
USCIS clarifies certain naturalization eligibility requirements
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 …
Minor children may be able to immigrate faster as derivative beneficiaries
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…
DHS expands provisional waiver program
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…
What immigration benefits are available to same-sex marriages post DOMA?
ON June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windsor. The BIA…
Green cards for thousands ‘out-of-status’ by waiver
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 –…
The September 2016 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…
When your green card expires: what next?
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…