Caregivers are presumptively disqualified from being named as beneficiary of a patient’s Will or Trust. Probate Code Section 21350, subdivision (a) provides: “Except as provided in Section 21351, no provision, or provisions, of any instrument shall be valid to make any donative transfer to any of the following: …… (6) A care custodian of a…
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…
BEING granted United States citizenship is a dream-come-true for countless people from around the world. Though the dream is the same, the paths to actually obtaining U.S. citizenship can vary greatly because there are many different ways that a person may become a U.S. citizen. The most common way a person is granted U.S. citizenship…
MANY Filipinos do not know that they can obtain a green card within 2 years by simply investing money. The EB-5 Immigrant Investor Program was created in 1990 to stimulate the economy through capital investment by foreign investors and job creation. The EB-5 program continues to be popular with Asian countries. For Filipinos, the EB-5…
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…
MARRIAGE for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent residency. However, although the…
MANY Filipinos consult with me saying they are sad, lonely, and depressed over their immigration situation, and just want to give up, and go back to the Philippines. Many of them came to the U.S. years ago, leaving behind a spouse and small children. Because of their immigration situation, they are unable to travel back…
THE failure of the Supreme Court to overturn the lower’s court’s decision blocking the implementation of the President’s Executive Order providing Deferred Action to Parents of US Citizens and Legal Permanent Residents (DAPA) dashed the hope of many undocumented parents who wish to come out of the shadows. The implementation of DAPA would have allowed…
(Part 1 of 2) Signing up to be a soldier for a country not initially your own and be willing and able to defend and die for its ideals, is probably the most courageous and noble act a person can do. After all, it is undeniable that going to war carries with it the risk…
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in this state is community property.” Family Code §760. This becomes a problem if you…
MANY people have misconceptions or are misinformed about family law here in the United States, specifically, in the State of California. They tend to not know their rights that deal in this area. These include the areas of divorces, custody, child/spousal support, paternity actions, wills/trusts, property rights etc. In the years that I have practiced…
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…
SUMMER is here, and it’s time for summer barbecues and bonfires by the beach! Before partaking in summer fun, however, know where you stand: If you are a non-U.S. citizen, read this article carefully. What Uncle Sam giveth, Uncle Sam can just as easily take away. Whatever you do, try not to get deported. A…
IN most cases, in order for a person to adjust status (obtain a green card) in the U.S., the person must prove he or she was “inspected and admitted” by an immigration officer at the airport or border (port of entry). This means that the person presented himself to an immigration officer who reviewed his…
OFTEN, many immigrants have kept pushing back their decision to apply for US citizenship. Many of them have also failed to keep track of the validity of their permanent resident cards such that when they are now ready to apply for naturalization, they discover that their permanent resident cards have either expired or are about…
The US Department of Homeland Security (DHS) announced in October 2015 that it is creating the “Filipino WWII Veterans Parole Program” to enable some family members of these veterans to come to the United States and be with their veteran-petitioners even if their visas are not yet available for processing. The program is part of…
I HAVE had many clients and prospective clients who would inquire how much is an “uncontested divorce.” Of course, I would ask some questions to determine whether their divorce is “uncontested” such as if both spouses have agreed to all issues of custody, support, property, etc. Unfortunately, many divorces are not as simple as…
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 shortly thereafter issued a decision in Matter of Zeleniak holding that DOMA is no longer an impediment in recognizing same-sex couples under the immigration and…
ORDINARILY, there is no appeal process for visa refusals. Under the doctrine of “consular non- reviewability”, a person cannot even sue or appeal their visa refusals in US federal courts. The US Supreme Court ruled last year that the Embassy is not even required to provide a “detailed explanation” of the reason for the visa…
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 US Citizenship and Immigration Services (USCIS) and have had their applications denied by the…
DESPITE having only limited knowledge or understanding of immigration laws, some people attempt to strategize and handle their immigration case on their own. They follow the advice of friends or relatives or listen to gossip or rumors they hear on the streets or at parties. Partial or incomplete information about immigration law and benefits can…
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…
FAMILY based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I – 864) in order for the beneficiary to adjust status or obtain an immigrant visa. The petitioner must be domiciled (or living) in the US to…
FAMILY Code 760 provides that all property acquired by the spouse during the marriage is community property. That means each spouse has a half interest on any assets that are acquired during the marriage, with certain exceptions, since it is generally characterized as community property. On the same token, Family Code 771(a) provides that earnings…
FAMILY based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I – 864) in order for the beneficiary to adjust status or obtain an immigrant visa. The petitioner must be domiciled (or living) in the US to…
ALL we need is love, says a love song. Love will keep us alive, says another. Unfortunately, real life is not a three-and-a-half minute power-ballad love song. Love and marriage in the real world involves trying to put order in the chaos of work, maintaining a home, and raising a family all the while maintaining…
(Part 2) IN an earlier article, I discussed about the Filipino World War II Veterans Parole Program (“FWVP”). The FWVP allows certain family members of Filipino World War II veterans (“FWV”) are beneficiaries of an approved I-130 Petition to apply for parole with the USCIS so they can come to the US while waiting for…
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 fathers and mothers have their own ideas of child custody and the standard to which Courts use in determining custody of children. Automatically, most parents believe that the children would naturally go to their mother. This perception is incorrect—the children do not automatically go to the mother. Rather, the Family Code statutes have a…
STARTING June 8, certain family members of Filipino World War II veterans (“FWV”) and who are beneficiaries of approved I-130 petitions can apply for parole with the USCIS so they can come to the US while waiting for their immigrant visa to become available (or to become current). This is pursuant to the July 2015…
