ONE traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse. As a spouse of a US Citizen, an alien is considered an immediate relative and entitled to immediately apply for a green card inside the United States. This is usually done by simultaneously filing an I-130…
DEAR Atty. Gurfinkel: When I filed for adjustment of status, USCIS said I committed fraud when I entered the US under an assumed name. They required me to file a Form I – 601 (Waiver of Inadmissibility), which they denied, stating that my spouse would not suffer enough “extreme hardship”. My lawyer appealed my case…
GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under family code section 760. How do you characterize real property purchased prior to marriage but with the mortgage principal paid down using community income or…
ALMOST every Filipino has seen the movie Titanic, the story of Jack and Rose who sailed that doomed ship, which hit an iceberg and sank. During consultations, I sometimes compare the person’s immigration situation to sailing on the Titanic. What do I mean by that? If a person wants to buy a ticket on the…
THROUGHOUT the years that I have practiced family law in the State of California, I have heard many ideas from clients as to how they think child support is calculated in the State of California. Unfortunately, some of their ideas are misinformed or not complete. Some feel that they are stuck with a low…
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…
ON March 11, 2016, the US Department of Homeland Security released its final rule enhancing the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering, and mathematics (STEM) fields. The new STEM-OPT extension is a 24-month period of temporary training that directly relates to the student’s program of study in an…
“ It is with great honor that such a program is finally being implemented so that Filipino WWII Veterans can finally be together with their loved ones once again.” ON May 9, 2016, the Department of Homeland Security (DHS) formally announced that it will be begin the much deserved “Filipino World War II Veterans Parole”…
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or significant other. At times, it is effective in preventing harm to one of the parties. At the same time, this process is sometimes…
BEGINNING on June 8, 2016, certain family members of Filipino World War II veterans may apply to come to the US (through “humanitarian parole”) and wait in the US until the priority date on their family based petition becomes current. This program, announced on May 9, 2016, is called the Filipino World War II Veterans…
FOREIGN professionals wishing to immigrate to the US (as permanent residents) may do so under 3 general classifications: • 1st Preference (EB1) – extraordinary ability foreign professionals; outstanding researchers and professors; and multinational executives and managers known as “priority workers” • 2nd Preference (EB2) – foreign professionals with advanced degrees and professionals of exceptional ability…
THERE are situations in both Divorce and Child Support cases where the Summons and Petition resulted to a default against one party for failing to respond on time. In certain situations, the defaulted party failed to respond on time because he or she did not even know that he or she was served with a…
FOR married couples who are contemplating bankruptcy, one of the primary concerns they have is whether or not they can file singly. Stated otherwise, if you are married, can you file Chapter 7 or Chapter 13 bankruptcy without your spouse? Yes, you can. Actually, you have three (3) options as to your status when filing…
MANY people were ordered removed/deported “in absentia” (in their absence) because they did not appear at their removal hearing. However, if they were not properly notified of the hearing date, there could be hope to have the case reopened and have the removal/deportation order canceled. By law, an alien must provide the government with their…
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 concepts. With a voided marriage, it restores the couple to status of unmarried person as if they…
Dear Atty Gurfinkel: I HAVE been a green card holder for many years. Several years ago, I was convicted of a crime. I served the sentence and even had the conviction expunged (or “erased” from my record.) I would like to take a brief vacation to the Philippines to visit my family and friends. Do…
Decision expected by June 2016 ON April 18, 2016, the US Supreme Court heard oral arguments from Texas and other states, as well as the Obama administration, concerning President Obama’s November 2014 Executive Action for DAPA and expanded DACA, which would enable qualified\eligible parents of US citizens and green card holders to obtain work authorization…
1. WHAT is paternity? Paternity means fatherhood. Establishing paternity is the legal process of determining the legal father of a child who was born to unwed parents. When parents are married, in most cases, paternity is established without a legal action by virtue of their marriage. If parents are unmarried, paternity establishment requires a judicial…
ON April 18, 2016, the US Supreme Court heard oral arguments from Texas and other states, as well as the Obama administration, concerning President Obama’s November 2014 Executive Action for DAPA and expanded DACA, which would enable qualified\eligible parents of US citizens and green card holders to obtain work authorization and be protected against deportation….
THE power to give, take away, and deport. The United States does not welcome you with open arms. It allows non-citizens entry into the United States, under certain conditions. When these conditions are broken, you can expect nothing but the full force of the United States government through the Department of Homeland Security to bear…
“In the area of immigrant visas, a same sex US Citizen spouse or legal permanent resident spouse may now petition for an immigrant visa for their spouse as long as the marriage was valid in the place of celebration. Validity of the marriage is not based on the place of domicile.” On June 26, 2013,…
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…
ON March 11, 2016, the US Department of Homeland Security released its final rule enhancing the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering, and mathematics (STEM) fields. The new STEM-OPT extension is a 24-month period of temporary training that directly relates to the student’s program of study in an…
THE American Institute of Family Law Attorneys (AIOFLA) has selected for membership, as one of the 10 Best Attorneys in California for Client Satisfaction, Los Angeles Fil-Am Attorney Roman P. Mosqueda for 2016. The American Institute was created in 2014 as an impartial third-party attorney rating and invitation only legal organization recognizing excellence of practitioners…
A DEBTOR with a judgment against him needs to determine if he can discharge his personal liability under that judgment in a Chapter 7 bankruptcy petition. That would depend whether the underlying debt is dischargeable or not. (In bankruptcy, a discharge is the final order issued by the bankruptcy court which releases the debtor from…
MANY people may be guilty of attempted “alien smuggling” and not even realize it. They may also be totally unaware of the harsh or drastic consequences to themselves and the rest of their family if they are caught. A person could be committing alien smuggling by claiming a grandchild or “given” child (whom they raised…
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…
COMING to the United States as a K-1 Fiancée is an exciting and joyous occasion. After typically waiting many months to be together, couples are finally reunited and ready to embark on a new life together. Most couples bask in the glow of their new marriage and smoothly navigate through the immigration process of obtaining…
IN a divorce proceeding, people sometimes have a misconception that the only assets or properties that have to disclose assets and properties situated in California. Even worst, sometimes parties even think that since an asset or property is situated in a different country or state, that property is not community property and not subject to…
EVERYONE is familiar with Starbucks coffee houses, which are located on virtually every street in every city. In some cases, there may be four Starbucks coffee shops on each of the four corners of an intersection. In other words, Starbucks has locations everywhere. Some people have the impression that in choosing an attorney to handle…
