Are judgments dischargeable in bankruptcy?
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…
Category: Immigration Columnists
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Lifetime ban for ‘alien smuggling’ for including a ‘given’ child
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…
California divorce 101
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…
K-1 fiancée: Adjusting status after a separation or divorce
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…
Disclosure and characterization of overseas assets in divorce
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…
Law offices don’t need to be like Starbucks: Offices on every corner
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…
Changing employers while the adjustment of status application is pending
UNDER the American Competitiveness in the Twenty-First Century Act (AC21), an applicant for adjustment of status can change his or her employer or job without the employer filing a new…
Would you perform surgery on yourself, or would you let a doctor do it?
SOME people, with only limited knowledge or understanding of immigration laws, try to strategize and handle their immigration case on their own. They follow the advice of friends or relatives,…
New regulations extend OPT extension for STEM
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…
Chapter 7 bankruptcy
BECAUSE of the current economic downturn, some people are interested about bankruptcy as a relief to their financial dilemma. I deem it therefore appropriate to discuss bankruptcy and Chapter 7…
Victims of domestic violence can terminate a lease on written notice to the landlord
A TENANT may terminate his or her tenancy on written notice to the landlord that the tenant, or a household member, is a victim of domestic violence, sexual assault, stalking,…
How to bring your same-sex partner from the Philippines
WHEN the US Supreme Court struck down the Defense of Marriage Act (DOMA), their ruling enabled same-sex couples to marry and, for immigration purposes, to petition one another for green…
The presumption of ‘undue influence’ in transactions between spouses during the marriage
CALIFORNIA law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good…
Paternity of children
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…
Fil-Am is 10% top attorney in United States
ON January 5, 2016, the Lawyers of Distinction announced the selection of Los Angeles attorney, Roman P. Mosqueda, as top 10% of attorneys in the United States. Members are accepted…
The April 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…
Social media and immigration
FACEBOOK! Twitter! Instagram! Don’t forget to “tag” your friends and make sure everyone knows about your #adventureswithmylove. Not many people stop and wonder who else might be looking at your…
Putative spouse status as a defense to a petition for nullity of marriage
ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in…
Residing in the US indefinitely through an E-1/E-2 Visa
THE E nonimmigrant visa category allows nationals of countries who are a party to certain treaties with the United States to receive visa benefits in order to invest in a…
When filing bankruptcy can help you
DECIDING to file bankruptcy is a difficult decision for most. On one hand, people recognize the immediate relief filing bankruptcy could bring. Once filed, all collection efforts from creditors stops…
The NVC is not your ‘attorney’, for free legal advice
MANY people, desiring to save money, try to handle their immigration matters on their own, rather than hiring an attorney. They may have a relative in the Philippines being processed…
The English language exception in US citizenship applications
A LEGAL permanent resident is eligible to apply for citizenship if he or she has been a permanent resident for at least five (5) years and meets all the eligibility…
You cannot make up your own marriage laws
MARRIAGES are usually governed by the laws of the place of celebration. In the Philippines, the Family Code deals with the validity, invalidity, and termination of local marriages. Despite these…
Criminal history and US Immigration Laws: Deferred Action (DACA)
WITH all the news surrounding Immigration, noncitizens cannot lose sight of current programs still in place for those who are eligible. For example, the Deferred Action for Childhood Arrivals (DACA)…
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…
U Visa for victims of criminal activity
THE U Visa is a non-immigrant visa intended for certain people who have been victims of one or more of specific crimes or similar activities punishable under federal, state, or…
Do you need to be living in separate residences to be considered ‘separated’ from your spouse under the California family law?
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…
Things that can mess up your child’s CSPA eligibility
ELIGIBILITY for benefits under Section 3 of the Child Status Protection Act (CSPA) is based on a mathematical formula, where you subtract from the child’s age the length of time…
Humanitarian Parole for urgent medical and family cases
CARLOS is a married child petitioned by his US citizen father. His priority date is October 30, 1992 and it’s just a matter of months before his visa becomes available. …
Paternity actions
I HAVE had many clients who come into my offices and ask questions about what to do with their child or children that are born out-of-wedlock, meaning the biological parents…