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 immigrant petition for the applicant if the applicant’s application for adjustment of status has been pending for one hundred eighty (180) days. On March 18,…
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, or listen to gossip or rumors they hear on the streets or at parties. But they may not be aware of all the critical facts…
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…
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 bankruptcy in particular. Any person who resides or is domiciled in the US can file bankruptcy. In fact, a foreigner who owns property or has…
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, human trafficking or elder or dependent adult abuse. Civil Code § 1946.7 Code of Civil Procedure Section 1946.7 provides (a) A tenant may notify the…
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 cards. However, what happens if one partner is a US citizen, living in the US, and the partner is living in the Philippines? To file…
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 faith” standards to heightened “confidential duty” and “fiduciary duty’ standards. Under current law, the duties owed between spouses in transactions between themselves are the same…
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 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 based upon objective evaluation of an attorney’s qualifications, license, reputation, experience, and disciplinary history. Please see its website www.lawyersofdistincion.com for further details concerning membership qualification….
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…
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 posts and pictures? Among the 500 or so online friends you might have, the Department of Homeland Security, Department of State, and other government entities…
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 which the marriage may be held to be null and void. These situations include, but are not limited to entering into a bigamous marriage, fraud…
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 US business or conduct trade between the foreign treaty country and the US. The Philippines entered into such a treaty with the US as of…
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 – no more constant barrage of phone calls from collection agencies or flood of letters threatening legal action and statements of delinquent accounts. On the…
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 for an immigrant visa, and when they have any questions, they call or email the National Visa Center (NVC) for advice and guidance on what…
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 requirements. The legal permanent resident may file early if he or she has been a resident for at least three (3) years and has…
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 laws, some people “invent” their own marriage laws, based on gossip, rumors, hearsay, or statements from friends, relatives or barangay captains. However, this can be…
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) program, first initiated in 2012. Many young individuals have already taken advantage of the Deferred Action for Childhood Arrivals (DACA) program, which was first announced…
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…
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 local criminal laws and who are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. These crimes include rape,…
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…
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 it took USCIS to process and approve the petition. You take the date the petition is filed, and the date it was approved. How long…
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. Unfortunately, his father who is 87 years old, suffered a heart attack after Christmas and is now in a care facility. He applied for a…
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 are not married to each other. Many concerns have to do with child support/financial help or biological fathers wanting to see their child or…
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…
IT’S Valentine’s Day and Malena woke up to a bouquet of bright red roses and a box of chocolates by her bedside. There was a handwritten note from her husband , George, that said “I love you.” This made Malena smile. It’s times like these that she forgets her husband’s temper when he’s tired from…
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 the assistance of the court facilitator’s office in preparing the papers to open their own divorce case. However once the divorce case is opened, many self-represented…
SINCE it is practically “H-1B season” once again, this is an appropriate time to discuss the H-1B visa applications. The USCIS will start accepting new H-1B quota- based applications on April 1, 2016 for the fiscal year 2017. For these applications, the earliest start work date is October 1, 2016. Under Sec. 101(a)(15)(H)(i)(b), an alien…
IMMIGRANTS sometimes find themselves in immigration removal proceedings (deportation) because they have obtained their green cards through fraud and or misrepresentation. A common example would be married children of US citizens who lie to the US Embassy about their marital status by stating that they are single in order to obtain permanent residency. Another common…
ON December 16, 2015, a female Australian lawful permanent resident was allowed to take her oath of allegiance and granted U.S. citizenship. Previously, by Decision dated June 25, 2015, her application for naturalization was denied by USCIS, after appearing for an interview on her eligibility thereon on February 11, 2015. The denial was based on…
