The March 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…
Category: Immigration Columnists
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Love and pain: Domestic violence and US immigration laws
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…
I filed my own divorce but I am having problems finishing 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 the…
H-1B Visa 101
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…
Fraud waiver under INA section 237(A)(1)(H)
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…
USCIS reverses itself and grants citizenship to Australian lawful permanent resident
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…
Child support in California
MY last article dealt with the fact that many Pilipinos have misconceptions or are misinformed about family law here in the United States, specifically, in the State of California. They…
A new family petition could be faster than waiting for your pending employment case
DEAR Atty. Gurfinkel: I received my green card through my employer’s petition, but the priority date on my petition retrogressed (went backwards) before I was able to bring my family…
What makes you deportable
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…
It could be possible to retain and transfer your old employment-based priority date
IF, years ago, you were petitioned by an employer, and that employer’s petition (Form I -140) was approved, but you never received a green card from that case, a new…
The ‘Grace Poe’ dilemma
(Part 1 of 2) The issues surrounding the presidential candidacy of Senator Grace Poe will not seem to die down. Whether it is purely an honest attempt to search for…
Tax consequences of divorce, non-custodial parents
CONSIDER the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file…
April deadline for H-1B visas
THE United States Citizenship and Immigration Service (USCIS) will once again begin accepting petitions for H-1B working visas on April 1, 2016. Petitions may be submitted for employment to commence…
Supreme Court to hear and review the expanded DACA and DAPA case
ON 1/19/2016, the US Supreme Court granted the writ of certiorari filed by the Obama Administration in the case United States, et al. v Texas. This means that the Supreme…
Supreme Court agrees to review Obama’s executive action on DAPA and expanded DACA
ON January 19, 2016, the US Supreme Court agreed to review the legality of President Obama’s executive action, which he announced in November 2014, of Deferred Action for Parents of…
The new visa bulletins – when can you file your green card application?
ONE of President Obama’s immigration executive actions announced in November 2014 is to advance the filing of adjustment of status/green card applications for individuals who have approved employment-based immigrant petitions. …
Why Ted Cruz is a natural-born US citizen
RAFAEL Edward “Ted” Cruz, the Republican Junior Senator from Texas, was born on December 22, 1970, in Calgary, Alberta, Canada, to Rafael Cruz, Sr., originally from Cuba, and Eleanor Darragh,…
The February 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…
Debtors’ rights against unscrupulous collection agencies
THE country’s economy may be rebounding but a lot of people are still feeling the effects of the last economic downturn. Many who have not been able to recover from…
What happens when spouse files 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…
Why Grace Poe has 10-year Philippine residence
THIS constitutional issue is before the Philippine Supreme Court for final decision on petitions for certiorari filed by Grace Poe from the COMELEC’s en banc decision. Article VII, Section 2…
Steps to employment-based immigrant petitions
THERE are 140,000 employment-based immigrant visas available yearly and these employment-based immigrant visa are divided into five preference categories: Priority Workers (E1); Professionals Holding Advanced Degrees and Persons of Exceptional…
USCIS says don’t submit original documents
ON January 4, 2016, the USCIS announced that people should NOT submit original documents (such as birth certificates, marriage certificates, divorce decrees, photographs, naturalization certificates, etc.) to USCIS with any…
Exemptions to inadmissibility bars for employment-based adjustment applicants
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…
What factors will the court look at in awarding spousal support?
THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of…
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…
You can’t water-board fiancées at the US embassy!
THERE has been much undeserved criticism and condemnation hurled at USCIS and consular officers over issuing a fiancée (K – 1) visa to the female terrorist in the San Bernardino…
What makes you deportable
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…
A wonderful Christmas gift for your family
AN important part of Christmas is buying gifts for loved ones. Filipinos are busy filling their balikbayan boxes with pasalubong, to send to their families “back home.” The pasalubong may…
Child born abroad to US citizen parent/s
A CHILD born abroad to parents who are both United States citizens (USCs), or to a United States citizen (USC) mother or father, has a claim to citizenship either through…