Why does the National Visa Center (NVC) require you to submit an accurate Form I-864? We hear stories of the frustration experienced by those who have to re- submit the form many times thinking they are following instructions ‘to the letter” only to have it bounce back as ‘incorrect’. What is so difficult about filling…
Investor visas are a great option for immigrant investors and their families. These visas are available both for those that are outside of the United States, and for those that are currently in the United States on a different type of visa. Two programs stand out as great options that should be considered by any…
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
DEAR Atty. Gurfinkel: Before I was 16 years old, I was adopted and petitioned by my aunt, and got my green card through her petition. I am now a US citizen, and would like to petition my biological mother. Is that possible? Very truly yours, B.N. Dear B.N.: When a child is adopted before their…
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…
Under 8 CFR 205.1(a)(3)(i)(C), an approved Form I-130 petition for an alien relative is automatically revoked upon the death of the petitioner if the beneficiary has not obtained lawful permanent residence prior to the petitioner’s death. In Matter of Varela, 13 I&N Dec. 453 (BIA 1970), the Board of Immigration Appeals (BIA) held that an…
” As you can see, by terminating the loveless marriage legally, it could result in your priority date already being current in the F-1 category, instead of waiting for years for the F-3 category to be current.” DEAR Atty Gurfinkel: Years ago, my US citizen parent petitioned me as a married child (Category F –…
FOR most people, being served with divorce papers by your spouse is probably one of the biggest surprises in your life. The spouse in the receiving end of the divorce sometimes are not offered any explanation for the divorce petition by their spouse. You may start getting upset about how this can happen to you…
In the past couple of weeks, I have discussed two types of restraining orders i.e. a stay-away order and a restraint on personal conduct. Both of these restraining orders are judicial orders (granted by a judge or commissioner) preventing a person from doing certain things to a “protected person.” Usually, this means that the person…
The bankruptcy court issues a pamphlet containing explanation of bankruptcy basics like the reaffirmation agreements. All debtors are required to read the pamphlet and the trust during the 341 hearing will inquire whether the debtor has read the same. This is to ensure that debtor understand the consequence of bankruptcy filing and executing reaffirmation agreements….
So often, we meet with clients who come to our law firm just before a scheduled consulate interview abroad. The clients have either done their application on their own, or maybe a friend or “document preparer” has helped them, and they believe their case is straightforward and simple. They are all set to go, their…
Certain aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1 visa/ jumpship) Accepting unauthorized employment Entering the US without inspection (No I-94 or crossing the border without a visa) Remaining in the US past the…
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…
AS you may be aware, the USCIS is seeking comments from the public regarding the proposed rule on the “Expansion of Provisional Unlawful Presence Waivers of Inadmissibility” which was published last July 22, 2015 in the Federal Register (copy is s available online). Deadline for submission of comments on the proposed rule is on 9/21/2015….
IN the years that I have practiced family law here in Los Angeles, I found that my Pilipino clients have to be briefed about the law and what the law could and would provide for them. They tend to bring their own knowledge of the law from the Philippines and expect that the Philippine law…
CLIENTS often come in to our office with Hollywood-like ideas of what to expect at an immigration interview. They are usually surprised to hear that immigration interviews are almost completely different from what they have seen in the movies. An experienced immigration attorney will help clients to know what to expect at their immigration interview….
WHENEVER a person commits fraud in obtaining an immigration benefit (such as entering the US under a different name, using bogus documents, applying for benefits to which they are not entitled, etc.), the person is typically required to file a Form I – 601, waiver of inadmissibility, or fraud waiver. To be eligible to apply…
In applications for immigration benefits or relief, the focus is often on the qualifications or eligibility of the alien for such benefits or relief. In this article, I would like to emphasize some important requirements on a Form I-130 petitioner in family petitions. An I-130 petition is the preliminary step in a process that could…
FOR most professional immigrants that seek long term immigration status in the US, the key to success is finding an employer that would Petition them for an H-1b visa. The problem recently though is the reduction in the visa numbers for this classification that makes this visa unavailable most of the year after the cap…
AMNESTY, executive orders, federal lawsuits, injunctions are words that have been tossed around frequently this year in regards to immigration. For many immigrants, much of the information is overwhelming. It seems like President Obama’s executive actions to aid unlawful immigrants have been met with strong opposition. Popular items such as extending Deferred Action for Childhood…
THE USCIS has published a proposed rule expanding eligibility for a provisional waiver of the 3\10 year bar. The expanded provisional waiver will include “all aliens” statutorily eligible for the waiver. At present, only immediate relatives of US citizens (spouse, parents, and child) may apply for a provisional waiver of the 3/10 year bar, before…
Application forms to petition a relative, obtain a green card, a work permit, travel abroad or study in the U.S. may appear easy to fill out. The U.S. Citizenship and Immigration Services (USCIS) ensures that such forms can be understood and completed by you , who need not be experts in US immigration laws. However,…
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…
The Second Circuit Court of Appeals recently ruled that an out of wedlock child’s Constitutional equal protection rights to derive US citizenship at birth were violated, when the law had much tougher requirements for children of US citizen fathers than the requirements for children of US citizen mothers. Under US immigration law, an out of…
MOST people might welcome a change in law that provides relief or benefits which were previously unavailable. However, a new law which deprives individuals of benefits that they could have applied for under an old law or a new law which imposes new disqualifications could have disastrous consequences. In this article, we will examine the…
CONSIDER this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…
ON July 14, 2015, the Customs and Border Patrol (CBP) announced that it will begin testing the collection of biometric exit data of limited foreign national air travelers departing the US at Hartsfield-Jackson Atlanta International Airport using enhanced mobile devices. As you may be aware, the CBP, under the Department of Homeland Security (DHS), is…
QUESTION: I had a deportation order years ago. I re-entered the U.S. illegally, got caught and was convicted in U.S. District Court for illegal reentry. I am serving a three year sentence. Is there anything that I can do? Answer: Actually, there was a great case that just came out of the Ninth Circuit Court…
My father was just a little boy growing up in Bataan during World War II. He believed his life and that of his brothers were spared by the Japanese only because they were too small to be viewed as threats to the soldiers. Eventually, brave Filipino and American soldiers fought side-by-side to liberate the country…
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…
