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…
AS you may be aware, a foreign national who desires to enter the US must obtain either an immigrant or non-immigrant visa. An immigrant visa allows one to stay in…
DIVORCING couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The…
MANY of my clients inquire about the differences between a dissolution of marriage and a judgment of nullity. A dissolution of marriage is when the Court grants a divorce—due to…
There have been many tragic situations where people were duped into applying for immigration benefits to which they were not entitled. Unscrupulous immigration consultants promise work permits, green cards, and…
Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican citizens (known as “Treaty Nationals” or “TNs”) can come to the United States temporarily, not to exceed one (1)…
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…
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…
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…
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…
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…
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…
” 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 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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
