Category: Immigration Columnists

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…

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…

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…

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…

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…

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…

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…

IF you are adopting a child from a foreign country and wish to bring the child to the United States, you must comply with the adoption laws of the child’s…

The growing threat of international terrorism, which apparently is without territorial boundaries, has prompted the Department of State (DOS) to tighten its rules of entry into the US.  DOS is…

THREE years ago President Obama made an important announcement and made clear his intent to help “Dreamers”; young people who were brought to the U.S. unlawfully by their parents. He…

MANY fathers and mothers have their own ideas of child custody and the standard to which Courts use in determining custody of children.  Automatically, most parents believe that the children…

QUESTION: The last thing I want to do is go through Probate. Can you let me know if there are any other options? Answer: It is possible. There is what…

We have recently discussed how criminal convictions could lead to removal or inadmissibility. However, under INA 212(a)(2)(A)(i), an alien is also inadmissible if he admits committing acts which constitute the…

(For a good faith marriage) MOST people in love profess their 100 percent unconditional, eternal love of another person, with all of their heart and with all of their soul….

MARIO and Leila were granted legal permanent resident (LPR) status in May 2008, through the petition of their son who is in active duty in the United States Navy.  After…

DEAR Atty. Gurfinkel: I received my green card through my employer’s petition, but the priority date on my petition suddenly retrogressed (went backwards) before I was able to bring my…

WHAT happens when my green card expires? Lawful Permanent Resident status is not affected by the expiration of the Form I-551, or the “green card.” A person does not lose…

JUNE 12 marked the three year anniversary for President Obama’s program to shield young people often referred to as DREAMers from deportation. During these past three years, DACA has given…

LEGAL Separation is an alternative to a dissolution or divorce. Although a legal separation can be maintained on the same grounds as a dissolution action i.e. irreconcilable differences, a judgment…