Category: Immigration Columnists

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…

A criminal conviction for a firearm offense may affect an alien’s immigration status or his eligibility for relief. The immigration consequences of a firearm conviction would depend on the status…

IN November 2014, President Obama announced he was implementing various immigration executive actions, including Deferred Action for Parental Accountability (DAPA) and expanded Deferred Action for Childhood Arrivals (DACA).  These programs…

ONE way of obtaining an immigrant visa here in the United States is through a petition filed by the US citizen or legal permanent resident spouse.  The US citizen or…

AS early as April 7, 2015, the USCIS announced that the statutory cap for the fiscal year (FY) 2016 of 65,000 H-1B visa applications for the general category and 20,000…

QUESTION: I did my Will many years ago and I need to add some items and change some items. What can I do? Answer: A codicil is a testamentary document…

The Supreme Court recently ruled, in Kerry v. Din  there is no constitutional “due process right” for the spouse of a US citizen to immigrate to America. The US citizen…

MANY Pilipinos have misconceptions or are misinformed about family law here in the United States, specifically, in the State of California.  They tend to not know their rights or the…

QUESTION: I ran away from my country because my husband kept beating me. Is there anything that I can do? Answer: There were actually no way you could have claimed…

THE July 2015 Visa Bulletin continues to provide disappointing news for Filipinos, as the priority dates in the employment based categories (EB-3 and Other Workers) retrogressed (moved backwards) yet again,…