Immigration consequences of firearms convictions
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…
Category: Immigration Columnists
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An update on the status of DAPA and expanded DACA
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…
Immigrant visa issuance after spouses’ separation
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…
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…
Alternatives to H-1B visa petitions
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…
Need to change your Will? Get a Codicil
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…
Supreme Court rules there is no ‘constitutional right’ for US citizen to have spouse live with her in US
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…
Family law
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…
Asylum possible if you are being beat by your husband
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 priority dates: Filipino workers’ visas unavailable
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,…
Removal of conditions on permanent residence
IF you acquired permanent resident status through a marriage of less than two (2) years, you are a conditional permanent resident. You and your spouse must file a joint Petition…
Informal adoptions of ‘given’ children are not valid for immigration purposes
DEAR Atty. Gurfinkel: I am a US citizen (I got my green card through my US citizen husband), and I petitioned my mother. But she was denied at the Embassy…
Chapter 7 and 13 bankruptcy: means test
DURING initial consultations, some debtors contemplating filing bankruptcy have expressed their personal preference of filing Chapter 7, instead of Chapter 13, for various reasons such as a shorter time frame…
The wrong immigration help can hurt
RECENTLY, I had a third year international college student do a consultation with me. She had married her US citizen boyfriend. She hired an “immigration consultant” referred to her by…
There is the international will for people that live or will move outside california
QUESTION: I have a bunch of assets in other places than California. Also, I will be moving soon. Is there a Will I can use here for my Last Will…
Is property acquired with financing during marriage community or separate property for purposes of divorce?
A QUESTION that invariably arises during divorce proceedings is whether assets are properly characterized as community or separate property. If property is characterized as community property, it must be divided…
USCIS begins accepting applications for employment authorization for certain H-4 dependent spouses
STARTING May 26, 2015 the Department of Homeland Security US Citizenship and Immigration Services began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B non-immigrants who are…
Grounds for annulling a marriage
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” …
What is a Conviction?
For immigration purposes, INA 101(a)(48)(A) defines a conviction as: (1) a formal adjudication of guilt entered by a court; or, (2) if adjudication of guilt is withheld: (a) a judge…
Case denied despite eligibility
RECENTLY, a person came into my office in a panic, after his adjustment of status had been denied. With the denial, he faced the prospect of being placed in removal…
The immigration effect of false claims to us citizenship
FALSELY claiming to be a US citizen can be a fatal mistake for non-citizens hoping to one day enter the US or obtain/maintain US resident status. Alongside fake marriages, drug…
U-Visas for victims of criminal activity
THE U-Visa program was created several years ago by Congress in order to encourage immigrant victims of criminal activity to cooperate with police and prosecutors in their investigation of the…
Have a crime? You should have a Deportation Attorney evaluate your case for immigration purposes
QUESTION: I have a past crime. Do I need to consult an immigration attorney before I apply for immigration status? Answer: As you might know, the deportation attorney can help…
Do I need a premarital agreement before getting married?
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired…
Green card holder ordered removed for voting in US election
ON February 13, 2017, the Seventh Circuit Court of Appeals (which is one level below the U.S. Supreme Court), upheld the deportation/removal of a green card holder because she registered…
International Will for people that live or will move outside California
QUESTION: I have a bunch of assets in other places than California. Also, I will be moving soon. Is there a Will I can use here for my Last Will…
Permanent residency through marriage to US citizen spouse
THE economic crisis of the past few years and changes in immigration legislation has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United…
The June 2015 Priority Dates: Major retrogression for workers and single children of US citizens (F-1)
The June 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,…
After the H-1B Cap
Between April 1 and April 7 of this year, USCIS received a staggering 233,000 applications for H-1B visas. The downside? There are only 85,000 H-1B visas available every year, meaning…
Immigration consequences of juvenile convictions
Convictions for certain criminal offenses could cause denial of a visa or lead to removal. Under INA 101(a)(48)(A), the term conviction, with respect to an alien, means: (1) a formal…
