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…
Category: Immigration Columnists
Read More
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…
Many may qualify for other forms of immigration relief
HUNDREDS of thousands of people are still waiting for President Obama’s DAPA and new DACA executive order to go into effect. However, many of those waiting for these programs may…
Immediate relatives can apply for Provisional Unlawful Presence Waivers
THE Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives allows certain immediate relatives (spouses, children under 21 years old and parents of US citizens) to apply for provisional…
Automatic revocation of wills and trust upon entry of divorce or nullity judgment
You just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse…
Immigrants with criminal convictions should not leave the Us
Dear Atty. Gurfinkel: I have been a green card holder for many years. Several years ago, I was convicted of a crime. I served the sentence and even had the…
Employment authorization for H-4 spouses effective May 26, 2015
Young individuals must timely apply for DACA renewal to avoid lapse I. Effective May 26, 2015, USCIS will accept applications for Employment Authorization for certain H-4 spouses. On February 24,…
Get immigration and criminal attorneys if you have a crime
IF you have been arrested because of a crime and that you are going to get a plea bargain, that is the time that you have to get a Immigration…
Paying to be deported
Immigration scam awareness is on the rise. You cannot Google the word “notario” without finding dozens of resources and articles about immigration fraud. It is all too common for people…
What immigration benefits are available to same sex marriages post DOMA?
On June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windsor. The BIA…
Applying for naturalization with expired green cards
Often, many immigrants have kept pushing back their decision to apply for US citizenship. Many of them have also failed to keep track of the validity of their permanent resident…
Is it ‘safe’ for me to apply for naturalization if I got my green card as a ‘married\single’?
Dear Atty. Gurfinkel: I was petitioned by my parent as “single”, but while waiting for my petition, I got secretly married. After getting my green card as “single,” I returned…