Category: Immigration Columnists

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 seeking employment-based lawful permanent resident status. Eligibility Requirements. DHS amended the regulations to allow certain individuals to accept employment in the United States as follows:…

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 or jury has found the alien guilty or the alien has entered a plea of guilty or has admitted sufficient facts to warrant a finding…

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 proceedings, since he was now out of status.  However, I thought that he was entitled to a green card, and the United States Citizenship and…

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 and domestic violence offenses and terrorism grounds, false claims to citizenship are among the most seriously treated under US immigration law. An individual who is…

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 criminal offense. For years, people were frightened to come forward as victims because they feared police officials would contact immigration authorities and they would be…

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 determine if you have a problem in your immigration case because of a past crime. Noncitizens living in the United States face potentially devastating consequences…

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 to vote and voted in a U.S. election. This issue came up when she applied for naturalization. When asked by the court whether she was…

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 and Testament? Answer: There are those people  who come from other countries, or will move to another country or who will move to another State….

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, all the way back to January 1, 2005.  (In April 2015, the priority date was already at October 1, 2014. Then in May 2015, it…

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 that close to 150,000 people will find their applications rejected by USCIS. The H-1B application process can often seem unfair as USCIS randomly conducts a…

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 adjudication of guilt entered by a court; or, (2) if adjudication of guilt is withheld: (a) a judge or jury has found the alien guilty…

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 already qualify for different types of immigration relief. This article will cover different forms of immigration relief that individuals and families should be considering as…

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 unlawful presence waivers of inadmissibility in the US before they depart to their countries of origin for consular processing of their immigrant visa applications. (The…

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 conviction expunged (or “erased” from my record.)  I would like to take a brief vacation to the Philippines to visit my family and friends.  Do…

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, 2015, the Director of the United States Citizenship and Immigration Services (USCIS) announced that effective May 26, 2015 the Department of Homeland Security is extending…

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 Lawyer to work with the criminal defense attorney in order to best protect you and in order for the Immigration Lawyer to determine what is…

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 to come to our office who have been the innocent victims of malicious offenses committed against them.  Undocumented residents are targeted and taken advantage of…

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 cards such that when they are now ready to apply for naturalization, they discover that their permanent resident cards have either expired or are about…

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 to the Philippines, and married my spouse a second time, so as to cover up the first marriage. I was also convicted of some crimes…

IN the past year, we have received countless inquiries and calls from potential clients all over the world.  Wilner & O’Reilly provides excellent immigration counsel to areas in Southern California (Los Angeles, Orange, Riverside), Northern California (Sacramento) and Salt Lake City, Utah.   Clients from other regions have also retained and trusted our representation in…

If an individual is currently in status and has an employer who is willing to sponsor them, they might want to initiate the filing of an employment based immigrant petitions which involves three stages. Most employment based petitions fall under the 3rd preference employment based category.  This category includes positions which require a bachelor’s degree…

Dear Atty. Gurfinkel: I have a 10-year multiple B-1/B-2 visa.  I entered the US, and was given six months by the Immigration Officer at the airport but overstayed by only a few years. I would like to take a brief vacation to the Philippines, to visit my family, but I need to get back to…

A LOT of debtors prefer to file Chapter 7 bankruptcy, otherwise called liquidation bankruptcy, because most debtors can get a discharge of all or most of their debts under this type. In addition, you usually get your discharge a few months after the 341 meeting is held, unless an opposition is filed. However, debtors contemplating…

QUESTION: I am being placed into Removal Proceedings. Can I be deported? I have had my Green Card for years. Answer: As long as you are not a US Citizen, you could be detained and removed from the US for many types of crimes. Since the passage of the Illegal Immigration Reform and Immigrant Responsibility…