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…
Category: Immigration Columnists
Read More
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…
W&O’s Expansion Continues in San Francisco, San Diego, and Orem (UT)
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…
Adjustment of status for employment based beneficiaries
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…
Will I have any problems if I go home for a vacation?
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…
How can INA section 245(i) benefit you?
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1…
Will the bankruptcy court confiscate my property if I file bankruptcy?
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…
If you are not a US Citizen you could be detained and removed from the US
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,…
Assisting in alien smuggling
Under INA 237(a)(1)(E)(i), a lawful permanent resident (LPR) who has knowingly encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the US in…
The May 2015 Priority Dates
7-Year retrogression for Filipino workers!!! THE May 2015 Visa Bulletin provides disappointing news for Filipinos, as the priority dates in the employment based categories (EB-3 and Other Workers) will retrogress…
Government pushes for prosecutorial discretion despite TRO
DESPITE the temporary restraining order (TRO) issued by a Texas federal judge on February 16, 2015 enjoining the implementation of President Obama’s initiatives for the expanded Deferred Action for Childhood…
When to use ‘economic circumstances’ approach
THE court does not always equally divide each piece of community property in a divorce case “In kind.” An equal partition of each item of property in the community estate…
Filipina felony conviction reduced to misdemeanor
ON February 27, 2015, the Hon. Keith Schwartz, Presiding Judge of Department 144 at the Los Angeles Airport Courthouse, sentenced a Filipina to 3-year summary probation with suspension of imposition…
Prepare a durable power of attorney before you become incapacitated
QUESTION: It’s too early to prepare a Durable Power of Attorney. I’m healthy and don’t see the need. Answer: Most people wait until it is too late. Multiple times people…
Fifth Circuit strikes down challenge to Obama’s Executive Action
On April 7, 2015, the Fifth Circuit Court of Appeals dismissed a lawsuit challenging Pres. Obama’s 2012 original Deferred Action for Childhood Arrivals (DACA). This ruling is a good sign,…
Exemptions to inadmissibility bars for employment-based adjustment applicants
Foreign professionals wishing to immigrate to the US (as permanent residents) may do so under 3 general classifications: • 1st Preference (EB1) – extraordinary ability foreign professionals; outstanding researchers and…
USCIS warns about immigration scams
The USCIS recently issued warnings to the public about potential immigration scams. This is especially important in connection with President Obama’s November 2014 announcement of executive action, including expanding eligibility…
‘Residing with’ an adopted child for two years
There are US citizens and lawful permanent residents in the US who want to adopt and petition a child from the Philippines. In many cases, they adopt a relative’s child…
New guidance on L-1B specialized knowledge intra-company transferees
Under INA 101(a)(15)(L), an alien who has worked continuously for one year for a firm or subsidiary abroad within the preceding 3 years and who now seeks to temporarily enter…
When making a will you must have the capacity to know what you are doing
QUESTION: My uncle wants to make a Will, but he cannot remember alot of things and some people say he has dementia. Can he still make the Will? Answer: This…
You must still be living with your American spouse to avail of three-year citizenship
Most green card holders may apply for US Citizenship after five years residence in the US. However, if married to an American, there is a special “fast-track” route to citizenship,…
Immigrating as a foreign worker now only takes one year
Foreign professionals wishing to immigrate to the US (as permanent residents) may do so under 3 general classifications: • 1st Preference (EB1) – extraordinary ability foreign professionals; outstanding researchers and…
Provisional waiver of the 3/10 year bar from inside the US
On January 2, 2013, Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time US citizens are separated from…
Are you an athlete?
Q: I AM a body builder and just won a big amateur contest. Can I come and work in the US on some type of visa? A: Yes, there is…
Your property under Chapter 7 Bankruptcy
IN a Chapter 7 Bankruptcy petition, the debtor is required to list down in the bankruptcy petition all his assets in the applicable schedules which are part of the bankruptcy…
Prop 47 and new deportation relief
ON Tuesday November 4, 2014, California Voters approved Proposition 47, which brings sweeping changes to California criminal law and procedure that will affect thousands of immigrants facing deportation due to…
Battered spouse green card available for those subjected to extreme ‘mental cruelty’
The Violence Against Women Act (VAWA) allows an alien spouse of a US citizen or green card holder to self-petition if they have been battered or subjected to extreme cruelty….
Taxes are important for immigration
For many families, tax season is the time of the year when people will have a large sum of money available to spend on things that normally would be out…
Sexual abuse of a minor as an aggravated felony
Under INA 101(a)(43)(A), sexual abuse of a minor is an aggravated felony. A conviction for an offense classified as an aggravated felony would disqualify an alien from most immigration benefits…