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 violation of law is deportable. If one knowingly drives an undocumented alien across the border, that would clearly constitute assisting in alien smuggling. But what if…
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 (move backwards) over seven years, from October 1, 2014 all the way back to July 1, 2007. This means that starting May 1, 2015, people…
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 Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), the Department of Homeland Security (DHS) and the Office of the…
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 is rarely practical or feasible and, in some cases, may be inequitable. The court may award a community asset exclusively to one party ‘on such…
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 of sentence with 6 days credit, 45 days of community service, payment of restitution, plus fines and assessments. She pled “no contest” to violation of…
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 come into my office with something like the following: “My wife has been put in the hospital for mental problems and now I want a…
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, because the very same Fifth Circuit Court of Appeals is set to hear an appeal of another lawsuit next week, which challenges the expanded DACA…
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 professors; and multinational executives and managers known as “priority workers” • 2nd Preference (EB2) – foreign professionals with advanced degrees and professionals of exceptional ability…
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 for Deferred Action for Childhood Arrivals (DACA) and the creation of a new Deferred Action for Parental Accountability (DAPA). Among the warnings are: On February…
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 (such as an out of wedlock child of a niece, a grandchild, or a brother got his girlfriend pregnant, and the brother lets the couple…
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 the US to work for the same firm or subsidiary, may qualify for L-1 nonimmigrant status. There are two types of L-1 intra-company transferees. Corporate…
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 is a testamentary capacity issue. If he does not have the capacity, then the Will could very well not be valid. Question: How do you…
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, where the green card holder or lawful permanent resident (LPR) may file for naturalization three years after obtaining his or her green card, instead of…
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 professors; and multinational executives and managers known as “priority workers”; • 2nd Preference (EB2) – foreign professionals with advanced degrees and professionals of exceptional ability…
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 their immediate relatives (spouse, children and parents), who are in the process of obtaining visas to become lawful permanent residents of the United States commonly…
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 what is known as the P Visa. The P-1A is for a Person who performs as an athlete, individually or as part of a group…
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 petition. These assets are classified as real or personal property. The debtor is also required to list down all secured assets. From all the assets…
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 pending and prior criminal cases. The “Safe Neighborhood and Schools Act,” known as “Prop 47,” reduces certain felony and “wobbler” offenses for simple drug possession…
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. The purpose of this law is to prevent the citizen or green card holder petitioner from holding the person “hostage,” either through physical or mental…
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 of financial reach. Many families look forward to the extra cash to purchase new items for their home, take vacations, etc. Some will use the…
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 or relief. A common problem is how to determine whether a state conviction constitutes an aggravated felony within the meaning of INA 101(a)(43)(A). Recently, in…
CONSIDER the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file separate tax returns. What are the tax consequences of the non custodial parents with regards to claiming the children in his or her return? A…
IF YOU own anything, it would be in your interest to get an Estate Planning Law Firm. Most of the time, many people either think they don’t need an Estate Planning Law Firm, or in the alternative, believe that nothing will happen to them and they would be wasting their money to get an Estate…
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.” There is a big difference between the two concepts. With a voided marriage, it restores the couple to status of unmarried person as if they…
The April 2015 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. In fact, the priority date for workers has moved forward to October 1, 2014. Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the…
On November 20, 2014, Department of Homeland Security (DHS) Secretary Jeh Johnson announced a new guidance on prosecutorial discretion entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants (“Johnson Memo”) which became effective on January 5, 2015. The Johnson Memo instructs that “in the immigration context, prosecutorial discretion should apply not only to…
AS you may be aware, Judge Andrew Hanen, a federal judge in Texas, issued a preliminary injunction blocking the implementation of the planned expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DACA) last month. The USCIS was supposed to accept applications last February 18, 2015 for the expanded DACA and…
QUESTION: What is going on with DAPA and the Executive Action? Answer: As you might have heard, a Texas Judge issued a temporary injunction on President Obama’s Executive Actions on November 20, 2014. Late Monday night, February 16, Judge Andrew Hanen issued a temporary injunction against the implementation of the Obama Administration’s executive actions on…
Just like tax professionals across the country, here at Wilner & O’Reilly we’re getting ready for one of the busiest times of the year – this coming April. The H-1B visa cap will open on April 1, offering 85,000 individuals the chance to work legally in the United States and to pursue permanent residence. We’ve…
WHEN an Immigration Judge (IJ) issues a removal order, the order becomes final when the affected alien does not file an appeal with the Board of Immigration Appeals (BIA). If the alien files an appeal or petition for review, the order becomes final when the appeal or petition is denied. Sometimes, a final removal order…
