Category: Immigration Columnists

DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my wife and children. I know it will take a few years until the priority date on their petition becomes “current,” enabling them to be processed for their immigrant visas. Would there be a problem if I move back to the Philippines to live,…

The country’s economy may be rebounding but a lot of people are still feeling the effects of the last economic downturn.  Many who have not been able to recover from the last recession are having difficulty paying their debts.  Creditors have referred these defaulting debtors to collection agencies.  Some of these collection agencies have become…

WHAT crimes involve moral turpitude is not an easy question to answer. Some attempts to answer this question have resulted in conflicting interpretations. In Hernandez-Gonzalez v. Holder, No. 11-70359, slip op. (9th Cir. February 13, 2015), the issue before the Ninth Circuit Court of Appeals was whether it was a crime involving moral turpitude (CIMT)…

LAST week, a Texas federal district court Judge Andrew S. Hanen caused much uproar in the world of immigration by issuing an injunction halting the implementation of President Obama’s executive initiatives on prosecutorial discretion.  The two notable initiatives affected by the injunction were the expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for…

ON February 24, 2015, US Citizenship and Immigration Services (“USCIS”) announced that on May 26, 2015 it will accept applications to grant employment eligibility to certain H–4 spouses married to H–1B workers. Although this new rule was announced by the Obama Administration several months ago, the USCIS waited to implement the new rule until after…

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 eligibility for employment authorization to certain H-4 dependent spouses of H-1B non-immigrants who are seeking employment-based lawful permanent resident status. This move fits squarely within the immigration…

Judge Andrew S. Hanen of the federal district court in Brownsville, Texas, issued an injunction preventing the new expanded Deferred Action for Childhood Arrivals (DACA) and  Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs from moving forward.  Thousands of “DREAMers” planned for the start of the expanded DACA program to begin…

On February 24, 2015,  US Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that starting May 26, 2015, spouses of certain H–1B workers may apply for employment authorization and be able to work in the US (Under current regulations, H-4 spouses are not allowed to work.). In its press release, USCIS noted that, “Allowing…

BY now most people already know that President Obama unveiled numerous executive proposals, which will provide deportation relief to many hardworking immigrants, documented and undocumented.  The proposals are also aimed at securing our borders and ensuring that dangerous criminals are a top priority in deportation.  We expect that approximately 5 million illegal immigrants will benefit…

Obama to seek immediate stay of order ON Monday, February 16, 2015, US District Judge Andrew S. Hanen in Brownsville, TX, granted a temporary injunction temporarily halting Obama’s executive action expansions that were set to go into effect on February 18, 2015.  Hanen, a George W.  Bush appointee, had been handpicked by 26 “Red State”…

Judge Andrew S. Hanen of the federal district court in Brownsville, Texas, issued an injunction preventing the new expanded Deferred Action for Childhood Arrivals (DACA) and  Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) programs from moving forward.  Thousands of “DREAMers” planned for the start of the expanded DACA program to begin…

On February 16, 2015,  a Texas federal judge issued a temporary injunction against the implementation of President Obama’s Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA),  and the expansion of the Deferred Action for Childhood Arrivals (DACA).  The injunction “enjoins the United States of America, its departments, agencies, officers, agents and employees…

For the past several months, people have been frustrated with the delays and backlogs at the National Visa Center (NVC) concerning the processing of their (or their family member’s) immigrant visas. Some people are receiving NVC’s “60 day letter,” in which the NVC advises it has received “an increased number of approved petitions from the…

LAST month President Obama announced several executive actions which will provide deportation relief to many families, documented and undocumented.  The executive action will aim at securing our borders, making convicted and dangerous criminal offenders a priority for removal.  Under the new actions, hardworking and law abiding residents will be granted several benefits that will assist…

IT’S after 6pm, a dark evening in Los Angeles. The only street parking available on a curb is marked red. You park there. After two hours, you return to your car and you see a parking violation ticket. The fine for parking on a red zone is violation of Section 80.56E of the Municipal Code…

THE USCIS has recently announced that it will start accepting applications for the expanded Deferred Action for Childhood Arrivals (DACA) on February 18, 2015 (and not a day earlier). Based on the 11/20/2014 USCIS Memorandum from USCIS Director Leon Rodriquez, the DACA program which was initially implemented in 2012 is expanded as follows: • Remove…

REVERSING what has been over 5 years of illogical jurisprudence Immigration Judges (“IJs”) and the Board of Immigration Appeals (“BIA”), the US Supreme Court recently rejected the BIA’s decisions in Matter of Blake, 23 I&N Dec. 722 (BIA 2005), and Matter of Brieva, 23 I&N Dec. 766 (BIA 2005) which had held that §212(c) relief…

THE March 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 June 1, 2014. Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the…

DACA Expansion: Revised Eligibility Requirements. Beginning February 18, 2015, the United States Immigration and Citizenship Services (USCIS) will begin accepting requests for expanded DACA. Many young individuals have already taken advantage of the Deferred Action for Childhood Arrivals (DACA) program which was introduced in 2012. While this does not provide a pathway to getting lawful…

An immigrant parent can never have a married child under petition. If the beneficiary gets married before he or she gets a green card (or before the petitioner naturalizes), the petition is automatically void upon the marriage, even if the child was ‘single’ when the petition was filed. Change in a person’s marital status could…

THE USCIS has announced that it will begin accepting applications for Deferred Action for Childhood Arrivals (DACA) under the expanded guidelines the President announced last November, on February 18, 2015.  Under “DACA II,” a person who arrived in the US while under the age of 16 on or before January 1, 2010 may apply for…

Dear Atty. Gurfinkel: I am out of status, but in 2006, my employer sponsored me for a green card through labor certification or PERM. The Department of Labor certified my application, and the USCIS approved my employer’s I-140 petition. However, my attorney keeps telling me I still need to “wait” for some kind of change…

I. AB60: Driver’s License. Undocumented Immigrants are now eligible to apply for a Driver’s License in California. On January 1, 2015, a new law called AB60 became effective in the State of California which allows undocumented immigrants – those people who are” unable to submit satisfactory proof of legal presence in the United States” –…

BY now most people already know that President Obama unveiled numerous executive proposals, which will provide deportation relief to many hardworking immigrants, documented and undocumented.  The proposals are also aimed at securing our borders and ensuring that dangerous criminals are a top priority in deportation.  We expect that approximately 5 million illegal immigrants will benefit…

AN inadmissible alien cannot receive a visa and he cannot be admitted into the US. An alien may be inadmissible due to certain conduct, conditions, criminal convictions or events. Nevertheless, an inadmissible alien may receive a visa or be admitted into the US if the alien is granted a waiver of inadmissibility. Not all grounds…

It seems like immigration law is in the news every day recently, and we wanted to take an opportunity to keep you up to date on recent developments. In November, President Obama announced that he planned to take executive action to help millions of undocumented people living in the United States to obtain work permits…

Dear Atty. Gurfinkel: I have been out of status in the US for many years. During that time, I have missed many joyous and tragic occasions in the Philippines, such as graduations and weddings of my children, funerals, (my father died in the Philippines and I could not go back for the funeral) anniversaries, birthdays,…