Did your marital status change, while under petition?
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…
Category: Immigration Columnists
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Waiver of joint petition to remove conditional permanent residency on a marriage entered less than two years
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of…
DACA II may be filed starting February 18, 2015
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. …
Nothing is happening with my labor certification case; should I try DAPA instead?
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…
Driver’s license and other programs for undocumented immigrants in 2015
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…
New DACA guidelines to be implemented February 20, 2015
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…
Effects of a grant of waiver
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,…
What’s the latest in Immigration Law?
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,…
Can I travel back to the Philippines if I’m granted DAPA?
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…
Absence and abandonment of US residence
Roberto and Rosalie immigrated to the United States in May 2013 through the petition of their only son Carlos, who is in the military, and who lives in North Carolina….
Obama executive action: Provisional waiver
AMONG the series of executive actions on immigration which President Obama announced last 11/20/14 is the expansion of the use of provisional waivers of unlawful presence to include the spouses…
With DAPA, you don’t have to wait until your child is 21 years old
Over the course of my practice, I have had people come to me for consultation on their immigration situation. They may have been out of status, were not “grandfathered” under…
Mitch McConnell acknowledges that Congress cannot stop executive action
ALTHOUGH the Republican-dominated House of Representatives has passed a bill to reverse President Obama’s recently announced Executive Actions on immigration policy, it appears that the bill is already dead in…
The February 2015 Priority Dates
The February 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…
Update on work permits for Dapa applicants
On November 20, 2014, President Obama announced that its administration will stop deporting certain undocumented parents of US citizens and parents of legal permanent residents. These individuals will also be…
The Deferred Action for Parental Accountability (DAPA)
Among the executive actions on immigration announced by President Obama last 11/20/2014 is the Deferred Action for Parental Accountability or DAPA. DAPA is a form of a prosecutorial discretion program…
Executive action expands immigration benefits
On November 20, 2014, President Obama announced a series of executive actions that would benefit certain classes of aliens. In the coming months, USCIS will come up with guidance in…
President Obama answers questions on executive action
On December 9, 2014, President Obama attended a Town Hall meeting in Nashville Tennessee, where he answered questions from those in attendance and further explained the benefits of his recent…
Starting the new year fresh with a divorce
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room…
Will a new Republican Congress block Obama’s Executive Action?
After Pres. Obama announced Executive Action (EA) on November 20, 2014, many people asked whether a new Republican Congress can or will attempt to block those measures, especially Deferred Action…
Automatic temporary restraining orders that are in effect upon commencement of divorce
It is typical, if not natural, for Parties to a divorce case to start hiding assets and income from each other as soon as divorce is anticipated. Spouse’s are thinking…
A wonderful Christmas gift for your family
An important part of Christmas is buying gifts for loved ones. Filipinos are busy filling their balikbayan boxes with pasalubong, to send to their families “back home.” The pasalubong may…
Getting around the residency requirement in a divorce case
Under Family Code Section 2320, a judgment of marriage dissolution (divorce) may not be entered unless one of the spouses has been a “resident” of California for six months and…
Immigration: New year, new hope
On November 20, 2014, President Obama unveiled a number of executive proposals, which will provide deportation relief to many hardworking immigrants, documented and undocumented. The proposals are also aimed at…
The January 2015 Priority Dates
The January 2015 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. Each month, the Visa…
Buyer beware: Reform and immigration predators
ON November 20, 2014, President Obama announced a series of executive actions which will greatly benefit many individuals residing in the United States without proper documentation. The main premise of…
Obama’s Executive Action
AFTER months of speculation as to what President Obama’s Executive Action would bring for immigration reform, President Obama delivered a speech last night announcing executive action that provides immigration relief…
Removal of conditions on residence and waiver of joint filing
Under INA 216(a)(1), an alien who: (1) applies for lawful permanent residence (LPR) based on marriage to a US citizen (USC) or LPR spouse; and (2) such marriage was entered…
How to obtain custody and visitation rights for unmarried dads
ESTABLISHING parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the…
Work authorization and relief from deportation for parents of US citizens and green card holder children
On November 20, 2014, President Obama announced Executive Action (EA) concerning immigration. While there are many aspects or changes brought about by his announcement, one of those changes is the…