The December 2014 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 Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories….
Beneficiary spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a 2 year conditional green card. In order for these immigrants to obtain their permanent green card, the immigrant has to either file a joint petition…
MORE than a year ago, I discussed in an article the immigration consequences of using a false social security number. In Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000), the Ninth Circuit Court of Appeals held that convictions under 18 USC 1546(b), for false attestation on an employment verification form, and 42 USC 408(a)(7)(B),…
The US midterm elections took place on Tuesday, November 4 and no doubt you have heard a lot about what the results mean for this country. Immigration reform was a constant issue throughout many campaigns, and some candidates even ran on an anti-immigration reform platform. The issue of comprehensive immigration reform has been before Congress…
Immigration attorneys can handle immigration cases anywhere throughout the US. This is because immigration law is federal law, as opposed to state law. Therefore, even if an attorney’s office is in California, and the client is in Florida, the attorney can still represent that person. Everyone is familiar with Starbucks coffee houses, which are located…
ON October7, 2014, at Avenal State Prison, a panel of Commissioners of the CA Board of Parole Hearings granted parole to a Filipino lifer, who has been an inmate in the California Department of Corrections since April 24 1992. The panel was composed of Presiding Commissioner Marisela Montes and Deputy Commissioner Pat Cassidy. The Board…
THE US Supreme Court struck down the Defense of Marriage Act’s (DOMA) limitation of the definition of “marriage” as a union between male and female spouses in Windsor v. US last year. Since then, all Federal agencies administering immigration benefits are required to recognize same-sex unions as legal marriages for US immigration purposes. On July…
Child Support Services Department (CSSD) are often sought by the custodial parent to obtain and or enforce child support order against the non-custodial parent. If the non-custodial parent has not been paying the child support order or has not sought modification of the child support order, then the child support accumulates as arrears and compounds…
Dear Atty. Gurfinkel: I was petitioned by an employer for an H-1B visa, which was issued in Manila, and I arrived in the US in September 2012. Although my H-1B visa is valid until August 2015, the immigration officer at the airport issued my I-94 (arrival/departure record), giving me only until November 2014. If the…
The holiday season is almost upon us. This is a wonderful time of the year that provides us a great opportunity to reflect on everything we have and to spend time with friends and family. Those who we care about most are obviously those who should be with us during such an important time of…
On January 1, 2015, the California Department of Motor Vehicles (DMV) will begin issuing driver licenses to undocumented California residents under Assembly Bill 60 (AB 60). Under the previous law, in order for a person to obtain a California driver license, he or she had to prove his or her identity and that they were…
A conviction for an offense classified as an aggravated felony would disqualify an alien from most immigration benefits or relief. Due to these immigration consequences, anyone who’s facing a criminal complaint and who must weigh the merits of a plea bargain offer should be familiar with aggravated felonies, especially the more common ones in order…
ON October 7, 2014, at Avenal State Prison, a panel of Commissioners of the CA Board of Parole Hearings granted parole to a Filipino lifer, who has been an inmate in the California Department of Corrections since April 24, 1992. The panel was composed of Presiding Commissioner Marisela Montes and Deputy Commissioner Pat Cassidy. The…
THE USCIS Service Centers have recently received guidance and new instructions for their adjudicators relating to the timing of creating new jobs and explaining the meaning of “full-time” for positions created through the “EB-5” investor program investment. In apparent response to some unwarranted shifts in adjudicatory processes and the Service Center’s imposition of more stringent…
WHEN the marital relationship sours to the point where one or both spouses believe that the marriage cannot be salvaged, three remedies are available to terminate or alter the marital status: dissolution, nullity, and legal separation. Under Family Code Sec. 2300, dissolution of marriage can be attained and the “single” status of spouses restored by…
The November 2014 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 Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories….
MOST people who follow immigration law are familiar with adjustment of status, which is the process that allows an alien who was inspected and admitted or paroled into the US to apply for lawful permanent residence (LPR) while in the US. Adjustment applications are often filed under INA 245(a) which requires that an alien be…
THE debate over the United States economy and dearth of high-tech workers has spotlighted the H-1B professional working visa in the press. Nonetheless, Congress has been slow to respond in the face of economic problems throughout the World and the FY 2014 H-1B quota is sure to be reached within just a couple of weeks…
AS the weather cools, we are reminded that the summer is over. Autumn is here, which means the Holiday season is right around the corner. Many of us are already making plans for this upcoming Holiday season. We are planning our vacation days, our reunions and gatherings with our families and look forward to the…
Many people were ordered removed/deported “in absentia” (in their absence) because they did not appear at their removal hearing. However, if they were not properly notified of the hearing date, there could be hope to have the case reopened and have the removal/deportation order canceled. By law, an alien must provide the government with their…
THE US Court of Appeals for the 9th Circuit granted a joint motion to dismiss a case in which it had previously ruled that a person who entered the US through the use of a fraudulent document had not been “admitted” to the US, such that the person was not eligible to seek adjustment of…
Dear Atty. Gurfinkel: I am out of status, but my employer filed a labor certification for me in 2010. The Department of Labor has already certified my labor certification, and the USCIS has approved my employer’s I-140 petition. The priority date on my case is now current, and I want to file for adjustment of…
THE Board of Immigration Appeals (BIA) recently discussed the immigration implications of certain gang-related offenses. In Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014), the respondent was charged with committing vandalism that caused over $400 in damages in violation of California Penal Code (PC) section 594(a) with a gang enhancement allegation pursuant to PC…
ALTHOUGH the volume of newly-filed applications for benefits is down at the USCIS, the processing times for some applications pending at the US Citizenship & Immigration Services (“USCIS”) are longer than ever before. The USCIS holds a monopoly over all immigrants applying for green cards, citizenship and other applications, since the USCIS is the only…
In previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and continued with the various steps to ultimately gain permanent residence. In many cases, however, a problem exists in even getting to the point at which…
Despite having only limited knowledge or understanding of immigration laws, some people attempt to strategize and handle their immigration case on their own. They follow the advice of friends or relatives or listen to gossip or rumors they hear on the streets or at parties. Partial or incomplete information about immigration law and benefits can…
The October 2014 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 Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories….
The date of separation is one of the most litigated issues in a divorce case. Its determination can have a significant economic consequence in the outcome of the case. The reason being, a spouse’s “earnings and accumulations” after separation are his or her separate property. A spouse’s “earnings and accumulations” while living separate and apart…
AT Wilner & O’Reilly, we have come across many heart-warming success stories that give strength to the need for Immigration Reform. Since 2012, there have been some extensive changes in US immigration laws. Many have benefitted, but more needs to be done. Lately, President Obama has toured the country proclaiming that he will exercise executive…
ALIENS who wish to visit the US temporarily for business may be issued B-1 business visitor visas. Under 22 CFR 41.31(b)(1), the term “business” refers to conventions, conferences, consultations and other legitimate activities of a commercial or professional nature but it does not include local employment or labor for hire. The problem with B-1 visas is…
