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…
Thanksgiving is when people take a step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who…
The November elections have come and gone. The Republican Party has regained control of Congress. A passage of immigration reform seems more contentious than ever. Many immigrant advocate groups continue…
In most cases, in order for a person to adjust status (obtain a green card) in the US, the person must prove he or she was “inspected and admitted” by…
IT IS estimated there are over 11 million undocumented immigrants in the US. Many hard-lined Republicans believe the solution to our immigration problem is to deport everyone in the US…
SINCE the enactment of Section 204(l) in 2009, USCIS has issued official guidance to implement the provisions of the “Surviving Relatives Law.” USCIS has amended the USCIS’ Adjudicators’ Field Manual…
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…
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…
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 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…
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…
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 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…
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…
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…
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…
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,…
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…
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…
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…
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…
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…
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…
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…
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…
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,…
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…
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 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…
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…
