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…
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…
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…
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…
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…
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…
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…
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…
The Child Status Protection Act (CSPA) is back in the news. On June 6, 2014, a USCIS policy memorandum was released, expanding the definition for how a CSPA beneficiary could…
After promising more “executive action” by the end of September 2014, President Obama caved in to political pressure, and said he would delay taking any further “executive action” until after…
ONE of the few positive developments Immigration legislation over the past twenty years has been relief for spouses and children of abusive petitioners provided by the Violence Against Women’s Act…
Immigration reform is on the horizon. We can feel it in the air. Change is coming. President Obama may or may not pull through for the thousands of undocumented residents…
Generally in California, property acquired by a spouse prior to marriage is considered under the family code as separate property while those acquired after marriage are considered community assets. What…
Filipinos are well-aware that it takes years and years to bring family members to US through some family-based petitions. A petition by a brother or sister could take up to…
Adopted children may obtain immigration benefits in three different ways. First, under INA 101(b)(1)(E)(i), a US citizen (USC) or lawful permanent resident (LPR) may file an immigrant petition for a…
US Immigration Law provides that certain unskilled workers are able to immigrate to the US based on employment. The “other workers” subcategory is for persons performing unskilled labor requiring less…
Consider this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference…
In its annual report to Congress, the CIS Ombudsman (CIS OMB) issued a critical report on the way the USCIS has been handling and processing requests for humanitarian revalidation. They…
A few weeks ago, President Obama announced that due to Congress’ failure to come to an agreement on immigration reform that he would explore all available options for him to…
Recently, I opened an online account at my pharmacy, so the doctor could already send the prescription(s) via internet. Within seconds of applying, the online application generated several multiple-choice questions,…
ON August 2, 2014, Wilner & O’Reilly, APLC celebrate its 11th anniversary. Eleven years ago, it started with a vision from Richard Wilner & Kelly O’Reilly to start a boutique…
ALIENS who are visiting the US temporarily for pleasure may be issued B-2 visas. Under 22 CFR 41.31(b)(2), the term “pleasure” refers to legitimate activities of a recreational character, such as tourism,…
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…
CALIFORNIA law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good…
The September 2014 Visa Bulletin continues to provide great news for Filipinos petitioned as single children of US citizens (F-1), as the priority date moved forward from June 1, 2004…
ON August 2, 2014, Wilner & O’Reilly, APLC celebrates its 11th anniversary. Eleven years ago, it started with a vision from Richard Wilner & Kelly O’Reilly to start a boutique…
THE 30-45 minutes that a person spends interviewing their potential immigration attorney may turn out to be the most important conversation of their lives. Duringa the consultation, the immigrant must…
While it is true that some people “got away” with fixed marriages, a person is taking a big risk in trying to do so, because, if caught, it results in…
