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…
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 have “sought to acquire” immigration status. Potentially, the policy memorandum will benefit adult children who were at one time available for protection under CSPA, but…
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 the November 2014 midterm elections. Latino and other immigrant groups are furious. They feel betrayed that their votes and support are being taken for granted….
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 (VAWA). For many years, the spouse in an abusive relationship with a lawful permanent resident or citizen of the United States was left helpless in…
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 in California. However, even if he does not fulfill his promise to provide a path to citizenship for those here without lawful status, immigration reform…
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 ever happens when one spouse purchases real property before marriage but retains it during marriage and uses community funds to pay the mortgage? The community…
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 25 years! What many don’t realize is that a family member may be petitioned for an employment- based green card through labor certification or PERM….
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 child, who was adopted while under the age of sixteen years if the child had been in the legal custody of and had resided with…
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 than 2 years training or experience, not of a temporary or seasonal nature. In order to be petitioned in this category, a labor certification and…
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 category, you have to wait many years for your priority date to be current. As the years go by, your petitioning parent dies which in…
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 have also singled out the California Service Center’s Humanitarian Revalidation Unit for “special mention.” (Created in 2002 by Congress, the Office of the Citizenship and…
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 take action alone. This would come under the President’s executive power which allows him to make executive orders and bypass the need have the approval…
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, which served to “verify my identity.” Among the questions were: • Which of the following streets have you never lived or used as your address?…
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 firm that specializes in immigration and nationality law. From a small executive suite in Cerritos to four offices in California and Utah, our growth is…
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, amusement, visits with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or service nature. A common purpose of B-2 visitors is…
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 agency authorized to adjudicate requests for immigration benefits. The USCIS cannot, however, force…
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 faith” standards to heightened “confidential duty” and “fiduciary duty’ standards. Under current law, the duties owed between spouses in transactions between themselves are the same…
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 to August 1, 2004. Workers petitioned in the third preference (professional/skilled worker) and other (unskilled) worker categories, also had a tremendous leap, in that the…
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 firm that specializes in immigration and nationality law. From a small executive suite in Cerritos to four offices in California and Utah, our growth is…
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 evaluate the attorney’s Expertise, Personality, and Responsiveness. If the consultation is properly utilized, the time spent will leave the immigrant with a strong understanding of…
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 a lifetime ban. Some people believe they are FAMAS-awardee actors or actresses when it comes to being interviewed by the USCIS for a fixed marriage….
ON July 11, 2014, USCIS issued a policy memorandum on the adjudication of H-1B petitions for nursing occupations. Most registered nurse positions do not qualify for H-1B classification but the memorandum recognizes that, due to changes in the nursing industry, some nurse positions may now qualify for H-1B classification. Under INA 101(a)(15)(H)(i)(b), an H-1B nonimmigrant…
Lawful Permanent Resident (LPR) status in the US is a privilege, and the status can be abandoned, even involuntarily. Abandonment of permanent residence (also known as the “green card”) occurs when the resident fails to maintain the status by not residing in the US. Many Lawful Permanent Residents returning to the US each month are…
Divorcing couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The issue is what is the characterization of those property when the couple gets the divorce. Transmutation is the changing of the characterization of a property…
According to news reports, President Obama is considering executive action to let millions of undocumented immigrants obtain work permits and allow them to stay in the US “legally,” without threat or fear of removal/deportation. The announcement of a large-scale action will most likely take place in September 2014. Since the GOP-controlled Congress failed to pass…
LAWFUL Permanent Resident (LPR) status in the US is a privilege, and the status can be abandoned, even involuntarily. Abandonment of permanent residence (also known as the “green card”) occurs when the resident fails to maintain the status by not residing in the US. Many Lawful Permanent Residents returning to the US each month are…
AS the US Congress continues to mire itself in a tiresome partisan war over every issue that crosses its path, States have begun to answer the call and do the right thing for their own citizens. In California, for example, Governor Brown signed legislation late last year to enhance school, workplace and civil protections for…
Dear Atty. Gurfinkel: Years ago, I was petitioned by my US citizen father. The priority date is current, but our family has not received any papers in connection with processing my visa. During the many years I was waiting for the visa, my father and I moved, and we are no longer living at the…
Family based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I – 864) in order for the beneficiary to adjust status or obtain an immigrant visa. The petitioner must be domiciled (or living) in the US to…
LAST week, Secretary of the Department of Homeland Security (DHS) Jeh Johnson announced that the USCIS is ready for the first round of applications for extensions of deferred action and work authorization under the Deferred Action for Childhood Arrivals (DACA) program. Effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept…
