K-1 Visa: Fiance(e) visa to marry US citizen
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…
Category: Immigration Columnists
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A little knowledge can be dangerous
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 Priority Dates
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…
Why is the date of separation significant in divorce cases?
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…
Immigration reform on the horizon
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…
Permitted activities under a B-1 business visitor visa
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…
Immigration reform on the horizon
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…
USCIS Memorandum: Late filings under CSPA may be excused
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…
Immigrant groups are furious over Obama’s decision to delay ‘executive action’ until after November elections
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…
Self petitions for victims of domestic violence
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…
Reform in the Valley
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…
Is real estate property purchased prior to marriage considered community property in a divorce?
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…
DOL confirms that people can petition relatives for employment-based green cards
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…
Immigration Benefits for Adopted Children
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…
Immigration for nannies, caregivers and custodians
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…
Can I qualify for a green card despite the petitioner’s death?
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…
CIS OMB blasts Calif. Service Center’s Humanitarian Revalidation Unit over processing of requests
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…
Can the president achieve Immigration Reform on his own?
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…
USCIS can use data mining to find out where you really live
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,…
Leaders in immigration law
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…
Authorized activities under a B-2 visitor visa
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,…
Mandamus actions to compel USCIS’ action
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…
Community property transactions between spouses: Heightened duties and the presumption of undue influence
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…
Priority dates continue to surge forward!
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…
Leaders in immigration law
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…
How to make the most of your immigration consultation
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…
Court upholds BIA’s ‘fixed marriage’ finding
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…
Possible H-1B visas for nurses
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…
US residents in PH: How to not abandon US resident status
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…
Does the creation of a revocable living trust, during the marriage, transmute separate property to community property?
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…