In previous articles, I wrote about the possibility of Filipinos being granted Temporary Protected Status (TPS), as a result of the devastation caused by Typhoon Yolanda. Although the Philippines has not yet been designated for TPS, I would like to update you on developments. By way of background, TPS is available for people who are…
IN November 2013, Typhoon Haiyan tore across the Philippines, resulting in at least 6,000 confirmed deaths and the displacement of at least 4 million people. While the Philippine Government continues to struggle to recover from the mass destruction, the Whitehouse has ignored repeated requests from US Congressmen and the Philippine Government itself to grant Temporary…
ARE you involved in a vehicular accident in which the “at fault” other driver is uninsured, or is unidentified as in a hit-and-run collision, or does not have enough insurance coverage? If so, you have an uninsured or underinsured motorist claim under California tort law based on fault, if you have uninsured motorist (U.M.) coverage…
US RESIDENTS IN THE PHILIPPINES 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…
FOR many people there is no concern more pressing than that of their immigration status. People come to our office every day extremely worried and stressed about any number of immigration concerns and how they can properly take care of such an important matter. Ranging from citizenship, adjustment of status, to more complicated immigration matters…
Lawful Permanent Resident (LPR) status in the U.S. 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…
The March 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.” It is phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would be eligible to file…
“If the alien’s failure to appear was caused by ‘exceptional circumstances,’ the Motion to Reopen must be filed within 180 days of the order. ‘Exceptional circumstances’ is defined as INCLUDING serious illness of the alien or death of a close relative, but not including ‘less compelling’ circumstances.” FOR the better part of the past…
Eligibility for immigration relief sometimes depends on whether an alien was admitted into the US or the lapse of time since admission. Thus, it becomes necessary to determine whether or not an alien was admitted. In some instances, the date of adjustment of status is considered the date of admission. The Board of Immigration Appeals…
One of these great new benefits is the expansion of ‘Parole in Place’ to include the families of United States military veterans. ‘Parole in Place’has traditionally allowed the immediate relatives of active military to be paroled into the United States. WHILE we have had high hopes for change to our immigration system under the…
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
Overview A key element under consideration by Congress as it debates a comprehensive immigration reform bill is whether a “pathway to citizenship” for the estimated 11 million unauthorized immigrants in the US should be included. However, according to recent Homeland Security data, many immigrants that are already in the US lawfully and eligible to Naturalize,…
STARTING April 1, 2014, the US Citizenship and Immigration Service (USCIS) will begin accepting cap-subject filings in the H-1B classification. The April 1, 2014 filings are for employment beginning in the upcoming fiscal year—October 1, 2014. As in recent years, it is expected that the cap will be exhausted within the first week of filing….
GENERALLY, property acquired during the marriage are considered community property. However, property acquired by “gift, bequest, devise, or descent” are the acquiring spouse’s separate property. The issue becomes more complicated when a gift is given under the name of both spouses. In that situation, the community property joint presumption kicks in which presumes an acquisition…
On January 30, 2014, the House GOP released its “Standard for Immigration Reform,” which proposes to allow undocumented immigrants to legally live and work in the US, if they “come forward and get right with the law” and are “willing to admit their culpability.” They must also pass a “rigorous” criminal background check, pay “significant”…
(Part 2) In a previous article, I discussed various forms of immigration relief and benefits that are available now, which you (or your children) could be eligible. Here are some more of the now – existing benefits available, while waiting for CIR: Provisional Waiver (PW) Certain people are not eligible to adjust status in the…
Aliens who engage in certain criminal conduct are inadmissible or ineligible for a visa or admission into the US. INA 212(h) authorizes the waiver of inadmissibility arising from the following: (1) conviction or commission of a crime involving moral turpitude; (2) convictions for 2 or more offenses for which the aggregate sentence was 5 years…
EMPLOYMENT-based immigration to the United States generally entails a three-step process: 1) Labor Certification (under the “PERM” program); 2) Immigrant Visa Petition approval; 3) Green Card issuance (or Consular Processing, if abroad). As many of our readers know, PERM labor certification consists of a serious of recruitment activities to test the job market. If no…
(Part 1) All of us are hopeful that, in the upcoming year, Congress will pass some form of comprehensive immigration reform (CIR) that could eventually lead to legalization and citizenship for the millions of undocumented people in the US. However, I must emphasize that, at the present time, there is no immigration reform, so there…
THE US House of Representatives has ignored a call to pass immigration reform over the past two years, opting instead to politicize the issue. As a result, the Boehner-led House has done absolutely NOTHING, even as the Senate passed its Comprehensive Reform Bill, S. 744, last year. In the meantime, the Obama Administration has taken…
DUE to the extended damage caused by Typhoon Haiyan (“Yolanda”), USCIS has extended certain immigration relief available to Filipino nationals. On January 14, 2014, USCIS reminds that it will continue to accommodate requests such as: -Change or extension of nonimmigrant status for individuals currently in the United States, even when the request is filed after…
ON December 17, 2013, the Hon. Mark C. Kim, Presiding Judge of Department 20 of the Long Beach Superior Court, ordered that the felony conviction of a Filipino client of the Author under Penal Code Section 475 for forgery on July 28, 1998, be reduced to a misdemeanor, under Penal Code Section 17(b)(3). The Author…
THE most important advice I can give to a person seeking legal advice is that the first opinion they obtain is not necessarily the best opinion. Often, as an attorney I am obligated to explain to a potential client that they are facing bad news. This is not something I enjoy, but the client’s right…
DID you know that “failing to maintain status” is not the same thing as being “out of status” and that the government can still try to Deport (Remove) you, even if you are in a “Period of Stay Authorized by the Attorney General”? Why is it that some people that overstay their I-94 for years…
The purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose…
If you are being petitioned by an American spouse, and are in the US but desperately want to go home to visit your family, or if you are a US citizen petitioning a spouse who is in the Philippines, USCIS is now “proactively” or actively going through their Filipino cases in order to expedite immediate…
Nonimmigrant visas allow aliens to stay in the U.S. for temporary periods to pursue activities authorized under various visa categories. The purpose of these visas may be for tourism, studies, business, employment, family-related, transit, or humanitarian benefits. The U nonimmigrant visa is issued for the humanitarian purpose of protecting victims of certain crimes. Congress created…
QUESTION: I have some money to invest in a new business to come to the United States, but I don’t know which visa to use. I have heard there is the EB-5 and the E-2. Can you let me know what is the difference and which one I should use? Answer: First of all, you…
WITH the US House of Representatives showing zero initiative towards overhauling the Nation’s immigrations laws, it appears that H-1B visas for FY 2015 will run out on April 1, 2014, six months before the fiscal year even begins. Last year, the annual H-1B quota (“H-1B Cap”) was reached within the first week of the filing…
INDIVIDUALS seeking entry into the United States despite being subject to grounds of inadmissibility can consider a pardon, or “waiver” under Section 212(d)(3) of the Immigration and Nationality Act (INA). Section 212(d)(3) applies to individuals seeking entry for a temporary purpose–such as B-1/B-2 visitors, F or J students, H-1B or L-1 workers, or E-2 investors that…
