Category: Immigration Columnists

THE February 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…

IN the coming New Year, we can expect some improvement in overall economic conditions in the US and throughout the World, however, there will continue to be turbulence and volatility as the World struggles to dig its way out of the financial morass that began in 2008.  Most people have adjusted their spending habits and…

“ Temporary Protected Status (TPS) is a designation granted by DHS permitting individuals from a country, or portion of a country, the ability to remain in the US temporarily while significant adverse conditions in their home country, such as natural calamity or armed conflict, would not permit safe return.” ON December 16, the government of the…

We have seen in a previous article the consequence of illegally re-entering the U.S. after having been removed. Illegal re-entry must never be an option. Such drastic action is driven by desperation and lack of information. Removal and its resulting ban on re-entry for certain periods do not necessarily inspire hopes of ever returning to…

QUESTION: I have been deported several years ago and different immigration lawyers tell me that there is nothing that can be done. My kids are growing up without me and my wife can only afford to see me once every two or three months. I am in despair and I have lost hope of ever…

ALTHOUGH nearly two weeks has passed since the Philippines formally requested that that US extend Temporary Protected Status (TPS) to Filipinos residing in the US due to devastation of Typhoon Haiyan, there has been no response from the Whitehouse.  Political leaders and immigration advocates have been urging the Obama Administration to act since Haiyan struck…

Whenever a person applies for an immigration benefit, it is up to that person to prove his or her eligibility.  What many people don’t know or realize is that the standard of proof could be critical in establishing eligibility.  If the wrong standard of proof is applied by the USCIS, then a case that should…

In a previous article, I wrote about the possibility of Filipinos obtaining Temporary Protected Status (TPS) as a result of the devastation caused by Typhoon Yolanda.  TPS is available for people who are already in the US, but conditions in their home country (such as armed conflict, hurricanes, earthquakes, or typhoons), make it difficult for…

(Part 2 of 2) APPLICANTS that have been denied an Immigrant Visa at an embassy or consulate abroad face either a soft refusal or a hard bar to future immigration.  A soft refusal, which comes in the form of a Section 221(g) letter, means that the consular officer either requires further evidence to continue processing…

QUESTION: I have some friends who are applying for different kinds of waivers, but I don’t know if they qualify. I heard that they are supposed to have somebody that will suffer extreme hardship if they will be denied the waiver. Can you explain? Answer: First, you have to understand what is a waiver. There…

THE January 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…

FURTHER developing case law to interpret the meaning of statutory changes brought about by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) the Board of Immigration Appeals (“BIA”) decided a case last week that purports to delineate the meaning of “exceptional and extremely unusual hardship” for cancellation of removal.  The BIA’s decision…

An alien who was removed from the U.S. cannot return within 5 years if he was removed by an immigration officer through expedited removal or within 10 years if removed by order of an Immigration Judge (IJ) after removal proceedings. If this prohibition seems harsh, ignoring it would be worse. Under INA 241(a)(5), if an…

QUESTION: I was just in immigration court and was ordered deported. I had no idea what was happening and was confused. I had no attorney and the immigration judge never informed me if I could get an attorney. What can I do? Answer: In actuality, you have a right to have an attorney at your…

THERE is no worse feeling than being denied a visa after an interview at an embassy or consulate.  While applicants denied nonimmigrant visas (such as a visitor, student or temporary worker) are faced with a setback to their short-term plans, those applying for permanent residency (immigrant) visas are in an even tougher position. Often, immigrant…

As long as a person has driver’s license, his name will be listed on DMV records, and his name could come up for jury selection. Dear Atty. Gurfinkel: I just received a jury summon from the County Courthouse, but I am in illegal status (TNT).  How did they get my name and address?  Do I…

NOTWITHSTANDING blustery weather conditions in the Nation’s capital that have forced the closure of many governmental offices, the US Supreme Court will hear oral argument December 10, 2013 in Mayorkis v. De Osorio, et. al., involving the retention of visa priority dates for most derivative beneficiaries of family-based petitions who have “aged out.” The high…

MANY individuals entering the United States on a visitor’s visa wonder whether they can adjust status on the basis of a petition from an immediate family member (spouse, parent, child).  This is an area of immigration law that is a source of significant confusion, which we will demystify in this article. As many B-1/B-2 visa…

BY News Release on November 15, 2013, the US Citizenship and Immigration Services (USCIS) of the US Department of Homeland Security reminded “Filipino nationals that they may be eligible for certain immigration relief measures if requested.” But the reminder refers only to Filipino nationals impacted by Typhoon Haiyan (named “Yolanda” by Philippine authorities) because “USCIS…

QUESTION: I have been served with a Notice to Appear and been put into Removal Proceedings. What do I do? Answer: The Removal Proceedings begins with issuance of a Notice to Appear and there are very specific requirements that must be included in Notice to Appear. If they are not included, you can try to…

The December 2013 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…

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 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…

Members of Congress and various organizations have requested USCIS to consider designating the Philippines for Temporary Protected Status (TPS) due to the devastation brought about by Typhoon Haiyan on November 8, 2013. At the time this article was written, USCIS was still considering the request but this would be a good time to familiarize ourselves…

IT WAS just under 400 years ago, when in the 1620s, a group of fresh-off-the-boat immigrants celebrated their first harvest in their new homeland.  This group of migrant Pilgrims enjoyed a three-day feast, their group of 53 joined by about 90 Native Americans.  In their home country, the Colonists had become accustomed to “days of…

QUESTION: About 3 years ago, I was deported outside the United States, and I feel it was not done properly and that I was improperly deported. What can I do? Answer: There are several things that may be done, but a Habeas Corpus is available in certain circumstances. Habeas corpus review can be used to…

Temporary Protected Status (TPS) is available for people who are already in the US, but conditions in their home country (such as armed conflict, hurricanes, earthquakes, or typhoons), make it difficult for them to return safely. If a particular country is designated for TPS, then citizens of that country could receive temporary relief from deportation/removal,…

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 played such a key role in helping us achieve them. At this Thanksgiving, I would like to once again give thanks to all of the…