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…
THE US Citizenship and Immigration Service (USCIS) provided an early holiday gift this year for immigrants by making two separate important announcements: 1) Immediate relatives of US service members in the US illegally will be allowed to stay, and in some cases, apply for permanent residence; and 2) Filipinos in the US may be eligible…
QUESTION: I have the $1,000,000 to invest in the EBp-5 Visa, but I don’t know exactly what evidence is needed. Can you describe? Answer: There are many requirements needed to show and provide evidence. Question: What about the actual business or the commercial enterprise? Answer: First, you have to show that it is a valid…
Since 1938, US immigration regulations have provided for the automatic revocation of the approved visa petition upon the death of the Petitioner. However, immigration regulations since 2006 provided that automatic revocation provisions does not apply to a spousal immediate relative petition if the deceased petitioner and the alien widower had been married at least two…
On November 15, 2013, the US Citizenship and Immigration Services issued a Policy Memorandum (“PM”) concerning “parole in place” for people who entered the US without inspection and are the spouse, child, and/or parent of those who are on active duty, reservists, or veterans (Armed Forces personnel). In other words, certain relatives of Armed Forces…
Typhoon Yolanda has dominated the world’s news, with shocking images of the devastation and destruction of this horrible typhoon. Even now, people are still homeless, without adequate food, water, shelter, medical supplies or care. Some are forced to sleep next to the bloated bodies of those killed during the typhoon. Newscasters and world leaders have…
ON December 16, 2010, USCIS issued an official Memorandum to implement the provisions of INA §204(l), or the Surviving Relatives Law. The memo amends the USCIS’ Adjudicators’ Field Manual (AFM) to provide consistency in adjudications under the Surviving Relatives Law at USCIS offices throughout the Country. The memo should allow for immediate USCIS’ action on…
We have covered in previous articles the different ways of acquiring U.S. citizenship at birth. Aside from birth, the other means of acquiring U.S. citizenship is through naturalization. Under INA 101(a)(23), naturalization refers to the act of conferring nationality on a person after birth. Naturalization includes: (1) naturalization of an individual adult; (2) collective naturalization…
IN THE aftermath of Typhoon Haiyan, the profound human toll and humanitarian crisis in and around Leyte is only beginning to come into full view. From an immigration perspective, some of those affected have turned to the US for help beyond the herculean relief efforts of the State Department, USAID and Department of Defense, and…
GIVEN the devastation in the Philippines, US Citizenship and Immigration Services (USCIS) released an article on November 15, 2013, to remind Filipino nationals impacted by typhoon Haiyan of possible immigration relief measures. Natural disasters and other extreme conditions can happen which are beyond anyone’s control. These unpredicted events may affect one’s USCIS application, petition or…
“ A person born in the United States with one parent or with both parent(s) no longer Philippine citizen(s) at time of birth is not a Philippine citizen at birth.” UNDER the 14th Amendment to the Constitution of the United States, “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of…
I HAVE been watching and reading news stories about the horrific devastation and destruction of Typhoon Haiyan. As I write this, the death toll is rising and the extent of the destruction mounts. It was one of the strongest Typhoons ever, some people saying it was even stronger, and lasted longer, than Hurricane Sandy or…
We briefly discussed in the last article the current rules for acquiring U.S. citizenship by birth abroad to U.S. citizen (USC) parents. Today, we’ll see some examples that illustrate both current and past acquisition laws. Let’s say A was an American soldier who remained in the Philippines after the end of the Philippine-American War in…
IN strolling through the shopping centers in our Office’s surrounding neighborhood, one cannot help but feel that the immigrant sprit of entrepreneurship is alive and well. Small IT start-ups, mom-and-pop Asian restaurants, franchise American take-out restaurants, hair salons, bookstores, and language and music schools, are owned and operated by immigrants—many of whom are recent arrivals….
QUESTION: I’m in the military and I know somebody who was in the military years ago. Can we become US Citizens? Answer: Members and certain veterans of the US armed forces may be eligible for naturalization through their military service under a couple of different sections of the Immigration and Nationality Act (INA). Additionally, the…
On a weekend trip to Las Vegas, Rosa, a United States citizen, ran into some old friends, and was introduced to a friend of a friend, Domingo, a tourist who just arrived on a B-2 visa. Rosa and Domingo quickly fell for each other and were convinced they were madly in love. After a week…
Dear Atty. Gurfinkel: I was able to receive my green card, but then the priority date on my petition retrogressed (went backwards) before I was able to bring my family from the Philippines. I have now been waiting several years, and the priority date is moving forward so slowly. Is there any other, or faster,…
AS the Federal Government bogged down in its tiresome partisan war over the budget and Debt Ceiling last month, any hope for “immigration reform” was placed on indefinite hold. In California; however, Governor Brown signed legislation to enhance school, workplace and civil protections for California’s hardworking immigrants. “While Washington waffles on immigration, California’s forging ahead,”…
IT IS a common situation specially within the Filipino community in California to listen to paralegal marketing about “Quick” Nevada divorces.?Since there is no divorce in the Philippines,?many Filipinos?come to the US still married to?their spouse in the Philippines.? After settling in the US,?some Filipinos in this situation end up?meeting an American boyfriend or girlfriend…
QUESTION: I have a friend who came into the US and filed a fake asylum application. Is there anything that can happen? Answer: Yes. This would be one of the worse things that your friend could do. In fact, the consequences for filing a frivolous application are extremely severe. If such a ruling is made,…
The November 2013 priority dates indicate that the F-2A priority date 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 for…
“ A spouse or child who has been ‘battered or subject to extreme mental cruelty’ is eligible to ‘self-petition’ and adjust status to that of a lawful permanent resident independent of the abusive spouse or parent through whom such status would have been sought.” THE I-360 Self-Petition provides relief for spouses and children of abusive…
VETERANS who once served on active duty at time of war, need not be in combat, in the United States Army, Marine Corp, Air Force, Navy, or Coast Guard, or in the Merchant Marine during World War II, may be eligible for non-service connected, tax-free aid and attendance pension from the US Department of Veterans…
QUESTION: I have years of experience, but cannot get an H-1B as they are used up. Are there any alternatives to the H-1B? Answer: There is the option of the O-1. I normally do not used this as a first resort, but it most definitely is an option The O nonimmigrant visa is for people…
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…
Even with the passage of immigration reform stalled in Congress, the State of California has been enacting laws benefitting the undocumented population of the State. Notable among these immigration related legislation was a bill allowing illegal immigrants to obtain driver’s licenses. These licenses are expected to be made available no later than January 2015. However,…
If you have ever filed a petition on behalf of a relative (i.e. a brother, sister, adult child, etc.), and then moved to a new home, you must notify the National Visa Center (NVC) of the change of address. If you don’t, how do you expect the NVC to know that you moved, so that…
One may acquire U.S. citizenship either at birth or through naturalization. Birth in the U.S. is the common way of acquiring citizenship. Under INA 101(a)(38), the incorporated territories of Puerto Rico, the U.S. Virgin Islands, Guam, and the Northern Mariana Islands are part of the U.S. for purposes of nationality laws. Birth in these incorporated…
A NON-CITIZEN in the US that has committed a Crime Involving Moral Turpitude (CIMT) may be inadmissible to the US This means the person will likely not be issued a visa to come to the US or might be refused admission to the US at a port of entry. If the person is in the…
ESTATE planning for sophisticated individuals with significant net worth should consider using family business entities, primarily for income, gift, and estate tax planning, and even tax saving through valuation discounts and asset protection. Indeed, under the American Tax-prayer Relief Act of 2013 (ATRA), the 2013 exemption for each of the estate, gift, and generation skipping…
