QUESTION: It seems years ago I supposedly received a notice to go to court, but never went because I never really received the notice. What can I do? Answer: An in absentia order may be rescinded by the immigration judge upon the filing of a motion to reopen if the respondent did not receive proper…
There seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s…
Dear Atty. Gurfinkel: I divorced my first spouse in California, and then married an American citizen, who petitioned me for a green card, along with my child from my first marriage, as his “stepchild.” Although we are truly in love and everything went fine at our interview, I received a denial because the USCIS states…
OVER the past several years, the USICE and related law enforcement agencies have embarked on an aggressive campaign to apprehend and remove from the United States thousands of aliens against whom “final orders” of deportation or removal have been entered. Most of these individuals actually appeared in Immigration Court and were informed of the order…
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,…
The government shutdown which began on October 1, 20013 and continues on without an end in sight has worried many with immigration concerns. We have received numerous inquiries from clients anxious about the effect of the government shutdown on their pending or soon to be filed immigration cases/applications/petitions. USCIS. Since the USCIS is a fee-based…
Some people, desperate for a better future in America, rely on the help of unscrupulous immigration consultants, who promise to “solve” the person’s immigration problem, secure them a work authorization, get them a green card, or the like. These people pay their hard earned money, but may not even know or understand what the consultant…
WHILE the Federal Government wallows in its tiresome partisan war over the Budget and prepares to continue the act with the Debt Ceiling later this week, little movement can be expected on Immigration Reform. California, however, has other ideas. This month, Governor Brown signed legislation to enhance school, workplace and civil protections for California’s hardworking…
In previous articles, we have discussed the requirements and implications of grandfathering under INA 245(i). We have also focused on the question of when a petition or application is approvable when filed, which is an important element of grandfathering. In this last article on the series, we’ll examine how specific grounds of inadmissibility limit adjustment…
A NONCITIZEN 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…
A JUDGMENT creditor in California obtains a final money judgment from a California court (state or federal) against a Philippine company or Philippine resident, and seeks recognition and enforcement of the foreign judgment in the Philippine court. A petition to recognize and enforce the California (state or federal) court’s judgment is filed with the Philippine…
If you obtained a green card through a fake job, you may already want to consider seeking the advice and guidance of a reputable attorney, to see if there is either a way to repair the damage, or to already consider your options and defenses if you should ever receive the same type of notice…
FOR the first time since the Clinton Administration, the Federal Government began a partial shutdown on October 1, 2013, with the Senate and House of Representatives unable to reach an agreement on the budget before the commencement of the new fiscal year. The abrupt shutdown has placed perhaps one million Federal workers on unpaid…
DUE to the significantly shorter processing times than other categories, the EB-2 classification is highly sought after by talented immigrants. In comparison to the EB-3 immigrant category, which currently takes about seven years for Filipinos, the EB-2 category is now current for processing and the Green Card can typically be obtained in about one year…
QUESTION: I’m an Australian Citizen. Are there any special visas from Australia that I might be able to qualify for as an Australian Citizen? Answer: Yes. The E-3 nonimmigrant classification is for Australian citizens who will perform professional “specialty occupation” assignments in the United States. E-3 status may be valid for up to two years…
An action for dissolution of marriage often involves the division of community property. Typically, this involves property that is in the control and possession of either spouse. However, community property is often in the control of a third party not involved in the divorce proceeding. This scenario commonly occurs when one of the spouses has…
Dear Atty. Gurfinkel: My family and I came to the US before 2007, to make a better life and future for our children, who then were still under 16 years of age. We overstayed and are now out of status. I’ve read about Deferred Action for Childhood Arrivals (DACA), which may allow my kids to…
“ Most attorneys practicing Immigration Law offer “free initial consultations,” or charge a nominal fee for such service to prospective clients. People taking advantage of “free” consultations; however, often walk away with a “new case” but no idea as to what the attorney has agreed to do for them or how.” LIKE taking care of…
We previously discussed adjustment of status and grandfathering under INA 245(i). Under INA 245(i), an alien, (a) who is physically present in the U.S. and (b) who entered without inspection, who is in unlawful immigration status, who fails to maintain status or who has accepted unauthorized employment, may adjust status if: (1) the alien is…
IF the Department of Homeland Security has initiated Removal Proceedings against you, an Immigration Judge will preside over your case in Immigration Court and a government attorney will seek your removal from the US The series of immigration hearings, collectively known as “immigration proceedings” can take several years and can include four or more court…
You could always apply for a change of status when you get to the US. For example if you come to the United States on H-4 status, you could always apply for an H-1B yourself or a myriad of other types of status where you are no longer the derivative beneficiary, but the primary applicant….
The family court’s could grant initial restraining orders, protecting victims of domestic violence, for a period of up to 5 years under family code §6345(a). This includes personal conduct orders, stay-away orders, and residence exclusion orders. What happens if your initial restraining order is about to expire and you continue to have concerns that your…
Dear Attorney Gurfinkel: I am a US citizen, and want to petition my husband, who is TNT. He came to the US from Canada, without any visa. He was sitting in the back seat of his cousin’s car, and when they came to the border, the immigration officer asked the cousin a few questions, and…
ON September 13, 2013, California state lawmakers passed a bill to allow undocumented immigrants to obtain legal driver’s licenses. AB 60, introduced by Assemblyman Luis Alejo (D-Watsonville) will defer to the DMV as to what documentation is required to obtain a license. Governor Jerry Brown is expected to sign the bill presently and expressed his…
At the Wilner & O’Reilly Sacramento office, I 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. Changes have already occurred in our immigration system in the…
The October 2013 priority dates indicate that the F-2A priority date has retrogressed (or moved backwards), but by less than one month (to September 8, 2013), which is almost the same as being “current.” Despite this minor retrogression, it is still phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That…
THE USCIS recently issued guidance to provide new instructions to its adjudicators relating to the timing of creating new jobs and explaining the meaning of “full-time” for positions created through the “EB-5” investor program investment. Perhaps in response to seemingly ceaseless negative economic news, the adjudicatory changes will have the effect of extending the period…
Adjustment of status is the process that allows an alien who was inspected and admitted or paroled into the U.S. to apply for lawful permanent residence (LPR) while in the country. Most adjustment applications are filed under INA 245(a) which requires that an alien be admissible to the U.S. and be eligible for an immigrant…
LOS Angeles Immigration Judge Gita Vahid-Tehrani terminated the removal proceedings of a retired, 78-year old Filipino businessman at the hearing on August 22, 2013, by granting his motion to terminate such proceedings filed on October 4, 2012. This Author represents the Filipino respondent, who was placed in removal proceedings by the issuance and service of…
EB-1 is an employment-based first-preference immigrant visa category reserved for individuals who can demonstrate that they “have risen to the very top of their field of endeavors.” Under the USCIS guidelines, there are three types of EB-1 petitions: 1) a person of extraordinary ability (EB-1A), 2) an outstanding professor or researcher (EB-1B), 3) or a…
