Immigration law changes: Now and future
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…
Category: Immigration Columnists
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The October 2013 Priority Dates: Category F-2A is no longer ‘current’
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…
‘EB-5’ Investor Visa Program alive and well
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…
Adjustment and Grandfathering under INA 245(i)
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…
LA immigration judge terminates removal proceedings of 78-year old Filipino after 12 years
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…
EB-1 petition: Fast track to permanent residency
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…
Parent’s Naturalization Dooms Child’s Cspa Eligibility
The Board of Immigration Appeals (BIA) has ruled that a parent who naturalized after his or her child’s 21st birthday destroyed that child’s eligibility for benefits under the Child Status…
I have an immigration hold: Now what?
QUESTION: I have a friend who has an immigration hold. He is finishing up a sentence for a crime. What can be done? Answer: A removable alien who is detained…
Absence and abandonment of residence
Roberto and Rosalie arrived in the United States in June 2012 through the petition of their only son Carlos, who is in the military. They have a comfortable life in…
Don’t take chances with your child’s immigration future
Most people immigrate to the US in order to make a better life and future for their children. Therefore, it surprises me when some people take such risks and chances…
Fee gouging and self-aggrandizement
ALTHOUGH attorneys take an oath upon admission to the bar to zealously advocate on behalf of their clients, I have heard an overwhelming number of stories in which potential clients…
Challenging a marriage fraud charge
INA 204(c) bars the approval of a subsequent immigrant petition for an alien who had tried to obtain benefits under a first petition which was based on a fraudulent marriage….
US citizens must file separate petitions for each ‘immediate relative’
When the green card holder naturalizes, the F-2A petition automatically converts from F-2A (spouse/minor child of green card holder) to “immediate relative” (spouse/parent/child of US citizen). Petitions by US citizens…
DACA: One year later
ONLY a little more than one year into the Obama Administration’s Deferred Action for Childhood Arrivals Program (DACA) more than 550,00 DACA requests accepted for processing, of which over 430,000…
DOMA and now same-sex immigration petition updates
QUESTION: I am a US citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? Answer:…
The September 2013 Priority Dates: Category F-2A is still current, but will ‘likely’ retrogress in October!
The September 2013 priority dates have phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would…
State Dept. issues visa guidance for same-sex couples
THE United States Department of State has issued guidance for same-sex visa applications in light of the June 26, 2013 ruling of the Supreme Court that held Section 3 of…
Material Misrepresentation under INA 212(a)(6)(C)(i)
INA 212(a)(6)(C)(i) bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or attempted to obtain a visa, other documentation, admission or…
First Dui offense and restricted driver license
On July 8, 2013, Commissioner Dennis W. Carroll of Department 8 of the Long Beach Superior Court sentenced a Filipino client, who pled “no-contest” to first driving-under-the-influence (DUI) offense, to:…
What is my liability for debts incurred by my spouse?
Couples have different spending habits and different philosophy in handling marital finances. Some spouses are conservative in managing their finances and stick with a budget while other spouses do not…
State Department issues cable on same-sex marriages
Recently, the Department of State (DOS) issued a cable, providing guidance to the embassies around the world on how to handle immigration cases involving same-sex couples. This means that US…
California proposes misplaced ‘Immigration Reform Act’ to curb immigration reform fraud
Even viewed in its best light, AB 1159 interferes with the attorney-client relationship and redundantly ‘prohibits’ conduct that is already condemned as unethical under the State Bar rules and the…
How much time can you get in renewing a restraining order?
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,…
Determination of Child Support Payments in California
Whenever the support of a minor child, or an adult child for whom support is authorized under §3901 or §3910 of the family code, is at issue, the court may…
Consequences of criminal convictions on DACA applications
Jen was 10 years old when her parents brought her to the United States. When she was about to graduate high school and filling out her college applications, she was…
BIA confirms that immigration benefits are available to same-sex couples
On the heels of the US Supreme Court’s decision in US vs. Windsor (which struck down DOMA’s definition of marriage as being a legal relationship between one man and one…
Admission under ‘assumed’ is legal admission for subsequent adjustment of status
“ In making an application for adjustment of status, an applicant must also prove that he is not “inadmissible” to the US. Certain grounds of inadmissibility may be “waived” during…
Aggravated Felonies
Immigration law defines an aggravated felony, not by describing its common elements but by enumerating the specific offenses that fall under this category. Originally, the Anti-Drug Abuse Act of 1988…
I only have $500,000: Can I still get the Green Card?
“ Congress created the EB-5 immigrant visa category in 1990 for immigrants seeking to enter to engage in a commercial enterprise that will benefit the US economy and create at…
F2A visa category for spouses and children of permanent residents current in August 2013
Beginning August 2013, the visa availability for F2A category of family based petitions will be current. Historically, the wait for this category was 3-4 years. The F2A category consists of…