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 Protection Act (CSPA). Therefore, if you believe that your child may be eligible for benefits under the CSPA, you should seek the advice of an…
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 has the right to a bond hearing unless he or she is removable for security reasons, is subject to mandatory detention because of the commission…
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 the Philippines owning several fish ponds and rice lands in Bataan. They did not really want to migrate, but Carlos was insistent, especially after the…
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 in connection with their children’s immigration situation. Even though the parent may have had the opportunity to bring their child to the US long ago,…
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 depict their attorneys’ actions and statements in meetings as completely adverse to their cause. Instead of listening with empathy and compassion to a prospective client’s…
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. If during the processing of the subsequent petition, the first husband told USCIS that his marriage to the alien was fraudulent may USCIS deny the…
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 of immediate relatives (spouse, minor child, parents) allow only one beneficiary per petition. Dear Atty. Gurfinkel: While I was still an immigrant, I filed…
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 have been approved, and 7,450 requests denied, as of July 2013. In all, the program has been considered a success, creating a legal, albeit temporary,…
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: Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and…
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 be eligible to file for adjustment of status and work authorization, if they are in the US, and are otherwise eligible! That is the case…
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 the Defense of Marriage Act (DOMA) to be unconstitutional. The decision, in holding that each of the 50 states may define “marriage” according to their…
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 other benefit under the Immigration and Nationality Act (INA), by means of fraud or by willfully misrepresenting a material fact. Fraud is a false representation…
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: suspended sentence, 3-year summary probation, 3-month, 30-hour alcohol AB-541 program, 10 days of CalTrans community service, and total fine of $2,000 plus. The Author represents…
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 even set budgets. What is your exposure if your spouse is a shop-a-holic and runs though his/her credit card like there is no tomorrow? What…
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 embassies must follow the DOS’s cable or guidance. Among the matters discussed in that cable are that, “Beginning immediately, consular officers should review visa applications…
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 California Code of Professional Responsibility. In anticipation of the US Congress passing some sort of Comprehensive Immigration Reform (CIR) later this year, the California State…
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…
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 order either or both parents to pay an amount necessary for the child’s support. Family Code §4001. For purposes of child support, a minor child…
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 shocked and horrified to learn from parents that they were in the United States illegally. She put aside her dreams of going to college and…
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 woman), the Board of Immigration Appeals (BIA) issued a precedent (or binding) decision on July 17, 2013 (Matter of Zeleniak), confirming that same-sex couples are…
“ 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 the process, such as prior criminal convictions or immigration violations.” THE US Court of Appeals for the 9th Circuit granted a joint motion to dismiss…
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 (ADAA) defined an aggravated felony to include murder, drug trafficking, and illicit trafficking of firearms. This definition has expanded over the years to include about…
“ 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 least 10 full-time jobs.” QUESTION: I have heard that you can only get the Green Card if you invest $1,000,000. However, I only have $500,000….
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 spouses and single children under 21 years old of permanent residents. This means a permanent resident can now petition their spouse and simultaneously file an…
Almost immediately after the US Supreme Court declared the Defense of Marriage Act (DOMA) unconstitutional, both Secretary of State John Kerry and Secretary of Homeland Security Janet Napolitano, pledged their full support in providing same-sex couples the very same immigration benefits available to opposite-sex couples. Sec. Kerry, whose department oversees embassies and visa issuance, stated…
JUST weeks after the US Supreme Court struck down the Defense of Marriage Act’s (DOMA) definition of “marriage” in Windsor v. US as a union between male and female spouses, the Board of Immigration Appeals (BIA) has followed suit. On July 17, 2013, the BIA issued its decision in Matter of Zeleniak, holding that DOMA…
Parents that are going through divorce and legal separation sometimes have to make a decision to move out of state for various reasons. It may be because their family network is in another state. This decision often have a significant impact on the visitation of the other parent because it would be more difficult for…
MARIA is currently visiting her husband, Joselito, in the United States. She came to the United States on a valid visitor’s visa with her 10 year-old son. Joselito and Maria have been engaged in a long distance relationship for the past year. Joselito is a permanent resident of the United States and has petitioned for…
BY Order of Discharge of Debtor dated April 1, 2013, the US Bankruptcy Court, Central District of California, in Los Angeles, discharged a consultant of a freight forwarder from the wage and defamation claims of an alleged employee. The Author represented the freight forwarding company and the consultant in both the civil suit and the…
In a previous article, I discussed that commencing August 1, 2013, the priority date for F- 2A petitions (spouses and minor children of green card holders) will be current. This means that spouses and minor children of green card holders would be eligible to file for adjustment of status and work authorization regardless of their…
