Category: Immigration Columnists

EVERY year, I write hundreds of articles for the press dealing, in general terms, with new immigration laws, regulations and interpretations impacting hundreds of thousands of immigrants both inside and outside the US. Rather than write an article regarding new changes in the law or changing interpretations as to what can be done, legally, for…

0 Comments and 0 Reactions In 2012, we saw a sharp contrast in the enforcement of immigration laws against different groups of aliens. The deferred action for childhood arrivals (DACA) program granted limited relief to qualified aliens who came to the US as children. The Immigration and Customs Enforcement’s (ICE) Office of the Chief Counsel…

Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority…

Question: I am a priest. Can I get a visa to come to the US? Answer: Yes. You would have to fall under the definition of a minister and be petitioned as an R-1. A minister is defined as: (1) Fully authorized and trained in religious denomination to conduct religious worship and perform other duties…

(PART II) In a previous article, I discussed various situations where marriage would affect a person’s eligibility for a visa, and situations where it might be advantageous to marry before being processed for the green card.  Here are some more situations dealing with the effect of a marriage on a person’s eligibility for a visa:…

The Deferred Action for Childhood Arrivals (DACA) Program was introduced in June 2012 and was implemented August 15, 2012. Within just one month of the program’s start date, the USCIS had reported that it had received more than 75,000 applications for deferred action status (DAS) and work authorization under DACA. Although experts had predicted that…

A FILIPINA registered nurse licensed  in California, her husband, and minor son are in removal proceedings with the Los Angeles Immigration Court ( I.J. Philip J. Costa) because their applications for adjustment of status to permanent residence were denied, despite approval of the underlying employer’s Form I-140 immigrant visa petition for her. The ground for…

QUESTION: I have been fighting for years to obtain residency and it seems like a never ending battle. I’m getting down and don’t really know if I want to continue. Any help? Answer: Well, there have been some very good developments over the last year. First, there is DACA to allow people under 30 to…

An employer need not be a Fortune 500 company, have been in business for decades or employ dozens of workers in order to sponsor an alien to work for its company in the United States. While the bigger and more stable companies would certainly qualify to sponsor an alien for employment in the United States,…

THE debate over the United States economy and dearth of high-tech workers has spotlighted the H-1B professional working visa in the press. Congress raised the number of visas available in 1998, but INS probably still issued too many. While a powerful business lobby, with the support of large companies, has been very influential in obtaining…

A lawful permanent resident (LPR) is authorized to live and work in the US on a permanent basis. An LPR is allowed automatic entry into the US after short trips abroad. However, there are instances when an LPR who is returning from a trip abroad is not automatically allowed entry but is instead considered as…

MARIA came to the United States 10 years ago after divorcing her husband in the Philippines. She came to the United States as a tourist, but decided to stay because she had high hopes of a fresh start. 10 years later, she finds herself in love with her boyfriend Joe. Joe proposes to Maria and…

Question: My husband is in detention and deportation proceedings. Can he get out? Answer: For noncitizens and their families, nothing is more important than the noncitizen’s release from jail. These concerns can sometimes seemingly dwarf the larger issues of removability and relief. Every day, or every second, of detention only serves to increase the anxiety,…

Recently, the Seventh Circuit Court of Appeals upheld the deportation/removal of a person who had filed a “frivolous” asylum claim, in which the person had stated that he was persecuted in his home country, which turned out to be untrue. Now, even though his US citizen wife tried to petitioned him, he was banned for…

THE USCIS is processing adjustment of status applications filed by “aged-out” Beneficiaries of preference petitions relying on the Child Status Protection Act (CSPA) as interpreted by the US Courts of Appeals.  Recently, the US Court of Appeals for the 9th Circuit joined the US Court of Appeals for the 5th Circuit  and held that the…

Question: I have already worked in the United States for some time. Does my sponsor still need to submit the affidavit of support? Answer: Under INA §212(a)(4)(C), an alien who seeks permanent residence as an immediate relative or as a family preference immigrant is inadmissible as an alien likely to become a public charge, unless…

QUESTION: I heard that there is a type of visa whereby I don’t need to invest $1,000,000 to get the Green Card, but rather can use my business knowledge and business. Is this true? Answer: Yes, it is the much less known Multinational Manager Visa. This is where you have 2 companies in 2 different…

THE Deferred Action for Childhood Arrivals (DACA) Program was introduced in June 2012 and was implemented August 15, 2012.  Within just one month of the program’s start date, the USCIS had reported that it had received more than 75,000 applications for deferred action status (DAS) and work authorization under DACA. Although experts had predicted that…

Question: My auntie petitioned my mother when I was 3 years old. However, the visa process is so slow that it took 22 years for the visa number to become current. I was over 21 when my mother got her Green Card and the U.S. Embassy said that I aged out and could not come….

Question: Is there any movement on new Immigration Bills since President Obama was re-elected? Answer: The House voted on a STEM bill – standing for science, technology, engineering and mathematics – in September, but under a procedure requiring a two-thirds majority. It was defeated, with more than 80 percent of Democrats voting against it, because…

Rudolf Golez:  Acclaimed Filipino Virtuoso Pianist in concert THE heavy rain on November 17, 2012 did not stop a knowledgeable and discriminating audience at Gennario’s Ristorante in Glendale, California, from expressing their almost boundless admiration for Rudolf Golez, a Filipino virtuoso pianist based in the Philippines. Indeed, the piano concert entitled Music Tapestry of Rudolf…

Sometimes, a person’s case is denied, whether it is a hardship/fraud waiver, employment or family based petition, or other type of filing. In most denials, the person is given the right to appeal the denial, if he or she believes that the USCIS was wrong. However, the person should also carefully consider whether they should…

THE debate over the United States economy and dearth of qualified Science, Technology, Engineering and Math (STEM) graduates has reignited the debate over employment-based immigration reforms. Even though Congress raised the number of H-1B “specialty worker” visas available in 1998, the increase lasted just three years. USCIS, under current law, may issue only 65,000 H-1B…

In October 2012, an Immigration Judge (IJ) reopened my client’s exclusion proceedings more 20 years after another IJ ordered her exclusion from the US in 1991. In October 1999, she filed a motion to reopen (MTR) her proceedings through prior counsel but the IJ denied this motion in March 2000. What could have prompted this…

Question: Is there any movement on new Immigration Bills since President Obama was re-elected? Answer: The House voted on a STEM bill — standing for science, technology, engineering and mathematics — in September, but under a procedure requiring a two-thirds majority. It was defeated, with more than 80 percent of Democrats voting against it, because…

IN the wake of Mitt Romney’s devastating loss in the Presidential election, House Republicans will introduce a Bill to expand visa availability to foreign science,  technology, engineering and mathematics (STEM) graduates, as well as ease the process through which spouses and children of Lawful Permanent Residents (LPRs) may immigrate to the US.  Although viewed as…

Recently, the USCIS published statistics on DACA filings. I was quite surprised at the results, especially as it concerned Filipinos. It showed that as of November 15, 2012, 308,935 people applied, and 53,273 applications have already been approved. However, out of the 308,935 people who applied, only 2,613 were Filipinos! Don’t tell me that there…