High School Student almost misses graduation because she was illegal
Recently, there was a story making national news, about a high school student who got stuck in Mexico while applying for her immigrant visa. Shewould not only miss her high…
Category: Immigration Columnists
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The August 2012 Priority Dates – Single children of US citizens (F-1) retrogresses!
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…
DREAM Policy to be implemented by August 15, 2012
ON June 15, 2012, the Department of Homeland Security (DHS) Secretary Janet Napolitano announced that the DHS would consider granting Deferred Action Status (DAS) to many young people in the…
DREAM Act is a reality
FOR those that have anticipated the DREAM Act to become reality, we are one step closer. On June 15, 2012, the Obama Administration revealed a new initiate which will orders…
DREAMers: Gather your ‘verifiable documentation’ now!
As most people are aware, on June 15, 2012, Homeland Security Secretary Janet Napolitano announced that “effective immediately,” certain young people would be eligible for “Deferred Action” (relief from removal),…
9th Circuit to revisit ‘CSPA’ priority date retention
GIVING new hope to thousands of individuals who would have been adversely impacted by the 9th Circuit Court of Appeals decision in De Osorio et. al v. Holder, The Chief…
The presumption of ‘Undue Influence’ in transactions between spouses during the marriage
California law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good…
DREAM Act: Deferred Action is here
(Part 2) QUESTION: If I am about to be 30 years old, but over 30 when it is ruled upon, will that be ok? Answer: That is unclear at this…
Deferred Action for the young and undocumented
ON JUNE 15, 2012, President Obama announced that his administration through the Department of Homeland Security (DHS) will grant deferred action for undocumented youth that meet strict eligibility requirements. Deferred…
The July 2012 Priority Dates
EACH month, the visa Of- fice of the State Department publishes, in the visa Bulletin, the priority dates for that par- ticular month, for the various family and employment based…
Deferred Action and work authorization for certain young undocumented immigrants
It is very disheartening to witness children of immigrants work so hard to obtain good grades in school, achieve honor roll standing in high school, get accepted to top universities,…
Supreme Court upholds controversial provision of Arizona’s anti-immigrant law
Shoots down most others IN A 5-3 split decision, the US Supreme Court upheld one controversial provision of Arizona’s anti-immigrant law, SB 1070, that allows police officers to inquire into…
Estate planning: Living trust-the solution to probate
ESTATE planning is defined as “the process of putting an individual’s personal and financial affairs in order”, by Richard S. Kinyon and Genevieve M. Moore in their “Overview of Estate…
Deferred Action Process for young people who are Low Enforcement Priorities
U.S. Citizenship and Immigration Services (USCIS) alerts eligible individuals NOT to submit a deferred action request under the Deferred Action Process for Young People memorandum issued by Secretary Napolitano on…
Relief for widows of deceased petitioner
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…
Faq’s on DREAM’ers Deferred Action/Work Authorization process
On June 15, 2012, Homeland Security Secretary Janet Napolitano announced that “effective immediately,” certain young people would be eligible for “Deferred Action” (relief from removal) and work authorization, provided they…
Prevent or delay foreclosure through bankruptcy
THE “automatic stay” in bankruptcy is a powerful tool available to debtors to prevent collection efforts from creditors, including foreclosures. Whether you file a Chapter 7 or Chapter 13 bankruptcy…
DHS to grant deferred action status to ‘DREAM Act’ eligible immigrants
ON FRIDAY, June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano announced that the DHS would consider granting deferred action status (DAS) to many young people in the…
Discharge in bankruptcy
A DEBTOR who gets a discharge in a bankruptcy petition is no longer personally liable for most of the debts listed in the petition. This means that creditors of the…
FAQ’s on ‘Deferred Action’
OVER the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity…
DHS announces work authorization and “Deferred Action” for “DREAM’ers”
On June 15, 2012, the Secretary of Homeland Security, Janet Napolitano, announced that, effective immediately, those who were brought to the U.S. as young children and who meet certain eligibility…
9th Circuit to revisit ‘CSPA’ priority date retention
“ The decision, which had held that an “aged out” derivative beneficiary of a family or employment-based petition for immigrant status cannot benefit from the original priority date assigned to…
Overseas waiver requests to be filed in the US
Starting June 4, 2012, people applying for immigrant visas at the Embassy, but have been found ineligible (or inadmissible) by a US consular officer, will nowfile their waiver requests in…
I am a victim of crime. Can I get a visa?
Question: I was raped years ago. I heard there is some type of visa. Can I get this visa? Answer: You may be eligible for a U nonimmigrant visa. If…
Stateside waiver program to be implemented by end of 2012
THE USCIS has announced that its Stateside Provisional Waiver process to allow immigrant visa applicants to overcome the 3 and ten year “unlawful presence” bars should be in full force…
Public Comment period ends for proposed rule to create a Provisional Unlawful Presence Waiver Process
WASHINGTON — Today the formal public comment period closes for U.S. Citizenship and Immigration Services’ (USCIS) Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives rule. The proposed rule,…
Can I appeal this horrible decision?
QUESTION: I lost at the immigration Court level. Can I appeal? Answer: Yes, you can appeal. You can appeal it to the Board of Immigration Appeals in Virginia. Question: When…
Appeals processing from immigration court decisions
EACH year, I consult with hundreds of individuals who have been ordered to leave the US by Immigration Judges. In the vast majority of these cases, the person had applied…
Do you have a bona fide marriage?
MARRIAGE to a US citizen is an obvious and well- known method of obtaining legal and permanent residence in the United States. Once married to a US citizen many immigration…
Did you vote for Jessica?
For the past few weeks, Filipinos in the US (and around the world) have followed Jessica Sanchez’s meteoric rise on American Idol. She instantly became a source of pride and…