World events and political changes over the past couple of years have exposed the different faces of the American people. As a whole, American patriotism has become more visible. But this wave of patriotism has also diluted some of the founding principals upon which our country stands. Like the pilgrimage of past generations, immigrants today…
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…
LAST week, the Obama Administration announced an (immigration) Prioritization Plan. Priority: enforcement of immigration laws against serious criminals who are a threat to our public safety, i.e. deporting them. Not a priority: approximately 300,000 pending immigration court cases for non-US Citizens convicted of minor crimes or “simply” here in violation of our immigration laws. Potential: termination of…
DIVORCE can be a bit complicated specially if there are community assets and debts involved. Generally, accumulations and earning after the date of separation is each spouse’s separate property. What happens when you use separate funds to pay for community debts after the date of separation such as when one spouse continues to pay the…
THE Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of that two years with the petitioning spouse and show that they are still married or, if the marriage was terminated, to show that the marriage…
The purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of a particular case may be such which call for no spousal support, or for support for a very limited period of time, with the purpose…
WHEN people ask me why I have chosen to become an immigration attorney, I have to pause to think of the many multi-layered reasons that have led me to do what I do. I would say that my own immigration journey has been one of the motivating forces. As many of you may know, I…
A potential client arrived in our new Salt Lake City, Utah office last week looking for guidance on a petition that was to be filed on her behalf by her son. She mentioned that she had seen another immigration attorney in the area but felt pressured into signing a contract before she felt comfortable in…
MOST aliens that come to the United States do so under a B-1 or B-2 visa as a visitor which gives visitors up to 6 months stay in the US. However due to the recent policy of disfavoring extensions of visitors status, extending once visitors visa is almost no longer an option for a lot…
HERE’S what happened: In 2001, our client became a lawful permanent resident of the United States. He immediately petitioned for his 3 children back in the Philippines because as you know, children of derivative (preference) petitions cannot simultaneously immigrate to the United States. When he petitioned for his children, he was told that the priority…
Being involved in an auto accident can be a frustrating and very disruptive experience to most people. Depending on your injuries, most likely you are unable to commute to work, unable to carry on your regular chores, or even unable to work at all. This is on top of all the pain and suffering that…
ANY foreign national who marries a US citizen, and is otherwise eligible, may apply to adjust their status to lawful permanent residency (“green card”). If married for less than two years at the time the case is approved, the foreign national will receive “conditional permanent residency.” This type of residency expires two years after the…
At one time or another, we have all made a trip to the local market. Whether it is to purchase food or other daily necessities, our expectation is that upon departing, our needs will be fulfilled. Rarely, if ever, does a person’s expectation in making a trip to the market include slipping on something on…
IN ONE month, the H-1B visa category opens again. Will you be one of the lucky ones who will receive a three year H-1B visa for this fiscal year? In the last fiscal year, the H-1B non immigrant visa quota did not reach its cap until January 26, 2011. But previously in years prior, the…
THERE is a natural tendency among divorcing parties to hide their assets from their spouse. This is a common problem that I have observed from practicing law for many years. A common question I hear from clients is “my spouse doesn’t know I have an account in this bank, do I have to let him/…
What does a father do if mom does not allow dad to visit his child? This situation becomes more difficult in situations where the father is not married to the mother such as in a boyfriend/ girlfriend relationship where girlfriend gets pregnant and the relationship breaks up prior to the birth of the child. It…
As Filipinos, we are all undoubtedly aware to a certain extent of the procedures and avenues by which one can obtain permanent residence. After obtaining permanent residence status, many green card holders desire to take that next step—becoming a United States citizen. As a United States citizen, one is afforded many privileges that are not…
There are situations in both divorce and child support cases where the Summons and Petition resulted to a default against one party for failing to respond in time. In certain situations, the defaulted party failed to respond in time because he or she did not even know that he or she was served with a…
Divorcing couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The issue is what is the characterization of those property when the couple gets the divorce. Transmutation is the changing of the characterization of a property…
MARRIAGE for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent residency. However, although the…
SPOUSES during both before and during marriage may agree to change the character of any of their property—from separate property to community property, from community property to separate property, and from separate property of one spouse to separate property of the other. When spouses agree to change the character of property, it is commonly referred…
