K-1 Fiancé Visa
Valentine’s Day is just around the corner. It’s the time of the year when many couples get engaged or married. If you are an American citizen who intends to marry…
Category: Immigration Columnists
Read More
H-1B for Fiscal Year 2011
H-1B season is around the corner. On April 1, 2010, the United States Citizenship & Immigration Service (USCIS) will accept H-1B filings for the Fiscal Year 2011. The start date…
EB-3 “Other Worker” Category
In a previous article, we covered eligibility requirements for EB-2 advanced degree and exceptional ability aliens, and EB-3 skilled and professional workers. The third preference category of employment-based immigration (EB-3)…
EB-2 vs. EB-3 – Which one is Right for Me?
Each year the immigration regulations provide a minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. While some categories have a backlog of several years, others…
Greencard in a year, invest $500K in a regional center
Congress established the employment based fifth preference (EB-5) immigrant visa category under the U.S. Immigration Act of 1990 (IMMACT90) in the hopes of attracting foreign capital to the U.S. and…
Maintaining Status and the Nonimmigrant Extension Nightmare
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…
Community property interest in employee benefit plan of spouse
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…
Prosecutorial discretion + Prioritization = Hope
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:…
Knowing your rights to reimbursements during divorce
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…
Waiver of Joint Petition to remove Conditional Permanent Residency on a marriage entered less than two years
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…
Factors that are considered in an award of spousal support
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 lawyer’s personal journey
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…
Wilner & O’reilly’s expansion/dominance continues
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…
H-1B visas for professionals and college graduates
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. …
Family petitons reopened, priority date retained
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…
Claiming injuries from your auto accident
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,…
First comes love, then comes marriage, then comes Conditional Permanent Residency
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…
Liability of owner of premises for slip and fall
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…
Have you started the process? H-1B visas are back on April 1
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…
Duty to disclose community and separate property in divorce
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. …
Establishing Paternity and Visitation to see your Child
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…
Naturalization: Becoming a US citizen
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…
Relief from default in divorce cases
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…
Does transferring separate assets into a revocable trust during the marriage make the asset community property during divorce?
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…
Obtaining permanent residence through marriage
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…
Changing separate property to community property for estate planning purposes, and its consequences upon divorce
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…