Category: Immigration Columnists

GERRY Apolinario’s (right) naturalization application was denied because he was outside the U.S. too many times during the five years before filing his application, and missed the 913-day minimum physical presence requirement by a mere 15 days. By law, a person is required to have resided continuously in the U.S. for at least five years…

DEAR Atty. Gurfinkel: My sister petitioned me in 2002 in the F-4 category (brother/sister of a U.S. citizen) when my child was still a baby. Recently, the priority date became current. We paid all the fees and submitted all the forms on behalf of my family, including my child, who is now over 21. At the…

DEAR Atty. Gurfinkel: I was petitioned as “single” by my immigrant (green card) parent in 2011. The priority date is now current, and I am getting paperwork and forms from the NVC to fill out. I have a live-in partner, and we have a child together. Although we never married, we put a date of…

Mike (2nd from left) was petitioned as “single” by his mother and wanted to bring his children with him to the U.S., but his mother said, “leave the kids behind,” since their birth certificates had a date of marriage. Unfortunately, that decision resulted in many years of separation for Mike and his children. Leading U.S….

THERE are so many movies and reality shows that focus on fiancé visas, like “90 Day Fiancée,” and it’s hard to sort through fact from fiction. Many people also come to me, asking the same questions that many of you may be asking – “How do I bring my boyfriend or girlfriend to the U.S….

SINGLE PARENT LEAVES CHILDREN BEHIND BECAUSE OF DATE OF MARRIAGE ON THEIR BIRTH CERTIFICATES THIS SUNDAY ON CITIZEN PINOY. Mike (2nd from left) was petitioned as “single” by his mother and wanted to bring his children with him to the U.S., but his mother said, “leave the kids behind,” since their birth certificates had a…

The September 2021 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers).  The priority dates for all countries (except India and China) are CURRENT!  This includes the Philippines!  This means visas are available, regardless of the person’s priority date.  If a person is being…

DEAR Attorney Gurfinkel: I was petitioned by my U.S. citizen parent in 2011 as single. The priority date became current, and I submitted all the forms and paid all the fees. When I went for my interview at the U.S. Embassy, my visa was refused because the consul said I had committed fraud about 15…

K1 – THE ‘LOVE’ VISA: THIS SUNDAY ON CITIZEN PINOY. Wendel (left) met Allen (center) on Friendster, after he went through a period of loneliness and depression, looking for true love. They soon knew they had found “the one.” Before they officially became a couple, they wanted to see each other in person, to make…

DEAR Atty. Gurfinkel: I married a U.S. citizen for love, hoping we would live “happily ever after.” Unfortunately, soon after marriage, he changed. He drank a lot, gambled, took drugs, called me names, said he would never petition me and would try to get me deported. He gets very angry when I laugh and speak…

HUMANITARIAN REVALIDATION OR SURVIVOR LAW: THIS SUNDAY ON CITIZEN PINOY. Allain (left) was petitioned by his mother in 1997. He came to the U.S. as a tourist with his wife, Laarnie (center), in 2002 and overstayed. His mother passed away in 2006, which, at that point, Allain thought his mother’s petition for him was gone….

LEADING U.S. Immigration Attorney Michael J. Gurfinkel (and host of Citizen Pinoy) explains the August 2021 priority dates on his YouTube channel: US Immigration TV. This video is a “must see” for anyone under petition by a family member or employer. Atty. Gurfinkel discusses the August 2021 priority dates and answers such questions as: What…

Allain (left) was petitioned by his mother in 1997. He came to the U.S. as a tourist with his wife, Lorraine (center), in 2002 and overstayed. His mother passed away in 2006, which, at that point, Allain thought his mother’s petition for him was gone. What would now happen to Allain and his petition? Leading…

LEADING U.S. Immigration Attorney Michael J. Gurfinkel presents another brand-new success story, after he provides the latest immigration developments, as featured on his YouTube channel: US Immigration TV. After the important U.S. immigration highlights, Citizen Pinoy shares an inspiring success story on how a family persevered, despite the many bumps along their immigration journey. Allain…

THE August 2021 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers).  The priority dates for all countries (except India and China) are CURRENT!  This includes the Philippines!  This means visas are available, regardless of the person’s priority date.  If a person is being…

ON July 20, 2021, the U.S. Citizenship and Immigration Services (USCIS) announced a new policy that individuals applying for change of status (COS) from Visitor (B), or other non-immigrant status, to F-1 student, no longer need to also apply for an extension of status while their initial F-1 COS application is pending. According to the…

AS I reported in a previous article, on July 16, 2021, a federal judge in Texas ruled that the Deferred Action for Childhood Arrivals program, or DACA, was illegal. He issued a preliminary injunction, blocking the approval of any new applications. Fortunately, he did not call for a complete and immediate end to DACA, but…

Jun (right) was a crewman who jumped ship in 2002. He overstayed in the U.S. for several months, before returning to the Philippines in 2003. In 2007, his mother petitioned him as a single child. Finally, after many years of waiting, Jun was interviewed at the U.S. Embassy, but he was denied due to fraud….

ON July 15, 2021, Atty. Gen. Garland brought back “administrative closure” to immigration courts by overruling a previous decision made during the Trump era, which “concluded that the immigration courts’ use of the tool of administrative closure was not authorized.” This is great news, as now administrative closure is again authorized, and there could be…

THERE is more great news for people who are in deportation/removal proceedings, or who may have already been ordered deported. The Department of Homeland Security (DHS) recently issued Standard Operating Procedures (SOP) on how to request prosecutorial discretion (PD) for those who are in deportation or removal proceedings. What is prosecutorial discretion? According to the…

LEADING U.S. Immigration Attorney Michael J. Gurfinkel (2nd from right) provides the latest immigration developments, as featured on his YouTube channel: US Immigration TV. This Sunday, he also features another success story that is inspiring and hopeful. Jun (extreme right) was a crewman who jumped ship and overstayed a few months in the U.S. in…