For Jonathan (left), love conquers all. He was visiting friends in the U.S. to take a break from a recent upheaval in his life when he met his future husband. He then quickly gave up his life and career in the Philippines to be with the one who “completes” him. He got married with his…
IN a previous column, I discussed a new memo from the Biden administration, that they are limiting deportations by exercising what is called “prosecutorial discretion,” in terms of whether or not to bring deportation cases or even dismiss existing deportation cases. We were monitoring how this memo would be implemented and how soon. I already…
THIS is a common question among people contemplating divorce in California when the other spouse does not live in the state. The California Courts has the power to grant a divorce, annulment, or legal separation if either party is domiciled in the state. Domicile is where a person lives and intends to remain. However, there…
WHEN Jonathan (left) met his husband, he made the decision to give up his career and life in the Philippines, in exchange for love. The whole month of June, Pride Month was celebrated across the country. Citizen Pinoy pays tribute to this celebration with this week’s feature: a same-sex couple and one of them being…
DEAR Atty. Gurfinkel: My U.S. citizen father petitioned me in 2011 as a single adult child (Category F-1). About 3 years ago, he moved back to the Philippines. I am now receiving notices from the NVC that my visa is available and I need to pay fees and submit various forms. Could I still apply…
AXG: Abunda and Gurfinkel, moderated by Asia’s King of Talk, Boy Abunda, and leading U.S. immigration attorney, Michael J. Gurfinkel, provides answers to commonly asked questions in the “Quick Consults” portion of the very first virtual Q&A held via Zoom. Some of the questions sent by Kapamilyas via email or social media are: What happens…
The July 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 Atty. Gurfinkel: I entered the U.S. on a tourist visa and then overstayed and am out of status. My U.S. citizen boyfriend recently proposed to me, and we plan on getting married and have him petition me. Also, years ago, I married someone else in the Philippines. But he abandoned me, he already has…
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” There is a big difference between the two concepts. With a voided marriage, it restores the couple to status of unmarried person as if they…
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” There is a big difference between the two concepts. With a voided marriage, it restores the couple to status of unmarried person as if they…
ON May 27, 2021, the Biden administration issued a memo entitled “Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities.” That memo could benefit so many people who are in deportation or removal proceedings, or are concerned they may be placed in deportation or removal proceedings. Basically, this memo instructs…
This Sunday, Citizen Pinoy brings more of the questions answered during their very first virtual Q&A held via Zoom. AXG: Abunda and Gurfinkel, moderated by Asia’s King of Talk, Boy Abunda, and leading U.S. immigration attorney, Michael J. Gurfinkel, provide answers and relevant immigration information to guests and viewers. In the second installment, Nico, from…
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this question a lot from our family law clients. The fact is that California is a no fault state and you do not need your spouse’s…
DEAR Attorney Tan, I entered the U.S. in 1998 as a crewman. I have recently married a U.S. citizen and would like to get a green card. However, I have heard that since I entered as a crewman, I cannot adjust my status to a permanent resident. Is this true? — Lost on Land Dear…
THE Illegal Immigration Reform and Immigrant Responsibility Act of 1996 requires that US Citizens sponsoring an alien for legal permanent residency execute an immigration form I-864 Affidavit of Support. This is an agreement between the US Government and the Sponsor to promise to support the immigrant beneficiary seeking admission to the US at a level…
DEAR Atty. Gurfinkel: I am a green card holder and am now eligible for naturalization. However, when I renewed my driver’s license, there was a section on the form to allow people to register to vote in elections. I filled out the entire form, not realizing I was not only renewing my driver’s license, but…
Asia’s King of Talk, Boy Abunda, and leading U.S. immigration attorney, Michael J. Gurfinkel, lead the discussion in the first virtual forum where Atty. Gurfinkel provides answers and relevant information to viewers’ immigration questions. Elaine, from Fairfield, California, wants to know if her sister’s family can be interviewed on an expedited basis. She is worried…
THE Illegal Immigration Reform and Immigrant Responsibility Act of 1996 requires that U.S. Citizens sponsoring an alien for legal permanent residency execute an immigration form I-864 Affidavit of Support. This is an agreement between the U.S. Government and the Sponsor to promise to support the immigrant beneficiary seeking admission to the U.S. at a level…
THE June 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…
Hazel from Virginia Beach, Virginia (bottom left) wants to know the best way to bring her sister to the U.S., when she was initially petitioned by her mother in 2010 as single, but got married in 2011. Perly from Philadelphia, Pennsylvania (bottom right) asks about her daughter who applied for a tourist visa and was…
A PERSON who obtains his/her green card via marriage to a U.S. citizen spouse, and who is married for less than two years has conditional permanent resident status. A conditional permanent resident has a green card that is valid for two years. In order to continue to have permanent resident status after two years, the…
WIDOWS of U.S. citizens have many options of obtaining their greencard should their U.S. citizen spouse die. Under INA Section 201(b)(2)(A)(i), Widows are allowed to remain classified as immediate relatives and to continue to be eligible to immigrate if they file an I-360 selfpetition within two years of the death of the U.S. citizen or…
Jimmy from Fyffe, Alabama is worried for his parents due to COVID, and would like to know if they can come to the U.S. using their multiple-entry tourist visas then adjust status in the U.S. once they arrive. Christian from Antioch, California asks if his friend, who is a green card holder, can still return…
ON May 14, 2021, President Biden revoked former President Trump’s proclamation of October 4, 2019, which would have barred the entry of immigrants unless they could prove they already had health insurance, could secure health insurance within 30 days of entry or had the financial capacity to cover their healthcare costs. I have already posted…
DEAR Atty. Gurfinkel: Both my husband and I have been U.S. citizens. In 2011, he filed a petition for our adult single son (Category F-1), which was later approved in 2015. Unfortunately, my husband died in 2018. We are now receiving notices from the NVC that my son should apply for his visa. Since my…
Dear Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my back seemed very tight and stiff. I took some days off from work. After a week, I contacted the other driver’s insurance to report the…
Leading U.S. Immigration Attorney Michael J. Gurfinkel also presents the latest in immigration news and analysis, and provides the latest highlights from his YouTube channel, US Immigration TV. Millet (bottom left) brought her two daughters, Ana and Yna, to the U.S., and they became undocumented. While they were growing up, Millet had to tell her…
IT can be extremely frustrating for anyone outside the U.S. waiting for their immigrant visa interview, and for their family members in the U.S., anxiously awaiting their arrival. You have endured delays, interview cancellations, and uncertainty caused by the COVID-19 lockdowns and shutdowns, and by former Pres. Trump’s immigration ban. The main question on everyone’s…
ON April 29, 2021, the U.S. Supreme Court ruled that a Notice to Appear (NTA) is defective unless it includes, in a single notice, all the required information, including: • The charging allegations (why the person is subject to deportation/removal); and • The date, time, and location of the court hearing. If the initial NTA…
Question: I contributed money which I saved before the marriage into purchasing a property during the marriage which I acquired with my spouse in joint name. During the marriage we cashed out most of the equity in that house to purchase several properties. The first house we purchased no longer has a lot of equity…
