[COLUMN] Can I obtain a divorce if my spouse refuses to sign?
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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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[COLUMN] Permanent residence for crewmen
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…
[COLUMN] The Dream and Promise Act of 2021: Who qualifies?
IN a previous article, I discussed how Pres. Biden and the Democrats introduced the “U.S. CITIZENSHIP ACT” of 2021. It was a massive bill, covering a variety of immigration issues…
[COLUMN] The April 2021 Priority Dates
The April 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…
[COLUMN] I filed my own divorce but I can’t finish it
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the…
[COLUMN] Social media and US visa applicants
“Visa applicants to the U.S. should be aware that they are required to submit any information about social media accounts they are using and those that they have used in…
[COLUMN] I filed my own divorce but I can’t finish it
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek the…
[COLUMN] New hope for CSPA age out children
THE Child Status Protection Act (CSPA) is complex, confusing, and can be extremely frustrating. During my 40 years of practicing law, I always encounter cases where a child may have…
[COLUMN] Rescinding a removal or deportation order to allow you to apply for a green card
WE have all heard the popular saying, “Timing is everything.” Unfortunately, this saying often adversely applies to those persons who have found an avenue from which to obtain a green…
[COLUMN] Why using your married child as a co-borrower to refinance your house is a bad idea
MANY parents who may have problems refinancing their house due to low income in retirement or due to low credit score sometimes resort to the idea of having their married…
[COLUMN] Relief for alien victims of criminal activities
Ang U classification ay nagbibigay ng nonimmigrant status sa mga dayuhang biktima ng “qualifying criminal activity.” Noong naging batas ang Victims of Trafficking and Violence Prevention Act of 2000 na…
[COLUMN] Biden drops Trump’s 2019 ‘public charge’ policy
ON March 9, 2021, DHS Sec. Alejandro Mayorkas announced that the U.S. government will no longer defend the Trump administration’s 2019 public charge rule, as doing so “is neither in…
[COLUMN] False claim to US citizenship
ANG isang dayuhan na may false claim sa U.S. citizenship ay maaaring maging inadmissible sa U.S. Ang mga sumusunod ang elements ng false claim sa U.S. citizenship: (1) ang dayuhan…
[COLUMN] How to obtain custody and visitation rights for unmarried dads
Establishing parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the…
[COLUMN] The March 2021 Priority Dates
The March 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…
What Biden’s US Citizenship Act of 2021 will do for family immigration
WHEN Democratic Sen. Bob Menendez of New Jersey and Rep. Linda Sanchez of California first introduced the U.S. Citizenship Act of 2021 in Congress on Feb. 18, the general consensus…
[COLUMN] California court’s power to make divorce orders when one spouse does not live in state
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…
[COLUMN] Biden revokes Trump’s immigration ban!
ON February 24, 2021, Pres. Biden revoked Trump’s immigration ban for immigrant visa applicants, which was scheduled to expire March 31, 2021. What this means is that, subject to COVID-19…
[COLUMN] Child support and naturalization
ANG green card holder ay maaaring mag-file ng N400 Application for Naturalization kung siya ay may 5 taon nang green card holder (3 taon kung ang green card ay nakuha…
[COLUMN] Maximizing recovery in personal injury cases
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…
[COLUMN] California court’s power to make divorce orders when one spouse does not live in state
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…
[COLUMN] Biden’s new US Citizenship Act of 2021 – key highlights
ON February 18, 2021, Pres. Biden and the Democrats formally introduced the “U.S. Citizenship Act” of 2021. It is a massive bill, over 350 pages long, covering a variety of…
[COLUMN] Do I have a community property interest in a house which my spouse acquired before our marriage?
Generally, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under…
USCIS reverts to 2008 version of citizenship test
The United States Citizenship and Immigration Services (USCIS) announced that it will be reverting to the 2008 version of the naturalization civics test beginning March 1, 2021. The agency on…
[COLUMN] Family unification through family-based petitions
ANG family unification ay napakahalaga sa U.S. Immigration Law. Ang family-based immigrant category ay nagpapahintulot sa mga U.S. citizen (USC) at mga green card holder/lawful permanent resident (LPR) na mag-petition…
[COLUMN] Do I have a community property interest in a house which my spouse acquired before our marriage?
“The process of apportioning between the separate and community property component is laid out in the Marriage of Marsden. In that case, the court determined the ratio or percentage in…
House Dems formally introduce sweeping immigration legislation
The U.S. Citizenship Act of 2021 includes an 8-year pathway to citizenship for millions of eligible undocumented individuals Nearly a month after President Joe Biden introduced a sprawling immigration proposal,…
[COLUMN] Information on the Embassy reopening
AS almost everyone is aware, the U.S. Embassy in Manila has not been issuing most immigrant visas since approximately March 2020 because of Covid-19 restrictions and the presidential proclamation, suspending…
Biden, Democrats’ immigration reform bill: A slow start toward pro-immigrant policy, experts say
IMMIGRATION reform, a term that has become synonymous with political gridlock and ideological barriers to entry, may finally be on the horizon after decades of unsuccessful attempts from both Democrats…
[COLUMN] Love wins
SA kasong United States v. Windsor, na lumabas noong Hunyo 2013, sinabi ng U.S. Supreme Court na ang Section 3 ng Defense of Marriage Act (DOMA), na nagsasaad na ang…