[COLUMN] No principal, no derivatives
WHEN a person is petitioned for a green card, they are called the “principal beneficiary.” In some cases, the petition includes their spouse and minor children, who are called “derivative…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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[COLUMN] Can a divorce couple agree to pay for their adult children’s college expenses in their divorce judgement?
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduate high school. They want a guarantee…
[COLUMN] Reinstatement for surviving beneficiaries of an I-130 petition filed by a deceased relative
DEAR Attorney Tan, My U.S. Citizen mother filed an I-130 immigrant petition on my behalf, which has a priority date in February 2000 and which has been approved. She filed…
[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] What are motions to reconsider and reopen?
What are motions to reconsider and reopen? WHEN a person has been placed in deportation/removal proceedings, they would ordinarily receive a decision from the immigration judge (IJ), or, if they…
[COLUMN] A border of bureaucracy has kept my family apart for 35 years
by Michael Milan I was born in Los Angeles to immigrant parents from the Philippines. My father served in the U.S. Navy and my mother was a registered nurse who…
[COLUMN] Dealing with assets omitted from a divorce case
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain….
[COLUMN] Embassies are reopening: When will your family be interviewed?
IN a previous article, I reported that on February 24, 2021, Pres. Biden revoked Trump’s immigration ban, which was set to expire at the end of March 2021. Because of…
[COLUMN] Removal of conditions on green card
Kapag ang green card ay nakuha sa pamamagitan ng kasal sa isang U.S. citizen (USC) at ang kasal ay wala pang 2 taon noong naaprubahan ng USCIS ang green card…
[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…
[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…