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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Petitions for adult children of LPR/USC
SA ilalim ng U.S. Immigration Law, mayroon dalawang uri ng family-based immigrant visas: (1) Immediate Relative: asawa, dalaga o binatang anak [na wala pang 21 taon gulang], o magulang ng…
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…
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…
Signing an untrue confession will not help your case!
Many people consulted with me after their case was denied by a USCIS officer or consul at the Embassy. In some cases, the person signed a confession, but now claims…
Marriage during removal proceedings
Ang I-130 Petition for Alien Relative ng isang U.S. citizen (USC) o lawful permanent resident (LPR) para sa kanyang dayuhang asawa batay sa kasal nila na naganap noong ang dayuhan ay nasa…
How widows of US citizen scan still get their green cards
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…
Why didn’t you file a petition already?
Dear Attorney GURFINKEL: I immigrated to the U.S. in 2008 through my mother’s F-3 petition (married son/daughter of U.S. citizen), which she filed in 1990. At the time my petition…
Automatic revocation of wills and trust upon entry of divorce or nullity judgment
YOU just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse…
Job changes after approved I-140 immigrant petition
Upang makakuha ng employment-based green card, karaniwan ay may tatlong hakbang para dito. Ang unang hakbang ay ang PERM Labor Certification, kung saan ang U.S. employer ay magpapakita sa U.S….
Automatic revocation of wills and trust upon entry of divorce or nullity judgment
You just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse…
Could have been in the US years ago
Dear Atty. Gurfinkel: I was petitioned by my mother as a married child (F-3) in April 2001. However, I discovered that my wife had cheated on me, so I had…
Relief for denied naturalization application
KAPAG ang USCIS ay nag-deny ng application for naturalization, ang USCIS ay magbibigay ng Notice of Denial na nagsasaad ng legal at factual na dahilan sa denial. Maaaring tanggapin ng…
K-1 visa: Fiancé visa to marry US citizen
IN previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and…
PH Bureau of Immigration: Travel restrictions still in place
TRAVEL restrictions to enter the Philippines are still in effect as the pandemic continues, the country’s Bureau of Immigration (BI) reminded the public on Wednesday, October 7. Immigration Commissioner Jaime…
No mercy or compassion with some immigration laws
SOME people hope or believe that if consuls or immigration officers hear their grave predicament, they would be filled with mercy and compassion and approve their case. If their situation…
POEA allows newly-hired health care workers to leave PH
NEWLY-hired Filipino health care workers with signed contracts as of August 31, 2020 may now leave the country to work overseas, the Philippine Overseas Employment Administration (POEA) announced Tuesday, October…
Will I have to pay spousal support if I file for divorce?
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…
DHS proposes tougher rules for sponsors
ON October 1, 2020, the Department of Homeland Security (DHS) announced it will propose new rules making “it easier to hold immigrant sponsors accountable for failing to meet the obligations…
Humanitarian reinstatement of I-130 petition
KAPAG ang petitioner ng approved I-130 Petition ay namatay bago makuha ng principal beneficiary ang kanyang immigrant visa o green card, ang I-130 Petition ay automatically revoked. May mga sitwasyon…
Writ of Mandamus relief for unreasonable delay in pending immigration filings
A COMMON question that is asked by a person who has a pending immigration petition or application is “how much longer until USCIS makes a decision?” The question is understandable,…
Will I have to pay spousal support if I file for divorce?
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…
When is my prenuptial agreement not enforceable?
MANY people are of the perception that simply downloading a prenuptial agreement from the internet and signing it with their fiance offers them a bullet proof protection from a divorce….
October 2020 priority dates: Employment-based petitions are current!
The October 2020 priority dates 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…
About the Child Status Protection Act
ANG Child Status Protection Act (CSPA) ay naging epektibo noong Agosto 2002. Ang CSPA ay isinabatas upang mapanatili ang “child status” ng ilang mga beneficiary na maaaring mag-”age out”. Ang…
Study: Immigrant-centered shows lead to ‘inclusive attitudes’ about immigrants
THE buzzword in entertainment is diversity, and has been for the last half-decade. The great fight for more ethnic and gender minority representation reached mainstream status in 2016 but when…
K-1 petition denied; should we marry?
DEAR Attorney Gurfinkel: I am a U.S. citizen, and filed a K-1 (fiancé) petition for my girlfriend in the Philippines. Unfortunately, the case was denied. I was told by friends…
Selective service registration for naturalization
Ang isang lalaking lawful permanent resident (LPR) o green card holder na nasa pagitan ng 18 hanggang 26 taon gulang ay kailangang magrehistro para sa Selective Service at magpakita ng…
Should I appeal or refile?
DEAR Attorney Gurfinkel: I just received a denial from USCIS, giving me 33 days to file an appeal. I truly think I was eligible, but am so heartbroken. Would you…
New Jersey allows undocumented immigrants to obtain professional licenses
NEW JERSEY Governor Phil Murphy has signed a bill allowing the approximately 500,000 undocumented immigrants who live in the state to be able to apply for professional licenses. “This eliminates…