Marriage fraud bar
ANG isang karaniwang paraan ng pagkuha ng green card ng dayuhang nasa loob ng U.S. ay sa pamamagitan ng family petition ng kanyang asawang US citizen (USC). Dahil ang asawa…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Removing the conditions of your permanent residence without your petitioning spouse’s participation
A PERSON who obtains his/her green card via marriage to a US citizen spouse, and who is married for less than 2 years has conditional permanent resident status. A conditional…
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….
Biden’s compassionate immigration platform
JOE Biden has been declared the winner of the 2020 presidential election. He promises a radical change from Trump’s strict enforcement policies to a policy emphasizing compassion, leniency, and possibly…
Palace hopes Biden admin will relax US immigration policies
WHILE Malacañang expects no major changes in the United States’ foreign policy under President-elect Joe Biden, it hopes for a shift in the U.S. immigration policy that will treat Filipino…
Trump’s ‘public charge’ immigration rule back in effect days after being vacated
A FEDERAL appeals court on Wednesday, November 4 allowed the U.S. Citizenship and Immigration Services (USCIS) to continue enforcing the Trump administration’s expanded “public charge” immigration rule that would deny…
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…
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….
The November 2020 Priority Dates
No Change From October 2020 Dates THE November 2020 priority dates, continue to provide great news for workers in the EB-3 (skilled/professional) and “other worker” (unskilled workers like caregivers). The…
Application for dual citizenship surges, consulate promises to shorten backlog
It took the coronavirus pandemic for many former Filipinos to realize the importance of holding a dual citizenship. The Philippine government temporarily banned the entry of foreigners and suspended the…
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…
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…