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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
Birth of US citizens abroad
KUNG ang magulang na U.S. citizen (USC) ay magkaroon ng anak na isinilang sa ibang bansa o sa labas ng U.S., ang kapanganakan ay dapat iulat sa lalong madaling panahon…
How to naturalize as a US citizen
TO most immigrants, obtaining their greencard has been a long and challenging journey. However, it should not be regarded as the final destination. The real American dream is to become…
Getting an abusive green card
DEAR Atty. Gurfinkel: I married a U.S. citizen for love, hoping we would live “happily ever after.” Unfortunately, soon after marriage, he changed. He drank a lot, gambled, took drugs,…
Child support and naturalization
Ang green card holder ay maaaring mag-file ng N-400 Application for Naturalization kung ang kanyang green card ay may 5 taon na bago ang filing (3 taon kung ang green…
Reinstatement for surviving beneficiaries of an I-130 petition filed by a deceased relative
DEAR Attorney Tan, My US 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…
Can I qualify for a green card despite the petitioner’s death?
Consider this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference…
Why did you wait so long?
DEAR Atty. Gurfinkel, I was petitioned by my sister in 1990, and immigrated to the U.S. in 2013. Unfortunately, I had to leave behind my eldest child because she had…
Statutory period for good moral character
ANG aplikante para sa naturalization ay kailangang magpakita na sa loob ng statutory period na 5 taon bago ang filing (3 taon kung ang green card ay nakuha dahil sa…
Modifying down child and spousal support obligation after a divorce
DIVORCED parties are sometimes ordered to pay child support and spousal support in the divorce judgment. The support orders are generally based on the parties’ financial situation and custody arrangements…
The September 2020 Priority Dates
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A…
BI orders tighter screening of foreigners claiming marriage to Filipinos
IMMIGRATION officers at Manila’s Ninoy Aquino International Airport (NAIA) and other entry ports have been advised to tighten the screening of foreigners who claim they are married to Filipinos before…