Fiancé(e) petition
ANG isang U.S. citizen (USC) ay maaaring mag-file ng petition upang madala ang kanyang fiancé(e) bilang K1 nonimmigrant at magpakasal sila sa US. Kailangang maipakita ng USC ang mga sumusunod:…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Can I get a green card if I had a previous marriage petition denied based on fraud?
DEAR Attorney Tan, I recently married a U.S. Citizen, who is my second husband. He has filed an immigrant visa petition and a green card application for me. My husband…
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…
The August 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 priority…
Trump signs memorandum excluding undocumented immigrants from census count
Legal and civil rights organizations condemn Trump for blocking ‘undocumented immigrants from fair representation’ United States President Donald Trump on Tuesday, July 21 signed a memorandum that would exclude undocumented…
Trump administration must accept new DACA applications, judge orders
A federal judge on Friday, July 17, ordered the Trump administration to begin accepting new applications for the Deferred Action for Childhood Arrivals (DACA) program following growing complaints that new…
Social media and US visa applicants
SA panahon ngayon ng pandemic at dahil sa madaming lockdown order sa buong mundo, marami ang nagtatrabaho mula sa bahay o WFH. Marami rin ang bumabaling sa social media upang…
K-1 fiancé(e) visa: Getting your significant other to the United States
SEVERAL options exist for a U.S. citizen to bring his/her foreign-national fiancé(e) to the United States. One popular option is to marry the fiancé(e) in the country in which he/she…
What is a postnuptial agreement?
A POSTNUPTIAL agreement is a contract between you and your spouse entered into after you get married resolving issues in your marriage. It is similar to a prenuptial agreement except…
Trump admin drops visa restrictions on int’l university students after mounting pressure
After receiving backlash and pressure from universities, students, and technology companies, the Trump administration on Tuesday, July 14, reversed a policy that prohibited international university students from continuing their studies…
Fixed fiancée visa is same as fixed marriage
THE Board of Immigration Appeals (BIA) recently held that a person caught applying for a K-1 fiancée visa in a “fixed relationship” (meaning having no intention to have a life…
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…
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 ay…
Can I obtain a divorce if my spouse refuses to sign?
THE 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…
Permanent residence based on same-sex marriage
IN United States vs. Windsor, 570 U.S. 744 (2013) (Docket No. 12-307), the Supreme Court held that Federal restrictions of the terms “marriage” and “spouse” to marriages between a man and…
Is Pres. Trump opposed to the Declaration of Independence?
OVER the 4th of July holiday, Pres. Trump praised the Declaration of Independence as a “beacon of liberty, prosperity, and opportunity for all: “The principles grounded in the Declaration of…
Your immigration questions answered by leading US immigration attorney on special ‘social distancing’ episode of ‘Citizen Pinoy!’
EVEN in the time of the COVID-19 pandemic, life goes on, and there are many people who have concerns about the latest immigration policies and how they affect their case….
Proclamation suspending entry of individuals who present ‘risk’ to US labor market
NOONG Hunyo 22, 2020, si President Trump ay naglabas ng Proclamation na nagsususpinde ng pagpasok ng mga dayuhang maaaring magdulot ng panganib sa U.S. labor market pagkatapos ng epekto ng…
Maximizing recovery in personal injury cases
“To recover for past lost earnings, a person must prove the amount of income or earnings that he/she has lost to date.” DEAR Attorney Tan, I was driving home and…
Do I have a community property interest in a house my spouse acquired before 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…
But my child was a baby when the petition was filed!
DEAR Atty. Gurfinkel: My sister petitioned me in 2001 in the F-4 category, (brother/sister of a U.S. citizen) when my child was still a baby. Recently, the priority date became current….
Family law issues during the COVID-19 pandemic
Custody and visitation orders are not affected by stay at home orders or other order restricting movement issued by a governmental entity that arises from the COVID-19 pandemic. THE COVID-19…
Medical and legal experts weigh in on public charge in the COVID-19 pandemic
The pandemic’s impact on the immigrant community presents more public health and financial risks for undocumented individuals and their families Since the beginning of President Donald Trump’s presidency, his administration…
All incoming first-year students at University of Delaware assigned Jose Antonio Vargas’ best-selling memoir
ALL incoming first year students at the University of Delaware will be required to read the memoir “Dear America: Notes from an Undocumented Citizen” by Filipino American Pulitzer Prize-winning journalist…
I-601A provisional unlawful presence waiver
ANG isang dayuhan na ineligible sa pagkuha ng green card sa loob ng U.S. dahil sa unlawful presence ay maaaring mag-apply ng I-601A Provisional Unlawful Presence Waiver bago siya umalis…
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…
Family law issues during the COVID-19 pandemic
THE COVID-19 Pandemic has changed our lives almost overnight. Not only has it changed our lives in terms of our daily routine, jobs, lifestyle, but also our relationship with our…
Trump extends and expands proclamation ‘suspending’ immigration
ON June 22, 2020, President Trump issued another Executive Order (EO) or Proclamation, extending his April 22, 2020 proclamation to December 31, 2020, and expanding its scope to also include…
Trump signs order temporarily freezing worker visas, prefers ‘merit-based system’
CERTAIN foreign workers will be barred from seeking employment in the United States as President Donald Trump on Monday, June 22 signed an executive order that places a temporary freeze…
Abandonment of green card
Ang green card o permanent resident card ang patunay na ang isang indibidwal ay may lawful permanent resident (LPR) status sa U.S. Subalit ang LPR status ay hindi talagang permanente…