March 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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Love and deportability: Divorce, domestic violence, and immigration laws
WHAT if I do not have legal papers, and my spouse is abusive? If safety is a concern, we urge people to seek help first, particularly if there are minor…
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…
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…
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…
What happens if the beneficiary of a petition dies?
MOST people are aware that if the petitioner (person who files a petition) dies, the beneficiary (family member being petitioned) may apply for humanitarian revalidation/reinstatement. If USCIS approves the request,…
The Attorney-Client Relationship
AS attorneys, we get frantic or panicked phone calls from our clients worried about their cases. It’s a natural response – nobody wants to be in a place of unknowing…
New public charge rule to be implemented
“ The public charge inadmissibility rule mainly impacts those seeking green cards or immigrant visas.” NOONG Enero 27, 2020, ang U.S. Supreme Court ay naglabas ng ruling na nagpapahintulot sa…
Maximizing recovery in personal injury cases
“ The monetary value of sick leave and vacation time that are used due to the injury are also recoverable.” DEAR Attorney Tan, I was driving home and was at…
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…
Mediation on divorces
by: Atty. Ethelene F. Salas DIVORCES or any family law related problems do not have to get costly and lengthy. These problems can carry its own set of stresses that…
Supreme Court clears way for new public charge regulations
According to USCIS, “self-sufficiency has been a core tenant of the American dream. Self-reliance, industriousness, and perseverance laid the foundation of our nation and have defined generations of hard-working immigrants seeking…
Love and deportability: Divorce, domestic violence and immigration laws
WHAT if I do not have legal papers, and my spouse is abusive? If safety is a concern, we urge people to seek help first, particularly if there are minor…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
Divorcing couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee…
Should the family pay for an ‘expensive approval’?
After the Petitioner died, three Humanitarian Revalidation requests were denied TATAY Samuel petitioned his eldest child, Ismael, in 1996. However, Tatay Samuel died in 2014, and his petition “died” with…
Can I get a green card if I had previous marriage petition denied based on fraud?
DEAR Attorney Tan, I recently married a US Citizen, who is my second husband. He has filed an immigrant visa petition and green card application for me. My husband recently…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee…
The new H1B cap registration system
NOONG Enero 9, 2020, ang USCIS ay nagbigay ng pormal na anunsyo ng implementasyon ng H1B registration process para sa Fiscal Year (FY) 2021 H1B cap-subject petitions. Kasama sa H1B…
Filipino church leaders arrested in immigrant trafficking scam
Three Filipino church leaders based in the United States were arrested by Federal Bureau of Investigation (FBI) agents on Wednesday, January 29, for allegedly trafficking its members from the Philippines…
PH not on list of countries eligible for H-2A and H-2B visa programs
THE U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced last week the list of countries whose…
Should the family pay for an ‘expensive approval’?
After the petitioner died, three humanitarian revalidation requests were denied TATAY Samuel petitioned his eldest child, Ismael, in 1996. However, Tatay Samuel died in 2014, and his petition “died” with…
No visas for ‘offspring’
Children of derivatives, called “Offspring,” are NOT eligible for immigrant visas. This would include any babies of Derivative Children (or grandchildren of the Primary Beneficiary). DEAR Atty. Gurfinkel: Years ago,…
Supreme Court allows ‘public charge’ rule expansion that could impact legal immigration
The United States Supreme Court allowed the Trump administration to proceed with enforcing changes to the public charge rule that could deny legal permanent residency status to certain immigrants if…
AAPI organizations in LA launch collaborative for 2020 census outreach
Community organizations in Los Angeles launched a collaborative campaign this week to encourage participation in the 2020 census as Asian American and Pacific Islanders (AAPIs) risk being undercounted. Led by…
K-1 fiancé(e) visa: Getting your significant other to the United States
SEVERAL options exist for a US 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…
Inadmissibility due to false claim to US citizenship
ANG isang dayuhan na may false claim ng US citizenship upang makakuha ng mga benipisyo sa ilalim ng federal law o state law ay maaaring maging inadmissible. Ang mga sumusunod…
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…
Puerto Rican and Filipino groups join forces for 2020 Census
NEW YORK — For the first time, community organizations in New York and Florida are coming together to ensure Puerto Ricans and Filipinos are correctly counted come Census Day on…
February 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…
California divorce with a twist: The military spouse
SAN Diego is “military town” and Navy and Marine Corps families abound, as well as retirees from different branches of our military. The military life is a test of resilience…