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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Putative spouse status as a defense to a petition for nullity of marriage
“A putative spouse must have had a good faith belief in the existence of a lawful California marriage.” ALL property, real or personal, wherever situated, acquired by a married person…
USCIS announces new H-1B visa procedures
ON January 9, 2020, the USCIS finalized the implementation of a significant change to the processing of H-1B visa petitions this year. Consequently, there will not be a short filing…
Studying in the US under F1 Visa
ANG isang dayuhan na nagnanais mag-aral sa US bilang full-time student ay kailangang kumuha ng student visa mula sa US Embassy o US Consulate sa kanyang bansa. Ang F1 academic…
Putative spouse status as a defense to a petition for nullity of marriage
ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in…
Filipino and Puerto Rican diasporas band together for 2020 Census outreach
For the first time, community organizations in New York and Florida are coming together to get an accurate count of many Puerto Ricans and Filipinos there are, come Census Day…
Vegas AAPI organizations gear up for 2020 census outreach
LAS VEGAS — With Census Day approaching on April 1, local Asian American and Pacific Islander (AAPI) organizations are beginning to encourage community members to fill out the questionnaire. The…
NVC will shred your case if you don’t respond
DEAR Atty. Gurfinkel: I petitioned my married son in 1998 while he was still in the Philippines. He later came to the U.S. on a visitor’s visa and overstayed. We…
Census poses no risk to DACA holders, experts say, encouraging participation
by Pilar Marrero (Ethnic Media Services/La Opinion) In this issue, we continue with our occasional series meant to answer the most frequently asked questions regarding the census. If you have…
Job changes after approved I-140 immigration petition
UPANG makakuha ng employment-based green card, karaniwan ay may tatlong yugto para dito. Ang unang yugto ay ang PERM Labor Certification, kung saan ang US employer ay magpapakita sa US…
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…
Lessons learned: Family should always come first on a brand-new episode of Citizen Pinoy!
NANAY Rosita left her children in 1984 to find greener pastures in the U.S. She took various jobs while she was TnT, until she finally got her green card in…
Changing visa categories and priority dates
WHEN a petition is filed for a family member, the beneficiary (the person being petitioned) is assigned a “priority date,” which is their “place in line” for a visa. They…
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…
Filipinos in US ‘not covered’ in PH visa requirement plan – Palace
FILIPINOS in the United States would not be covered by the Duterte administration’s proposed plan requiring American citizens to obtain visas before entering the Philippines, Malacañang clarified this week. This…
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 nito. Maaaring tanggapin ng…
Five benefits of establishing a revocable living trust
THERE is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest…
Permanent residence based on same sex marriage
“ A civil union or domestic partnership cannot be the basis for a same-sex, marriage-based immigrant petition.” IN United States vs. Windsor, 570 U.S. 744 (2013), the Supreme Court held…
Will signing an untrue confession help your case?
MANY people have consulted with me after their case has been denied by a USCIS officer or consul at the Embassy. In some cases, the person has signed a confession,…
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…
Five benefits of establishing a revocable living trust
There is never the perfect time to think about who you would like to inherit from your estate in case you pass away or at least who among your closest…
Can I get a green card if I had a previoius 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…
Relief for alien victims of criminal activities
ANG U classification ay nagbibigay ng nonimmigrant status sa mga dayuhang biktima ng “qualifying criminal activity”. Noong naging batas ang Victims of Trafficking and Violence Prevention Act of 2000 na…
4 ways filing for divorce can benefit your immigration case
COUPLES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law…
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…
SF Pathways applauds federal judge’s decision to block change to fee waiver form
SAN FRANCISCO – A federal judge has temporarily blocked a rule that would have made it more difficult for low-income immigrants to apply for citizenship. Federal Judge Maxine Chesney of…
Guidance on petition revocations
ALMOST 20 years ago, the U.S. State Department (DOS) provided guidance to consular officers that they should be “judicious” (use good judgment or common sense) about returning approved petitions to…
West Sacramento Mayor Cabaldon: Under Pete Buttigieg, America will be a place of welcome
By Mayor Christopher Cabaldon That a young Irish-German woman from a small Iowa town was asked to become director of the Filipino Community House of Chicago as World War II…
Getting month residency requirement to file a divorce in California
GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage…
L1 intracompany transferees
ANG L1 nonimmigrant visa classification ay nagpapahintulot sa U.S. employer na maglipat ng mga empleyado mula sa kaakibat na kumpanya sa ibang bansa papunta sa kumpanya sa U.S. Ito rin…