California divorce, domestic violence, and US immigration laws
CALIFORNIA divorce – “No Fault.” California is a no-fault divorce state. A party filing for divorce does not need the consent of the other in order to file a Petition…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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AC 21: Changing the employer of your employment-based green card application
DEAR Attorney Tan, I have an approved I-140 immigrant petition which was filed by Company A on my behalf. Company A would like to employ me as a bookkeeper. …
Starting the new year fresh with a divorce
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room…
Widows and widowers of US citizens
KADALASAN, kapag ang petitioner ng I-130 Petition for Alien Relative ay namatay, ang petition ay automatically revoked. Subalit may mga beneficiary at family members na pinapahintulutang ipagpatuloy ang kanilang pag-apply…
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…
Thanksgiving is a time for giving thanks
THANKSGIVING is when people step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such…
Is it true that after a year of no communication regarding one’s visa application, the petition will be canceled or dismissed?
Get the answer this Sunday on ‘Citizen Pinoy: Your Tanong, My Sagot’ THE third batch of Kapamilya who attended the tapings in Virginia will get their questions answered on the…
Can I get a green card if I had a 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…
DACA dreamers
NOONG Nobyembre 12, 2019, ang Supreme Court ay duminig ng oral arguments sa tatlong kasong isinampa laban sa desisyon ni President Donald Trump na tapusin na ang deportation protection para…
Waiver of joint petition to remove conditional permanent residency on a marriage entered less than two years
THE Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of…
December 2019 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…
Keeping still and carrying on amid the current immigration climate
Note that Naturalization Applications are highly scrutinized, and individuals should consult with a licensed and experienced immigration attorney with regard to potential issues in their immigration history that may come…
Maximizing recovery in personal injury cases
“Loss of earnings are often a significant part of an injured person’s claim for economic damages. Damages are recoverable for both past and future lost earnings.” DEAR Attorney Tan, I…
Premium Processing Service
ANG USCIS Premium Processing Service ay nagbibigay ng mas mabilis na pag-proseso ng I-140 Immigrant Petition para sa extraordinary ability aliens, outstanding professors and researchers, multinational executives and managers (EB1…
Disclosure and characterization of overseas assets in divorce
IN A divorce proceeding, people sometimes have a misconception that the only assets or properties that have to be disclosed are those situated in California. Even worse, sometimes parties even…
Is there still hope for the petition if after all documents and visa fees have been submitted, the petitioner dies?
Get the answer this Sunday on — “Citizen Pinoy: Your Tanong, My Sagot” THIS Sunday on TFC, the second batch of Kapamilya who attended the tapings in Virginia will get…
Outright denials for missing information or documents
WHEN a person files a petition or application, certain information and documents are required as part of the filing. For example, if a person is being petitioned by a spouse,…
Keeping still and carrying on amid the current immigration climate
DAILY news reports flooding our already fatigued psyches have been fixated on Immigration, and the way to cut through the noise and confusion is to keep still and stay focused….
Are green cards for Filipino educators the answer to teacher shortages in rural America?
By Alice Sarmiento, NextDayBetter Storytelling Associate For many of us, school is like a home away from home, with our teachers acting as our parents. But in the United States,…
Doubts about the Census: How will the first online census work and who guarantees confidentiality?
As 2020 approaches, many readers have questions about the upcoming census. If you have a question or any doubts about the Census, please write to [email protected] and we will consult…
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…
Waiver of joint petition to remove conditional permanent residency on less than 2-year-old marriage
THE Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of…
The Child Status Protection Act (CSPA)
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”. …
Philippines new deportation rule: Leave country even on appeal
Justice Undersecretary for Immigrations Markk Perete on Friday, November 1, said new deportation rules stating that a foreigner ordered to be deported have to leave the country after 30 days…
Is there hope after a denial? Part 2
IN a previous article, I discussed some situations where there could still be hope (or a chance) even if the case was denied. Here are more examples: Petitioner died Ordinarily,…
Playing the waiting game: Processing delays at USCIS
CASE example: I-751 applications In her article entitled “Agency Delays Enact the Administration’s Immigration Agenda” Sandra Feist examines the processing delays currently plaguing one particular application: the Removal of Conditions…
Groups sue Trump admin for making it ‘much harder’ for low-income immigrants to get citizenship fee waived
The city of Seattle, Wash. and five legal organizations have filed a lawsuit in California on Wednesday, October 30 against the Trump administration for changing the requirements for naturalization, which…
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…
Getting around the six 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…
3-year and 10-year bar rules
“The alien who receives an I-94 starts accruing unlawful presence after the date of authorized stay indicated in the I-94. Hence, the alien must exit the US on or before…