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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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November 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…
Permanent residence based on same sex marriage
IN United States vs. Windsor, 570 U.S. ___ (2013) (Docket No. 12-307), the Supreme Court held that Federal restrictions of the terms “marriage” and “spouse” to marriages between a man…
What is the difference between an annulment and a divorce?
WHAT is the difference between a divorce and an annulment? Many people think these concepts are the same and interchangeable. There are many differences between the two concepts. A divorce…
Child support and naturalization
ANG green card holder ay maaaring mag-file ng N400 Application for Naturalization kung ang kanyang green card ay may 5 taon na bago ang filing (3 taon kung ang green…
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…
RELIEF Act could expedite family petitions
ON October 16, 2019, a bill (or proposal) was introduced in the Senate called the “Resolving Extended Limbo for Immigrant Employees and Families Act,” or RELIEF Act (SB 2603). If…
Following court injunctions, immigration experts weigh in on the future of public charge
Five judges impose injunctions, delaying implementation of the new rule that would expand the definition of public charge in immigration After multiple judges halted the Trump administration’s proposed changes to…
New committee seeks to ensure all Filipinos are counted in 2020 census
Fil-Am leaders in Los Angeles launch Filipino Complete Count Committee of LA County In an effort to combat an undercount of the Filipino community, Filipino American leaders in the Los…
Asian American group disappointed in Newsom’s veto of bill protecting imprisoned immigrants from deportation
With California being a “sanctuary state” where law enforcement officers are prohibited from assisting in federal immigration enforcement, it came as a surprise when a bill prohibiting state prisons from…
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…
Reinstatement for surviving beneficiaries of an I-130 petition filed by 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…
New public charge rules effective October 15, 2019
ANG mga panuntunan na nagbago ng mga regulasyon tungkol sa public charge ground ng inadmissibility ay magiging epektibo sa Oktubre 15, 2019. Ipapatupad ng Department of Homeland Security (DHS) at…
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…
Is there hope after a denial? Part 1
MANY people believe that once their case is denied, that is the end of the line. No more hope or chances. There is nothing more they can do, and the…
Reinstatement for surviving beneficiaries of an I-130 petition filed by 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…
Statutory period for GMC
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…
How important is it to have a living trust?
THINKING about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a…
California Divorce with a Twist: The Military Spouse
San Diego is “military town” where Navy and Marine Corps families abound, as well as retirees from different branches of our military. The military life is a test of resilience…
The value of being legal and legal services
“Legal status enables a person to work at a well-paying job equal to their education or experience. If a person is out of status, they may have to accept any…
What factors will the court look at in awarding spousal support?
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…
Can I get a green card if I had a previous marriage 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…
VAWA petition
ANG green card ay maaaring makuha sa pamamagitan ng petition ng isang asawanag US citizen (USC). Subalit may mga pagkakataon na may karahasan na ginagawa ang USC sa kanyang asawang…
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…
Safeguarding your petition, part 3
“If your priority date is already current, but you have received no notices or forms from NVC, you may want to take immediate action to find out the status of…
K-1 fiancé(E) visa: Getting 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…
Do I have a community property interest in a house which my spouse acquired before our 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…
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…
Expedited Removal Explained
THE debate on Immigration and Deportation continues across the board, which has resulted in changing policies within the Department of Homeland Security. What is the process of getting deported? What…
Safeguarding your petition, part 2
IN A previous article I discussed some tips, strategy, and suggestions to safeguard your family-based petition. Here are more suggestions and observations: 5. Notify NVC of beneficiary’s marriage or divorce/annulment….