Just say no: Legal advice from the internet
“MY brother’s neighbor’s girlfriend’s uncle had the same exact case and it got approved and they did not use an attorney.” I’ve heard this many times to have developed a…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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New ‘public charge’ regulations could result in more denials
“Trump doesn’t want new immigrants living off of taxpayers. Instead, they either must support themselves or seek support from their family members, especially from the one who signed the affidavit…
Some children born overseas to American parents will no longer be considered US citizens
CERTAIN children born outside of the United States will no longer be automatically U.S. citizens due to a new policy issued by the U.S. Citizenship and Immigration Services (USCIS) on…
Modifying down child and spousal support obligation after a divorce
DIVORCED parties are sometimes ordered to pay child support and spousal support in the divorce judgment. The support orders are generally based on the parties’ financial situation and custody arrangements…
Permanent residence for crewmen
DEAR Attorney Tan, I entered the US in 1998 as a crewman. I have recently married a US citizen and would like to get a green card. However, I have…
State Dept.’s 90-day rule
“Before an alien’s nonimmigrant visa is approved, a U.S. consular officer must first determine whether the alien seeks to enter the U.S. permanently.” BAGO maaprubahan ang nonimmigrant visa ng isang…
Date of marriage on illegitimate child’s birth certificate should not harm single parent’s petition
DEAR Atty. Gurfinkel: I was petitioned as “single” by my immigrant (green card) parent in 2008. The priority date is now current, and I am getting paperwork and forms from…
Trump says he’s ‘seriously’ looking to end US birthright citizenship
President Donald Trump said he is “very seriously” considering putting an end to U.S. birthright citizenship, which grants legal citizenship to those born in the country regardless of where their…
Writ of Mandamus relief for unreasonable delay in pending immigration filings
A COMMON question that is asked by a person who has a pending immigration petition or application is “how much longer until USCIS makes a decision?” The question is understandable,…
Do I need a premarital agreement before getting married?
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired…
Inadmissibility due to public charge
Noong Agosto 12, 2019, ang USCIS ay nagpahayag ng final rule na nagbabago ng mga regulasyon ng Department of Homeland Security (DHS) tungkol sa public charge. Sa ilalim ng Immigration…
DHS announces final rule on Public Charge ground of inadmissibility
ON August 14, 2019, the Department of Homeland Security (DHS) published a final rule governing the public charge grounds of inadmissibility under the Immigration and Nationality Act (INA). The rule is set…
September 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…
States, organizations file lawsuits against Trump admin’s ‘public charge’ rule that would affect immigrants
States and organizations around the country are reacting to the public charge rule released by the U.S. Department of Homeland Security earlier this week, which would affect immigrants who have…
Silicon Valley elementary school named after Filipino Pulitzer Prize-winning journalist, immigration activist
MOUNTAIN VIEW, Calif.— After seeing two schools close down in the city over the past 19 years, an elementary school named after a Filipino Pulitzer Prize-winning journalist and immigration activist was…
Petition denied based on petitioner’s prior fixed marriage
MANY people believe that once they obtain a green card through marriage, they are “home free” as far as their legal status is concerned. They are now green card holders….
News on Filipino WW2 Veterans Parole Program
SA ilalim ng Immigration and Nationality Act, ang Kalihim ng Homeland Security ay may discretion na magbigay ng parole. Ang parole ay nagpapahintulot sa ilang mga dayuhang inadmissible o may…
Maximizing recovery in peronal injury cases
UNDER Howell v. Hamilton Meats & Provisions (2011) 52 C.4th 541, the California Supreme Court ruled that persons who are injured and who are pursuing a personal injury claim cannot…
How can INA section 245(i) benefit you?
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1…
Petition denied based on petitioner’s prior fixed marriage
MANY people believe that once they obtain a green card through marriage, they are “home free” as far as their legal status is concerned. They are now green card holders….
Largest national AAPI workers’ organization elects diverse leadership, sets bold vision for organization
15th Biennial Asian Pacific American Labor Alliance, AFL-CIO (APALA) concludes with commitment to AAPI community and worker rights LAS VEGAS — The Asian Pacific American Labor Alliance, AFL-CIO (APALA) concluded…
Immigration updates: F2A category current for July, DACA, USCIS Manila Field Office
F2A CATEGORY (FAMILY-SPONSORED PREFERENCE CASES) CURRENT FOR JULY 2019. The Department of State posted the Visa Bulletin for July 2019, showing the Final Action Date chart for family-sponsored preference cases…
New rule change may affect millions of legal residents seeking citizenship or permanent residency
THE Trump administration has focused a lot on actions to curb illegal immigration in the last two years, but new regulation changes released on Monday, August 12 may have a…
E-2 Treaty investor visa allows for stay in US along with family
DEARAttorney Tan, I would like to know if there is any way for my family and I to stay in the US if I invest in a US business. While…
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 disclose assets and properties situated in California. Even worst, sometimes parties even…
Fiancé(e) petition
ANG isang US citizen (USC) ay maaaring mag-file ng petition upang madala ang kanyang fiancé(e) bilang K1 nonimmigrant upang magpakasal sila sa US. Kailangang maipakita ng USC ang mga sumusunod: …
Terminating a failed marriage could ‘expedite’ your petition
DEAR Atty. Gurfinkel: I was petitioned by my U.S. citizen parent in 2008 as a married child (category F-3). However, I am now separated from my spouse, as he was…
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…
Advocates respond to USCIS plan to cut parole for family of Filipino WWII vets
Filipino American veteran organizations are decrying the U.S. Citizenship and Immigration Services (USCIS) announcement to terminate the pathway that reunited Filipino World War II veterans with their families. USCIS on…
Consequences of failing to disclose material asset, income, facts and information in a divorce case
THERE is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law…