I-601A Provisional unlawful presence waiver
ANG isang dayuhan na ineligible sa pagkuha ng green card sa loob ng US dahil sa unlawful presence ay maaaring mag-apply ng I-601A Provisional Unlawful Presence Waiver bago siya umalis…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
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…
US Embassy still open, despite USCIS Manila field office closure
RECENTLY, the USCIS announced it will be closing its Manila field office. This has created a lot of confusion and panic among Filipinos. Some people are asking that with the…
Will a domestic violence finding affect my claim for sole or joint custody of our children?
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or…
K-1 fiancè(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…
U nonimmigrant classification
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…
Manila part of Trump admin’s closure of international immigration offices
THE United States Citizenship and Immigration Services (USCIS) office in Manila will shut down as part of the Trump administration’s decision to cease operations of the agency’s 23 international locations….
Nothing has been happening on my petition all these years
DEAR Atty. Gurfinkel: I am a U.S. citizen, and petitioned my sister and her family in 1995. It has now been almost 25 years, and nothing seems to be happening…
Keeping up with immigration news: The fight for DREAMers
ON June 4, 2019, CBS News reports that House Democrats passed its latest version of the DREAM Act, called the DREAM and Promise Act of 2019. The bill will be…
AAPI communities urged to participate in 2020 Census
Asian American and Pacific Islanders (AAPIs), which are considered the fastest-growing minority group, are encouraged to participate in the upcoming 2020 Census despite concerns about privacy and language barriers. During…
US will require social media info from visa applicants
The United States State Department on Friday, May 31, issued a policy that requires visa applicants to provide the details of their social media accounts including their usernames, previous email…
Bill to protect undocumented immigrants passes in the House
H.R. 6 would give millions of undocumented youth and other eligible immigrants under TPS and DED a path toward permanent resident status On Tuesday, June 4 Democratic-led House of Representatives…
Filipina seeks asylum for sheltering Snowden
Two months after being granted asylum in Canada, Filipina Vanessa Rodel and her 7-year-old daughter Keana, who helped shelter whistleblower Edward Snowden in Hong Kong, are settling into life in…
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…
VAWA and good moral character
NOONG isang linggo ay aking tinalakay ang pagkuha ng green card sa pamamagitan ng VAWA self-petition. Kahit ang batas ay tinatawag na Violence Against Women Act, ang VAWA ay naaangkop…
Reinstatement for surviving beneficiaries of an I-130 petition filed by a 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…
Trump cracking down on immigrants who receive public assistance
ON May 23, 2019, Pres. Trump issued a memorandum to strictly enforce obligations under affidavits of support (Form I-864), including: • Seeking reimbursement from sponsors when the sponsored alien receives…
Maximizing recovery in personal injury cases
“The first step is to make sure that any injuries that you have suffered in the accident are examined and treated. You can recover treatment costs since they are considered…
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…
VAWA self-petition
NOONG isang linggo ay aking tinalakay ang pagkuha ng green card sa pamamagitan ng kasal sa isang US citizen (USC). Ngunit may mga pagkakataon na may karahasan na ginagawa ang…
Employer-sponsored green cards are still available despite H-2B ban
THE USCIS has “de-listed” (or banned) Filipinos from applying for the seasonal/temporary H-2B visa. (This visa allows U.S. employers to bring foreign nationals to the United States to fill temporary…
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…
Democrats criticize Trump’s new immigration plan that would slash family-based petitioning
California Sen. Kamala Harris denounces the perceived “hierarchies”of immigrants the plan would impose AS reported by the Asian Journal last week, the Trump administration unveiled its new immigration plan that…
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…
Green card through marriage
NOONG isang linggo ay aking tinalakay ang pagkuha ng green card sa pamamagitan ng family-based petitions. Ang isa sa pinakakaraniwang paraan sa pagkuha ng green card ay sa pamamagitan ng…
Will my divorce reduce my wait time for green card?
DEAR Attorney Tan, I am a Filipino living in Los Angeles. I am a US Citizen who filed an immigrant petition for my adult son in June 2005. At the…
The most common path to US citizenship
IN this week’s column, we will discuss the most common path to United States citizenship. This path allows a green card holder (lawful permanent resident) of at least five years…
The calm in the eye of the storm: Celebrating 10 years of service to our community
RECENTLY, I was reminded that our law firm will be celebrating its 10-year anniversary this May 2019. Though I joined this amazing band of legal warriors only in 2012, I…
June 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…