How come the consul said my child ‘aged out?’
DEAR Atty. Gurfinkel: My sister petitioned me back in 1997, when my child was still a baby. Recently, the priority date became current. We paid all the fees and submitted…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Supreme Court rejects citizenship question on 2020 Census
The Supreme Court on Thursday, June 27 rejected the Trump administration’s citizenship question from being included in the 2020 Census questionnaire. In his majority opinion released after the 5-4 ruling,…
Grounds for annulling a marriage
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” …
Naturalization process
ANG naturalization ang proseso ng pagbigay ng US citizenship sa isang dayuhan pagkatapos niyang ipakita na kanyang nasunod lahat ng kailangan sa ilalim ng Immigration and Nationality Act (INA). Ang…
Maximizing recovery in personal 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…
Filipina arrested in the US for recruiting OFWs illegally
Filipina Maria Luisa Estrella Jaidi is facing a maximum of 10 years in prison after she arrested in the United States for visa fraud and illegally recruiting workers. Jaidi, who…
Mother’s eight-month delay in filing petition causes extra 12-year wait for daughter
I RECENTLY had a consultation where a mother’s confusion and lack of understanding of immigration law resulted in her delaying filing a petition for her minor child for approximately eight…
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…
Trump delays ICE raids two weeks unless Congress finds solution
OVER the weekend, President Donald Trump cancelled the massive Immigration and Customs Enforcement (ICE) raids of undocumented immigrants that were scheduled for Sunday, June 23. Trump’s reversal came hours before…
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. …
Preparing for your naturalization interview
“Depending on your English ability and comfort level, you can either study on your own or take a class. “ THE naturalization interview is the last stage you need to embark…
How will your 401K retirement plan be divided in a divorce case?
FOR most families, their 401K retirement plan from work is the second largest asset an average family holds (second only to their family residence). How is this treated in a…
I-601 Waiver vs. I-601A Waiver
NOONG isang linggo ay aking tinalakay ang I-601A Provisional Unlawful Presence Waiver. Ito ay iba sa I-601 Waiver of Grounds of Inadmissibility na aking tatalakayin ngayon. Ang I-601A Waiver…
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…
July 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…
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…
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…
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…