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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
Trump signs executive order to reestablish AAPI commission
PRESIDENT Donald Trump on Monday, May 13 signed an executive order to advance the “economic empowerment” of Asian Americans and Pacific Islanders (AAPI). The order, which comes during Asian Pacific…
How to obtain custody and visitation rights for unmarried dads
ESTABLISHING parentage rights for Moms is a lot easier than establishing one for unmarried Dads. Moms can establish this by simply showing proof of her having given birth to the…
Fees to NVC are application fees, not visa issuance fees
DEAR Attorney Gurfinkel: I’m a U.S. citizen and petitioned my married son many years ago when my grandchildren were still very young. When the priority date became current, the National…
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,…
Green card through employment
ANG green card ay maaaring makuha ng isang dayuhan sa pamamagitan ng employment-based (EB) petitions. Kailangan ng sponsorship ng US employer para sa isang permanenteng posisyon sa kumpanya. May…
PH gov’t to tighten rules on work permits
The Bureau of Immigration on Wednesday, May 1, announced that the government will tighten rules on issuing work permits for foreigners “to ensure that jobs that can be done by…
Employer-sponsored green cards are still available despite H2-B ban
RECENTLY, the USCIS “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…
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…
I filed my own divorce but I can’t finish it
MANY people try to file and open their own divorce case without an attorney in an effort to save on legal fees. Often, the self-represented divorce litigant would seek…
Permanent residence based on same-sex marriage
IN United States vs. Windsor, 570 U.S. 744 (2013), the Supreme Court held that Federal restrictions of the terms “marriage,” and “spouse” to marriages between a man and a woman…
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…
Changing status from B2 visitor to F1 student
NOONG huli kong artikulo, aking tinalakay ang Form I-539 Application to Extend/Change Nonimmigrant Status na ginagamit para palawigin o baguhin ang status ng aplikanteng nandito sa US sa ilalim ng…
May 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…
Humanitarian Parole for urgent medical and family cases
CARLOS is a married child petitioned by his U.S. citizen father. His priority date is October 30, 1992 and it’s just a matter of months before his visa becomes available. …
Traveling outside the US as a lawful permanent resident
IN this week’s column, we will address immigration issues that may come up for lawful permanent residents (green card holders) who travel outside of the United States. Lawful permanent residents…
Can I get a green card if I had a previoius 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…
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…
State department reports many Filipino family-based visas go unclaimed, resulting in the case being shred and priority date lost
RECENTLY, officials from the U.S. State Department discussed the monthly Visa Bulletin and the movement of priority dates. (A priority date is a person’s “place in line” for an immigrant…
Watchdogs cite lax medical and mental health treatment of ice detainees
by Sarah Varney It’s Saturday morning and the women of the Contreras family are busy in Montclair, Calif., making pupusas, tamales and tacos. They’re working to replace the income of…
2018 Tax changes that affect divorcing couples
THE Tax Cuts and Jobs Act, which was recently enacted into law, impact various issues in a divorce case. These changes are effective beginning 2018 through 2025. Spousal Support. Spousal…