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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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USCIS could waive marital interviews on petitions to remove conditions (Form I-751)
STARTING on December 10, 2018, the USCIS could waive (or not require) an interview for a married couple seeking to remove conditions on a conditional green card. Generally, when a…
An overview of the T Visa for trafficking victims
IN this week’s column, we will address T nonimmigrant status, commonly known as the “T Visa.” This temporary immigration status may be available to human trafficking victims who are willing…
Rescinding removal/ deportation order to allow for adjustment of status
“A motion to reopen the removal/deportation proceedings and rescind the removal/deportation order can be filed in Immigration Court.If the motion to reopen the proceedings and rescind the removal/deportation order is successful,…
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…
California divorce with a twist: The military spouse
SAN DIEGO is “military town” and Navy and Marine Corps families abound, as well as retirees from different branches of our military. The military life is a test of resilience…
What do ‘Dates for Filing’ and ‘Application Filing Dates’ mean on the monthly Visa Bulletin?
SINCE October 2015, the monthly Visa Bulletin (priority dates) was revised, adding a new column or chart called the “Application Filing Dates or “Dates for Filing.” (There is also a…
Pentagon to allow green card holders to attend recruit training following court order
Philippines makes up largest number of green card holders in US THE Pentagon will be sending backlogs of green card holders in the military services to basic recruit training in order…
Number of unauthorized immigrants in US reaches historic low, study says
A REPORT from the Pew Research Center released this week found that the number of unauthorized immigrants in the United States has fallen to the lowest level in more than…
Maximizing recovery in personal injury cases
DEAR Attorney Tan, I was driving home and was at a complete stop when another driver rear ended my car. I was not feeling well after the accident, as my…
Can I qualify for a green card despite the petitioner’s death?
CONSIDER this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference…
Warning: US Embassy charging crewmen with fraud, despite approved provisional waivers
IN a shocking and disturbing change in policy, the U.S. Embassy in Manila has begun charging crewmen with fraud when those crewmen return to Manila for immigrant visa processing after…
Establishing legal parentage for unmarried parents
“The document is full recognition that the individuals signing the document are the legal parents of the child.” IN the last column, we provided an overview of child custody and…
What factors will the court look at in awarding spousal support?
“For example, the court may order support for that period of time required for the supported spouse to obtain or complete an education, to allow the supported spouse to take care of…
Preventing abandonment of your green card due to travel abroad
DEAR Attorney, I am a permanent resident, and am planning to visit my loved ones in the Philippines during the holidays. I am planning to leave this week and stay…
Thanksgiving is a time for giving thanks
THANKSGIVING is when people step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such…
USCIS set to continue new policy memo for issuing Notices To Appear
BEGINNING November 19, 2018, the United States Citizenship and Immigration Services (USCIS) may issue Notices to Appear (NTA) based on denials of certain applications, such as Applications for T Non-immigrant…
Seven things you should not do when served with divorce papers by your spouse
FOR most people, being served with divorce papers by your spouse is probably one of the biggest surprises in your life. The spouse in the receiving end of the divorce…
Recent USCIS policy changes
NEW guidance on NTA issuance. In June 28, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued an Updated Guidance for the Referral of Cases and Issuance of Notices to Appear…
Five ways internet and social media presence can affect your divorce case
INTERNET and social media has become a way of life these days. Almost everyone these day have Facebook, Instagram, Tweeter, etc. as part of their daily lives. These media are…
December 2018 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…
Understanding child custody and support in divorce cases
INDIVIDUALS who are in the process of getting a divorce often have questions and concerns about how judges make child custody and support decisions. In today’s column, we will provide basic information on these issues and…
Trump administration faces another legal setback on DACA termination
A panel of federal judges in California on Thursday, Nov. 9 halted the Trump administration’s termination of an Obama-era program that granted benefits to certain eligible undocumented youth including protection…
Petitioning children of your spouse from a previous marriage
A stepparent may file an immigrant petition for a stepchild even without the stepparent having to legally adopt the stepchild. However, before a stepparent may be able to file an…
California Service Center approves less than 7% of Humanitarian Revalidation requests
I HAVE long suspected that with the way the California Service Center (CSC) adjudicates humanitarian revalidation requests, it is virtually impossible for any beneficiary in the Philippines to qualify. Little or…
Trial begins over citizenship question on 2020 Census
The trial over the issue of whether people will be asked about their citizenship in the upcoming 2020 census began Monday, November 5, at a federal court in New York…
Will incorporating a separate property business during marriage make it community property?
YOU own a successful business, as a sole proprietor, prior to marriage. You later meet the love of your life and decide to marry her. Years into the marriage, you…
Trump imposes quota on asylum claims at the border
On Thursday, Nov. 1, President Donald Trump doubled down on his iron fist immigration proposals by announcing plans to call for new limits on asylum requests at the U.S.-Mexico border….
What is ‘extreme hardship’?
IF a person commits certain immigration violations (such as fraud, or overstaying in the U.S. for over six months and then departing, etc.), the person may not be eligible to…
California Divorce
SOMETIMES, divorce happens. The following seeks to address or clarify some common misconceptions about divorce: “What if my husband/wife does not want to sign the divorce?” or “My husband/wife does…