The Philippine consulate will not report you to DHS
WHEN applying for almost all USCIS benefits, the USCIS usually requires a person to have a valid, unexpired passport. This is especially true in connection with adjustment of status or…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Rescinding removal/deportation order to allow for adjustment of status
WE have all heard the popular saying, “Timing is everything.” Unfortunately, this saying often adversely applies to those persons who have found an avenue from which to obtain a green…
Do I have a community property interest in a house which my spouse acquired before our marriage?
GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under…
US citizen husband is considered “parent” of wife’s extramarital child, entitling that child to US citizenship
ON August 13, 2018, the Second Circuit Court of Appeals, which is just below the U.S. Supreme Court, saved a person from deportation by concluding his “father” was a U.S….
Do I have a community property interest in a house which my spouse acquired before our marriage?
GENERALLY, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under…
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. …
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 by…
Attorney General Sessions makes it harder to obtain court continuances/ postponements
ON August 16, 2018, Atty. Gen. Jeff Sessions issued an opinion, to be binding on all immigration courts, on when an immigration judge may grant a continuance of deportation/removal proceedings,…
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…
Preventing abondonment of your green card due to travel abroad
A GREEN CARD holder can travel outside the U.S. and return with some limitations. If a green card holder is outside the U.S. for an extended period of time, he…
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…
September 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 priority…
Rights for domestic violence victims
By: Lou Marie Reyes IT is generally taboo to talk about domestic violence within the Filipino community due to certain values and norms that may shape our perceptions about relationships and…
K-1 Fiancé(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…
Can a conditional green card holder file an immigrant petition?
BENEFICIARY spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a…
Legal immigrants may be rejected permanent residency if they’ve used certain welfare programs
About 3.8 million Asians and Pacific Islanders rely on forms of public benefit The White House may go forth with a rule change that would give legal immigrants looking to gain…
New policy memorandum: Unlawful presence for F, J, and M nonimmigrants
USCIS recently announced a change in policy in how the agency calculates unlawful presence for F-1, J-1, and M-1 nonimmigrants and their dependents (F-2, J-2, and M-2 nonimmigrants). According to…
‘Public charge’ refusal voids provisional waiver
I HAVE previously written about provisional waivers, where certain people are not eligible to adjust status (be interviewed for a green card in the U.S.) and must depart the U.S….
Census could overlook millions of Californians in 2020 count, new report says
Proposed citizenship question could affect overall count in certain geographic 2020 is shaping up to be one of the most crucial years in the history of American democracy. Coming up in…
Can I obtain a divorce if my spouse refuse to sign?
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this…
E-2 Treaty investor visa allows for stay in US along with family
“ The benefits of an E-2 Treaty Investor visa include an indefinite period of stay in the U.S. with extensions of the E-2 visa. An E-2 Treaty Investor is allowed…
Can I obtain a divorce if my spouse refuses to sign?
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this…
Court ruling: Trump can’t halt funding to Calif. sanctuary cities
In another blow, a U.S. appeals court on Wednesday, Aug. 1 ruled that it is illegal for the Trump administration to retain federal funding from California’s “sanctuary” jurisdictions. Previously, President…
Good news: USCIS to postpone implementation of NTA memo
IN previous articles, I wrote about a recent USCIS policy memorandum (PM), where USCIS would start issuing notices to appear (NTA) if USCIS denied certain immigration benefits (such as extension…
Trump reaffirms possible government shutdown, calling it ‘small price to pay’ for border security
President Donald Trump made clear on Tuesday, July 31, that he’s serious about shutting down the government if Congress fails to pass new immigration and border security measures like border…
Can I obtain a divorce if my spouse refuse to sign?
”When you file a divorce petition, you have to serve your spouse with the summons and petition.” THERE seems to be a misconception in the general public that you can only…
Checklist – If immigration officers (ICE) knock on your door
“ An ICE deportation warrant is not the same as a search warrant. If this is the only document they have, they cannot legally come inside unless you verbally agree…
Disclosure and characterization of overseas assets in divorce
“For the same reason, the parties to a divorce case is required to disclose all property, separate and community, including those outside the state.” IN a divorce proceeding, people sometimes…
USCIS officers given greater authority to deny immigration applications
SHORTLY after issuing a policy memorandum that significantly expands its authority to issue Notices to Appear (NTAs) referring individuals to immigration court for deportation proceedings, U.S. Citizenship and Immigration Services…
You could face deportation/removal if your case or extension is denied
In a previous article, I wrote about USCIS issuing a Policy Memorandum (PM) about the various categories of cases where a person could face deportation/removal if USCIS denied their petition,…