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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
Read More
‘DACA is dead,’ says Trump ahead of policy change announcement
The program that protects the roughly 700,000 young immigrants brought to the United States illegally as children was declared “dead” by President Donald Trump on Monday, April 2. His comment…
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…
The presumption of “undue influence” in transactions between spouses during the marriage
California law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good…
Disaggregated data among Asian Americans a risk in upcoming 2020 Census
The 2020 Census is underway with only two years left to go, and for Asian Americans, the upcoming census is being seen as either an opportunity for being accurately counted,…
Can my relative petition me for an employment-based green card?
Dear Attorney Gurfinkel: My aunt owns a care home, and wants to petition me as a caregiver. However, I was told that employers cannot petition relatives for green cards through…
Filipina nanny wins $827,506 in wage trial
Judgment one of highest verdicts to a domestic worker on pure wage claim A live-in Filipina domestic employee has won a wage claim of $827,506 against her former employers who…
For ‘Dreamers,’ the dream to become a doctor now ‘at the mercy’ of courts
Among the young people known as “Dreamers,” Ever Arias belongs to a select group. Of the roughly 700,000 unauthorized immigrants who have temporary but tenuous protection from deportation, only 99…
Asian Americans and other minority groups risk misrepresentation in 2020 Census
The 2020 Census is underway with only two years left to go, and for Asian Americans and other minority groups, the upcoming census is being seen as either an opportunity…
Preventing abandonment of your greencard due to travel abroad
A GREEN card holder can travel outside the US and return with some limitations. If a green card holder is outside the US for an extended period of time, he…
Do I need a premarital agreement before getting married?
”This becomes a problem if you are the spouse that has the substantially higher income or the one who accumulates the majority of the assets during the marriage.” IN the absence of a…
ICE targeting those with DUI convictions
AS part of its “enforcement priorities,” Immigration and Customs Enforcement (ICE) announced the recent arrest of over two dozen people with DUI convictions in connection with “Operation Secure Streets.” According…
What to do if ICE comes to your home, workplace or public space
ON April 10, 2017, the American Immigration Lawyers Association (AILA) released a “Know Your Rights Handouts” available in English, Spanish, Arabic, Chinese, and Portuguese to inform the public about the…
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…
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…
April 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…
Love and pain: Domestic violence and US immigration laws
IT’S Valentine’s Day and Malena woke up to a bouquet of bright red roses and a box of chocolates by her bedside. There was a handwritten note from her husband,…
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…
Ice targeting those with Dui convictions
As part of its “enforcement priorities,” Immigration and Customs Enforcement (ICE) announced the recent arrest of over two dozen people with DUI convictions in connection with “Operation Secure Streets.” According…
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. …
Bad truth or good ‘bola?’
A Filipino and his U.S. citizen wife came to my office recently for a consultation. They drove several hours to see me in person. He came to my office crying,…
What’s new in immigration
ICE Raids in the Bay Area. Calls for Congress to act on DREAMers rights. The Supreme Court declines to take on DACA. These are just a few headlines of late,…
What to do with conditional green card status in troubled marriages
MARRIAGE for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack…
Should Pres. Trump deport his in-laws?
PRES. Trump is fiercely opposed to family “chain migration” and wants to limit family petitions to spouses and minor children of green card holders or U.S. citizens. He wants to…
Should President Trump deport his in-laws?
PRESIDENT Donald Trump is fiercely opposed to family “chain migration” and wants to limit family petitions to spouses and minor children of green card holders or U.S. citizens. He wants…
California divorce frequently asked questions
I JUST moved to California last month, and I’d like to file for divorce. Can I file now? To file for divorce in the State of California, the person filing…
What immigration benefits are available to same-sex marriages post DOMA?
ON June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windsor. The BIA…
Why did the embassy cancel my interview?
DEAR Attorney Gurfinkel: I was petitioned in November 2006 as a single adult child of my immigrant (green card) parent, in the F-2B category. I waited many years, and in…
Immigration updates
“ Moreover, USCIS will not accept or approve applications for Advance Parole request from DACA recipients” DEFERRED Action (DACA) renewals. Due to a Federal Court order, the U.S. Immigration and…
The March 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…