Federal judge ruling: US must continue DACA
Judge John D. Bates joins other federal judges in support of the Obama-era program that provides benefits to undocumented youth The Trump administration has been dealt with yet another blow…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Consider finding a US employer for your spouse back home if you can’t get legal status
DEAR Attorney Gurfinkel: I came to the U.S. many years ago, and am out of status. I have now been away from my spouse and children for many years, and…
Can I enforce a form I-864 affidavit of support in divorce proceedings?
THE Illegal Immigration Reform and Immigrant Responsibility Act of 1996 requires that US Citizens sponsoring an alien for legal permanent residency execute an immigration form I-864 Affidavit of Support. This…
May 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…
California divorce 101
NEW Year, new resolutions, new life. For some of you, the New Year is a time for reflection, and to realize that changes are needed to be able to lead…
US Supreme Court deems deportation law ‘vague’ in decision involving Filipino
The U.S. Supreme Court said Tuesday, April 17, that the part of a federal law that allows easier deportation of immigrants was too vague, impeding the Trump administration’s efforts in…
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…
President Duterte assures gov’t taking steps to end abuse on OFWs
DAVAO CITY – President Rodrigo Roa Durerte on Saturday, April 14, assured that the government is taking steps to end the abuse on overseas Filipino workers (OFWs) in the Middle…
USCIS to destroy undeliverable green cards and work authorizations
ON April 3, 2018, the USCIS announced that it will start destroying green cards and work authorizations that are returned to it as “undeliverable.” If the document is returned, the…
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…
President Duterte’s China trip yields 10,000 new jobs for Filipinos
DAVAO CITY—President Rodrigo Roa Duterte on early Friday morning, April 13, arrived from his visit to China and Hong Kong, underscoring that his visit would yield 10,000 jobs for Filipinos….
E-2 treaty investor visa allows for stay in US along with family
DEAR Attorney Tan,I WOULD like to know if there is any way for my family and I to stay in the US if I invest in a US business. While…
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…
Trump wants to speed up deportations
SINCE becoming president, Donald Trump has made several significant changes to make it easier for the government to deport more people. In fact, when he originally announced he was running…
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…
‘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…