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,…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
K-1 visa: Fiance visa to marry US citizen
IN previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and…
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…
Filipina nurses make great “green card” caregivers
SEVERAL years ago, Filipina nurses had a fast track to green cards, as their priority was “current”. They could be immediately petitioned by hospitals or medical facilities for green cards…
USCIS to schedule asylum interviews for newest filings first
ON January 31, 2018, USCIS announced a change in policy for scheduling affirmative asylum interviews. They will follow a “last in, first out” interview schedule, meaning the newest asylum applications…
Dealing with assets omitted from a divorce case
YOU and your spouse may have gone through a lengthy and contentious divorce proceeding. This is usually the most difficult period of a person’s life. Finally, time heals all pain. …
Trump supports permanent relief for DREAMers – with a catch
WH to announce pathway to citizenship for undocumented youth as DACA negotiations underway At a time where major policy developments seem to occur daily in Washington, this week brought about particularly…
Two different lines, processing times for family petitions
DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my adult single child in June 2015 in the F-2B category. When I recently checked the USCIS website for…
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…
Can the family court deny a custodial mom’s enforcement of a child support order against dad? In this case, grandparents were actually taking care of child
IN the case of In re Marriage of Wilson, the Mother was attempting to enforce child support arrears against the Father for the period in which the child was not…
Supreme Court to hear challenges to Trump’s travel ban
Trump’s authority to ban travelers from certain nations will be examined, justices to rule on case by June Amid the ongoing parlay in Washington over the nation’s immigration system, the Supreme…
Atty. General Becerra says Calif. will honor ‘sanctuary state’ policies
Northern California prepares for rumored massive ICE raid Following rumors of a major immigration crackdown in Northern California, state Attorney General Xavier Becerra said that new sanctuary state policies will…
February 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…
Criminal convictions and immigration law
What makes a non-citizen deportable? An alien or non-citizen, including a lawful permanent resident (“green card” holder) is deportable for having a conviction relating to controlled substances. Title 8 U.S.C….
Trump administration to ask Supreme Court to allow end of DACA
THE Justice Department said on Tuesday, January 16, that it would ask the Supreme Court to overturn a California judge’s ruling in a move it described as a “rare step.”…
Permanent residency through marriage to US citizen spouse
One traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse AS a spouse of a US Citizen, an alien is considered an…
California becomes a sanctuary state
CALIFORNIA has become the first state in the nation to be a “sanctuary state.” This means California will not cooperate fully with the Department of Homeland Security (DHS), including Immigration…
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…
Filing family petitions before Trump ends ‘Chain Migration’
Pres. Trump wants to eliminate “chain migration,” which allows people to petition extended family members, such as brothers and sisters, married children, adult (over 21) children, and even parents. The…
Can the family court deny a custodial mom’s enforcement of a child support order against dad? In this case, grandparents were actually taking care of child
IN the case of In re Marriage of Wilson, the Mother was attempting to enforce child support arrears against the Father for the period in which the child was not…
Filing family petitions before Trump ends “Chain Migration”
PRESIDENT Trump wants to eliminate “chain migration,” which allows people to petition extended family members, such as brothers and sisters, married children, adult (over 21) children, and even parents. The…