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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
2018 tax changes that affect divorcing couples
THE Tax Cuts and Jobs Act, which was recently enacted into law, impact various issues in a divorce case. These changes are effective beginning 2018 through 2025. Spousal upport. pousal Support will…
A wonderful year end gift for your family
AN important part of Christmas and New Year is buying gifts for loved ones and making resolutions for the coming year. Filipinos are busy filling their balikbayan boxes with pasalubong,…
A wonderful year end gift for your family
AN important part of Christmas and New Year is buying gifts for loved ones and making resolutions for the coming year. Filipinos are busy filling their balikbayan boxes with pasalubong, to…
Starting the new year fresh with a divorce
TO many people, the New Year signifies a chance to have a fresh beginning. People dispose of old personal items and clean out the closet in order to make room…
January 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…
New USCIS Policy: Adjustment interview for employment-based petitions
IN the past few months, the United States Citizenship and Immigration Services (USCIS) announced that, beginning October 1, 2017, it will expand in-person interviews for employment-based adjustment of status (“AOS”…
Quantum of proof
Gender inequality. Is it an issue some societies in the world have relegated to the past? The trend to recognize same-sex marriages is picking up. Women are accepted (sometimes…
Grounds for annulling a marriage
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” …
How important is it to have a living trust?
THINKING about one’s demise is not something people want to spend time thinking about. However reality is that we all have to face this one day. It is just a…
Is President Trump erasing all immigration laws from the books?
QUESTION: I am so afraid that I will be deported (even though I have legal status here) because I’m an immigrant. Is that the case? Answer: U.S. immigration law is…