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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
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.”…