Things that can mess up your child’s CSPA eligibility
ELIGIBILITY for benefits under Section 3 of the Child Status Protection Act (CSPA) is based on a mathematical formula, where you subtract from the child’s age the length of time…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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DACA renewal requests affected by USPS service delays
ON September 5, 2017, United States Attorney General Jeffrey Sessions formally announced the end of the Deferred Action for Childhood Arrivals (“DACA”) program, which has protected from deportation nearly 800,000…
USCIS forms updated
True to one of its promised immigration policies, the present administration is implementing its extreme vetting. Since it took over the White House a year ago, attempts to reform the…
When am I considered separated from my spouse in a divorce case?
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest…
When am I considered separated from my spouse in a divorce case?
THE date of separation is one of the most important facts to determine in a divorce case because it defines when the community interest ends and when separate property interest…
Not from a treaty country? Try the L-1 and then the multinational visa petition
QUESTION: I wanted to start my own business in the U.S. and in fact, have sufficient money. However, I was told that I am not able to do so because…
Saving documents is critical to your case
FOR almost all immigration benefits, you should save and preserve documents to establish eligibility for that particular benefit. Many people state that, for one reason or another, they no longer…
Love, marriage, and (California) divorce
THE holidays are upon us, and soon, we’ll all be thinking about “New Year’s resolutions.” Amid the festivities, many people take this time to look at their lives and decide…
Do I need a premarital agreement before getting married?
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired…
I’M TIRED and just want to give up and go back home!
MANY Filipinos consult with me saying they are sad, lonely, and depressed over their immigration situation, and just want to give up, and go back to the Philippines. Many of…
Do I need a premarital agreement before getting married?
IN the absence of a premarital agreement, the general community property presumption under California family code section 760 controls which provides “ ….all property, real or personal, wherever situated, acquired…
I don’t have a sponsor? Try the Extraordinary Alien Petition
QUESTION: I have lots of years of experience and lots of publications and awards. However, I don’t have an employer to sponsor me. Is there any other option? Answer: There…
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 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…
Is the ‘S’ Visa available to you if you testify for the FBI?
QUESTION: I have been notified by the FBI that they want me to testify against some very bad people. Is there anything I can do for my lack of immigration…
Thanksgiving is a time for giving thanks
THANKSGIVING is when people step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who played such…
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….
Automatic citizenship and the US Department of State
In this day and age, the best travel document in your hands would be a U.S. passport. Hence the sense of urgency among immigrants to become U.S citizens. International travel…
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…
December 2017 priority dates
F-1 and F-2B retrogress! THE December 2017 priority dates bring bad news for those Filipinos petitioned as adult single children of US citizens (F-1) or green card holders (F-2B). •…
Policy changes for employment-based petitions, heightened scrutiny for fraud and misrepresentation
CHANGES in adjudications of H-1B renewal petitions. On October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that under updated policy guidance USCIS is instructing its officers to apply…
Disclosure and characterization of overseas assets in divorce
IN a divorce proceeding, people sometimes have a misconception that the only assets or properties that have to disclose assets and properties situated in California. Even worst, sometimes parties even…
Don’t let ICE agents bully you!
QUESTION: I have a friend that was ‘visited’ by Immigration and Customs Enforcement (ICE) agents. They told him that he had no rights and that he was going to detention…
You don’t need a Philippine annulment to get married in the U.S.
DEAR Attorney Gurfinkel: I have been out of status in the U.S. since 2010. I’ve been separated from my husband since 2003, and he already has another family in the…
Petitioning children of your spouse from a previous marriage
“ Instead of marrying the biological parent, the U.S. citizen petitioner can just file a fiancé petition for the biological parent.” A STEPPARENT may file an immigrant petition for a stepchild even…
Disclosure and characterization of overseas assets in divorce
IN a divorce proceeding, people sometimes have a misconception that the only assets or properties that have to disclose assets and properties situated in California. Even worst, sometimes parties even…
Extension requests to be thoroughly reviewed, despite prior petition approval
SINCE about 2004, USCIS had a policy that if an initial H-1B petition was approved, and the alien later applied for an extension, the officer adjudicating the extension was to…
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”…
CBP “inspects” domestic flight from SFO to JFK
ON October 12, 2017, several passengers aboard a domestic Delta flight from San Francisco to New York, filed a lawsuit against U.S. Customs and Border Protection (CBP), alleging a violation…
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…