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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
How to obtain a waiver for certain criminal grounds of inadmissibility
IN ur prior article, it was pointed out that an application for an immigrant visa and certain non-immigrant visas may be denied due to certain criminal grounds of inadmissibility. In some…
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…
What do you do after you win asylum?
QUESTION: I have won asylum as of about two years ago. Is there anything I need to do? Answer: If you have come to the U.S. as a refugee or…
The November 2017 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…
Appealing a visa denial
ORDINARILY, there is no appeal process for visa refusals at the Embassy. Under the doctrine of “consular non-reviewability,” a person cannot even sue the embassy or appeal their visa refusals…
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…
Will I qualify for a work permit?
QUESTION:: I entered the United States a couple of months ago as a visitor and would now like to work in the United States. I have a degree in Business…
Can the CBP search your electronic devices?
RECENTLY, he merican Civil Liberties Union (ACLU), the Electronic Frontier Foundation, and the ACLU of Massachusetts, on behalf of 10 U.S. citizens and a permanent resident, sued the Department of Homeland Security…
When exactly 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…
‘Your tanong, My sagot,’ part 1
A POPULAR segment on my weekly immigration television show, “Citizen Pinoy”, is “Your Tanong, My Sagot”, where people ask immigration questions on a variety of subjects, and I offer my…
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….
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…
Is real estate property purchased prior to marriage considered community property in a divorce?
Generally, in California, property acquired by a spouse prior to marriage is considered separate property under family code section 770 while those acquired after marriage are considered community assets under…
Think of getting married after 2 months of entry? Think again
Question: I entered a couple of months ago to the U.S. I want to get married and file my adjustment application. Do you see any problems with that? Answer: Yes,…
Things that could make your case suspicious
(Part 2) In a previous article, a reader, who was scheduled for his visa interview, asked about some of the things which could trigger suspicions or investigations by the Embassy,…
Prosecutorial discretion is an option since DACA is rescinded
QUESTION: My DACA expires in about seven months. However, what will happen after that? Do I have any other options? Answer: You do have options, many of which you will…
State Department scraps ‘30/60 day rule’ in favor of the new ‘90 day rule’ for fraudulent intent
One of the most technical rules on visa fraud focuses on a person misrepresenting his or her intent when applying for certain nonimmigrant visas or when entering the United States….
Additional DACA guidance from USCIS
THE Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) issued additional guidance on the DACA phase-out. On September 5, 2017 DHS initiated the orderly phase out of the…
Consequences of failing to disclose materials assets, income, facts and information in a divorce case
THERE is a natural tendency among divorcing parties to hide their assets from their spouse and understate income. This is a common problem that I have observed from practicing law…
Chapter 7 and 13 bankruptcy: Means test
SOME debtors contemplating filing bankruptcy have expressed their personal preference of filing Chapter 7 bankruptcy, instead of Chapter 13, for various reasons such as a shorter time frame to get…
DACA has ended – now what?
QUESTION: I know DACA has ended. What can I do? Answer: There are actually different categories as the current policy stands. It is important at the present time to know…
The October 2017 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…
DACA abolished
ON June 15, 2012, President Barack Obama unveiled a program known as DACA (Deferred Action for Childhood Arrivals.) Under this program, the Obama Administration will stop deporting illegal immigrants who…
DACA: What now?
Your guess is as good as mine. Last Tuesday, September 5, 2017, the President, through Attorney General Sessions, announced that the DACA program under the Department of Homeland Security (DHS)…
K-1 Visa: Fiancé visa to marry a 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…
FAQ: Consequences of the DACA rescission
ON September 5, 2017, President Trump, through the Department of Homeland Security (DHS), announced the rescission of the Deferred Action for Childhood Arrivals (DACA) program. As a backgrounder, on June…
The end of DACA
On September 5, 2017, Atty. Gen. Jeff Sessions announced Deferred Action for Childhood Arrivals (DACA) is being rescinded or canceled. DHS also issued a memo and FAQ’s, further detailing the…
The end of DACA
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…