Prosecutorial discretion is an option since DACA is rescinded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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
USCIS mandates in-person interview requirement for certain permanent resident applicants
IN an advisory dated August 28, 2017, the USCIS informed the public starting October 1, 2017, in person interviews will now be required for certain applicants seeking permanent residency status…
Can a divorcing couple agree to pay for their adult children’s college expenses in their divorce judgment?
DIVORCING couples with children sometimes worry about who is going to pay for their children’s college education after the divorce once their children graduates high school. They want a guarantee…
Looks like DACA is going to end
QUESTION: I’m on DACA and my friend is renewing DACA and another friend is going to apply for DACA. I have heard rumors about this. Should I be worried? Answer:…
Things that could make your case suspicious
(Part 1) DEAR Atty. Gurfinkel: I have waited for over 12 years for an interview on my approved family petition. I am very nervous about the upcoming interview and I…
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….
FOIA request
Doing it right from the start should be the only ‘rule of thumb’ when emigrating to the U.S. Aliens come to this country for a wide array of reasons, the…
Disclosure of text messages, e-mails and Facebook info of a spouse or significant other may constitute domestic violence
DOMESTIC violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is…
The RAISE Act: A proposed ‘points-based’ immigration system
Achieving immigration reform at the congressional level is extremely difficult. As such, most action geared towards immigration reform has been done via Executive Order. President Donald Trump has long expressed…
Myths and misconceptions about immigration law
THERE are many myths and misconceptions about immigration law, which are simply not true. People may receive “advice” from consultants, or well-meaning friends or relatives, which is wrong. Following these…
Unauthorized practice of law: beware of unlicensed notarios and paralegals
THIS July, the State Bar of California reported that it obtained an interim court order to assist an estimated 2,000 clients who had paid for legal advice from a Los…
Criminal bars to US citizenship
There comes a time in the life of every lawful permanent resident (LPR) in this country to make the decision to be an American. When the country’s immigration “situation” is…
President Trump’s “Reforming American Immigration for Strong Employment” (RAISE) Act
LAST August 2, 2017, the Trump Administration endorsed new legislation called “Reforming American Immigration for Strong Employment (RAISE) Act” that would change the system of granting legal permanent residency. The…
Want an E-2 visa? Look at these issues
QUESTION: I want to open up my own company. Can you let me know some specifics? For example, I have a friend from Iran. Can he get an E-1 or…
The September 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…
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…
Disclosure of text messages, e-mails and Facebook info of a spouse or significant other may constitute domestic violence
DOMESTIC violence is abuse perpetrated against a spouse, former spouse, cohabitant, former cohabitant, a girlfriend, a boyfriend, the mother or father of your child, your child. Family Code Section 6211. Abuse is…
‘My husband beat me’
Now it is possible to apply for asylum QUESTION: My husband beat me and I was afraid for my life, so I escaped to the United States. Can I apply…