Immigration bond hearings: What you need to know
Earlier this year in January, President Trump signed executive orders designed to place greater focus on removal of certain immigrants that are in the country without permission. In February, the…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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The August 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…
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…
Fake news: There is no ‘visa-free’ travel to the US for Filipinos
I WANT to warn Filipinos about fake news reports that Pres. Trump had signed an executive order allowing Filipinos to travel to the United States without visas for 30 days….
What is the ‘reasonable probability’ test regarding criminal convictions?
QUESTION: I was convicted of an assault charge and have been told that there is a possibility that I can show that it was not a crime of moral turpitude,…
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…
If you abandon your green card, you will abandon your family’s petition
DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my wife and children. I know it will take a few years until the priority date on their petition…
Should I apply for an E-2 or an L-1 business visa?
QUESTION: I have a business and want to either purchase or buy a business in the U.S. but do not know which one of the visas would be better. The…
Consultant’s unnecessary lies result in UNNECESSARY denial and fraud waiver
RECENTLY, a person came to my office for consultation after her adjustment of status application (based on marriage to a US citizen) was denied due to fraud. She had entered…
DAPA rescinded
ON November 20, 2014, President Barack Obama announced that its administration will stop deporting certain undocumented parents of U.S. citizens and parents of legal permanent residents. These individuals will also…
Exempt property in bankruptcy
ONE of the goals of bankruptcy is to allow debtor-filers to start anew. This means that after filing bankruptcy and getting a discharge of their debts, these debtors will be…
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…
Get ready! Prosecutorial discretions are being revoked
“First, get a qualified immigration attorney. Each case is different. This means that depending on your situation, the particular forms of relief will be different.” QUESTION: I was in immigration…
The July 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…
What to do if ICE comes to your home, workplace or public space
ON April 10, 2017, the American Immigration Lawyers Association (AILA) released a “Know Your Rights Handouts” available in English, Spanish, Arabic, Chinese, and Portuguese to inform the public about the…
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…
Is the travel ban still alive?
QUESTION: I have friends in the countries which Trump wants to still do his travel ban. I know it was denied. Is it still ongoing or could it still happen?…
Who can benefit from the ‘Expanded Provisional Waiver’ rule for the 3/10 year bar?
ON July 29, 2016, the USCIS published its FINAL rule, expanding eligibility for a provisional waiver of the 3\10 year bar. The expanded provisional waiver now includes “all individuals who…
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…
Am I a US citizen?
Whatever the immigration status of an alien is so long as they are residing or simply physically present in the United States, a child born in the U.S. is a …
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…
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…
New I-94 Feature: Check your last possible departure date online
LAST May 31, 2017, the U.S. Customs and Border Protection of the Department of Homeland Security issued an advisory that the CBP will now remind travelers to the US of…
What to do if you lose at the Board of Immigration Appeals
QUESTION: I am so sad. I lost at the Immigration Court and then I lost at the Board of Immigration Appeals. Is there anywhere else to go and anything else…
President Trump’s ‘Buy American, Hire American’ executive order
On April 18, President Donald Trump signed an executive order which focused on two areas of the administration’s policy: protection of American jobs (“Hire American”) and preference for U.S.-manufactured goods…
A notario or immigration consultant is not an attorney
QUESTION: I found a person who called himself a ‘notario’ and said he would do the work I needed for ½ the cost of an attorney. He also said I…
How courts determine child custody in california
“ Child custody comes in two parts, physical custody and legal custody.” ONE of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly…
Your marriage petition could be in trouble if USCIS visits your home
Marrying a U.S. citizen is one of the fastest and most commonly known ways to obtain a green card. It is also subject to much fraud and abuse, where people…
Marriage while in removal proceedings
Individuals may be put in removal (deportation) proceedings for a number of reasons. Some of them may have been put in removal proceedings for committing certain crimes. Others are in…
Help! I overstayed my visa!
WHEN the term “illegal immigrant” is used, some assume that the discussion is about someone who entered the United States without presenting themselves for inspection at the air, sea or…