What is “extreme hardship?”
IF a person commits certain immigration violations (such as fraud, or overstaying in the US for over six months and then departs, etc.), the person may not be eligible to…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Is real estate property purchased prior to marriage considered community propery 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…
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…
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…
The Trump administration on sanctuary cities
Generally, a sanctuary city is viewed as a place where individuals without lawful immigration status may reside without undue fear of targeted raids, harassment and mass deportation. So-called sanctuary cities…
Trump’s ‘extreme vetting’ of visa applicants
DURING Pres. Trump’s candidacy, and after he was elected, he stated that among the ways he would combat terrorism would be through “extreme vetting,” which would include a “rigorous evaluation”…
Grounds for annulling a marriage
“ There are circumstances though that allow a couple to have their marriage voided rather than dissolved.” MOST couples that want out of a marriage in California usually file for…
The June 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…
Seeking asylum
(Part 2 of 2) Asylum applications are filed to avail of protection in the United States due to persecution or fear of persecution “due to race, religion, political opinion,…
Provisional waiver available even with deportation order
QUESTION: I have heard that the provisional waivers have expanded. I have a prior deportation order and have been so afraid to have my spouse petition me because I thought…
Bifurcation and status only divorce
“ Under the Family Code, a spouse can “bifurcate” the issue of marital status and terminate the marriage without having to wait until the issues pertaining to property, support, and…
I came to the US under a different name; is there hope for me?
DEAR Atty. Gurfinkel: I came to the US under a different name on a visitor’s visa. The passport and visa had my picture, but somebody else’s name. I still have…
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…
Seeking asylum
(Part 1 of 2) Back in the 70’s and early 80’s, when the New People’s Army (NPA)and other militant organizations were a potent disruptive force in Philippine society even if…
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…
Can adopted children petition biological family members?
DEAR Atty. Gurfinkel: Before I was 16 years old, I was adopted and petitioned by my aunt, and got my green card through her petition. I am now a US…
Returning to the US after months of being outside
QUESTION: I have been outside the United States for eight months and have friends who went back to the country and were forced to give up their green cards and…
Interview tips at the US Embassy
There are no hard and fast rules to follow during interviews to obtain a visa from any U.S. embassy amongst the almost 294 around the world. The basic creed to…
ICE coming to courts: What can you do?
QUESTION: I have a roommate who left an abusive relationship. She actually filed a temporary restraining order (TRO) against this person. Court was yesterday. She went to court to testify…
The May 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…
Permanent residents can petition their spouses and unmarried children
MANY legal permanent residents (LPR or green card holders) mistakenly believe only U.S. citizens can petition family members. Even after they obtain their green cards, they still wait many years…
Will I be deported if I lose my asylum case?
QUESTION: I will be applying for asylum. I’m not exactly sure of the process, but if I lose, will I be deported? Answer: Clients who have arrived in the United…
Permanent residents can petition their spouse and unmarried children
MANY legal permanent residents (LPR or green card holders) mistakenly believe only US citizens can petition family members. Even after they obtain their green cards, they still wait many years…
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…
DACA recipients who can adjust status
A non resident alien who marries a U.S. citizen or has a U.S. citizen child who turns 21, or a parent who becomes a U.S. citizen before the alien turns…
Trump’s revised travel ban executive order is halted
QUESTION: I know that Trump issued a second executive order. What is happening with this one? Answer: The District Judge in Hawaii has ruled in favor of the plaintiffs. In…
Undocumented parents — what you need to know
Recent developments in immigration law have certainly caused a great deal of fear and worry among immigrant families. Fear can either propel to action or can immobilize and paralyze. In…
Is it safer to travel by bus or plane?
DEAR Atty. Gurfinkel: I overstayed my visa, and am now out of status (TNT). I’m living in California, and want to visit my relatives on the East Coast. I’m afraid…
Immigration law in 2017: Will I be deported?
AT the National Federation of Filipino American Associations Region 10 Regional Empowerment Conference in National City on March 25, 2017, I was asked this question: There are many in our…