False claims about unlawful voting
THERE have been many people who claim non-citizens are registering to vote in the upcoming elections, and their votes could affect the ultimate outcome of the Presidential election. These claims…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Citizenship application — not just a formality
A LEGAL permanent resident may be eligible to file for U.S. citizenship if he or she has lived in the United States for at least five (5) years or three…
Adjust status or consular process?
Indeed our world feels smaller. The norm is ‘global’; be it in business or love. Travel abroad has become a ‘must’ for businessmen in order to keep up and promote…
Provisional waiver of the 3/10 year bar from inside the US
ON January 2, 2013, Secretary of Homeland Security Janet Napolitano announced the posting of a final rule in the Federal Register that reduces the time U.S. citizens are separated from…
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…
Crimes that may affect your citizenship application
WHEN a legal permanent resident files for citizenship, one of the questions being asked of the applicant is whether the applicant has ever been convicted or charged with a crime. …
Sullivan, Krieger, Truong, Spagnola, & Klausner, LLP
Exceptional team of immigration specialists to help you in the legal process The United States immigration process is complicated and difficult. There are a multitude of immigration programs, each with its…
Atty. Mosqueda named 2017 Super Lawyer
ON August 31, 2016, Super Lawyers announced the selection of Roman P. Mosqueda to the 2017 Southern California Super Lawyers list. Because Mr. Mosqueda has demonstrated excellence in the practice…
F-1 student visas and authorized employment
An F-1 student visa allows a student to study full-time in the United States (“U.S.”) at an accredited school. The F-1 student visa is a non-immigrant visa, which means that…
Maybe Trump should bring back Section 245(i)?
I HAVE previously written articles about the logistics and legality of Donald Trump’s plan to deport the approximate 11 million undocumented immigrants in the US. I would now like to…
Congress could always block Trump’s immigration plan
PEOPLE are justifiably concerned, anxious, and even terrified over Donald Trump’s proposed plan to deport the approximate 11 million undocumented immigrants in the US. However, let’s remember that the executive…
California divorce 101
THE following seeks to address or clarify some common misconceptions about divorce. “What if my husband/wife does not want to sign the divorce?” or “My husband/wife does not want to…
How to obtain waiver for certain criminal grounds of inadmissibility
IN our 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…
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…
Family-based green cards – who is eligible?
If you are a United States citizen or green card holder, you may be able to petition for certain members of your family to come and live permanently in the…
The October 2016 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…
Expanded provisional waiver rule now in effect
PRIOR to the implementation of the Provisional Unlawful Presence Waiver, undocumented individuals who are beneficiaries of an approved immigrant petition but are not eligible to adjust their status in the…
Getting around the six-month residency requirement to file a divorce in California
GENERALLY, you must have resided in California for at least six months in order to file a divorce in this case. Under Family Code Section 2320, a judgment of marriage…
Will Hillary eliminate the harsh immigration laws signed by Bill?
HILLARY Clinton and the Democrats push for comprehensive immigration reform, including a pathway to legalization for the approximate 11 million undocumented immigrants in the US. Of course, I’m fully in…
When your green card expires: What next?
WHAT happens when my green card expires? Lawful Permanent Resident status is not affected by the expiration of the Form I-551, or the “green card.” A person does not lose…
EB-5 Immigrant Investor Program – direct investment vs. regional center investment
UNDER the EB-5 Immigrant Investor Program, foreign investors can apply for a green card if they 1) invest in a company in the United States and 2) plan to create…
World War II Veterans Parole Program: Frequently asked questions
AS you may be aware, the USCIS has started implementation last June 2016 the Filipino World War II Veterans Parole Program (“FWVP”). The program allows certain family members of Filipino…
Grounds for annulling a marriage
MOST couples that want out of a marriage in California usually file for Divorce. There are circumstances though that allow a couple to have their marriage “voided” rather than “dissolved.” …
EB-5 Immigrant Investor Program: Direct investment vs. Regional Center investment
Under the EB-5 Immigrant Investor Program, foreign investors can apply for a green card if they 1) invest in a company in the United States and 2) plan to create…
The ‘logistics’ of deporting 11 million people
A CORNERSTONE of Donald Trump’s “solution” to our immigration issues is to deport the approximate 11 million undocumented immigrants, “and let the good come back in.” I’m not quite sure…
What to do with conditional green card status in troubled marriages
“ The Joint Petition provides an opportunity for the United States Citizenship and Immigration Services (“USCIS”) to inquire as to the legitimacy of the marriage after conditional permanent residence…
Filing a new fraud waiver if your first one is denied
DEAR Atty. Gurfinkel: I entered the US under an assumed name. When I filed for adjustment of status, I had to file a fraud waiver (Form I – 601). Unfortunately,…
Conditional green card: What it is and what to do
JAMES had just finished with his Adjustment of Status interview based on the immigrant petition of his wife, Kimberly. At the end of the interview, they were given a piece…
How to obtain waiver for immigration fraud and misrepresentation
IF you are an applicant for an immigration visa, K visa, or V non-immigrant visa, your application may be denied if you are found inadmissible under certain circumstances. In this…
Provisional waiver of unlawful presence expanded to cover more immigrants
THE USCIS announced the final rule expanding the existing provisional waiver to allow certain family members of US Citizens and lawful permanent residents to apply for the provisional waiver of…