The USCIS expands the provisional waiver eligibility
On 7/29/16, the USCIS announced the release of the final rule on the “Expansion of Provisional Unlawful Presence Waivers of Inadmissibility”. This rule expands the class of individuals who may…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Provisional waiver of unlawful presence bar 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…
Expanded provisional waiver of unlawful presence
On July 29, 2016, USCIS announced it is expanding the existing provisional waiver process to allow certain family members of U.S. citizens and lawful permanent residents (“LPRs”), to apply for…
DHS finally publishes ‘final’ expanded provisional waiver rule for 3/10 year bar!
On July 29, 2016, the USCIS finally published their FINAL rule expanding eligibility for a provisional waiver of the 3\10 year bar. The rule will go into effect on Aug….
L Visa: Come to the US by expanding your business
Filipinos can acquire visas by expanding their business to the United States. The L-1 visa enables United States employers to transfer existing executives, managers, or employees with specialized knowledge from…
Caregivers are presumptively disqualified to be named as beneficiary in a patient’s will or trust with ‘certain exceptions’
Caregivers are presumptively disqualified from being named as beneficiary of a patient’s Will or Trust. Probate Code Section 21350, subdivision (a) provides: “Except as provided in Section 21351, no provision,…
Conditional green card holders can petition certain family members even while still a conditional resident
Dear Attorney Gurfinkel: I married a US citizen after my child’s 18th birthday and am now a conditional resident. I know my husband and I need to file a joint…
The many ways of becoming a US citizen
BEING granted United States citizenship is a dream-come-true for countless people from around the world. Though the dream is the same, the paths to actually obtaining U.S. citizenship can vary…
EB-5 Immigrant Investor Program – Invest in a US business and receive a green card
MANY Filipinos do not know that they can obtain a green card within 2 years by simply investing money. The EB-5 Immigrant Investor Program was created in 1990 to stimulate…
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…
What to do with conditional greencard status in troubled marriages
MARRIAGE for many persons is the culmination of one’s life. Getting married signifies the beginning of a new phase in life, both socially and economically. For those persons who lack…
I’m tired and just want to give up and go back home!
MANY Filipinos consult with me saying they are sad, lonely, and depressed over their immigration situation, and just want to give up, and go back to the Philippines. Many of…
Section 245(i) as an alternative to DAPA
THE failure of the Supreme Court to overturn the lower’s court’s decision blocking the implementation of the President’s Executive Order providing Deferred Action to Parents of US Citizens and Legal…
Being in the US military
(Part 1 of 2) Signing up to be a soldier for a country not initially your own and be willing and able to defend and die for its ideals, is…
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…
Community property
MANY people have misconceptions or are misinformed about family law here in the United States, specifically, in the State of California. They tend to not know their rights that deal…
The August 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…
A DUI can get you deported or have your visa revoked and other friendly reminders for the summer
SUMMER is here, and it’s time for summer barbecues and bonfires by the beach! Before partaking in summer fun, however, know where you stand: If you are a non-U.S. citizen,…
Being waved across the border could constitute ‘inspection’ for adjustment of status
IN most cases, in order for a person to adjust status (obtain a green card) in the U.S., the person must prove he or she was “inspected and admitted” by…
Applying for naturalization with expired green cards
OFTEN, many immigrants have kept pushing back their decision to apply for US citizenship. Many of them have also failed to keep track of the validity of their permanent resident…
Fil-Am WWII veterans: The long wait is over
The US Department of Homeland Security (DHS) announced in October 2015 that it is creating the “Filipino WWII Veterans Parole Program” to enable some family members of these veterans to…
Uncontested divorces
I HAVE had many clients and prospective clients who would inquire how much is an “uncontested divorce.” Of course, I would ask some questions to determine whether their divorce is…
What immigration benefits are available to same-sex marriages post DOMA?
ON June 26, 2013, the US Supreme Court struck down section 3 of the Defense of Marriage Act (DOMA) as unconstitutional in the landmark case US. V. Windsor. The BIA…
Appealing a visa denial
ORDINARILY, there is no appeal process for visa refusals. Under the doctrine of “consular non- reviewability”, a person cannot even sue or appeal their visa refusals in US federal courts….
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…
A little knowledge can be dangerous
DESPITE having only limited knowledge or understanding of immigration laws, some people attempt to strategize and handle their immigration case on their own. They follow the advice of friends or…
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. …
Avoiding an affidavit of support (Form I – 864) by working 40 quarters (10 years)
FAMILY based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I –…
Do you need to be living in separate residences to be considered ‘Separated’ from your Spouse under the California family law?
FAMILY Code 760 provides that all property acquired by the spouse during the marriage is community property. That means each spouse has a half interest on any assets that are…
Avoiding an affidavit of support (Form I – 864) by working 40 quarters (10 years)
FAMILY based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I –…