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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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 –…
California divorce: Frequently Asked Questions (FAQs)
ALL we need is love, says a love song. Love will keep us alive, says another. Unfortunately, real life is not a three-and-a-half minute power-ballad love song. Love and marriage…
How to apply for Filipino WWII Veterans Parole Program
(Part 2) IN an earlier article, I discussed about the Filipino World War II Veterans Parole Program (“FWVP”). The FWVP allows certain family members of Filipino World War II veterans…
The July 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…
Child custody — ’Best Interest Rule’
MANY fathers and mothers have their own ideas of child custody and the standard to which Courts use in determining custody of children. Automatically, most parents believe that the children…
How to apply for Filipino WWII Veterans Parole Program
STARTING June 8, certain family members of Filipino World War II veterans (“FWV”) and who are beneficiaries of approved I-130 petitions can apply for parole with the USCIS so they…
Permanent residency through marriage to US citizen spouse
ONE traditional way of obtaining permanent residency for most immigrants is through a petition by a US citizen spouse. As a spouse of a US Citizen, an alien is considered…
Re-packaging and re-filing a hardship/fraud waiver
DEAR Atty. Gurfinkel: When I filed for adjustment of status, USCIS said I committed fraud when I entered the US under an assumed name. They required me to file a…
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…
Titanic problems
ALMOST every Filipino has seen the movie Titanic, the story of Jack and Rose who sailed that doomed ship, which hit an iceberg and sank. During consultations, I sometimes compare…
Calculating child support
THROUGHOUT the years that I have practiced family law in the State of California, I have heard many ideas from clients as to how they think child support is calculated…
The June 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…
New regulations extend OPT extension for STEM
ON March 11, 2016, the US Department of Homeland Security released its final rule enhancing the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering, and…
USCIS to begin parole program to reunite families of Filipino WWII veterans
“ It is with great honor that such a program is finally being implemented so that Filipino WWII Veterans can finally be together with their loved ones once again.” ON…
Will a domestic violence finding affect my claim for sole or joint cutstody of our children?
AN action under the DVPA (Domestic Violence Protection Act) seeking a restraining order often is necessary to protect parties from abuse or domestic violence perpetrated by the other spouse or…
Families of Filipino WWII Veterans may be allowed to come to the US ASAP, and wait for their petitions
BEGINNING on June 8, 2016, certain family members of Filipino World War II veterans may apply to come to the US (through “humanitarian parole”) and wait in the US until…
Exemptions to inadmissibility bars for employment-based adjustment applicants
FOREIGN professionals wishing to immigrate to the US (as permanent residents) may do so under 3 general classifications: • 1st Preference (EB1) – extraordinary ability foreign professionals; outstanding researchers and…
Relief from default in divorce cases
THERE are situations in both Divorce and Child Support cases where the Summons and Petition resulted to a default against one party for failing to respond on time. In certain…
Can I file bankruptcy alone without my spouse?
FOR married couples who are contemplating bankruptcy, one of the primary concerns they have is whether or not they can file singly. Stated otherwise, if you are married, can you…
Relief from removal/ deportation because notice sent to old address
MANY people were ordered removed/deported “in absentia” (in their absence) because they did not appear at their removal hearing. However, if they were not properly notified of the hearing date,…
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.” …