April deadline for H-1B visas
THE United States Citizenship and Immigration Service (USCIS) will once again begin accepting petitions for H-1B working visas on April 1, 2016. Petitions may be submitted for employment to commence…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Supreme Court to hear and review the expanded DACA and DAPA case
ON 1/19/2016, the US Supreme Court granted the writ of certiorari filed by the Obama Administration in the case United States, et al. v Texas. This means that the Supreme…
Supreme Court agrees to review Obama’s executive action on DAPA and expanded DACA
ON January 19, 2016, the US Supreme Court agreed to review the legality of President Obama’s executive action, which he announced in November 2014, of Deferred Action for Parents of…
The new visa bulletins – when can you file your green card application?
ONE of President Obama’s immigration executive actions announced in November 2014 is to advance the filing of adjustment of status/green card applications for individuals who have approved employment-based immigrant petitions. …
Why Ted Cruz is a natural-born US citizen
RAFAEL Edward “Ted” Cruz, the Republican Junior Senator from Texas, was born on December 22, 1970, in Calgary, Alberta, Canada, to Rafael Cruz, Sr., originally from Cuba, and Eleanor Darragh,…
The February 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…
Debtors’ rights against unscrupulous collection agencies
THE country’s economy may be rebounding but a lot of people are still feeling the effects of the last economic downturn. Many who have not been able to recover from…
What happens when spouse files nullity of marriage?
ALL property, real or personal, wherever situated, acquired by a married person during the marriage while domiciled in California is community property. Family Code 760. However, there are situations in…
Why Grace Poe has 10-year Philippine residence
THIS constitutional issue is before the Philippine Supreme Court for final decision on petitions for certiorari filed by Grace Poe from the COMELEC’s en banc decision. Article VII, Section 2…
Steps to employment-based immigrant petitions
THERE are 140,000 employment-based immigrant visas available yearly and these employment-based immigrant visa are divided into five preference categories: Priority Workers (E1); Professionals Holding Advanced Degrees and Persons of Exceptional…
USCIS says don’t submit original documents
ON January 4, 2016, the USCIS announced that people should NOT submit original documents (such as birth certificates, marriage certificates, divorce decrees, photographs, naturalization certificates, etc.) to USCIS with any…
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…
What factors will the court look at in awarding spousal support?
THE purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of…
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…
You can’t water-board fiancées at the US embassy!
THERE has been much undeserved criticism and condemnation hurled at USCIS and consular officers over issuing a fiancée (K – 1) visa to the female terrorist in the San Bernardino…
What makes you deportable
THE power to give, take away, and deport. The United States does not welcome you with open arms. It allows non-citizens entry into the United States, under certain conditions. When…
A wonderful Christmas gift for your family
AN important part of Christmas is buying gifts for loved ones. Filipinos are busy filling their balikbayan boxes with pasalubong, to send to their families “back home.” The pasalubong may…
Child born abroad to US citizen parent/s
A CHILD born abroad to parents who are both United States citizens (USCs), or to a United States citizen (USC) mother or father, has a claim to citizenship either through…
Waiving fraud due to extreme hardship
FOR individuals who are seeking to obtain lawful permanent residency, any past fraud or misrepresentation renders the individual inadmissible and ineligible to legalize status unless they are granted a fraud…
Some issues and pitfalls in pursuing US citizenship
(Part 1) FOR many people, attaining US citizenship is the final step in achieving their “American Dream.” After getting a green card, they eagerly count off the years until they…
Abandonment of US residence
JON and Kate own and operate a successful real estate business in California. In addition to owning a beautiful home, they had acquired several homes and apartment buildings which they…
Why Grace Poe is a natural-born Philippine citizen and eligible to be president
BY Resolution issued on December 1, 2015, the Second Division of the Philippine Commission on Elections (Comelec) ruled that Mary Grace Natividad Sonora Poe-Llamanzares is not a resident of the…
Reinstating a deceased petitioner’s family-based petition
IT is very common for beneficiaries of family based petition to wait many years before their petition’s priority date becomes current. This is usually the case with US Citizen parent…
4 ways filing for divorce can benefit your immigration case
COUPLES get divorced for various reasons. California is a no fault state. The reasons why a couple is getting divorced are often irrelevant to the issues of the family law…
The January 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…
USCIS’ draft policy guidance on extreme hardship
AS you may be aware, an alien seeking permanent residency status in the US must be “admissible” to the US. Admissibility means the ability of an alien to receive a…
No fraud waiver needed, despite fraud
ORDINARILY, when a person commits fraud or makes a misrepresentation in connection with applying for an immigration benefit, the person is required to file a fraud waiver (Form I –…
Visa options for victims of domestic violence or crime
VICTIMS of domestic violence or certain crimes are granted immigration benefits so they can remain in the United States to reside and work here. The Violence Against Women Act (VAWA)…
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…
Tax consequences of divorce on non-custodial parents
CONSIDER the common divorce scenario where the divorce judgment provides primary custody of the children to one spouse while the other spouse only gets visitation. The parties begin to file…