‘Just a misdemeanor’ and the threat of deportation
IT was a crisp October evening and Gilbert went out with his friends for a Halloween pub crawl. They drank, ate candy and cookies, and had an amazing time. The…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Can a conditional greencard holder file an immigrant petition?
BENEFICIARY spouse of marriage based immigrant petition’s where the marriage was less than 2 years old at the time of the immigrant visa or status was approved are issued a…
Child custody —working parents
MANY parents believe that if you are a working parent, then the other non-working parent will get physical custody of the minor children automatically. This is a misperception of the…
Immigrants charged with crimes should seek help from both criminal and immigration lawyers
UNDER US immigration laws, if a non-citizen commits and/or is later convicted of certain types of crimes that person could be removed/deported. This is the case even if a person…
Employment-based green card revoked because of fake job
A COUPLE came to my office for a consultation who was in tears and panic because their “American Dream” was crumbling around them. They are already permanent residents (green card…
Proposed Provisional Waiver expansion will benefit children and spouses of green card holders
While the existing I-601A Provisional Waiver Program is limited to benefitting children and spouses of US citizens, a proposed rule will expand the categories of beneficiaries. The new rule, proposed…
Early filing of adjustment of status application and work authorizations available October 2015
THE Department of State and the USCIS revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised procedure will be available beginning…
Nullity of marriage
A JUDGMENT of nullity is when the Court deems a voidable marriage or a void marriage as never having taken place for reasons such as a defect in age, unsound…
File your green card application now!
EDWARD, a 45 year-old married man from Manila came to the United States in 1999. His mom and dad are U.S. citizens and filed a petition for him in December…
Policy on ‘Sanctuary Cities’
LAST September 11, 2015, the incumbent mayors of Los Angeles, San Francisco, San Jose, Long Beach, and Oakland issued a joint letter addressed to California Senators and Representatives entitled “Opposition…
October 2015 visa bulletin allows early filing of adjustment applications and work authorizations
STARTING in October 2015, the Department of State (DOS) and the USCIS will utilize a new format for priority dates. (I posted those priority dates already on my website).There will…
USCIS now allows early filing of green card applications
ON September 9, 2015, the government announced that it will now allow individuals who have been waiting for their priority dates to be current both in the family based and…
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…
Change to Visa Bulletin advances adjustment filing eligibility
A TREMENDOUSLY beneficial change to the Visa Bulletin was announced by the United States Citizenship and Immigration Service (USCIS) and Department of State (DOS) on Sept. 9, 2015. The change…
New rules for I-485 application-submission dates affect families and employees
THE news from USCIS: In an important departure from the current rules regarding when someone can apply for a Green Card, USCIS has announced that starting October 1, 2015, I-485,…
October 2015 ‘filing’ dates (New format and charts for 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…
US citizenship by birth abroad to unwed citizen father and alien mother
A person may acquire US citizenship either at birth or through naturalization. A person born in the US and subject to its jurisdiction acquires US citizenship at birth but, under…
Consular processing at the NVC
The growing threat of international terrorism, which apparently is without territorial boundaries, has prompted the Department of State (DOS) to tighten its rules of entry into the US. DOS is…
Will a domestic violence finding affect my claim for sole or joint custody 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…
E-2 treaty investor visa
AS you may be aware, a foreign national who desires to enter the US must obtain either an immigrant or non-immigrant visa. An immigrant visa allows one to stay in…
Does the creation of a revocable living trust, during the marriage, transmute separate property to community property?
DIVORCING couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The…
Dissolution vs. nullity of marriage
MANY of my clients inquire about the differences between a dissolution of marriage and a judgment of nullity. A dissolution of marriage is when the Court grants a divorce—due to…
No fraud waiver required if you were a victim of fraud
There have been many tragic situations where people were duped into applying for immigration benefits to which they were not entitled. Unscrupulous immigration consultants promise work permits, green cards, and…
Treaty nationals
Under the North American Free Trade Agreement (NAFTA), Canadian and Mexican citizens (known as “Treaty Nationals” or “TNs”) can come to the United States temporarily, not to exceed one (1)…
Understanding Form I-864
Why does the National Visa Center (NVC) require you to submit an accurate Form I-864? We hear stories of the frustration experienced by those who have to re- submit the…
Immigration: A smart investment
Investor visas are a great option for immigrant investors and their families. These visas are available both for those that are outside of the United States, and for those that…
Waiver of joint petition to remove conditional permanent residency on a marriage entered less than two years
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of…
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…
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…
Reinstatement of a revoked I-130 petition
Under 8 CFR 205.1(a)(3)(i)(C), an approved Form I-130 petition for an alien relative is automatically revoked upon the death of the petitioner if the beneficiary has not obtained lawful permanent…