Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
THE Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives allows certain immediate relatives (spouses, children under 21 years old and parents of US citizens) to apply for provisional…
You just finalized your divorce. You are free and single again. Ever wonder what happens to the will or revocable trust you executed during your marriage with your ex spouse…
Dear Atty. Gurfinkel: I have been a green card holder for many years. Several years ago, I was convicted of a crime. I served the sentence and even had the…
Young individuals must timely apply for DACA renewal to avoid lapse I. Effective May 26, 2015, USCIS will accept applications for Employment Authorization for certain H-4 spouses. On February 24,…
IF you have been arrested because of a crime and that you are going to get a plea bargain, that is the time that you have to get a Immigration…
Immigration scam awareness is on the rise. You cannot Google the word “notario” without finding dozens of resources and articles about immigration fraud. It is all too common for people…
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…
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…
Dear Atty. Gurfinkel: I was petitioned by my parent as “single”, but while waiting for my petition, I got secretly married. After getting my green card as “single,” I returned…
IN the past year, we have received countless inquiries and calls from potential clients all over the world. Wilner & O’Reilly provides excellent immigration counsel to areas in Southern California…
If an individual is currently in status and has an employer who is willing to sponsor them, they might want to initiate the filing of an employment based immigrant petitions…
Dear Atty. Gurfinkel: I have a 10-year multiple B-1/B-2 visa. I entered the US, and was given six months by the Immigration Officer at the airport but overstayed by only…
CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions: Entering the US as an alien crewman (C-1…
A LOT of debtors prefer to file Chapter 7 bankruptcy, otherwise called liquidation bankruptcy, because most debtors can get a discharge of all or most of their debts under this…
QUESTION: I am being placed into Removal Proceedings. Can I be deported? I have had my Green Card for years. Answer: As long as you are not a US Citizen,…
Under INA 237(a)(1)(E)(i), a lawful permanent resident (LPR) who has knowingly encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the US in…
7-Year retrogression for Filipino workers!!! THE May 2015 Visa Bulletin provides disappointing news for Filipinos, as the priority dates in the employment based categories (EB-3 and Other Workers) will retrogress…
DESPITE the temporary restraining order (TRO) issued by a Texas federal judge on February 16, 2015 enjoining the implementation of President Obama’s initiatives for the expanded Deferred Action for Childhood…
THE court does not always equally divide each piece of community property in a divorce case “In kind.” An equal partition of each item of property in the community estate…
ON February 27, 2015, the Hon. Keith Schwartz, Presiding Judge of Department 144 at the Los Angeles Airport Courthouse, sentenced a Filipina to 3-year summary probation with suspension of imposition…
QUESTION: It’s too early to prepare a Durable Power of Attorney. I’m healthy and don’t see the need. Answer: Most people wait until it is too late. Multiple times people…
On April 7, 2015, the Fifth Circuit Court of Appeals dismissed a lawsuit challenging Pres. Obama’s 2012 original Deferred Action for Childhood Arrivals (DACA). This ruling is a good sign,…
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…
The USCIS recently issued warnings to the public about potential immigration scams. This is especially important in connection with President Obama’s November 2014 announcement of executive action, including expanding eligibility…
There are US citizens and lawful permanent residents in the US who want to adopt and petition a child from the Philippines. In many cases, they adopt a relative’s child…
Under INA 101(a)(15)(L), an alien who has worked continuously for one year for a firm or subsidiary abroad within the preceding 3 years and who now seeks to temporarily enter…
QUESTION: My uncle wants to make a Will, but he cannot remember alot of things and some people say he has dementia. Can he still make the Will? Answer: This…
Most green card holders may apply for US Citizenship after five years residence in the US. However, if married to an American, there is a special “fast-track” route to citizenship,…
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…
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 US citizens are separated from…
