Adjustment of status for employment based beneficiaries
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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Will I have any problems if I go home for a vacation?
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…
How can INA section 245(i) benefit you?
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…
Will the bankruptcy court confiscate my property if I file bankruptcy?
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…
If you are not a US Citizen you could be detained and removed from the US
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,…
Assisting in alien smuggling
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…
The May 2015 Priority Dates
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…
Government pushes for prosecutorial discretion despite TRO
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…
When to use ‘economic circumstances’ approach
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…
Filipina felony conviction reduced to misdemeanor
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…
Prepare a durable power of attorney before you become incapacitated
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…
Fifth Circuit strikes down challenge to Obama’s Executive Action
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,…
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…
USCIS warns about immigration scams
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…
‘Residing with’ an adopted child for two years
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…
New guidance on L-1B specialized knowledge intra-company transferees
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…
When making a will you must have the capacity to know what you are doing
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…
You must still be living with your American spouse to avail of three-year citizenship
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,…
Immigrating as a foreign worker now only takes one year
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…
Provisional waiver of the 3/10 year bar from inside the US
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…
Are you an athlete?
Q: I AM a body builder and just won a big amateur contest. Can I come and work in the US on some type of visa? A: Yes, there is…
Your property under Chapter 7 Bankruptcy
IN a Chapter 7 Bankruptcy petition, the debtor is required to list down in the bankruptcy petition all his assets in the applicable schedules which are part of the bankruptcy…
Prop 47 and new deportation relief
ON Tuesday November 4, 2014, California Voters approved Proposition 47, which brings sweeping changes to California criminal law and procedure that will affect thousands of immigrants facing deportation due to…
Battered spouse green card available for those subjected to extreme ‘mental cruelty’
The Violence Against Women Act (VAWA) allows an alien spouse of a US citizen or green card holder to self-petition if they have been battered or subjected to extreme cruelty….
Taxes are important for immigration
For many families, tax season is the time of the year when people will have a large sum of money available to spend on things that normally would be out…
Sexual abuse of a minor as an aggravated felony
Under INA 101(a)(43)(A), sexual abuse of a minor is an aggravated felony. A conviction for an offense classified as an aggravated felony would disqualify an alien from most immigration benefits…
Tax consequences of divorce on non custodian 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…
You should not wait to do an estate plan
IF YOU own anything, it would be in your interest to get an Estate Planning Law Firm. Most of the time, many people either think they don’t need an Estate…
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.” …
The April 2015 Priority Dates
The April 2015 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. In fact, the priority…