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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
Deportation proceedings: Enforcement priorities effective January 2015 and the NTA
On November 20, 2014, Department of Homeland Security (DHS) Secretary Jeh Johnson announced a new guidance on prosecutorial discretion entitled Policies for the Apprehension, Detention and Removal of Undocumented Immigrants…
The Federal Court’s injunction against Obama’s expanded DACA and DAPA
AS you may be aware, Judge Andrew Hanen, a federal judge in Texas, issued a preliminary injunction blocking the implementation of the planned expanded Deferred Action for Childhood Arrivals (DACA)…
Don’t give up hope on DAPA and Executive Action
QUESTION: What is going on with DAPA and the Executive Action? Answer: As you might have heard, a Texas Judge issued a temporary injunction on President Obama’s Executive Actions on…
It’s not too late to file an H-1B petition—but time is running out!
Just like tax professionals across the country, here at Wilner & O’Reilly we’re getting ready for one of the busiest times of the year – this coming April. The H-1B…
Reopening proceedings in order to apply for adjustment
WHEN an Immigration Judge (IJ) issues a removal order, the order becomes final when the affected alien does not file an appeal with the Board of Immigration Appeals (BIA). If…
If you abandon your green card, you will abandon your family’s petition
DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my wife and children. I know it will take a few years until the priority date on their petition…
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…
Can I obtain a divorce if my spouse refuses to sign?
THERE seems to be a misconception in the general public that you can only obtain a divorce in California if your spouse will sign the divorce papers. I get this…
Gang enhancement and crimes involving moral turpitude
WHAT crimes involve moral turpitude is not an easy question to answer. Some attempts to answer this question have resulted in conflicting interpretations. In Hernandez-Gonzalez v. Holder, No. 11-70359, slip…
Update on immigration reform
LAST week, a Texas federal district court Judge Andrew S. Hanen caused much uproar in the world of immigration by issuing an injunction halting the implementation of President Obama’s executive…
Work permits for H-4 spouses of H-1B visa holders
ON February 24, 2015, US Citizenship and Immigration Services (“USCIS”) announced that on May 26, 2015 it will accept applications to grant employment eligibility to certain H–4 spouses married to…
New regulations to allow certain H-4 spouses employment; young individuals can still avail of existing DACA
On February 24, 2015, the Director of the United States Citizenship and Immigration Services (USCIS) announced that effective May 26, 2015 the Department of Homeland Security is extending eligibility for…
What’s next for immigration reform?
Judge Andrew S. Hanen of the federal district court in Brownsville, Texas, issued an injunction preventing the new expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents…
Work authorization for certain H-4 spouses starting May 26, 2015
On February 24, 2015, US Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that starting May 26, 2015, spouses of certain H–1B workers may apply for employment authorization and…
Awarding child custody in California
One of the most emotional aspect of a marital dissolution case is dealing with Child custody issues. Sadly enough, this is an area where most parents play games with each…
New DACA guidelines to be implemented Feb. 20, 2015
BY now most people already know that President Obama unveiled numerous executive proposals, which will provide deportation relief to many hardworking immigrants, documented and undocumented. The proposals are also aimed…
Bush-appointed judge halts executive action
Obama to seek immediate stay of order ON Monday, February 16, 2015, US District Judge Andrew S. Hanen in Brownsville, TX, granted a temporary injunction temporarily halting Obama’s executive action…
What’s next for immigration reform?
Judge Andrew S. Hanen of the federal district court in Brownsville, Texas, issued an injunction preventing the new expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents…
Federal court issues injunction blocking DAPA and expanded DACA
On February 16, 2015, a Texas federal judge issued a temporary injunction against the implementation of President Obama’s Deferred Action for Parents of Citizens and Lawful Permanent Residents (DAPA), and…
The reasons for processing delays at the NVC
For the past several months, people have been frustrated with the delays and backlogs at the National Visa Center (NVC) concerning the processing of their (or their family member’s) immigrant…