Thanksgiving is a time for giving thanks
Thanksgiving is when people take a step back and reflect on all of the wonderful things and events to be grateful for, and to give thanks to those people who…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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President Obama to announce immigration relief for millions
The November elections have come and gone. The Republican Party has regained control of Congress. A passage of immigration reform seems more contentious than ever. Many immigrant advocate groups continue…
Being waved across the border could constitute ‘inspection’ for adjustment of status
In most cases, in order for a person to adjust status (obtain a green card) in the US, the person must prove he or she was “inspected and admitted” by…
Republicans: You can’t deport 11 million people!
IT IS estimated there are over 11 million undocumented immigrants in the US. Many hard-lined Republicans believe the solution to our immigration problem is to deport everyone in the US…
USCIS’ interpretation of Section 204(L): the surviving relatives’ law
SINCE the enactment of Section 204(l) in 2009, USCIS has issued official guidance to implement the provisions of the “Surviving Relatives Law.” USCIS has amended the USCIS’ Adjudicators’ Field Manual…
The December 2014 Priority Dates
The December 2014 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. Each month, the Visa…
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…
Fraud offenses and false use of social security number as CIMTs
MORE than a year ago, I discussed in an article the immigration consequences of using a false social security number. In Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000),…
Will Immigration Reform be passed by the new Congress?
The US midterm elections took place on Tuesday, November 4 and no doubt you have heard a lot about what the results mean for this country. Immigration reform was a…
Law offices don’t need to be like Starbucks
Immigration attorneys can handle immigration cases anywhere throughout the US. This is because immigration law is federal law, as opposed to state law. Therefore, even if an attorney’s office is…
CA Board Of Parole Hearings’ Panel of commissioners grants parole to Filipino lifer
ON October7, 2014, at Avenal State Prison, a panel of Commissioners of the CA Board of Parole Hearings granted parole to a Filipino lifer, who has been an inmate in…
Same-sex marriage recogized for immigration purposes
THE US Supreme Court struck down the Defense of Marriage Act’s (DOMA) limitation of the definition of “marriage” as a union between male and female spouses in Windsor v. US…
Dealing with child support arrears and CSSD
Child Support Services Department (CSSD) are often sought by the custodial parent to obtain and or enforce child support order against the non-custodial parent. If the non-custodial parent has not…
Expiration of passport could affect your visa status
Dear Atty. Gurfinkel: I was petitioned by an employer for an H-1B visa, which was issued in Manila, and I arrived in the US in September 2012. Although my H-1B…
Immigration this holiday season
The holiday season is almost upon us. This is a wonderful time of the year that provides us a great opportunity to reflect on everything we have and to spend…
Driver licenses for California undocumented starting January 1, 2015 under AB 60
On January 1, 2015, the California Department of Motor Vehicles (DMV) will begin issuing driver licenses to undocumented California residents under Assembly Bill 60 (AB 60). Under the previous law,…
Theft offenses as aggravated felonies
A conviction for an offense classified as an aggravated felony would disqualify an alien from most immigration benefits or relief. Due to these immigration consequences, anyone who’s facing a criminal…
CA Board of Parole Hearings panel of commissioners grants parole to Filipino lifer
ON October 7, 2014, at Avenal State Prison, a panel of Commissioners of the CA Board of Parole Hearings granted parole to a Filipino lifer, who has been an inmate…
‘EB-5’ Investor Visa program developments
THE USCIS Service Centers have recently received guidance and new instructions for their adjudicators relating to the timing of creating new jobs and explaining the meaning of “full-time” for positions…
I want out! Dissolution or legal separation?
WHEN the marital relationship sours to the point where one or both spouses believe that the marriage cannot be salvaged, three remedies are available to terminate or alter the marital…
The November 2014 Priority Dates
The November 2014 Visa Bulletin provides more great news for Filipinos, as the priority dates in the various family and employment categories continue to move forward. Each month, the Visa…
Readjustment of status
MOST people who follow immigration law are familiar with adjustment of status, which is the process that allows an alien who was inspected and admitted or paroled into the US…
Options to escape the H-1B ‘cap trap!’
THE debate over the United States economy and dearth of high-tech workers has spotlighted the H-1B professional working visa in the press. Nonetheless, Congress has been slow to respond in…
Prepare for this upcoming holiday season
AS the weather cools, we are reminded that the summer is over. Autumn is here, which means the Holiday season is right around the corner. Many of us are already…
Relief from removal / Deportation because Notice sent to old address
Many people were ordered removed/deported “in absentia” (in their absence) because they did not appear at their removal hearing. However, if they were not properly notified of the hearing date,…
Admission under ‘assumed name’ is legal admission for subsequent Adjustment of Status
THE US Court of Appeals for the 9th Circuit granted a joint motion to dismiss a case in which it had previously ruled that a person who entered the US…
My priority date is current, Why am I being told I can’t file for adjustment of status?
Dear Atty. Gurfinkel: I am out of status, but my employer filed a labor certification for me in 2010. The Department of Labor has already certified my labor certification, and…
Is vandalism a crime involving moral turpitude?
THE Board of Immigration Appeals (BIA) recently discussed the immigration implications of certain gang-related offenses. In Matter of Hernandez, 26 I&N Dec. 397 (BIA 2014), the respondent was charged with…
How long must I wait for my green card or citizenship?
ALTHOUGH the volume of newly-filed applications for benefits is down at the USCIS, the processing times for some applications pending at the US Citizenship & Immigration Services (“USCIS”) are longer…
K-1 Visa: Fiance(e) visa to marry US citizen
In previous editions of this article, the process of obtaining permanent residence through marriage was explored. Discussion of that procedure began with the supposition that the couple was married, and…