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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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…
A little knowledge can be dangerous
Despite having only limited knowledge or understanding of immigration laws, some people attempt to strategize and handle their immigration case on their own. They follow the advice of friends or…
The October 2014 Priority Dates
The October 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…
Why is the date of separation significant in divorce cases?
The date of separation is one of the most litigated issues in a divorce case. Its determination can have a significant economic consequence in the outcome of the case. The…
Immigration reform on the horizon
AT Wilner & O’Reilly, we have come across many heart-warming success stories that give strength to the need for Immigration Reform. Since 2012, there have been some extensive changes in…
Permitted activities under a B-1 business visitor visa
ALIENS who wish to visit the US temporarily for business may be issued B-1 business visitor visas. Under 22 CFR 41.31(b)(1), the term “business” refers to conventions, conferences, consultations and other…
Immigration reform on the horizon
At Wilner & O’Reilly, we have come across many heart-warming success stories that give strength to the need for Immigration Reform. Since 2012, there have been some extensive changes in…
USCIS Memorandum: Late filings under CSPA may be excused
The Child Status Protection Act (CSPA) is back in the news. On June 6, 2014, a USCIS policy memorandum was released, expanding the definition for how a CSPA beneficiary could…
Immigrant groups are furious over Obama’s decision to delay ‘executive action’ until after November elections
After promising more “executive action” by the end of September 2014, President Obama caved in to political pressure, and said he would delay taking any further “executive action” until after…
Self petitions for victims of domestic violence
ONE of the few positive developments Immigration legislation over the past twenty years has been relief for spouses and children of abusive petitioners provided by the Violence Against Women’s Act…
Reform in the Valley
Immigration reform is on the horizon. We can feel it in the air. Change is coming. President Obama may or may not pull through for the thousands of undocumented residents…
Is real estate property purchased prior to marriage considered community property in a divorce?
Generally in California, property acquired by a spouse prior to marriage is considered under the family code as separate property while those acquired after marriage are considered community assets. What…
DOL confirms that people can petition relatives for employment-based green cards
Filipinos are well-aware that it takes years and years to bring family members to US through some family-based petitions. A petition by a brother or sister could take up to…
Immigration Benefits for Adopted Children
Adopted children may obtain immigration benefits in three different ways. First, under INA 101(b)(1)(E)(i), a US citizen (USC) or lawful permanent resident (LPR) may file an immigrant petition for a…
Immigration for nannies, caregivers and custodians
US Immigration Law provides that certain unskilled workers are able to immigrate to the US based on employment. The “other workers” subcategory is for persons performing unskilled labor requiring less…
Can I qualify for a green card despite the petitioner’s death?
Consider this common factual situation. You are over 21 years old and your US citizen parent petitions you while you are inside the United States. Since this is a preference…
CIS OMB blasts Calif. Service Center’s Humanitarian Revalidation Unit over processing of requests
In its annual report to Congress, the CIS Ombudsman (CIS OMB) issued a critical report on the way the USCIS has been handling and processing requests for humanitarian revalidation. They…
Can the president achieve Immigration Reform on his own?
A few weeks ago, President Obama announced that due to Congress’ failure to come to an agreement on immigration reform that he would explore all available options for him to…
USCIS can use data mining to find out where you really live
Recently, I opened an online account at my pharmacy, so the doctor could already send the prescription(s) via internet. Within seconds of applying, the online application generated several multiple-choice questions,…
Leaders in immigration law
ON August 2, 2014, Wilner & O’Reilly, APLC celebrate its 11th anniversary. Eleven years ago, it started with a vision from Richard Wilner & Kelly O’Reilly to start a boutique…
Authorized activities under a B-2 visitor visa
ALIENS who are visiting the US temporarily for pleasure may be issued B-2 visas. Under 22 CFR 41.31(b)(2), the term “pleasure” refers to legitimate activities of a recreational character, such as tourism,…