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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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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,…
Mandamus actions to compel USCIS’ action
THE processing times for some applications pending at the US Citizenship & Immigration Services (“USCIS”) are longer than ever before. The USCIS holds a monopoly over all immigrants applying for…
Community property transactions between spouses: Heightened duties and the presumption of undue influence
CALIFORNIA law on the nature of spouses’ rights and obligations with respect to management and control of community property has evolved over the last thirty years from less stringent “good…
Priority dates continue to surge forward!
The September 2014 Visa Bulletin continues to provide great news for Filipinos petitioned as single children of US citizens (F-1), as the priority date moved forward from June 1, 2004…
Leaders in immigration law
ON August 2, 2014, Wilner & O’Reilly, APLC celebrates its 11th anniversary. Eleven years ago, it started with a vision from Richard Wilner & Kelly O’Reilly to start a boutique…
How to make the most of your immigration consultation
THE 30-45 minutes that a person spends interviewing their potential immigration attorney may turn out to be the most important conversation of their lives. Duringa the consultation, the immigrant must…
Court upholds BIA’s ‘fixed marriage’ finding
While it is true that some people “got away” with fixed marriages, a person is taking a big risk in trying to do so, because, if caught, it results in…
Possible H-1B visas for nurses
ON July 11, 2014, USCIS issued a policy memorandum on the adjudication of H-1B petitions for nursing occupations. Most registered nurse positions do not qualify for H-1B classification but the…
US residents in PH: How to not abandon US resident status
Lawful Permanent Resident (LPR) status in the US is a privilege, and the status can be abandoned, even involuntarily. Abandonment of permanent residence (also known as the “green card”) occurs…
Does the creation of a revocable living trust, during the marriage, transmute separate property to community property?
Divorcing couples may have established revocable living trust for estate planning pusposes during their marriage which was funded primarily with assets acquired by one spouse prior to the marriage. The…
Work authorization for parents of DACA recipients?
According to news reports, President Obama is considering executive action to let millions of undocumented immigrants obtain work permits and allow them to stay in the US “legally,” without threat…
US residents in the Philippines: How to not abandon US resident status
LAWFUL Permanent Resident (LPR) status in the US is a privilege, and the status can be abandoned, even involuntarily. Abandonment of permanent residence (also known as the “green card”) occurs…
States take up immigration reform as us congress wallows in its own mire
AS the US Congress continues to mire itself in a tiresome partisan war over every issue that crosses its path, States have begun to answer the call and do the…
If you don’t claim your visa, your case could be shred
Dear Atty. Gurfinkel: Years ago, I was petitioned by my US citizen father. The priority date is current, but our family has not received any papers in connection with processing…
Avoiding an affidavit of support (Form I – 864) by working 40 quarters
Family based petitions and some employment-based petitions (where a relative owns a 5% interest in the petitioning company) require the petitioner to submit an affidavit of support (Form I –…
Filing for DACA extensions: Two more years!
LAST week, Secretary of the Department of Homeland Security (DHS) Jeh Johnson announced that the USCIS is ready for the first round of applications for extensions of deferred action and…
The I-601A Provisional Waiver: ’Reason to Believe’ memo, six months later
On March 4, 2013, the Final Rule on Provisional Unlawful Presence Waivers for Certain Immediate Relatives took effect. The new law provided a significant benefit to spouses, children and parents…
Avoiding an affidavit of support (Form I – 864) by working 40 quarters
The substitute sponsors include spouse, parent, mother-in-law, father-in-law, brother or sister, child, son-in-law, daughter-in-law, sister-in-law, brother-in-law, grandparent, grandchild, or legal guardian. Family based petitions and some employment-based petitions (where a…
CSPA’s “Sought to Acquire” Requirement
The Child Status Protection Act (CSPA) allows an applicant for immigration benefit under a preference category, either as a direct or a derivative beneficiary, to retain his classification as a…
Is premises liability included in general negligence?
ON July 8, 2014, the Hon. Brian C. Yep, presiding Judge of Department A-10 of the Lancaster Superior Court, ruled that premises liability in Plaintiff’s second amended complaint is included…
The I-601a provisional waiver ‘reason to believe’ memo—six months later
ON March 4, 2013, the Final Rule on Provisional Unlawful Presence Waivers for Certain Immediate Relatives took effect. The new law provided a significant benefit to spouses, children and parents…
Presenting a compelling case for prosecutorial discretion
WITH the USICE Prosecutorial Discretion program under way, thousands of cases pending before the US Immigration Courts and Board of Immigration Appeals (BIA) are ripe for review to determine whether…
When is misrepresentation material for purposes of INA 212(a)(6)(C)(i)?
About a year ago, we discussed inadmissibility under INA 212(a)(6)(C)(i), which bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or…