
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…
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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 –…
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…
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…
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…
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…
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…
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…
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…
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…
Not a week goes by that our office receives inquiries as to whether a comprehensive immigration reform, or any type of immigration reform, is likely to happen soon. As immigration…
Employment based EB-3 and OW also advances The August 2014 Visa Bulletin provides great news for Filipinos petitioned as single children of US citizens (F-1), as the priority date move…
INA 237(a)(1)(H), commonly known as the fraud waiver, provides relief to lawful permanent residents (LPR) and battered spouse self-petitioners in removal proceedings. To understand this waiver, we must first examine…
IN accordance with the US Supreme Court’s 2011 decision in Judulang v. Holder, the BIA issued a decision on February 28, 2014 that makes Section 212(c) relief available to thousands…
On June 27, 2014, the USCIS published a Policy Memorandum (PM) which could provide new hope for children who may have been eligible for benefits under the Child Status Protection…
FOR most professional immigrants that seek long term immigration status in the US, the key to success is finding an employer who would petition them for an H-1b visa. The…
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…
Individuals entering the United States on a crewman’s visa face several prohibitions on making their status legal that other non-immigrant entrants to the US are not affected by. Crewmen cannot…