Category: Immigration

EVEN as the Obama Administration has espoused some more lenient policies toward persons who have violated their immigration status in the US, such as prosecutorial discretion, USCIS over the past…

Dear Atty. Gurfinkel: Years ago, I entered the US under a different name but have been law-abiding and paying my taxes since then.  My child, who was born in the…

A CRIMINAL conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude…

ONCE again, the USCIS has announced that the H-1B cap has been reached within one week of opening on April 1, 2014.  Even though we are talking about visas that…

The May 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.”  It is phenomenal news for spouses…

Even as the Obama Administration has espoused some more lenient policies toward persons who have violated their immigration status in the US, such as prosecutorial discretion, USCIS over the past…

A criminal conviction for domestic violence might affect an alien’s eligibility for immigration relief or benefit. This conviction might qualify as a ground for inadmissibility under crime involving moral turpitude (CIMT). It might also qualify as a ground for deportability under aggravated felony or domestic violence. Grounds for inadmissibility disqualify an alien who is trying to enter the US from getting a visa or admission. Grounds for deportability make an alien who has already been admitted into the US susceptible to removal.

IF the Department of Homeland Security has initiated Removal Proceedings against you, an Immigration Judge will preside over your case in Immigration Court and a government attorney will seek your…

Although some same – sex couples, like many opposite sex couples, may think they can file and handle the case on their own, I would strongly suggest they seek the…

ALTHOUGH attorneys take an oath upon admission to the bar to zealously advocate on behalf of their clients, I have heard an overwhelming number of stories in which potential clients…

Dear Atty Gurfinkel: My American Citizen sister would like to petition me, but it would take many, many years to get a green card through a family petition.  She also…

As this year’s H-1B filing season comes to a close, employers not able to submit their applications on time or those whose cases are not chosen in the H-1B lottery…

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…

Drug trafficking crimes are aggravated felonies. There are two distinct aggravated felonies under INA 101(a)(43)(B), illicit trafficking in drugs and drug trafficking. In Matter of Sanchez-Cornejo, 24 I&N Dec. 273…

REPUBLIC Act No. 10175, known as the Philippine Cybercrime Prevention Act of 2012, is caught in a time warp. Its provisions on cybercrime offenses in Chapter 11 are copied from…

Employees of an international company that are transferred into the US temporarily to work for the company’s parent, branch, affiliate or subsidiary enter the US on an L-1 Intra-company Transferee…

Many people may be guilty of attempted “alien smuggling” and not even realize it. They may also be totally unaware of the harsh or drastic consequences to themselves and the…

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…

THE H-1B visa cap is set to open again on April 1, 2014.  As usual, we are seeing much interest by individuals and employers seeking obtain the H-1B nonimmigrant visa. …

THE District Attorney’s Office of the County of Los Angeles, through its Bureau of Investigation, had late last year conducted worker’s compensation compliance checks in Carson, California. Investigators interviewed employees…

As dramatic as it sounds, the 30-45 minutes that someone spends interviewing their potential immigration attorney may turn out to be the most important conversation of their lives. During the…

The April 2014 priority dates indicate that the F-2A priority date still remains at September 8, 2013, which is almost the same as being “current.”  It is phenomenal news for spouses…

WITH the US House of Representatives showing zero initiative towards overhauling the nation’s immigrations laws, it appears that H-1B visas for FY 2015 will run out on April 1, 2014,…

On February 28, 2014, the Board of Immigration Appeals (BIA) issued its decision in Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), which clarifies the scope of INA 212(c)….

GETTING your green card is a wonderful accomplishment.  When we represent a client at their adjustment of status interview, the room is filled with smiles and happy tears when their…

Many individuals entering the United States on a visitor’s visa wonder whether they can adjust status on the basis of a petition from an immediate family member (spouse, parent, child). …

Recently, a young woman came to my office for a consultation after USCIS denied her naturalization application. The reason? Her mother immigrated to the US as “single” but was secretly…