Category: Immigration

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…

The employment-based path to US Permanent Resident Status for Filipinos in the “EB-3” and “EB-3 Other Workers” categories can require a wait of up to seven years under current processing…

USCIS has defined “nationals” as persons born in American Samoa, certain former citizens of the former Trust Territory of the Pacific Islands, and certain children of noncitizen nationals born abroad”)….

On January 24, 2014, USCIS issued guidance on the adjudication of Form I-601A waivers in cases involving applicants with criminal history. To understand the significance of this guidance, let us…

Due to the significantly shorter processing times than other categories, the EB-2 classification is highly sought after by talented immigrants. In comparison to the EB-3 immigrant category, which currently takes…

In previous articles, I wrote about the possibility of Filipinos being granted Temporary Protected Status (TPS), as a result of the devastation caused by Typhoon Yolanda. Although the Philippines has…

IN November 2013, Typhoon Haiyan tore across the Philippines, resulting in at least 6,000 confirmed deaths and the displacement of at least 4 million people. While the Philippine Government continues…

ARE you involved in a vehicular accident in which the “at fault” other driver is uninsured, or is unidentified as in a hit-and-run collision, or does not have enough insurance…

US RESIDENTS IN THE PHILIPPINES 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…

FOR many people there is no concern more pressing than that of their immigration status. People come to our office every day extremely worried and stressed about any number of…

Lawful Permanent Resident (LPR) status in the U.S. is a privilege, and the status can be abandoned, even involuntarily. Abandonment of permanent residence (also known as the “green card”) occurs…