Category: Immigration

VETERANS who once served on active duty at time  of war, need not be in combat, in the United States Army, Marine Corp, Air Force, Navy, or Coast Guard, or…

QUESTION: I have years of experience, but cannot get an H-1B as they are used up. Are there any alternatives to the H-1B? Answer: There is the option of the…

Even with the passage of immigration reform stalled in Congress, the State of California has been enacting laws benefitting the undocumented population of the State.  Notable among these immigration related…

If you have ever filed a petition on behalf of a relative (i.e. a brother, sister, adult child, etc.), and then moved to a new home, you must notify the…

One may acquire U.S. citizenship either at birth or through naturalization. Birth in the U.S. is the common way of acquiring citizenship. Under INA 101(a)(38), the incorporated territories of Puerto…

A NON-CITIZEN in the US that has committed a Crime Involving Moral Turpitude (CIMT) may be inadmissible to the US This means the person will likely not be issued a…

ESTATE planning for sophisticated individuals with significant net worth should consider using family business entities, primarily for income, gift, and estate tax planning, and even tax saving through valuation discounts…

QUESTION: It seems years ago I supposedly received a notice to go to court, but never went because I never really received the notice. What can I do? Answer: An…

Dear Atty. Gurfinkel: I divorced my first spouse in California, and then married an American citizen, who petitioned me for a green card, along with my child from my first…

OVER the past several years, the USICE and related law enforcement agencies have embarked on an aggressive campaign to apprehend and remove from the United States thousands of aliens against…

Overview A KEY element under consideration by Congress as it debates a comprehensive immigration reform bill is whether a “pathway to citizenship” for the estimated 11 million unauthorized immigrants in…

The government shutdown which began on October 1, 20013 and continues on without an end in sight has worried many with immigration concerns. We have received numerous inquiries from clients…

Some people, desperate for a better future in America, rely on the help of unscrupulous immigration consultants, who promise to “solve” the person’s immigration problem, secure them a work authorization,…

WHILE the Federal Government wallows in its tiresome partisan war over the Budget and prepares to continue the act with the Debt Ceiling later this week, little movement can be…

In previous articles, we have discussed the requirements and implications of grandfathering under INA 245(i). We have also focused on the question of when a petition or application is approvable…

A NONCITIZEN in the US that has committed a Crime Involving Moral Turpitude (CIMT) may be inadmissible to the US This means the person will likely not be issued a…

A JUDGMENT creditor in California obtains a final money judgment from a California court (state or federal) against a Philippine company or Philippine resident, and seeks recognition and enforcement of…

If you obtained a green card through a fake job, you may already want to consider seeking the advice and guidance of a reputable attorney, to see if there is…

FOR the first time since the Clinton Administration, the Federal Government began a partial shutdown on October 1, 2013, with the Senate and House of Representatives unable to reach an…

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…

QUESTION: I’m an Australian Citizen. Are there any special visas from Australia that I might be able to qualify for as an Australian Citizen? Answer: Yes. The E-3 nonimmigrant classification…

Dear Atty. Gurfinkel: My family and I came to the US before 2007, to make a better life and future for our children, who then were still under 16 years…

“ Most attorneys practicing Immigration Law offer “free initial consultations,” or charge a nominal fee for such service to prospective clients.  People taking advantage of “free” consultations; however, often walk…

We previously discussed adjustment of status and grandfathering under INA 245(i). Under INA 245(i), an alien, (a) who is physically present in the U.S. and (b) who entered without inspection,…

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…

You could always apply for a change of status when you get to the US. For example if you come to the United States on H-4 status, you could always…