Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
ON September 13, 2013, California state lawmakers passed a bill to allow undocumented immigrants to obtain legal driver’s licenses. AB 60, introduced by Assemblyman Luis Alejo (D-Watsonville) will defer to…
At the Wilner & O’Reilly Sacramento office, I have come across many heart-warming success stories that give strength to the need for Immigration Reform. Since 2012, there have been some…
The October 2013 priority dates indicate that the F-2A priority date has retrogressed (or moved backwards), but by less than one month (to September 8, 2013), which is almost the…
THE USCIS recently issued guidance to provide new instructions to its adjudicators relating to the timing of creating new jobs and explaining the meaning of “full-time” for positions created through…
Adjustment of status is the process that allows an alien who was inspected and admitted or paroled into the U.S. to apply for lawful permanent residence (LPR) while in the…
LOS Angeles Immigration Judge Gita Vahid-Tehrani terminated the removal proceedings of a retired, 78-year old Filipino businessman at the hearing on August 22, 2013, by granting his motion to terminate…
EB-1 is an employment-based first-preference immigrant visa category reserved for individuals who can demonstrate that they “have risen to the very top of their field of endeavors.” Under the USCIS…
The Board of Immigration Appeals (BIA) has ruled that a parent who naturalized after his or her child’s 21st birthday destroyed that child’s eligibility for benefits under the Child Status…
QUESTION: I have a friend who has an immigration hold. He is finishing up a sentence for a crime. What can be done? Answer: A removable alien who is detained…
Roberto and Rosalie arrived in the United States in June 2012 through the petition of their only son Carlos, who is in the military. They have a comfortable life in…
Most people immigrate to the US in order to make a better life and future for their children. Therefore, it surprises me when some people take such risks and chances…
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…
INA 204(c) bars the approval of a subsequent immigrant petition for an alien who had tried to obtain benefits under a first petition which was based on a fraudulent marriage….
When the green card holder naturalizes, the F-2A petition automatically converts from F-2A (spouse/minor child of green card holder) to “immediate relative” (spouse/parent/child of US citizen). Petitions by US citizens…
ONLY a little more than one year into the Obama Administration’s Deferred Action for Childhood Arrivals Program (DACA) more than 550,00 DACA requests accepted for processing, of which over 430,000…
QUESTION: I am a US citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa? Answer:…
The September 2013 priority dates have phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That means that spouses and minor children of green cardholders would…
THE United States Department of State has issued guidance for same-sex visa applications in light of the June 26, 2013 ruling of the Supreme Court that held Section 3 of…
INA 212(a)(6)(C)(i) bars an alien from receiving a visa or admission into the U.S. if this alien has previously obtained or attempted to obtain a visa, other documentation, admission or…
On July 8, 2013, Commissioner Dennis W. Carroll of Department 8 of the Long Beach Superior Court sentenced a Filipino client, who pled “no-contest” to first driving-under-the-influence (DUI) offense, to:…
Couples have different spending habits and different philosophy in handling marital finances. Some spouses are conservative in managing their finances and stick with a budget while other spouses do not…
Recently, the Department of State (DOS) issued a cable, providing guidance to the embassies around the world on how to handle immigration cases involving same-sex couples. This means that US…
Even viewed in its best light, AB 1159 interferes with the attorney-client relationship and redundantly ‘prohibits’ conduct that is already condemned as unethical under the State Bar rules and the…
THE family court’s could grant initial restraining orders, protecting victims of domestic violence, for a period of up to 5 years under family code §6345(a). This includes personal conduct orders,…
Whenever the support of a minor child, or an adult child for whom support is authorized under §3901 or §3910 of the family code, is at issue, the court may…
Jen was 10 years old when her parents brought her to the United States. When she was about to graduate high school and filling out her college applications, she was…
On the heels of the US Supreme Court’s decision in US vs. Windsor (which struck down DOMA’s definition of marriage as being a legal relationship between one man and one…
“ In making an application for adjustment of status, an applicant must also prove that he is not “inadmissible” to the US. Certain grounds of inadmissibility may be “waived” during…
Immigration law defines an aggravated felony, not by describing its common elements but by enumerating the specific offenses that fall under this category. Originally, the Anti-Drug Abuse Act of 1988…
“ Congress created the EB-5 immigrant visa category in 1990 for immigrants seeking to enter to engage in a commercial enterprise that will benefit the US economy and create at…
