Category: Immigration

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…

Dear Attorney Gurfinkel: I am a US citizen, and want to petition my husband, who is TNT. He came to the US from Canada, without any visa. He was sitting…

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:…