BIA confirms that immigration benefits are available to same-sex couples
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…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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Admission under ‘assumed’ is legal admission for subsequent adjustment of status
“ 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…
Aggravated Felonies
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…
I only have $500,000: Can I still get the Green Card?
“ 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…
F2A visa category for spouses and children of permanent residents current in August 2013
Beginning August 2013, the visa availability for F2A category of family based petitions will be current. Historically, the wait for this category was 3-4 years. The F2A category consists of…
DOS and DHS embrace Supreme Court’s DOMA ruling
Almost immediately after the US Supreme Court declared the Defense of Marriage Act (DOMA) unconstitutional, both Secretary of State John Kerry and Secretary of Homeland Security Janet Napolitano, pledged their…
Board of Immigration Appeals recognizes same-sex marriage in I-130 visa proceedings
JUST weeks after the US Supreme Court struck down the Defense of Marriage Act’s (DOMA) definition of “marriage” in Windsor v. US as a union between male and female spouses,…
Parent’s right to change child’s residence to another state in custody cases
Parents that are going through divorce and legal separation sometimes have to make a decision to move out of state for various reasons. It may be because their family network…
Visas available for spouses and children of permanent residents
MARIA is currently visiting her husband, Joselito, in the United States. She came to the United States on a valid visitor’s visa with her 10 year-old son. Joselito and Maria…
LA bankruptcy court discharges company consultant for wage claims
BY Order of Discharge of Debtor dated April 1, 2013, the US Bankruptcy Court, Central District of California, in Los Angeles, discharged a consultant of a freight forwarder from the…
Make sure you’re eligible for the ‘current’ F – 2A priority date
In a previous article, I discussed that commencing August 1, 2013, the priority date for F- 2A petitions (spouses and minor children of green card holders) will be current. This…
Waiting for your immigration case: How long is too long?
THE processing times for some applications pending at the US Citizenship & Immigration Services (“USCIS”) are longer than ever before. The USCIS holds a monopoly over all immigrants applying for…
Cancellation of removal for LPRs
Despite their right to live and work in the U.S. permanently, lawful permanent resident (LPR) aliens may be removed from the U.S. due to criminal behavior or prohibited conduct. During…
INA 204(c) Marriage Fraud Bar
Marriage fraud is a serious immigration violation with lasting consequences. An I-130 immigrant petition based on a fraudulent marriage would be denied. Additionally, under INA 204(c), no petition shall be…
I am a victim of violence, what can I do?
Question: I have been a victim of crime and also my friend was basically a slave for her employer. What can we do? Answer: There are different types of visas…
The August 2013 Priority Dates: Category F-2A is current!
The August 2013 priority dates have phenomenal news for spouses and minor children of green cardholders (Category F – 2A). That is because the priority date is CURRENT! That means that…
DOS and DHS embrace Supreme Court's Doma ruling
Almost immediately after the US Supreme Court declared the Defense of Marriage Act (DOMA) unconstitutional, both Secretary of State John Kerry and Secretary of Homeland Security Janet Napolitano, pledged their…
Senate passes immigration reform bill
ON June 27, 2013, the US the Senate passed its version of Comprehensive Immigration Reform (CIR) by a resounding 68-32 vote. S. 744, or the “Border Security, Economic Opportunity, and…
Immigration for gays now that DOMA is dead
Question: Can you describe what the landmark case of the Supreme Court has issued and ruled? Answer: In short, the United States Supreme Court has ruled that DOMA is unconstitutional,…
Waiver of joint petition to remove conditional permanent residency on a marriage entered less than two years
The Immigration Marriage Fraud Amendments of 1986 (IMFA) requires an alien obtaining a green card through a marriage less than two years old to come back at the end of…
Stepchild Entitled To Green Card Despite Mother’s Fixed Marriage
Recently, the Board of Immigration Appeals (BIA) ruled that a child could receive a green card through a step parent’s petition, even if the child’s natural parent is not eligible…
SC strikes down DOMA: Immigration benefits for same-sex couples possible
ON Wednesday, June 26, 2013, the US Supreme Court issued its decision in Windsor v. US, which ruled that the Federal DOMA, passed in 1996, is unconstitutional. The decision,…
Prosecutorial Discretion: A tool to avoid deportation
QUESTION: I got into a minor criminal situation and now I am very afraid that I will be placed into deportation proceedings. What can I do? Answer: There are several…
Gay and lesbian spousal petitions now possible?
June 26, 2013 is a historic day for gay and lesbian couples. The Supreme Court of the United States ruled that the Defense of Marriage Act (DOMA) is unconstitutional, and…
Options to escape the H1-B ‘cap trap!’
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…
Valencia court judge orders restitution payment as in a civil judgment
ON June 10, 2013, Commissioner Martin R. Gladstein of Department 2 of the Valencia, California Court, ordered restitution payment as in a civil judgment, pursuant to Penal Code Section 1202.4(i)….
Am I eligible for amnesty now?
Right now, the full Senate has begun debating on the new immigration reform proposal which was approved and forwarded by the Senate Judiciary Committee. It is expected that senators will…
Bifurcation and status only divorce
The decision to terminate one’s marriage typically brings to the forefront many issues all at once. Issues pertaining to property, support, and child custody need to be addressed in a…
Immigration Consequences of Drug Offenses
Aliens who commit drug offenses may become inadmissible or deportable. Inadmissibility means that an alien is ineligible to receive a visa or he cannot be admitted into the U.S. based…
The July 2013 Priority Dates
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A…