Risks You Should Know When Filing a Citizenship Application
An N-400 naturalization application may appear to be a simple application. For most applicants that might be true but for some there are serious risks that go beyond mere denial…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
Read More
Breach of fiduciary duty in the management and control of community property after separation
The duties owed between spouses in the management and control of community property are the same with regard to those in a fiduciary relationship. The marital entity is one with…
Apportionment of retirement benefits in divorce cases
One of the major assets a divorcing couple usually has, other than real estate property, are retirement benefits such as company pensions, 401k, and other deferred compensation. The problem in…
Deferred Action for DREAMers-the rules
ON Friday, August 3, 2012 the USCIS issued new guidelines and Frequently Asked Questions (FAQs) to clarify the rules and requirements for “Childhood Arrivals” to the US who may benefit…
Important Things to Remember about the New I-601A Waiver Process
The details of the DHS Final Rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives, which was published on January 3, 2013 and which take effect on…
Finally! We can apply for a stateside provisional waiver
QUESTION: I have heard that the regulations for the Stateside Waiver are final. Is that true? Answer: Well, first you musty realize that an applicant for an immigrant visa, adjustment…
601 provisional waiver for unlawful presence a reality
A PROPOSED change in the process of obtaining an I-601 waiver was recently entered in the federal registry and people will be allowed to apply for this provisional waiver beginning…
Permanent residency through marriage to US citizen spouse
The economic crisis and changes in immigration legislation has made it more difficult to pursue certain traditional paths to obtaining permanent residency in the United States. Employment based immigration has…
Clients’ Bill of Rights
EVERY year, I write hundreds of articles for the press dealing, in general terms, with new immigration laws, regulations and interpretations impacting hundreds of thousands of immigrants both inside and…
Immigration Detainers
0 Comments and 0 Reactions In 2012, we saw a sharp contrast in the enforcement of immigration laws against different groups of aliens. The deferred action for childhood arrivals (DACA)…
The December 2012 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…
The R-1 Religious Visa
Question: I am a priest. Can I get a visa to come to the US? Answer: Yes. You would have to fall under the definition of a minister and be…
When would marriage hurt my petition?
(PART II) In a previous article, I discussed various situations where marriage would affect a person’s eligibility for a visa, and situations where it might be advantageous to marry before…
‘Yay, Obama!’
The Deferred Action for Childhood Arrivals (DACA) Program was introduced in June 2012 and was implemented August 15, 2012. Within just one month of the program’s start date, the USCIS…
Filipina RN denied green card through employer petition for failure to maintain H1-B status
A FILIPINA registered nurse licensed in California, her husband, and minor son are in removal proceedings with the Los Angeles Immigration Court ( I.J. Philip J. Costa) because their applications…
What do I have to be thankful for this year?
QUESTION: I have been fighting for years to obtain residency and it seems like a never ending battle. I’m getting down and don’t really know if I want to continue….
Employer’s ability to pay in hiring foreign workers
An employer need not be a Fortune 500 company, have been in business for decades or employ dozens of workers in order to sponsor an alien to work for its…
L and E visas for entrepreneurs
THE debate over the United States economy and dearth of high-tech workers has spotlighted the H-1B professional working visa in the press. Congress raised the number of visas available in…
The Risks of Traveling Abroad for LPRs with Crimes
A lawful permanent resident (LPR) is authorized to live and work in the US on a permanent basis. An LPR is allowed automatic entry into the US after short trips…
Avoid being suspected of marriage fraud
MARIA came to the United States 10 years ago after divorcing her husband in the Philippines. She came to the United States as a tourist, but decided to stay because…
The immigration bond
Question: My husband is in detention and deportation proceedings. Can he get out? Answer: For noncitizens and their families, nothing is more important than the noncitizen’s release from jail. These…
Lifetime ban for filing 'frivolous' asylum claim
Recently, the Seventh Circuit Court of Appeals upheld the deportation/removal of a person who had filed a “frivolous” asylum claim, in which the person had stated that he was persecuted…
Retention of priority dates for ‘aged-out’ children
THE USCIS is processing adjustment of status applications filed by “aged-out” Beneficiaries of preference petitions relying on the Child Status Protection Act (CSPA) as interpreted by the US Courts of…
The Affidavit of Support: Do I need it?
Question: I have already worked in the United States for some time. Does my sponsor still need to submit the affidavit of support? Answer: Under INA §212(a)(4)(C), an alien who…
I don't need $1,000,000 for the Green Card?
QUESTION: I heard that there is a type of visa whereby I don’t need to invest $1,000,000 to get the Green Card, but rather can use my business knowledge and…
DACA Program secure as Obama wins re-election
THE Deferred Action for Childhood Arrivals (DACA) Program was introduced in June 2012 and was implemented August 15, 2012. Within just one month of the program’s start date, the USCIS…
Can you get a Green Card even if you're over 21 years old?
Question: My auntie petitioned my mother when I was 3 years old. However, the visa process is so slow that it took 22 years for the visa number to become…
What's happening with Immigration Reform?
Question: Is there any movement on new Immigration Bills since President Obama was re-elected? Answer: The House voted on a STEM bill – standing for science, technology, engineering and mathematics…
I want out! Dissolution or legal separation?
WHEN the marital relationship sours to the point where one or both spouses believe that the marriage cannot be salvaged, three remedies are available to terminate or alter the marital…
Rudolf Golez: Acclaimed Filipino Virtuoso Pianist in concert
Rudolf Golez: Acclaimed Filipino Virtuoso Pianist in concert THE heavy rain on November 17, 2012 did not stop a knowledgeable and discriminating audience at Gennario’s Ristorante in Glendale, California, from…