Category: Immigration

(Part 2) QUESTION: If I am about to be 30 years old, but over 30 when it is ruled upon, will that be ok? Answer: That is unclear at this…

ON JUNE 15, 2012, President Obama announced that his administration through the Department of Homeland Security (DHS) will grant deferred action for undocumented youth that meet strict eligibility requirements. Deferred…

EACH month, the visa Of- fice of the State Department publishes, in the visa Bulletin, the priority dates for that par- ticular month, for the various family and employment based…

Shoots down most others IN A 5-3 split decision, the US Supreme Court upheld one controversial provision of Arizona’s anti-immigrant law, SB 1070, that allows police officers to inquire into…

ESTATE planning is defined as “the process of putting an individual’s personal and financial affairs in order”, by Richard S. Kinyon and Genevieve M. Moore in their “Overview of Estate…

U.S. Citizenship and Immigration Services (USCIS) alerts eligible individuals NOT to submit a deferred action request under the Deferred Action Process for Young People memorandum issued by Secretary Napolitano on…

On June 15, 2012, Homeland Security Secretary Janet Napolitano announced that “effective immediately,” certain young people would be eligible for “Deferred Action” (relief from removal) and work authorization, provided they…

THE “automatic stay” in bankruptcy is a powerful tool available to debtors to prevent collection efforts from creditors, including foreclosures. Whether you file a Chapter 7 or Chapter 13 bankruptcy…

ON FRIDAY, June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano announced that the DHS would consider granting deferred action status (DAS) to many young people in the…

A DEBTOR who gets a discharge in a bankruptcy petition is no longer personally liable for most of the debts listed in the petition. This means that creditors of the…

OVER the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity…

On June 15, 2012, the Secretary of Homeland Security, Janet Napolitano, announced that, effective immediately, those who were brought to the U.S. as young children and who meet certain eligibility…

“  The decision, which had held that an “aged out” derivative beneficiary of a family or employment-based petition for immigrant status cannot benefit from the original priority date assigned to…

Starting June 4, 2012, people applying for immigrant visas at the Embassy, but have been found ineligible (or inadmissible) by a US consular officer, will nowfile their waiver requests in…

Question: I was raped years ago. I heard there is some type of visa. Can I get this visa? Answer: You may be eligible for a U nonimmigrant visa. If…

THE USCIS has announced that its Stateside Provisional Waiver process to allow immigrant visa applicants to overcome the 3 and ten year “unlawful presence” bars should be in full force…

WASHINGTON — Today the formal public comment period closes for U.S. Citizenship and Immigration Services’ (USCIS) Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives rule. The proposed rule,…

QUESTION: I lost at the immigration Court level. Can I appeal? Answer: Yes, you can appeal. You can appeal it to the Board of Immigration Appeals in Virginia. Question: When…

EACH year, I consult with hundreds of individuals who have been ordered to leave the US by Immigration Judges.  In the vast majority of these cases, the person had applied…

MARRIAGE to a US citizen is an obvious and well- known method of obtaining legal and permanent residence in the United States. Once married to a US citizen many immigration…

For the past few weeks, Filipinos in the US (and around the world) have followed Jessica Sanchez’s meteoric rise on American Idol. She instantly became a source of pride and…

EACH year, I consult with hundreds of individuals who have been ordered to leave the US by Immigration Judges. In the vast majority of these cases, the person had applied…

QUESTION: I have heard that there is a new electronic filing system at USCIS. Is that true? Answer: It is called USCIS ELIS.USCIS ELIS is a user-friendly system created to…

Dear Attorney Gurfinkel: I was petitioned by my US citizen father, and after waiting for over 15 years, I was finally interviewed and just received my immigrant visa, which was…

On June 17, 2011, US Immigration and Customs Enforcement (ICE) Director John Morton issued a Memorandum to provide guidance on the exercise of prosecutorial discretion (the Morton Memo). “Prosecutorial discretion”…

THE Board of Immigration Appeals (BIA) has restored its prior ruling that “admission” for the purposes of a later adjustment of status means a procedurally regular admission, and not an…

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize…

QUESTION: I would like to become a US Citizen. What can I do and what are the basic requirements? Answer: These are the basic requirements: Be 18 or older; Be…