Visa fraud and false claim to United States citizenship
TWENTY years ago, Abel, who was 20 years old, entered the United States using his cousin’s passport that had a United States visa. They looked alike and were the same…
Category: Immigration
Covering the week’s most noteworthy immigration news impacting the Filipino-American and Global Filipino community.
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USCIS Hosts Entrepreneurs in Residence Information Summit
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas hosted an Information Summit today at the NASA Research Park in Moffett Field, Calif., to launch the USCIS Entrepreneurs in Residence…
Valentine’s Day nightmare: Victims of domestic violence and permanent residency
VALENTINE’S Day is traditionally a holiday for couples to celebrate their love. However, when good relationships go bad, Valentine’s Day becomes one abusive nightmare. Debbie entered the United States as…
USCIS Announces Expansion of E-Verify Self Check
ORLANDO, Fla.—U.S. Citizenship and Immigration Services (USCIS) today announced that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now…
My business is getting audited by ICE! Now what?
QUESTION: I’m afraid that I will get in trouble. My worksite is being audited. What should I do? Answer: Here are some useful tips. You should consider doing the following:…
Annulment of marriage and its advantages and disadvantages over dissolution
A PETITION for nullity of a marriage is based on an allegation that an impediment existed at the time of the marriage that prevented the marriage from ever existing. Whereas…
Do I have to wait for years to come to the US?
QUESTION: I have been waiting for many years to come to the United States from a petition from my sister. It has been 14 years. Must I still wait? Answer:…
Naturalization may delay reunification with your child
IN August 2004, Jade, a legal permanent resident, petitioned for her child, John. John was classified under the F2A category as an unmarried child of a legal permanent resident. When…
I don’t have to leave the US for the waiver of the 3/10 year bar?
QUESTION: I heard that there is some new law about the Waiver of the 3/10 year bar. What is it? Answer: It is not actually law yet, but it is…
Overcoming allegations of marriage fraud
MANNY and Mary worked together at the same healthcare facility. Despite a 20-year age difference, they became close friends and started dating. Within 5 months, Manny proposed. Due to financial…
I can stay in the US and submit my waiver!
QUESTION: I have heard that there is a new way that I can submit my Waiver of the 3/10 year bar. Is that true? Answer: Normally, you would have to…
An exciting development in the area of immigration waivers
AS WE begin this New Year, we hope that 2012 will be good for all of you, especially in the area of immigration law. Traditionally, immigration law has seen positive…
Permanent residency and divorce
WITH the New Year comes the opportunity to reflect on our lives and to set goals for ourselves during 2012. Many of these goals will revolve around health, work, and…
Obtaining bond in immigration custody
AT LEAST once a week, someone comes into my office panicking because their spouse or other relative has been picked up and detained by immigration authorities. The relative was arrested…
Holiday thoughts of hope
IT IS hard to believe that we will be greeting a new year in less than three weeks. If you are like me, you are in the midst of Christmas-related…
The practical side of hope
THE powers of hope and prayer should never be underestimated. Similarly, the power of practical action and the implementation of resolution should occupy a large part of your day. We…
Petition to Remove Conditions on Residence
Conditional residence is the immigration status of a foreign national who was approved for permanent residence (green card) within two years of getting married to a US citizen. During the…
Your liability for your spouse’s financial irresponsibility
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…
Can I get a quick divorce when issues exist regarding property, support, and custody?
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…
K-1 Fiancé Visa
Valentine’s Day is just around the corner. It’s the time of the year when many couples get engaged or married. If you are an American citizen who intends to marry…
H-1B for Fiscal Year 2011
H-1B season is around the corner. On April 1, 2010, the United States Citizenship & Immigration Service (USCIS) will accept H-1B filings for the Fiscal Year 2011. The start date…
EB-3 “Other Worker” Category
In a previous article, we covered eligibility requirements for EB-2 advanced degree and exceptional ability aliens, and EB-3 skilled and professional workers. The third preference category of employment-based immigration (EB-3)…
EB-2 vs. EB-3 – Which one is Right for Me?
Each year the immigration regulations provide a minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. While some categories have a backlog of several years, others…
Greencard in a year, invest $500K in a regional center
Congress established the employment based fifth preference (EB-5) immigrant visa category under the U.S. Immigration Act of 1990 (IMMACT90) in the hopes of attracting foreign capital to the U.S. and…
Maintaining Status and the Nonimmigrant Extension Nightmare
World events and political changes over the past couple of years have exposed the different faces of the American people. As a whole, American patriotism has become more visible. But…
Community property interest in employee benefit plan of spouse
An action for dissolution of marriage often involves the division of community property. Typically, this involves property that is in the control and possession of either spouse. However, community property…
Prosecutorial discretion + Prioritization = Hope
LAST week, the Obama Administration announced an (immigration) Prioritization Plan. Priority: enforcement of immigration laws against serious criminals who are a threat to our public safety, i.e. deporting them. Not a priority:…
Knowing your rights to reimbursements during divorce
DIVORCE can be a bit complicated specially if there are community assets and debts involved. Generally, accumulations and earning after the date of separation is each spouse’s separate property. What…
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…
Factors that are considered in an award of spousal support
The purpose of spousal support is not defined by the legislature in that its purpose varies according to the facts and circumstances of each case. The facts and circumstances of…