By Atty. Crispin Caday Lozano The process for determining the age of the child beneficiary—either direct or derivative—of a Family-sponsored or employment-based visa petition or of a diversity visa application under the CSPA is more complicated. The statutory formula for these cases is that the child’s age will...
By Atty. Crispin Caday Lozano The Supreme Court rejected Monday 10/03/2016, a request from the Obama administration to rehear a case concerning its executive actions on immigration, dealing another blow to the President's attempt to put in place programs aimed at helping more than 4 million...
By Atty. Crispin Caday Lozano 1. Discussion The Provisional Waiver process where an applicant is applying for a green card waives the unlawful presence only. Other inadmissibility offenses are not waived. An individual accrues unlawful presence when he or she is “present in the United States after...
By Atty. Crispin C. Lozano There are permanent and conditional bars to the determination of good moral character. We will discuss the conditional bars to naturalization in this article. Q: What do conditional bars to good moral character mean? A: Conditional bars are not permanent in nature and are...
By Atty. Crispin Caday Lozano Sometimes, for lack of guidance from an experienced immigration attorney, applicants for immigration benefits, including those seeking K-1 or K-2 visas, makes a fraudulent action or willful misrepresentation. In these cases, the applicants are required to file Form I-601 or Application...
By Atty. Crispin C. Lozano Usually a seaman could not get a green card unless he has qualified under Sec. 245(i) which means he has a petition prior to April 30, 2001, and in some cases physically present in the United States on December 21, 2000. ...
By Atty. Crispin Caday Lozano Question: I am the beneficiary of a petition by my same sex partner in California which recognizes legality of same sex marriage. How many years do I have to wait to file for my naturalization? Answer: Marriage to a U.S. citizen shouldn’t...
By Atty. Crispin Caday Lozano The Department of Homeland Security issued a memorandum on July 29, 2016, expanding eligibility for a provisional waiver of the 3 and 10 year bar for unlawful presence which takes effect on August 29, 2016. Q. What has been expanded? A. The provisional...
By Atty. Crispin Caday Lozano If you entered into a good faith marriage but after the marriage your U.S. citizen of lawful permanent resident spouse is abusing you, then you do not have to sacrifice to get your permanent resident. You can immediately apply for a...
By Atty. Crispin C. Lozano Many fiancée who came to the United States and did not marry the U.S. citizen petitioner could not adjust status unless they qualify under the Violence against Women Act. However, there is a new provision in the law that allows these...
By Atty. Crispin Caday Lozano The U.S. Citizenship and Immigration Services (USCIS) announced the renewal process for hundreds of thousands of young non-citizens who received a grant of Deferred Action for Childhood Arrivals (DACA). Renewal of DACA ensures current DACA holders will continue to be safe...
By Atty. Crispin Caday Lozano If you were petitioned by your spouse and you received a decision from USCIS stating a finding of marriage fraud you should immediately consult an experienced immigration attorney. The Immigration and Nationality Act Sec. 204 (c) prohibits the approval of a...