Immigration and Filipino Divorce!

There are many myths and falsehoods you need to be aware of.

Here is a scenario - A USA Army Officer comes to the Philippines, meets a beautiful Filipina, and they legally marry in the Philippines. Following marriage, he applies for a spousal visa for her and they move to the USA. After 20 years of marriage, they decide to divorce while living in the United States. At the time of divorce, she was still a citizen of the Philippines having not ever naturalized as a US citizen.

The following are common questions about this couple’s scenario and the common Answers (right, wrong or myth):

1. Their USA divorce is invalid because she is Filipina and the Philippines does not allow divorce, her only option is annulment.
2. Their divorce is valid only in the USA.
3. She can never remarry in the Philippines.
4. If they have children, they will always have the same legal rights whether their parents divorce in the USA or not.

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Now the TRUTH

1. Because at the time of divorce, one of the parties was not a Philippines citizen, the divorce is valid even in the Philippines. However, because the wife was still a Philippines citizen at the time of the divorce, if she wants to remarry in the Philippines she must seek a Judicial Recognition of Foreign Judgment
   When is the judicial recognition of foreign judgment/ divorce decree applicable? It is applicable when one of the parties to the marriage is a foreigner; and, the foreigner obtains a valid divorce/ nullity of marriage in his/her country.
2. The divorce and all associated separation agreements including property and child rights are valid.
3. She may remarry if she gets an annulment or a Judicial Recognition of Foreign Judgement.
4. Myth, Parental rights may apply in certain conditions, but only when the two parties do not agree in writing during the divorce.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Visa Denied What's Next?

So you applied for a tourist Visa to the USA for your spouse, paid the fee, filled out the application and did the interview. Then you are told the Visa application was denied. Most likely cause is the interviewer determined there was insufficient reasons to determine the applicant would return to the Philippines.

What do you do now?

1. Contact an Immigration Attorney - They can review your application and analyze your interview and assist you in providing truthful and credible justification of the ties that were missed the first time
2. Re-apply - Yes fill out a new application and pay your fee. There is no limitation on when, but your immigration attorney should help you, to avoid possible mistakes in the first application and interview preparation.
3. Prepare for the interview - do NOT think you need to embellish or exaggerate. It may or may not be the same person to interview you, and the danger is that they may get suspicious if your story is radically different. Remember this is subjective so your job is to provide additional ties you may have missed the first time. Check the list of well known ties interviews are looking for.

The ties that bind

1. Business Ties - do you run a business, have employees or have operational control over some part of an ongoing business where your return is necessary?
2. Family Ties - do you have family members here that need you? Children alone may not be enough but dependents are a factor. Remember it is subjective and therefore it is the total impression.
3. Home Ties - Are you an active member of the community or church? These ties may be the most influential but they also may not have come up in the first interview when asked,"Why do you think you will return?"
4. Political Ties - Are you active in politics at any level? You may not want to tell others how active you are, you may not want it public. But if you are, that may be something you share with the interviewer.

Remember the interview is subjective, it is your job to convince the interviewer. Clearly if you did the first application on your own, this time do it better with the assistance of an Immigration Attorney!

Good luck!

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Getting Married to an American citizen on a Tourist Visa: Know the risks

If you are applying for a US tourist visa for purposes of marriage to an American citizen in the United States during your brief stay in the country and hope fast track your legal status from tourist/ visitor to immigrant, then you must think twice before doing it.

While love does move “in mysterious ways”, proving the validity of a whirlwind marriage to the probing eyes of United States Department of State can be extremely difficult and may hold unfavorable and devastating consequences to you and your fiancé/ fiancée.

Similarly, if your intention to obtain a tourist/ visitor visa is to marry an American citizen in the United States with the promise of coming back after your limited stay expires, that may still not guarantee you an approval from the US Embassy.

What are the risks?

Although you may reason that true love is the ultimate cause of your whirlwind marriage to your American citizen fiancé/fiancée, the Embassy is not easily get convinced that you are telling the truth. Due to the number of cases of visa fraud involving non-immigrants using their US tourist visas to hasten the process of applying for permanent residence by marriage to their American citizen lovers during their brief stay in the United States as tourists, your case, more than likely, will be an item for investigation.

Once the Embassy conducts a field investigation and you fail to prove that your intention to get married is not to hasten the process of obtaining immigrant status by immediately applying for permanent residence after the marriage, allowing you to have a reason to extend your stay in the United States, then you may face fraud charges and possibly be banned from entering the United States. Your US citizen fiance at the same time may be subjected to criminal prosecution if it is proven that he/ she took part in assisting with fraud.

What is the better option?

Because nothing is impossible, coming to the United States on a tourist visa and meeting someone who is an American citizen and marrying that someone during the tourist visa holder’s brief stay can happen. It can even be a viable reason for the tourist to adjust their status from a visitor to permanent residency after the marriage but the potential risks of proving that the couple’s intentions are pure and not fraudulent can still be a looming possibility.

There are many other ways to get married and obtain immigrant status in the United States but they have certain requirements that involve a lengthier process. Sometimes, for various reasons ranging from poor health to financial constraints, applicants trying to get to the United States on a permanent basis through marriage find ways to shorten the process by resorting to illegal and fraudulent means such as using a tourist visa instead of properly applying for a K1 or Fiancé/ Fiancée Visa.

What’s the difference between a tourist/ visitor visa and a K1 visa?

There are two kinds of visitor visas, a "nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence".

A tourist/ visitor visa is obtained by people who want to stay in the United States on a temporary basis.

Technically, a tourist visa falls under three categories.

The B-1 tourist visa is obtained for business purposes. The B-2 tourist visa is obtained for pleasure such as tourism, vacations or for visiting purposes. The B-1/B-2 tourist visa is a combination of both.

According to the US Department of State, obtaining permanent residence is not allowed on visitor visas.

To find out what are permitted and not permitted on visitor visas, here.

On the other hand, K-1 visa is a non-immigrant visa that allows the applicant to get married with his or her American citizen fiancé/ fiancée for a limited time in the United States. This type of visa allows the applicant to obtain permanent residence after the marriage ceremony has taken place and the proper application for permanent residence had been filed.

To get more information about K-1 visa, you may visit the USCIS website or click here.

I want to know more about my options, who can I contact?

Consulting a licensed immigration attorney is the best option if you want to know more about getting married in the United States with your American citizen fiancé/ fiancée without fear of facing potential legal risks and consequences.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

How Difficult is it for a US Citizen to bring his/her Filipino/Filipina Partner/Spouse to the United States for a Visit?

Easy if you know the ins and outs!

1. The common misconception is that all it takes is money in the bank. That is a factor, but not the only factor.


2. The key to focus on is the US Embassy's determination if the visa applicant has established "sufficient ties." This a broadly defined term and it eventually boils down to whether the interview American consular officer is convinced that the Filipino visa applicant will come back upon the conclusion of their trip.


3. If the "ties" are substantial like the following you are more likely to be approved:
   • The Filipino/Filipina has an ongoing business here;
   • Membership in Philippine Organizations such as Church or Charities;
   • Children in Philippine Private School
   • Any subjective factor in the eyes of the interviewer.


4. The following may NOT be viewed as sufficient "ties"
   • Just having children, especially teens;
   • Bank Accounts;
   • Jobs, especially if the Philippine Job is not unique to the Philippines
   • Land or other fixed assets as they can always be sold;
   • Here too if in the opinion of the interviewer there are insufficient ties.

This is not intended to hassle anybody, so getting up tight or irritated is not going to be helpful.

Be prepared but not scared. Be honest and cooperative. Any sense of evasion may mean a denial of the Visa.

If you are turned down there is a waiting period to reapply. If they judge there was deception the denial may carry additional restrictions. We will talk about the appeal and reapply process in future blogs.

How to Apply

1. Pay the visa application fee.


2. Complete the Nonimmigrant Visa Electronic Application (DS-160) form.


3. Schedule your appointment on the web page at http://www.ustraveldocs.com/ph/ph-niv-typeb1b2.asp


• You will need three pieces of information in order to schedule your appointment:
  • Your passport number
  • Your MRV fee payment receipt number
  • The ten (10) digit barcode number from your DS-160 confirmation page
• Visit the U.S. Embassy/Consulate on the date and time of your visa interview.

Keep Cool but don't freeze. Enjoy your trip!
If you need help or run into problems don't hesitate to call me.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Oh My God my passport is REVOKED!

What do I do now?

So you just got the news that your passport has been revoked. It may be due to Back Taxes, Unpaid Child Support, or a Warrant for your arrest.  It may be unexpected or it may be something you  have feared.  Nonetheless, you must deal with it or you cannot travel in the best case or be detained in the worst case.

What do you do now?

Without question, the best thing you can do is retain the services of an Immigration Attorney!  This may not be apparent, after all you are not immigrating. But here are the reasons:

Reasons to retain an Immigration Attorney:

1. He knows your Rights.
   • By federal statute, the Secretary of State may issue a U.S. passport only to United States citizens and nationals.
   • Every United States citizen is entitled to a U.S. passport provided that they, or an adult acting on a child’s behalf, comply with all applicable requirements, and that there is no statutory or regulatory reason to deny the passport.
   • A U.S. passport is issued to each eligible applicant.
   • Children may acquire the citizenship of a non-U.S. citizen parent and potentially have a passport from both the U.S. and the country of the non-U.S. citizen parent’s citizenship at the same time.
   • U.S. passport books and U.S. passport cards for adults are valid for 10 years.
   • U.S. passport books or U.S. passport cards for minors under age 16 are valid for 5 years.
   • You may apply for a U.S. passport within the United States and at U.S. Embassies and Consulates abroad. Within the United States passport applications may be submitted at passport agencies or at more than 9,400 designated local applications acceptance facilities nationwide.
   • All minors and most passport applicants (when submitting Form DS-11) must appear in person.
   • A U.S. passport book or U.S. passport card is now required to return to the United States from Western Hemisphere countries. Learn more about on WHTI Travel requirements.


2. He knows the applicable Passport Laws of the USA.
   • 22 U.S.C. sec. 212; Passports
   • 22 U.S.C. sec. 211a; Passports
   • 8 U.S.C. § 1185
   • 22 CFR 51.7 - Passport property of the U.S. Government.
   • 22 U.S.C. § 2705
   • Many More!!!


3. He knows his way around the Embassy and likely the very officials you must work with.
   • Who can you trust to connect you with the proper people?  The Security Desk at the Embassy or an Immigration Attorney that has represented hundreds of people in your situation, who, where, how to best represent your rights and needs?


4. He can represent you to a U.S. Attorney.
   • If you need representation in the USA, an Immigration Attorney will have professional relationships with many corresponding attorney’s in the USA, this alone could save you a lot of effort and ensure you get the right qualifications.


5. Save time and money by retaining someone that can help you best.
   • Just knowing what you need to do will save you many hours of anguish.
   • Knowing who you should talk to will save you many hours of trying to get answers to your questions.
   • Having a network of qualified Attorneys will save you many hours and potentially many dollars in the search for the  best suited experts in your situation.

Bottom Line - There is an old saying, “There is nothing more expensive than the cheapest.”  This simply could not be more true when it comes to legal representation.  Yes it will be cheaper if you do it yourself...cheaper in cash outflow, but much more expensive in your time and the errors you might make.  What is your time worth?  What are you risking by doing it yourself, what about the mistakes you might make that make things worse?  Another old saying, "Pay me now or pay me later." The money you think you might save in doing it yourself could end up being just added expense to fix what you make worse, perhaps much worse on your own.

Let me help you save time and money,
Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

You get what you pay for: The disadvantages of hiring a US immigration consultant versus hiring a US immigration lawyer.

In our last article, we discussed why hiring an immigration lawyer is a worthy investment.

Simply put, an immigration lawyer provides valuable legal assistance and services to clients seeking help with various immigration related cases that are, more often than not, complicated and confusing.

In the United States, an immigration lawyer is the only person authorized by law to offer and give legal advice and represent a client.

For those seeking a US visa or getting an immigration case resolved through the United States Citizenship and Immigration Services (USCIS), hiring a US immigration lawyer is undoubtedly the best option to ensure a smooth journey towards obtaining positive results.

Unfortunately, many applicants still choose to take a different route.

Those who are confident with their own capabilities to obtain the USCIS’ stamp of approval sometimes prefer to go through the application process pro se while those who cannot or do not want to rely on themselves to go through the process, but are hesitant to invest on a US immigration lawyer, choose to employ the services of an immigration consultant.

What is a US immigration consultant?

A US immigration consultant is anyone who provides assistance to applicants trying to obtain a US visa and those going through various applications related to immigration. The US immigration consultant can be anyone with either a vast or very little knowledge about immigration and its corresponding policies and regulations.

What can a US immigration consultant do for you?

The role of a US immigration consultant is limited to preparing paperwork such as filling out forms for applicants who cannot or do not want to fill out the forms on their own. The US immigration consultant, while filling out the forms for the applicant, can translate the questions for non-English speaking applicants and write their responses on the forms in English, if necessary.  Any services done beyond paperwork require the intervention and supervision of a qualified lawyer.

Are US immigration consultants legally authorized to render services?

Different states have different laws governing US immigration consultants. However, the United States does not have a standard process on certifying immigration consultants so there are currently no licensed US immigration consultants in existence with the exception of one state– California. In California, an immigration consultants are recognized by the state but it is mandatory for them to “register with the Secretary of State” and satisfy the state’s qualification requirements first before being allowed to render services to their clients.

Quite the opposite, some US states stipulate that no immigration consultant is legally authorized to render immigration services to anyone within the state unless he or she is a qualified lawyer.

What are the advantages of hiring a US immigration lawyer?

US immigration consultants are only allowed by law to render paperwork services and translation assistance and nothing else.

US immigration lawyers, on the other hand, have more functions that include giving legal advice and representing clients with the USCIS aside from rendering paperwork and translation services during the entire application process. US immigration lawyers are experts in their field of practice and are authorities on any subject pertaining to immigration which is a tremendous advantage to those going through complex US visa and other immigration related applications.

Who charges higher fees?

With the quality and variety of services offered by a US immigration lawyer, it goes without saying that he or she is legally allowed to charge higher fees.

US immigration consultants can only charge minimal fees per their respective states’ laws.

Who should I hire?

If you are still on the fence on who to hire for your immigration needs, just remember that your decision will greatly affect the outcome of your application.

Simply put, you get what you pay for.

You can opt to pay a US immigration consultant to fill out your application form for you or you can choose to invest on a qualified US immigration lawyer who understands immigration laws, who can and will represent you before the meticulous and quite intimidating USCIS if needed, who will tell you the correct forms to file, who will coach you with your responses especially during your interview, who will do the legwork for you, and most significantly, who will give you invaluable legal advice.

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Should you hire a lawyer for your US visa application?

If you were a fictional superhero character dwelling in a make-believe world, you probably won’t need any help from anyone in your lifetime because you can do it all yourself. You can be your own lawyer, doctor, dance instructor, chef, teacher and every other occupation you fancy. You can be the Jack of all Trades in your universe and that’s absolutely normal.

In the real world, things are different.

Unlike superheroes, we are not physically fit to do everything on our own. We may be gifted with our own expertise, skills and talents, but we turn to others for help with what we’re not capable of accomplishing. 

Imagine you’re the most celebrated scientist in the world and everyone turns to you for answers. But here comes tax filing season and you can’t trust your own scientific brilliance to accomplish the task. Instead, you turn to your accountant or your licensed tax expert to deal with the numbers and file your taxes for you. Or you may be the most famous businessman in the world who owns the biggest space station yet you have no clue how to plug the simplest light bulb in your night lamp or install a TV in your bathroom. You hire a handyman and a licensed electrician to do the job for you. 

Even the simplest among us turn to others for basic services to help us through life and that’s the bottom line. Sometimes, seeking help can be the wisest investment one can ever make to successfully accomplish a goal. 

If you’re a first time applicant for a US visa, chances are, you have already researched if you can do it yourself or if you should seek the help of an Immigration lawyer to help you with your application.

If you go the USCIS website, the government agency will give you a straightforward answer. It says NO, you don’t need a lawyer to help you with your US visa application as your application will go through the same process whether you have a lawyer or not. However, that does not mean you cannot or should not seek the help of a lawyer.

The application process to obtain a US visa may not be as simple as one may think especially if there are special circumstances that may hamper an applicant’s chances of getting an approval. More often than not, having a lawyer to help with the application process improves the chances of obtaining an approved US visa. It also takes the load off of the applicant’s back during the application process. And sometimes, in more complicated cases, an applicant avoids not just a US visa denial but the grim consequence of being deported or blacklisted from entering the United States. 

Why should you seek the help of a US Immigration lawyer?   

1. Immigration rules and policies change and lawyers are up to date on these changes. They will be able to submit your US visa application according to existing rules and policies to avoid penalties and delays.
2. Lawyers will file the application and do the necessary paper work for you. You will certainly have peace of mind knowing your application was filed timely and accurately.
3. You will be prepared by your lawyer before your interview with the consular officer. You will be informed on what to bring during the interview and how to answer possible questions that may arise depending on the circumstances related to your application.
4. You may avoid penalties, deportation or charges of immigrations fraud depending on your situation, probably due to past circumstances, that may affect your application if you have a lawyer to help you prove your innocence.  
5. Having complex circumstances such as medical conditions, past legal cases, a previous case of overstaying in the US, and other potential obstacles that may jeopardize your US visa application calls for the expertise of a lawyer who will help you obtain an approval despite your situation. 

Is there a huge fee for hiring a US Immigration attorney?

Some lawyers give free consultations but their services during the application process come with legal fees. You can look for the best lawyer that you can trust to handle your US visa application and consider the fees involved that will fit your budget. In doing so, keep in mind that the legal fees you will be investing on a lawyer may help you avoid the headaches and more fees that may come your way down the road, should you choose to handle your US visa application without the help of an Immigration attorney.

Where can I find a licensed US Immigration attorney in the Philippines?

For Filipinos seeking a US visa, you can find a licensed Immigration attorney in Manila that will help and guide you throughout the entire application process. Find the one that has the proven record of providing expert advice and reliable services that will help you obtain your US visa despite your complex circumstances.  Hire the services of the licensed Immigration attorney in Manila that you can entrust your investment to with full satisfaction and peace of mind.

By: Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.