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Home Immigration Chua, Tinsay & Vega

Atty. Jean S. Tinsay

Atty. Jean S. Tinsay is a partner in the Law Firm of Chua Tinsay and Vega (CTV) - a full service law firm with offices in San Francisco, San Diego and Manila. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Prosecutorial discretion

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” is the authority of a law enforcement agency or officer charged with enforcing a law to decide, in a particular case, whether – and to what degree – to enforce the law. A law enforcement officer who decides not to enforce the law against a person has favorably exercised prosecutorial discretion.

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Overcoming the ‘Public Charge’ Ground of Inadmissibility

As far back as he could remember, Doogie wanted to grow up to be a doctor. Upon his graduation from college his family immigrated to the United States. However, instead of pursuing his medical studies, he immediately began working as a cashier at a restaurant and eventually was promoted to manager. As the years passed, his dream of becoming a doctor got dimmer and dimmer. In 2007, Carlos became one of the early casualties of the economic meltdown and lost his job. As they say, adversity can be turned into opportunity. Since the labor market looked bleak, Carlos decided to return to the Philippines to study medicine. While there, he met and married a fellow medical student. In a year’s time, Carlos will graduate and he plans to return to the United States with his wife. He is planning to file the immigrant petition for his wife now. However, he is worried that his wife’s immigrant visa application will not be approved because he has been living in the Philippines and has been unemployed for many years.

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Proposed Provisional Waiver of Unlawful Presence

USCIS has published a very important proposed change in processing petitions for certain alien relatives called “Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives.” How does this proposed change affect you?

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Discretionary relief from removal

NORMAN is a 19-year-old high school senior and a legal permanent resident for 4 years. One evening, he and his friends decided to go on a “dare,” and his friends dared him to go inside a Target store and “pick up” a video game and a packet of gum. He was charged with, and pled guilty to, theft. He was convicted and granted three years probation with no jail time.

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The battered spouse

Sylvia came to America carrying her hopes and dreams for a better life. Sadly, those dreams quickly turned into a nightmare. While working as a volunteer back in the Philippines she met Gordo who was the nephew of one of her patients at the hospital. Gordo was a US citizen who having been laid off from his job in the US work was vacationing in the Philippines. After a whirlwind courtship, they were married and he brought her to the United States.

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