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Feb 06th
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Home Immigration Atty. Kenneth Reyes

Atty. Kenneth Reyes

Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, P.C. is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it This e-mail address is being protected from spambots. You need JavaScript enabled to view it ; Website kenreyeslaw.com.

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 a petition for dissolution of a marriage typically alleges that some issue arose during the marriage that precludes it from continuing further (i.e. “irreconcilable differences”), a petition for nullity focuses on an issue which existed at the time of the marriage which makes the marriage “void” or “voidable.”

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Provisional waiver of the 3/10 year bar from inside the US

DHS will be issuing new regulations that will allow certain immediate immigrant visa beneficiaries, that are subject to the 3/10 year bar, to apply for a waiver inside the US rather than outside the US at the consulate overseas. The benefit of this new regulation is 1) it reduces the time for which the Petitioner and beneficiary will be separated while going through the consulate process and 2) Beneficiary can get a provisional approval on the waiver of the 3/10 year bar before beneficiary departs the US therefore reducing the risk of uncertainty and being stuck outside the US for up to 10 years.

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What to do with conditional greencard status in troubled marriages

MARRIAGE for many persons is the culmination of one’s life.  Getting married signifies the beginning of a new phase in life, both socially and economically.  For those persons who lack permanent residency in the United States and have married a United States citizen, marriage also presents an opportunity to obtain permanent residency.  However, although the opportunity to obtain permanent residency arises in such situations, one must be aware of and comply with procedures in existence to obtain such status.  Due to concerns that persons were becoming married to United States citizens merely to obtain permanent residence status, a two-step procedure under the Immigration Marriage Fraud Amendments of 1986 (IMFA) was set up to ensure such status was given to those only in marriages that are bona-fide and not entered into simply for immigration purposes.  

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How can INA section 245(i) benefit you?

CERTAIN aliens are barred from adjusting to legal permanent residents by virtue of having entered the United States under the following conditions:

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Why is the date of separation significant in divorce cases?

THE date of separation is one of the most litigated issues in a divorce case.  Its determination can have a significant economic consequence in the outcome of the case.  The reason being, a spouse’s “earnings and accumulations” after separation are his or her separate property.  A spouse’s “earnings and accumulations” while living separate and apart from the other spouse are his or her separate property as well pursuant to Family.Code. § 771(a)).

 “Separation” requires more than a rift in the spouses’ relationship. The date of “separation ” occurs only when the parties have come to a parting of the ways with no present intent to resume their marriage and their conduct evidences a complete and final break in the marital relationship.  In simple terms, it the first point in time when either party decides to finally end the marriage with no intent to return to their spouse.  The burden of proof required to prove this is a preponderance of the evidence.  A spouse must show that 1) the spouse entertains the subjective intent to end the marriage, and 2) there is objective evidence of that intent.   A party’s intent may be evaluated in terms of the spouse’s words and conduct evidencing this intent and this should occur simultaneously.

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