The Ten Year Myth: What Undocumented Immigrants Need To Know

The most common request in estate planning is a Simple Will. Someone going to an estate planning attorney, and just wanting what they want. This article will cover the commonly overlooked matters. The best way to approach this subject is with a scenario: Jack is married to Jill, and they have two kids over the age of 18. Jack wants to leave everything to his wife and Jill everything to her husband. Simple! The items that complicate: What is being left? The home Jack and Jill live in Rental Property Retirement accounts, such as an IRA, 401(k), 403(b), HSA, and Pension Bank Accounts Vehicles Stock Portfolios ^ If the above are the items that complicate, what goes easily with a simple will? Keepsakes, Jewerly, Momentos, Cash in hand, assets NOT already set up to transfer automatically, etc. Lets break each item into HOW it complicates: The home Jack and Jill live in Everything depends on who the house is deeded to! Many spouses may acquire the home prior to marrying, having only one spouse on the deed. Alternatively, if one spouse is unemployed at time of home purchase, the working spouse may be the only spouse on the deed. A property deeded to BOTH spouses, JOINT, "with rights of survivorship" is the BEST scenario. A will and probate court is not necessary. Rental Property Rental properties may be in one spouse's name OR the property may be deeded to a business, that is only "owned" by one spouse. The issue, the Will is for a Person, it would not directly affect a rental owned by a business. Retirement accounts, such as an IRA, 401(k), 403(b), HSA, and Pension The accounts are owned "individually," by one spouse or the other. A will and probate court is not necessary BECAUSE each retirement account already has a "Designated Beneficiary." Bank Accounts A bank account might ALREADY transfer at death, if a TOD/POD arrangement was set up, making a Will not necessary. Automatic transfer is more ideal than Slow Transfer in Probate Court. The bank account may also be a JOINT ACCOUNT, making the spouse able to immediately access. Vehicles Always a pain to do anything with the DMV! Stock Portfolios The Stock Portfolio are either owned "individually" or "jointly." A will and probate court is not necessary BECAUSE each Stock Portfolio already has a "Designated Beneficiary." What if the Simple Will says one thing and the asset says another? For instance, a Retirement Account has 1 child as the Beneficiary upon Jack's Death. The Simple Will stated to leave EVERYTHING to Wife, Jill. What happens? the 1 child receives the retirement account as it was created while Jack was alive and takes priority. The Will "activates" later in Probate Court, but the retirement account would already belong to the 1 child. What should I do then? Do a Simple Will, HOWEVER consider a review of all Asset Beneficiary Designations. A Simple Will is not the end-all, be-all solution. It is the weakest of Estate Planning/Probate tools. Apart from Asset Beneficiary Designation, consider alternatives, such as a: Trust, great location for a home, life insurance proceeds, managing retirement accounts for those left befind, etc. Updating the Deed to a home or doing a pour-over will Adjust business holdings, especially those that are income producing What are complications to the Family Structure in the above scenario: If both Spouses pass at the same time, and they leave all items to one child over the other. If one spouse wishes to leave everything to one child versus the other If one spouse wishes to leave everything to the other spouse "for the living spouse's life," then then to one or both children If one spouse adds Siblings into their estate planning, or a sibling's children.  Disclaimer: This Blog is made available by the lawyer or law firm 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. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

This is a common question every tax season for any person that has a pending Immigration Filing that required an I-864 affidavit of support. The question could be posed a number of ways: Should I update my I-864 with new Tax Information? I have a new W-2/1099, should that be reflected in the I-864? I did better financially last year, would it benefit updating the I-864? I changed jobs a few months ago, is now a good time to update the I-864 with new financial information? I filed a new 1040 Tax Return and my AGI is different, is that going to be needed? In a short answer, USCIS and NVC should be updated with any new financial document from a Sponsor, regardless if it is requested by the immigration official or given as unsolicited evidence. Common documents to provide/update between January 1st to April 15th of every year are: For Employees: W-2 1040 Tax Return 6+ months of paystubs, especially the last paystub for the prior year IRS Tax Return Transcript, if available For Contractors: 1099 1040 Tax Return Any Tax Schedules covering profits, losses, and expenses/write offs 6+ months of paystubs, especially the last paystub for the prior year IRS Tax Return Transcript, if available For Self-Employed/Business Owners: 1099 or W-2 1040 Tax Return Any Tax Schedules/Form K covering profits, losses, and expenses/write offs Bookkeeping Records Any Tax Filings from the prior year, possibly quarterly filings or a Tax Extension for the most recent tax year entire prior years worth of income proof, possible the business operating back account statements IRS Tax Return Transcript, if available For Retirees/Veterans/Retire-Early FIRE Individuals: Stock/Real Estate Portfolio Statements 1099 forms Distribution Statements Annual Monthly Rate for the Tax Year VA Disability Statement for the Year SSD Statement for the Year 12 months of Bank Statements Do you need to submit a new I-864? Possibly "No." The more updated evidence provided, that is the main focus as it showcases continued financial stability. An updated I-864 "summarizes" what was the Taxable Income OR Adjusted Gross Income OR Non-taxable Income. Should you update the financial documentation? Yes, whenever possible.  Disclaimer: This Blog is made available by the lawyer or law firm 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. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

On December 2, 2025, USCIS Policy Memorandum (PM-602-0192) titled: Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries, was published. The Policy had three (3) Goals: Place a hold on all Forms I-589 (Application for Asylum and for Withholding of Removal), Place a hold on pending benefit requests for aliens from countries listed in Presidential Proclamation (PP) 10949 Conduct a comprehensive re-review of approved benefit requests for aliens from countries listed in PP 10949 who entered the United States on or after January 20, 2021. 38 Countries are directly affected by this policy pause, and the list is as follows: Afghanistan Angola Antigua and Barbuda Benin Burma (Myanmar) Burkina Faso Burundi Chad Cuba Cote d'Ivoire Republic of the Congo Dominica Equatorial Guinea Eritrea Gabon The Gambia Haiti Iran Laos Libya Mali Malawi Mauritania Niger Nigeria Sierra Leone Somalia South Sudan Sudan Syria Senegal Tanzania Togo Tonga Venezuela Yemen Zambia Zimbabwe This Policy Memo Directly affects: Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-90 (Application to Replace Permanent Resident Card (Green Card)), Form N-470 (Application to Preserve Residence for Naturalization Purposes), Form I-751, (Petition to Remove Conditions on Residence), and Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records). Additionally, if pausing Green Card-related functions, Naturalization and Citizenship Benefits may also be slightly affected, as they build on lawful permanent residence and Aliens naturalizing in 2026 may have entered after January 20, 2021. This Policy Memo is only "active" for a 90-day period, and set to expire around the end of February. The Memo states: USCIS will prioritize a list for review, interview, re-interview, and referral to ICE and other law enforcement agencies as appropriate, and, in consultation with the Office of Policy and Strategy and the Fraud Detection and National Security Directorate, issue operational guidance. The USCIS Policy Memo can be seen here for reference:

US Immigration Bans have been a common occurance in recent decades. The first fact is that "Bans" change, the list of countries can change quickly. The January 14, 2026 US Immigration Ban changed/or added to the January 1, 2026 US Immigration Ban List. A matter of 2 weeks and the list of countries went from 39 to 75. Now, no one can see the future. The listed countries can be added and removed without prior notice. And, possibly the biggest misnomer, can a country listed on the "Ban List" still immigrate? The answer is: possibly, it depends. The policies change frequently, but if we turn to history, the following were common: exemptions for special classes of immigrants, like spouses of US Citizens and Parents/Children of US Citizens. extra vetting for banned countries, like how the DS-5535 was utilized in 2019 Here are a few examples of past Immigration Bans: https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/k-1-fiance-visas-are-they-banned-in-2020 https://www.fickeymartinezlaw.com/immigration/summary-of-the-april-23-2020-60-day-immigration-ban-by-proclamation-proclamation-suspending-entry-of-immigrants-who-present-risk-to-the-u-s-labor-market-during-the-economic-recovery-following-the-covi At the writing of this article, details are lacking, exemptions are not explained, and vetting procedures are still being drafted. What we do know is the list of countries being affected for the time being: Afghanistan Albania Algeria Antigua and Barbuda Armenia Azerbaijan Bahamas Bangladesh Barbados Belarus Belize Bhutan Bosnia Brazil Burma Cambodia Cameroon Cape Verde Colombia Cote d’Ivoire Cuba Democratic Republic of the Congo Dominica Egypt Eritrea Ethiopia Fiji Gambia Georgia Ghana Grenada Guatemala Guinea Haiti Iran Iraq Jamaica Jordan Kazakhstan Kosovo Kuwait Kyrgyzstan Laos Lebanon Liberia Libya Macedonia Moldova Mongolia Montenegro Morocco Nepal Nicaragua Nigeria Pakistan Republic of the Congo Russia Rwanda Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Senegal Sierra Leone Somalia South Sudan Sudan Syria Tanzania Thailand Togo Tunisia Uganda Uruguay Uzbekistan Yemen Additionally, we know that the Embassies and Consulates have been instructed to STOP processing, interviewing, and approving immigrant visas from the affected countries AT THIS TIME. If you would like assistance in an immigration matter, please contact our office to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm 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. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Time! That is the short answer. The US Citizen will save time. Lets find the starting line of this topic. A US Citizen meets a filipina or filipino. They fall madly in love. Beautiful! The US Citizen will eventually come to the realization that a PLAN needs to be created. If the US Citizen wants the future spouse to immigrate to the US, plan, plan, plan. The most important part of any plan is the time element. Marrying takes time. In the US, we get a marriage license today, and can marry today. Think of the Las Vegas Marriages we always hear about, or what many call eloping. This is NOT the case abroad. Many countries require the US embassy to give foreign permission of a US Citizen to marry abroad. Lets be specific to the Philippines. In the Philippines, you need time, and time INSIDE of the Philippines. Imagine flying over 24 hours to the Philippines and having to tackle all of the following: Finally getting to hold your Fiancee/Girlfriend (Fun Item) You get to eat some more of the good Filipino Food (Fun Item) Your Fiancee (you might go too or they acquire PRIOR to your arrival) goes the PSA to get their CENOMAR, certificate of no marriage (Not Fun Item) You, the US Citizen, must go to an appointment (2 weeks advance planning needed) at the US Embassy or Consulate for something similar to the CENOMAR (Not Fun Item) Both Fiances, now you apply for the Marriage License, NOT the license yet, just the application to get the license. [Philippine law requires a ten-day waiting period from the filing of the application to the issuance of the marriage license. These ten (10) days are business days, not counting weekends or holidays.] Marriage License is finally in hand 2-3 weeks later Then, you are finally married. US Citizens usually require a minimum of 4-6 weeks IN THE PHILIPPINES, in order to tackle all of the Philippine Requirements. TIMING, lets return to that topic. Most US Citizens considering marrying in the Philippines, will plan or push off a marriage for months or 1-2 years. A 1-2 month trip abroad is a BIG commitment. Takes a lot of planning. Financially, costs a lot. - Now, to the topic at hand, Utah Virtual Marriage Option allows the US Citizen to marry almost instantly. You can marry while you are abroad in the Philippines or another country. The US Citizen can even marry while still in the US, and then fly to see their new spouse and go on a honeymoon. Timing is in the US Citizen's favor. The PLAN can be more focused on the relationship, having fun, enjoying the Philippines, versus running around to government buildings to slowly become married. Now, What is the Catch? There are 4 catches. First, for US Immigration purposes, USCIS REQUIRES after 2024/2025 the spouses to meet in person after marrying virtually and before filing the I-130. Now, if both spouses are in the Philippines during the virtual marriage, which we HIGHLY RECOMMEND, the in-person meeting is easily met. Why do we highly recommend marrying virtually while in the same country? Because it means more to the spouses, to family, and when the officiant says: You may now kiss the bride, you really want to be in person for the once-in-a-lifetime moment. Now, you can marry while separated, but before you start any I-130 filing, you MUST MUST MUST go meet in person first. Second, PLAN a renewal of vows, either back in the US or in your desired church. It is not a mandatory item, but a formality that is appreciated by friends and family. Third, REGISTER THE MARRIAGE! The process is seen here: https://www.fickeymartinezlaw.com/utah-virtual-marriage-and-the-philippines-psa-the-report-of-marriage-rom-process Fourth, consider changing the wife's name to the married name shortly after marriage. Don't wait for a few days before or after the visa interview. If the Philippine passport is updated to the married name, then the Immigration visa/Green Card will be updated to the married name. Consider reviewing our other popular Philippine Article: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states  Disclaimer: This Blog is made available by the lawyer or law firm 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. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

The J1 Visa is an amazing cultural exchange visa for foreign professionals seeking to acquire US Experience within their profession. Many J1 professionals may find themselves SUBJECT to the INA 212(e) Special Skills List. This article will display the Subject/Field Codes that are SUBJECT for any J1 that is a Jamaican Citizen.

US Citizenship can be derived in a child from a US Citizen Father. The process of a father giving US Citizenship to a child comes in a few different ways. The main determining factor is whether the Father was married to the Mother at time of birth or not? Wedlock and Out-of-Wedlock Distinction: Whether a father is married or unmarried determines the ultimate requirements on whether a child derives US Citizenship from a Father. Unmarried/Our-of-Wedlock Requirements: More requirements exist for births that occur outside of a marriage. The US Government would require to see for births on/after 11/15/71: Child/father blood relationship established by clear and convincing evidence; Father must have been a U.S. citizen at the time of child’s birth; Father, unless deceased, must provide written statement under oath that he will provide financial support for child until s/he reaches 18; While child is under age 18, child must be legitimated under law of child’s residence or domicile, or father must acknowledge paternity in writing under oath, or paternity established by competent court. US Residence Requirement: Both parents are US citizens : One had resided in the U.S. or its outlying possessions for any period of time. One US citizen and one US national parent : Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year. One Parent is a US citizen, one parent is a noncitizen parent : had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. Married/In-Wedlock Requirements: Less requirements exist for births that occur inside of a marriage. The US Government would require to see for births on/after 11/14/1986: US Residence Requirement: Both parents are US citizens : One had resided in the U.S. or its outlying possessions for any period of time. One US citizen and one US national parent : Citizen had been physically present in U.S. or its outlying possessions for continuous period of 1 year. One Parent is a US citizen, one parent is a noncitizen parent : had been physically present in U.S. or its outlying possessions 5 years, at least 2 of which were after age 14. Why does marriage matter? A marriage legitimizes the birth of a child abroad. Legitimation is a legal concept that exists in the US and is a common concept that exists in foreign countries. The child tends to be the product OF THE MARRIAGE (when the parents are married to one another) versus being from random people or by people in a relationship that haven't reached the level of marriage. What Form or Forms utilize this information? Both the USCIS and DOS utilize the above information. For USCIS, it is processed in the N-600 filing and for DOS it is in the CRBA/Consular Report of Birth Abroad.  Disclaimer: This Blog is made available by the lawyer or law firm 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. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

As of October 13, 2025, all 100 NC Counties have been placed in the ECourts System making online access to court records and services more efficient. Integration phases: From February 13, 2023 to October 13, 2025, NC Counties were converted to an online platform. The following map can help show how portions of the state completed the conversion.

Although DACA is currently wrapped up in litigation in 2025, there always remains the possibility the the filing category may return in 2025. Here is a summary of the eligibility requirements and required documents. DACA Eligibility: To be eligible for DACA, an applicant must: Be born on or after June 16, 1981 ( be under 31 years old as of June 15, 2012 if what the law says) have continuously reside in the United States since June 15, 2007 , no leaving the US after that date have entered the United States before the age of 16 have graduated from high school in the United States or have a GED Diploma, or be in school for either have NOT been: charged, pled guilty to, been punished for, entered into deferred prosecution, been fined, or been convicted of: a felony (not an exhaustive list): murder/manslaughter robbery (with or without a dangerous weapon) assault with a Deadly Weapon rape and other sex offenses kidnapping arson felony child abuse attempted (any of the above) burglary breaking and Entering larceny embezzlement forgery perjury obstruction of justice identity theft fraud obtaining property by false pretense credit card fraud possession of a firearm certain misdemeanors, such as (examples): domestic violence female strangulation interfering with emergency communication assault (possible) battery (possible) sexual abuse or exploitation indecent liberties with a minor burglary theft (possible) worthless check (possible) unlawful possession or use of a firearm drug possession drug paraphernalia drug distribution or trafficking reckless driving no operators license (possible) driving under the influence; or three or more of ANY misdemeanors. Necessary Documentation: passport-style photo Proof of initial arrival before age 16 and documentation of continuous presence from June 15, 2007 to the present: foreign passport with entry stamps I-94 US Visas or border crossing card birth certificate of applicant medical records vaccination records school records religious records, like baptism certificate school ID tax filings (every year) DMV records social security records birth certificates of US children Proof of education: high school diploma GED proof of enrollment Evidence of identity: Consular ID Cedula or Matricula Card Foreign Driver's License U.S. government document marriage certificate(s) Divorce certificate(s) Annulments of any past marriages Death certificate(s) of past spouses Certified criminal records: any court records, even if dismissed or expunged any police records any traffic records any prison records FBI background check Local court record check Copy of any previous USCIS or Immigration filing. FOIA may be necessary. If you require assistance with the DACA process, please consider contacting our office to set up a consultation with our Immigration Attorney. Disclaimer: This Blog is made available by the lawyer or law firm 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. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.