Wednesday, December 2, 2009

Immigration Policy Allows Asylum for Battered Women

By Atty Monica Ganjoo

QUESTION: Is it possible for a woman to get asylum in the United States if she was abused by her spouse in her home country?

ANSWER: Yes. The Obama administration has just granted a new policy that allows foreign women to receive asylum in the United States. This new policy applies to women who are victims of severe domestic beatings and sexual abuse. The Obama administration has opened the door to the protection of women who have suffered severe violations.

QUESTION: What must an applicant for asylum show in order to get his/her case granted?

ANSWER: An asylum applicant must demonstrate a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group. Thanks to the Obama administration, battered women will now be included in this list.

QUESTION: What requirements need to be met in order to be granted asylum under this new category?

ANSWER: In addition to meeting the conditions of asylum, abused women also need to show that they are treated by their abuser as subordinates and little better than property, and that domestic abuse is widely tolerated in their home country. The abused woman must show that she could not find protection from institutions in their home country or by moving to another location within that country.

QUESTION: How did this new policy come about?

ANSWER: The Obama administration laid out its position in an immigration appeals court case of a Mexican woman who applied for asylum in San Francisco, stating that she feared she would be killed by her common-law spouse in Mexico. This woman was repeatedly raped by her him at gunpoint, was held captive, and was stolen from. More shocking, her common-law spouse had broken her nose and tried to burn her alive when he had found out that she was pregnant. This woman had asked for her from her local police but the reports were dismissed of violence as a private matter. Finally, in 2004, she fled to the United States with her three children (abuser was the father of all three children).

QUESTION: Does this new policy apply to women fleeing genital mutilation?

ANSWER: No, this policy only applies to battered women in domestic relations. Each case is highly fact dependent and requires scrutiny of the threats that an applicant has faced and will continue to face if she is returned to her home country.




For more information, you may contact us for a consultation.

MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Office currently offers $25 consultations in San Francisco, San Jose, or through the telephone. To obtain a consultation in San Francisco, call (415) 495-3710. To obtain a consultation in San Jose, call (408) 975-0500.

SAN FRANCISCO: SAN JOSE:

870 Market Street 111 West St. John Street,

Suite 340 Suite 513

San Francisco, CA 94102 San Jose, CA 95113

(415) 495-3710 (408) 975-0500

Benefits under the New Law on Widows and Survivors

By Crispin Lozano

The new law on widow(er) and survivors was signed by President Obama on October 28, 2009 allowing widows and survivors to apply for green card through self petition.

Question: What has changed under the new law on widows(er)?

Answer: The new law removes the two-year marriage requirement from the current law. It will allow a widow(er) who was married less than two years at the time of the U.S. citizen spouse’s death to file an I-360 petition from within two years of the law’s passage.

Question: What are the benefits provided for widows of United States citizen?

Answer: The following are the benefits:

1. A widow(er) who was married less than two years at the time of the U. S. citizen spouse death may file a self-petition within two years from October 28, 2009.
2. The law is retroactive. This means that even the death of the U.S. citizen spouse happened ten years ago, the widow(er) may still file within two years from October 28, 2009.
3. Children of widow(er) who are under 21 years of age at the time of self-petition may qualify as derivative beneficiary.

Question: What are the benefits for “OTHER SURVIVORS”?

Answer: The new law provides for the continuous adjudication of cases for those petitions filed before the death of the petitioner or principal immigrant provided these “other survivors” are in the United States at the time of death of the petitioner or principal beneficiary and they continue to reside in the United States up to the present.

Question: Who are included as “OTHER SURVIVORS”?

Answer: The following are considered “other survivors”:

1. Immediate relatives (spouse, parent, minor children of U.S. citizen)
2. Unmarried son of daughter of U.S. citizen
3. Married son or daughter of U.S. citizen
4. Spouse or child of lawful permanent resident
5. Brother and sister of U.S. citizen
6. Employment based dependents (spouse and minor children)

Question: Are other applications such as waiver applications included in the new law if the qualifying relative died?

Answer: Under the new law, it is possible for an application for a waiver to be approved provided an application or petition was filed by the qualifying relative prior to his or her death.

Note: This is not a legal advice and you need to speak to an immigration attorney about the specifics of your case.

Hot News of the Week
1. On October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for a client in Fresno, CA was approved by the Immigration Judge. He is the son of a U.S. citizen and he has been in the U. S. for 20 years. Mr. D can now apply for naturalization and bring his family to the United States.

2. Last October 20, 2009, we received an approval from the Administrative Appeals Office for an I-601 waiver request for Ms. W who made a misrepresentation by using another name at the time of entry to the United States. She is married to a U.S. citizen with two U.S. citizen sons and she has been in the U.S. for more than 20 years. Before the approval of the waiver, the USCIS denied her adjustment of status application two times.

3. Aliens who entered without inspection and are abused by U.S. citizen or Lawful Permanent Resident spouse may file a self-petition and adjust status under Violence against Women Act (VAWA).

4. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, cultural background or difference in national origin, or some inconsistencies or suspicions in the application filed.

5. Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.

6. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.
Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.

Tuesday, August 25, 2009

Visa Bulletin for September of 2009

By Monica Ganjoo

Question: What is the Visa Bulletin?


Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on October 22, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?

Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of September is September 22, 1993.

Question: What is the Second (A) preference category?

Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of September is April 15, 2005.

Question: What is the Second (B) preference category?

Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of September is May 1, 1998.

Question: What is the Third preference category?

Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of September is September 22, 1991.

Question: What is the Fourth preference category?

Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of September is October 22, 1986.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?

Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?

Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?

Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?

Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

For more information, call Attorney Monica Ganjoo for a consultation.

Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $20 consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

Foreclosures to Hit High this Fall 2009

By Crispin Lozano

The Mortgage Bankers Association (MBA) reported that foreclosures will hit a high mark this fall. The actual data reported as of June 30, 2009 showed a record 9.24% of all mortgages are delinquent. This represents about 4 million homeowners who are 30 days behind on their mortgages. In addition, there are 4.3% of all mortgages that are already in the process of foreclosure. This means that there are a combined 13.16% of all mortgages that are delinquent and are in the process of foreclosure as of June 30, 2009.

The reasons for the increase in delinquencies are (1) more option Adjustable Rate Mortgages (ARM) are resetting to higher rates triggering defaults and (2) more prime fixed-rate loans are defaulting due to job losses. In California, Notices of Default (the start of foreclosure process) were sent to 108,000 households in July 2009 alone.

Question: What should homeowner do to avoid situation when a Notice of Default is forthcoming?

Answer: Homeowners should consult with a loan modification attorney to protect their rights and save their home. The banks are very slow in responding to loan modification request. Bank of America and Wells Fargo bank (which accounted for majority of all mortgages) reported to have modified loans of a mere 5% and 6% respectively of the delinquent borrowers. The main reason is that the staffs in the Loss Mitigation Department of the bank are so busy that they have insufficient time to analyze the individual borrower’s case. There is huge number of applicants but the banks staffs are insufficient to serve them effectively. Many of my clients tried to do the loan modification themselves but they are unsuccessful. After they signed up for our services we immediately contacted the banks and they ultimately agreed to offer modification terms to our clients.

Question: What types of loan can be modified under the Obama program?

Answer: The Obama Loan Modification Program will modify loans that are secured through Fannie Mae and Freddie Mac. FHA loans have their own program of loan modification.

Question: What should borrowers with FHA guaranteed loan do to request modification?

Answer: Borrowers with FHA guaranteed loans should contact their lender and request loan modification. They may also contact a reputable attorney who do loan modification to negotiate with the lender.

Question: Can a homeowner apply for loan modification while in bankruptcy proceedings?

Answer: Yes. However, it is better to apply for loan modification before filing bankruptcy because you have a better chance of getting better terms in modifying your loan.

Question: May a borrower request loan modification while in foreclosure?

Answer: Yes. A foreclosure process starts when you received a Notice of Default (NOD) registered with the county recorder’s office. It ends when the property is sold in a public auction at a Trustee Sale. Upon receipt of the NOD you should immediately contact an attorney to do a loan modification. It is important to do this immediately because the Loss Mitigation Department of the bank is very busy and it will take sometime before they finally look at your case. In the NOD you are given 90 days to come up with the payment for all missed payments. If you cannot come up with the payments within 90 days, the lender will send you a Notice of Trustee Sale and will publish the property for sale at a public auction within the succeeding 20 days. After the 20 days of publication and no loan modification is agreed upon, the property will be sold to the highest bidder in a public auction.

Note: This is not a legal advice. You need to talk to an attorney about your specific case. Our office offer FREE initial consultation on Loan Modification only.
Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Tuesday, August 11, 2009

New Immigration Policy Allows Asylum for Battered Women

By Atty. Monica Ganjoo

QUESTION: Is it possible for a woman to get asylum in the United States if she was abused by her spouse in her home country?
ANSWER: Yes. The Obama administration has just granted a new policy that allows foreign women to receive asylum in the United States. This new policy applies to women who are victims of severe domestic beatings and sexual abuse. The Obama administration has opened the door to the protection of women who have suffered severe violations.

QUESTION: What must an applicant for asylum show in order to get his/her case granted?
ANSWER: An asylum applicant must demonstrate a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group. Thanks to the Obama administration, battered women will now be included in this list.

QUESTION: What requirements need to be met in order to be granted asylum under this new category?
ANSWER: In addition to meeting the conditions of asylum, abused women also need to show that they are treated by their abuser as subordinates and little better than property, and that domestic abuse is widely tolerated in their home country. The abused woman must show that she could not find protection from institutions in their home country or by moving to another location within that country.
QUESTION: How did this new policy come about?

ANSWER: The Obama administration laid out its position in an immigration appeals court case of a Mexican woman who applied for asylum in San Francisco, stating that she feared she would be killed by her common-law spouse in Mexico. This woman was repeatedly raped by her him at gunpoint, was held captive, and was stolen from. More shocking, her common-law spouse had broken her nose and tried to burn her alive when he had found out that she was pregnant. This woman had asked for her from her local police but the reports were dismissed of violence as a private matter. Finally, in 2004, she fled to the United States with her three children (abuser was the father of all three children).
QUESTION: Does this new policy apply to women fleeing genital mutilation?

ANSWER: No, this policy only applies to battered women in domestic relations. Each case is highly fact dependent and requires scrutiny of the threats that an applicant has faced and will continue to face if she is returned to her home country.

For more information, you may contact us for a consultation.

MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Office currently offers $20 consultations in San Francisco, San Jose, or through the telephone. To obtain a consultation in San Francisco, call (415) 495-3710. To obtain a consultation in San Jose, call (408) 975-0500.
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

Treasury Department Reports Banks are Slow on Loan Modification

By Atty. Crispin Lozano

The U. S. Treasury Department reports last August 5, 2009, the slow progress of the banks on the loan modifications program. Of the 38 loan servicers that registered in the Obama Program, only 9% of the delinquent borrowers were modified. This is equivalent to 235,000 loans modified since the program started. Among the reasons the banks said is that the investors are not cooperating in the program. The other main reason is the shortage of staff in the bank’s loss mitigation department that handles loan modification. A summary of the banks performance on loans modified as a percent of delinquent borrowers is as follows:

1. Saxon Mortgage 25%

2. Aurora Loan Services 21%

3. GMAC 20%

4. J. P. Morgan Chase 20%

5. Citi Mortgage 15%

6. Wells Fargo Bank 6%

7. Bank of America 5%

Question: What does the statistics suggest to borrowers?
Answer: The statistics showed that the banks are very picky on what loans to modify. The main reason is that the staffs in the Loss Mitigation Department of the bank are so busy that they have no time to analyze the individual borrower’s case. There is huge number of applicants but the banks staffs are insufficient to serve them effectively. Many of my clients tried to do the loan modification themselves but they are unsuccessful. After signing up for our services we immediately contacted the bank and they later on agreed to have our client’s loan modified.

Question: What types of loan can be modified under the Obama program?

Answer: The Obama Loan Modification Program will modify loans that are secured through Fannie Mae and Freddie Mac. FHA loans have their own program of loan modification.

Question: What should borrowers with FHA guaranteed loan do to request modification?

Answer: Borrowers with FHA guaranteed loans should contact their lender and request loan modification. They may also contact a reputable attorney who do loan modification to negotiate with the lender.

Question: Can a homeowner apply for loan modification while in bankruptcy proceedings?

Answer: Yes. However, it is better to apply for loan modification before filing bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy you will need to pay whatever are the scheduled monthly payments on the mortgage during and after the bankruptcy proceedings. Only unsecured debts may be reduced or discharged in bankruptcy. Secured debts such as mortgage payments will have to be paid as scheduled or the lender will request the court to lift the automatic stay and foreclose your property.

Question: May a borrower request loan modification while in foreclosure?

Answer: Yes. A foreclosure process starts when you received a Notice of Default (NOD) registered with the county recorder’s office. It ends when the property is sold in a public auction at a Trustee Sale. Upon receipt of the NOD you should immediately contact an attorney to do a loan modification. It is important to do this immediately because the Loss Mitigation Department of the bank is very busy and it will take sometime before they finally look at your case. In the NOD you are given 90 days to come up with the payment for all missed payments. If you cannot come up with the payments within 90 days, the lender will send you a Notice of Trustee Sale and will publish the property for sale at a public auction within the succeeding 20 days. After the 20 days of publication and no loan modification is agreed upon, the property will be sold to the highest bidder in a public auction.

Note: This is not a legal advice. You need to talk to an attorney about your specific case. Our office offer FREE initial consultation on Loan Modification only.

Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Tuesday, August 4, 2009

August 2009 Visa Numbers

By Monica Ganjoo

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 22 years (12 for other countries; 22 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on September 8, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of August is September 15, 1993.

Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of August is January 15, 2005.

Question: What is the Second (B) preference category?
Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of August is May 1, 1998.

Question: What is the Third preference category?
Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of August is August 8, 1991.

Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of August is September 8, 1986.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?
Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

For more information, call Attorney Monica Ganjoo for a consultation.

Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

New FHA Guaranteed Loan Modification Program

By: Crispin Lozano

Question: What is an FHA guaranteed loan?
Answer: The Federal Housing Administration (FHA) insures the loan secured through its list of approved lenders where borrowers can secure a mortgage for their home. Beforehand, FHA loans are not covered by the Making Home Affordable program of the government. Only loans secured by borrowers from the banks through Fannie Mae and Freddie Mac qualify under the Obama plan.

Question: What is the new loan modification program under the FHA?
Answer: The U. S. Secretary of Housing and Urban Development announced the FHA has implemented a change in its loan modification program to ensure consistency with the Obama Administration’s Making Home Affordable Modification program.
The program permanently reduces the family’s monthly mortgage payment through the use of partial claim, which defers the repayment of mortgage principal through interest-free subordinate mortgage that is not due until the first mortgage is paid off. This will be accomplished by bringing the mortgage current, buying down the loan up to 30% of the unpaid principal balance and deferring this amount in a partial claim.

Question: What should borrowers with FHA guaranteed loan do to request modification?
Answer: Borrowers with FHA guaranteed loans should contact their lender and request loan modification. They may also contact a reputable attorney who do loan modification to negotiate with the lender.

Question: Can a homeowner apply for loan modification while in bankruptcy proceedings?
Answer: Yes. However, it is better to apply for loan modification before filing bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy you will need to pay whatever are the scheduled monthly payments on the mortgage during and after the bankruptcy proceedings. Only unsecured debts may be reduced or discharged in bankruptcy. Secured debts such as mortgage payments will have to be paid as scheduled or the lender will request the court to lift the automatic stay and foreclose your property.

Question: May a borrower request loan modification while in foreclosure?
Answer: Yes. A foreclosure process starts when you received a Notice of Default (NOD) registered with the county recorder’s office. It ends when the property is sold in a public auction at a Trustee Sale. Upon receipt of the NOD you should immediately contact an attorney to do a loan modification. It is important to do this immediately because the Loss Mitigation Department of the bank is very busy and it will take sometime before they finally look at your case. In the NOD you are given 90 days to come up with the payment for all missed payments. If you cannot come up with the payments within 90 days, the lender will send you a Notice of Trustee Sale and will publish the property for sale at a public auction within the succeeding 20 days. After the 20 days of publication and no loan modification is agreed upon, the property will be sold to the highest bidder in a public auction.
If the loan is modified within 90 days or before date of the Trustee Sale, the lender will either forgive (write-off) or forbear (add to principal) the missed payments and will give you a lower monthly payments.
Whether to forgive or to forbear the missed payments is a matter of bank policy. My office received modifications that forgive the missed payments and modifications that add the missed payments to the principal. Many banks reduced interest rate to 4% over a period of five years while some lenders reduced interest rate to 4.5% over 30 years.

Note: This is not a legal advice. You need to talk to an attorney about your specific case. Our office offer FREE initial consultation on Loan Modification only.

Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Tuesday, June 30, 2009

FORM N-400

By ATTY. Monica Gangoo

QUESTION: Can I be deported from the United States for committing a crime when I am a United States citizen?

ANSWER: No.

QUESTION: Can I be deported from the United States for committing a crime when I am a Legal Permanent Resident?

ANSWER: Yes, it depends on the crime you are convicted of.

QUESTION: What rights will I have as a citizen of the United States?

ANSWER: As a citizen of the United States, you will have the same rights as a person who was born in the United States. You will have the right to vote, which is probably the most important right any person can be given within this country.

QUESTION: What are the two ways a person can become a citizen in this country?

ANSWER: The two ways that a person can become a United States citizen are: (1) By the operation of the law. Examples are birth in the United States or birth abroad to United States citizens or national. (2) Through naturalization. This requires an filing an application and being qualified.

QUESTION: What does it mean for a person to have a clean record in order to be a citizen?

ANSWER: You must show good moral character for the past five years. However, if the interviewing officer decides to look beyond the five years to see whether or not you are a good enough person to become a citizen, he or she may do so at his or her discretion.

QUESTION: When can I become eligible for citizenship?

ANSWER: You must be a legal permanent resident for 4 years and 9 months before you can apply for citizenship. However, if you have been married to a United States citizen for 2 years and 9 months and you have been a legal temporary resident or legal permanent resident, then you may also apply for citizenship.

QUESTION: What is the Child Citizenship Act and does it only relate to children? What are the benefits?

ANSWER: The Child Citizenship Act (CCA) amended the Immigration & Nationality Act (INA) and it combined some of the related provisions. This section of the law relates to children only. The CCA greatly expands the category of children that are eligible for derivation of citizenship. Under this law, foreign-born children adopted by United States citizens who meet the definition of a child under the INA will automatically acquired United States citizenship. In the past, children that were adopted by United States citizens had to complete the naturalization process before obtaining citizenship.

QUESTION: What is the goal of the Child Citizenship Act?

ANSWER: Congress’s stated goal of passing the CCA was an attempt to protect and shelter children who were negatively impacted by the harsh effects of IIRAIRA, when children adopted at very young age discovered later on in their lives that they were subject to deportation due to criminal convictions or prior false claims to being a United States citizenship. Congress wanted to protect these children from future deportation by conferring citizenship at the time they had immigrated to the United States. For an adopted child to derive citizenship, at least one of its adoptive parents must be a United States citizen, and a full and final adoption of the child must occur that meets the requirements of the INA, and the child must be living in the United states after having been admitted as an immigrant. This must occur before the child turns eighteen years old.

QUESTION: How does a foreign-born child naturalize?

ANSWER: A foreign-born child will have to be naturalized, not by derivative naturalization. Therefore, this child would have to fill out the proper paperwork with INS (BCIS). The law currently requires: (1) that at least one of the parents of the child is a United States citizen, whether by birth or naturalization; (2) that the child resides outside the United States; (3) that the child is temporarily present in the United States pursuant to lawful admission; (4) that the child is maintaining lawful status in the United States; (5) that the child is under the age of eighteen; and (6) that the child is in the legal and physical custody of the citizen parent.


For more information, you may contact us for a consultation.
MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Offices currently offers $20 consultations in the San Francisco office, the San Jose office, or by telephone with Attorney Ganjoo. To obtain your $20 consultation with Attorney Ganjoo, please call one of the numbers below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

Does Your Loan Modification Follow the Obama Plan?

By ATTY. Crispin Lozano

Last week we received several offers of Loan Modification from different banks. Some are in compliance with the Obama plan while others are not. In one offer, we received a reduction in payment of about $1000 from the original mortgage payment. They based the new monthly payment on the gross income of the spouses multiplied by 31%. The resulting mortgage payment of $2475 includes property tax and home insurance of $850.

The offer from another lender is a choice of three monthly payments which reduced the interest rate from 8.94% to 4% resulting in a reduction in monthly payment from $4770 to $2000 or a reduction of $2770. The lender is not a participant in the Obama plan.

Someone consulted me showing me a loan modification prepared by a foreclosure consultant that increased his monthly payment by $200. He asked me if he should sign it and I said no way. The purpose of loan modification is to reduce monthly payment and yet this one will increase your payment. I told him that he should go back to the lender and ask for the loan modification that follows the Obama plan.

Question: If the lender’s first offer of loan modification is a small reduction in monthly payment do I have to accept it?

Answer: No. If you can explain to the bank that you cannot afford the monthly payment they will make a second or third offer. Loan modification is negotiation. The bank will always offer you small amount of reduction if you do not know how to negotiate. However, you need an attorney whom you can talk to if you are near foreclosure because the bank may foreclose you property and you may not know your rights. You need the necessary tools to negotiate such as a finding of predatory lending based on loan audit.

Question: What is the best time that I should contact an attorney?

Answer: The best time to contact an attorney is when you start the loan modification process. You can get more reduction if you negotiate early because you are not pressured for time to accept their first or second offer. In addition you have more time to secure an audit of the loan so that you can bargain for reduction in principal if there are federal law violations and predatory lending. You should be able to see your attorney and talk directly to him or her about your case because your home, your most precious asset, is at stake. Your attorney should communicate with you and be reachable when you have questions.

Question: May I contact an attorney based Modification Company about the notice of default?

Answer: An attorney based modification company does not have the ability to immediately act on your legal problem because they will have to consult the matter to their contracted attorney. In a Law Office you can speak face to face directly and immediately to an attorney who can advise you of your options.

Question: Will filing of Chapter 13 bankruptcy stop foreclosure?

Answer: Chapter 13 bankruptcy will temporarily stop foreclosure. Once the debtor is discharged, the lender will proceed with the foreclosure if the debtor is still late on his monthly payments.

Question: Can a homeowner apply for loan modification after a debtor is discharged in Chapter 13 bankruptcy?

Answer: Yes. However, it is better to apply for loan modification before filing Chapter 13 bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy and still you cannot pay your mortgage after your discharge, you have lesser chance of getting the best terms of modification.

Note: This is not a legal advice. You need to talk to an attorney about your case. Our office offer FREE initial consultation on Loan Modification only.

Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Tuesday, June 23, 2009

The Right to Redeem Your Home before Foreclosure Sale Date

By ATTY. Crispin Lozano

Last week, Mr. J of Alameda County came to our office and showed me a Trustee Sale (Foreclosure Sale Date) dated the following week. I asked Mr. J if he really wanted to keep his house and if he is willing to pay the amount of late payments. He said yes to both my questions so I immediately contacted the lender. After some negotiations, the lender agreed to stop the foreclosure provided the late payments are paid plus costs. Mr. J is happy to get back his home and started to secure the money from his retirement account to pay his late payments. This is an actual case and it illustrates the ability of the borrower to redeem his home by negotiating with the lender to pay all unpaid late payments plus costs.

Question: What is the law in California in redeeming property under foreclosure sale?
Answer: The California Civil Code Sec. 2924 gives the borrower the right to redeem his or her home within 90 days after a notice of default has been registered in the county recorder’s office by paying all late payments due plus cost.

Question: What is the last day a borrower may redeem his home under foreclosure sale?
Answer: A home in foreclosure may be redeemed five (5) days before the date of foreclosure sale.

Question: Should the borrower pay property taxes and insurance during the foreclosure process?
Answer: The borrower should pay the property taxes, insurance and other future payments during the foreclosure process.

Question: What should a homeowner do if he or she receives a Notice of Default?
Answer: It is very important for the homeowner to contact an attorney immediately upon receipt of Notice of Default. Time is of the essence because the lender may sell your property without your understanding of your legal right. You may also lose the right to modify the mortgage, redeem the property by paying all unpaid installments or contest the lender’s actions in court.

Question: How do I know that I received a Notice of Default?
Answer: A Notice of Default is generally mailed as a certified mail. There are lenders that do not send the notice through certified mail. Generally it is printed in bold 14 point type with the wordings “IMPORTANT NOTICE: IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.” It should state how much is due as of a certain date. If you are late in payments for about 3 to 6 months, a notice of default may be mailed to you. If you have any doubt on what you received you can check with an attorney.

Question: May I contact an attorney based Modification Company about the notice of default?
Answer: An attorney based modification company does not have the ability to immediately act on your legal problem because they will have to consult the matter to their contracted attorney. In a Law Office you can speak face to face directly and immediately to an attorney who can advise you of your options.

Question: Will filing of Chapter 13 bankruptcy stop foreclosure?
Answer: Chapter 13 bankruptcy will temporarily stop foreclosure. Once the debtor is discharged, the lender will proceed with the foreclosure if the debtor is still late on his monthly payments.

Question: Can a homeowner apply for loan modification after a debtor is discharged in Chapter 13 bankruptcy?
Answer: Yes. However, it is better to apply for loan modification before filing Chapter 13 bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy and still you cannot pay your mortgage after your discharge, you have lesser chance of getting the best terms of modification.

Note: This is not a legal advice. You need to talk to an attorney about your case.
Crispin Caday Lozano is an active member of the State Bar of California and his practice is in real estate and immigration law since 1999. He earned his Juris Doctor at Western State University in Fullerton, California. He is also a CPA and a licensed Real Estate Broker. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Visa Bulletin for July of 2009

By ATTY. Monica Gangoo

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on August 8, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of July is September 1, 1993.

Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of July is December 22, 2004.

Question: What is the Second (B) preference category?
Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of July is April 1, 1998.

Question: What is the Third preference category?
Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of July is July 1, 1991.

Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of July is August 8, 1986.


Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?
Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages.
For a $20 consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

Tuesday, March 24, 2009

H-2B

By ATTY. Monica Gangoo

Question: What is the H-2B visa category?
Answer: The H-2B visa category is used by United States companies that wish to temporarily employ skilled and unskilled foreign workers in nonagricultural positions. The employer has to have a temporary need and it must show that United States workers are not available.

Question: How long is an H-2B visa valid for?
Answer: The initial period of stay granted by the Department of Homeland Security (previously known as the Immigration and Naturalization Service) is governed by the period of time that the employer needs the services. This period cannot extend beyond an initial period of one year. However, extensions of stay in increments of one year are possible, but the foreign worker cannot be continuously employed in the United States for more than three years.

Question: What is the first step in obtaining an H-2B visa for someone?
Answer: The very first step is to obtain a labor certification application. This must be obtained by the employer. The request is made to the Department of Labor. You file this request with the state employment service office with jurisdiction over the location of the proposed employment. This labor certification application can cover one foreign worker, or it can cover a number of foreign workers filling the same position who will be working at the same location.

Question: What is the second step in obtaining an H-2B visa for someone?
Answer: The second step comes after the labor certification application has been approved by the Department of Labor. This approval must be filed with the application that is to be sent to the Department of Homeland Security.

Question: What is the third and final step in obtaining an H-2B visa for someone?
Answer: Once the Department of Homeland Security approves the H-2B visa petition, the foreign worker(s) must take the approval notice to a United States Embassy/Consulate in order to apply for the H-2B visa in person. The foreign worker will need to apply for this visa in order to be granted admission to the United States.

Question: If an employer files for several foreign workers using the same approved labor certification application, do all the foreign workers have to go to the same United States Embassy/Consulate abroad to obtain their visas?
Answer: No, they do not. They may go to different embassies abroad.

Question: Can family members of the H-2B visa holder accompany him/her to the United States?
Answer: Yes, spouses and unmarried children under the age of 21 may accompany the H-2B visa holder. They will need to apply for an H-4 visa at the United States Embassy/Consulate. The family members are not allowed to work; however, they are allowed to engage in studies in the United States.

Question: How does the employer file for an extension of the foreign worker’s stay in H-2B category?
Answer: Any extensions must be made at the employer’s request. The employer needs to demonstrate that the initial authorization period is not enough for completion of the duties that is to be performed and must prove that the unavailability of qualified United States workers exists. The employer shows this by obtaining a new labor certification application from the Department of Labor.

Question: What are some examples of H-2B jobs?
Answer: Some examples are: (1) a family wanting to hire a child care attendant in order to supervise their infant child while both of the parents work and the help will be temporary; (2) an employee is going to go on maternity leave for six months and a temporary replacement is needed; (3) a ski resort needs temporary servers and chefs for busy ski season.

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:


870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

Loan Modification Program under Pres. Obama

By ATTY. Crispin Lozano

We will discuss the Obama Administration’s Program to make home affordable through Loan Modification.

Question: What is the government’s loan modification program?
Answer: It is a government assistance to loan servicers (banks) and investors to help offset the cost of modifying homeowner’s mortgages into affordable mortgages that will allow them to keep their homes. This may be done by reducing mortgage interest rate, extending the term of the loan, principal reduction or elimination if necessary. The program begins in March 4, 2009 until December 31, 2012.

Question: Who are eligible for this program?
Answer: You may qualify if:
The home is a one to four unit property that is your primary residence and owner occupied.
Your existing mortgage was originated on or before January 1, 2009.
The property may not be investor-owned.
The property may not be vacant or condemned.
You are not able to pay your existing debt without help.
Your total monthly mortgage payments are more than 31 percent of your gross monthly income.
You are at risk of foreclosure due to a significant increase in mortgage payment, a reduction in income since the current loan was created, or a hardship that has increased your expenses. (Ex. Medical bills).
You owe an amount equal to or less than $729,750 on the first mortgage (higher units are allowed for an owner occupied property that is two to four units).
You may be in bankruptcy.

Question: How will the loan modification program be implemented?
Answer: The program will be implemented as follows:
The lender will have to first reduce payments on mortgages to no greater than 38 percent of Debt to Income ratio.
The Treasury will match further reductions in monthly payments dollar-for-dollar with the lender/investor down to a 31 percent Debt to Income ration for the borrower.
Borrowers are eligible to receive a bonus (Pay for Performance Success Payment) of $1000 each year for five years for paying the mortgage that reduced the principal balance and for being current on the monthly payments.
In order to participate in the program, your servicer bank must have entered into the program agreements with the Treasury’s financial agent no later than December 31, 2009.

Question: I can do the loan modification myself or do I need an attorney to help me?
Answer: Many people who tried to do it alone find it hard to communicate with the servicer bank or were denied for lack of qualifications. If you are represented by an attorney the servicer bank will be obliged to communicate because of the possible filing of court case in your behalf. In addition, an attorney can help you analyze your present situation that will help you obtain a loan modification. Our Law Firm handles loan modification cases.

Tip of the Week

President Obama told the Hispanic Caucus on March 20, 2009 that he will work on immigration reform and path to citizenship as he promised in the campaign. There will be public forum on immigration in the next two months.

Last February 2009, we received an approval of an adjustment of status in Immigration Court for a client who entered the U.S. by misrepresenting himself as married to another person not his wife. The Immigration Judge granted the waiver based on long residence in the U.S. and hardship to the two United States citizen children.

We again have successfully obtained a waiver of fraud or misrepresentation in Immigration Court for a green card holder who entered as single but actually married.
Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.

Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Thursday, March 19, 2009

April 2009 Visa News

By Atty. Crispin Lozano

In this issue, we will discuss the visa bulletin for April 2009, and other important developments in immigration.

April 2009 State Department Visa Bulletin.
If you are checking the status of your priority date, the Department of State is presently processing the following petitions with priority dates earlier than indicated below.
Please note that for the month of April 2009, Employment Based Third Preference visa (professionals and skilled workers) is available for the Philippine nationals with approved labor certifications or I-140 petitions with priority dates earlier than March 1, 2003. For Schedule A nurses and physical therapist, immigrant visa is also available for April 2009 if they have an approved I-140 petition dated earlier than March 1, 2003.
Third Preference visas for Unskilled Workers such as caregivers, nursing assistants and nannies are available for those Philippine Nationals with approved labor certifications dated earlier than March 1, 2001 for the month of April 2009.

Hot News of the Week
1. Filing under the new late amnesty settlement starts on February 1, 2009 and ends on January 31, 2010. The requirements are: (a) the applicant came to the United States on a valid visa before 1982 and fell out of legal status between 1982 to 1988. (b) The violation of status must be known to the government. (c) They must have resided continuously in the United States from before 1982 to 1988. Some denied amnesty applicants may file again this time if (a) their application has not been adjudicated or (b) their Temporary Resident Status has been proposed for termination or (c) their applications were denied because the government believed that they failed to meet the requirement that their unlawful presence was continuous.
2. We again have successfully obtained a waiver of fraud or misrepresentation in Immigration Court for a green card holder who entered as single but actually married. The green card holder who has been in the United States for 17 years has a mother who is a U.S. citizen.
3. Green cards without expiration date should be renewed. They have the alternative of applying for naturalization. Please call our office for questions about renewing green cards.
Tip of the Week:
1. Waiver for misrepresentation at the time of entry (entered as single but actually married) may be waived if you have a parent, spouse, son or daughter who is a U.S. citizen or lawful permanent resident. Once approved you may be eligible for naturalization. You should apply now before your personal situation or the law is changed.
2. Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.
3. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Visa Bulletin for April of 2009

By Monica Ganjoo, ESQ.

Question:
What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 22 years (12 for other countries; 22 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on June 22, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of April is August 1, 1993.

Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of April is August 15, 2004.

Question: What is the Second (B) preference category?
Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of April is January 15, 1998.

Question: What is the Third preference category?
Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of April is June 15, 1991.

Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of April is June 22, 1986.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?
Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500