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