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.
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.
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