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.

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