By BEVERLY BYRD
Reynaldo came to the U.S. from the Philippines nine years ago on a tourist visa and never went back. He left in the Philippines five children and a wife, and decided to work here to support them. Though sad without his family, he sacrificed being with them so he could give them a better life in the Philippines.
Year after year, he worked long hours and saved all the money he could, living humbly in a rented room. Every month for nine years he has sent money home to his family. Because of his sacrifice, his family lives comfortably and his two oldest daughters are in nursing school in the Philippines.
But last month, Reynaldo’s loving daughter unknowingly caused her dad’s deportation when she sent him a package from the Philippines. The package went through customs at the airport in San Francisco, and Reynaldo went there to pick it up. When trying to retrieve the package from the Department of Homeland Security’s Customs and Border Protection, he was asked for his ID. When he couldn’t produce a valid ID, he was questioned regarding his immigration status in the U.S.
This questioning led to Reynaldo being placed in deportation proceedings because he has no legal status here in the U.S. He faces certain deportation because he does not qualify for any relief from deportation. His daughters’ nursing careers are now uncertain, and his family will suddenly be without income.
Beware, if you or someone you know has overstayed a required deadline to leave the U.S. and is here illegally, think carefully about coming into contact with the Department of Homeland Security. The consequences could be severe if you have no relief from deportation.
If you are placed in deportation proceedings, immediately seek help from a knowledgeable immigration attorney to see what defense you might have from deportation. It could make all the difference in your future.
Attorney Beverly Byrd graduated from the prestigious Georgetown University Law School in Washington, D.C. with a Master’s in International Law, and has been exclusively practicing U.S. immigration law for over 10 years at Byrd & Associates. She has offices in San Jose and San Francisco. For a limited time, a consultation with Atty. Byrd is free, and all immigration services at Byrd & Associates are 25% off to Manila Mail readers. To schedule a consultation, see our contact information below.
San Jose office
(408) 995-3268
San Francisco office
(415) 362-2285
info@byrdassociates.com
Thursday, July 8, 2010
Immigration Policy Allows Asylum for Battered Women
By 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:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
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:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
What Happen If Your Adjustment of Status is denied?
By CRISPIN LOZANO
Question: What happen if my adjustment of status based on my marriage to a U.S. citizen is denied by the Immigration Officer?
Answer: If you received a denial of your adjustment of status, the I-130 immigrant petition is also denied. You can appeal your case with the Board of Immigration Appeal (BIA) or file a new I-130 petition. Denied adjustment of status is usually referred to the Immigration Judge for removal proceedings. They will send you a Notice to Appear to the Immigration Court within a few months after the denial.
Question: What are my chances on appeal or by filing a new I-130 petition for me based on the same marriage?
Answer: The inconsistencies and findings during the interview should be properly addressed. Both the petitioner and the beneficiary must prove that the marriage was not entered into to obtain immigration benefit. The proof should be more than preponderance of evidence to overcome any finding of sham marriage. If all the findings in the interview can be overcome there is a good chance that the petition will be approved.
Question: What is the evidence needed to overcome the finding of sham marriage?
Answer: The evidence may take the form of testimonies regarding the parties’ courtship and shared residence. Testimony may come from the parties themselves, and their relatives and friends who are witnesses to their courtship and shared life. Documents may include insurance policies, lease agreement, income tax returns, bank accounts, utility bills and other forms showing the names of the petitioner and beneficiary together. Numerous photos of the couples’ shared experiences should also be submitted.
Question: What is the best way to deal with this situation?
Answer: Getting a green card or having a denial can happen in this case. This will be one of your major life decisions. You need to consult with an experienced immigration attorney to help you.
Immigration News
1. The Ninth Circuit Court decided that the death of U.S. citizen parent will not be a hindrance to seek waiver of misrepresentation.
2. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188. Visit our website at www.crispinlozano.com/, www.loanmodificationsupport.org/
Question: What happen if my adjustment of status based on my marriage to a U.S. citizen is denied by the Immigration Officer?
Answer: If you received a denial of your adjustment of status, the I-130 immigrant petition is also denied. You can appeal your case with the Board of Immigration Appeal (BIA) or file a new I-130 petition. Denied adjustment of status is usually referred to the Immigration Judge for removal proceedings. They will send you a Notice to Appear to the Immigration Court within a few months after the denial.
Question: What are my chances on appeal or by filing a new I-130 petition for me based on the same marriage?
Answer: The inconsistencies and findings during the interview should be properly addressed. Both the petitioner and the beneficiary must prove that the marriage was not entered into to obtain immigration benefit. The proof should be more than preponderance of evidence to overcome any finding of sham marriage. If all the findings in the interview can be overcome there is a good chance that the petition will be approved.
Question: What is the evidence needed to overcome the finding of sham marriage?
Answer: The evidence may take the form of testimonies regarding the parties’ courtship and shared residence. Testimony may come from the parties themselves, and their relatives and friends who are witnesses to their courtship and shared life. Documents may include insurance policies, lease agreement, income tax returns, bank accounts, utility bills and other forms showing the names of the petitioner and beneficiary together. Numerous photos of the couples’ shared experiences should also be submitted.
Question: What is the best way to deal with this situation?
Answer: Getting a green card or having a denial can happen in this case. This will be one of your major life decisions. You need to consult with an experienced immigration attorney to help you.
Immigration News
1. The Ninth Circuit Court decided that the death of U.S. citizen parent will not be a hindrance to seek waiver of misrepresentation.
2. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188. Visit our website at www.crispinlozano.com/, www.loanmodificationsupport.org/
Wednesday, June 2, 2010
Visas for Victims of Crime
By MONICA GANJOO
Question: Are victims of crime(s) eligible for any immigration benefits?
Answer: In many cases, yes. Undocumented individuals in the United States may be afraid to report crime(s) to law enforcement officials because they fear that they will be handed over to ICE (Immigration Custom Enforcement) as soon as law enforcement will no longer need them. However, there are certain visas available to these individuals as long as they assist in the prosecution of the criminal(s).
Question: What is VAWA?
Answer: VAWA stands for Violence Against Women Act. If you are married to a United States citizen or Legal Permanent Resident and you are abused by him/her physically, mentally, and/or emotionally, you may be able to file for this benefit. Depending on how you entered the United States and when, you may be eligible to obtain your legal permanent residency without the help of your spouse. Children of the victim are also qualified. You may file for this benefit if you are still with the spouse, or if you are no longer with him/her. However, if you have been separated from the spouse, there is two year time limit to file for this benefit.
Question: What is the U Visa?
Answer: The U Visas is filed on Form I-918. There is a fee that the DHS (Department of Homeland Security – formerly known as INS) charges for this form; however, there is also a fee waiver available if the undocumented individual cannot pay the filing fee. However, there is no fee waiver available for the inadmissibility waiver. Victim must show that he/she is fully cooperating with law enforcement in regards to the criminal activity.
Question: What crimes qualify for a U Visa?
Answer: Rape, domestic violence, kidnapping, murder, extortion, felonious assault and false imprisonment.
Question: What documents need to be filed with the U Visa?
Answer: Certification is required in order to file for the U Visa. This certification can be obtained from a law enforcement agency (police department), the prosecutor’s office, or a judge. This certification must state the actual or likely significant assistance that the victim is doing in either investigation or the prosecution of the criminal. The individual signing the certification must have been involved in the event and he/she must have been the leading person on the case.
Question: What are the requirements of the U Visa applicant?
Answer: The applicant must show that he/she is the victim of substantial abuse, either directly or indirectly. The abuse could be physical, mental, or emotional. An example of indirect abuse would be if a child witnesses his father beating his mother. This child would also be eligible for the U Visa.
Question: What is the T Visa?
Answer: The T Visa offers relief to victims of severe trafficking while enhancing the capacity of law enforcement agencies to investigate and prosecute the criminal. The victim must be physically present in the United States in order to qualify for the T Visa. The victim must also prove that he/she will endure extreme hardship if he/she is removed from the United States and that he/she is reasonably assisting in the investigation and prosecution of the criminal.
Question: What constitutes “severe trafficking”?
Answer: Severe trafficking is defined as the recruitment, harboring, transportation, provision or obtaining of an individual for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; OR, sex trafficking in which a commercial se act is induced by force, fraud or coercion, or in which the individual induced to perform such act has not attained the age of 18.
Question: What is required from the T Visa applicant?
Answer: A personal statement needs to be submitted with the application. This must be very detailed and it must include the five stages of the victim’s trafficking experience (pre-departure, travel/transit, destination, detention/deportation/criminal evidence, integration/reintegration). In addition to other things, the statement must also be very detailed in regards to dates, names, relationships, mental states, and specific occurrences of abuse.
Question: What is the S Visa?
Answer: The S Visa was established by the USA PATRIOT Act. This is a temporary visa and it may lead to legal permanent residency. The S-1 Visa is given to individuals who possess “critical reliable information” in regards to criminal activity, who willingly share this information and whose presence in the United States is or was at one time necessary for a successful prosecution of the criminal. The Forms are I-854 and I-539 and they may be filed by a law enforcement agency, state prosecutor, or U.S. Attorney. This person will receive a three year work permit.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco, San Jose, or by telephone. 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:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
Answer: In many cases, yes. Undocumented individuals in the United States may be afraid to report crime(s) to law enforcement officials because they fear that they will be handed over to ICE (Immigration Custom Enforcement) as soon as law enforcement will no longer need them. However, there are certain visas available to these individuals as long as they assist in the prosecution of the criminal(s).
Question: What is VAWA?
Answer: VAWA stands for Violence Against Women Act. If you are married to a United States citizen or Legal Permanent Resident and you are abused by him/her physically, mentally, and/or emotionally, you may be able to file for this benefit. Depending on how you entered the United States and when, you may be eligible to obtain your legal permanent residency without the help of your spouse. Children of the victim are also qualified. You may file for this benefit if you are still with the spouse, or if you are no longer with him/her. However, if you have been separated from the spouse, there is two year time limit to file for this benefit.
Question: What is the U Visa?
Answer: The U Visas is filed on Form I-918. There is a fee that the DHS (Department of Homeland Security – formerly known as INS) charges for this form; however, there is also a fee waiver available if the undocumented individual cannot pay the filing fee. However, there is no fee waiver available for the inadmissibility waiver. Victim must show that he/she is fully cooperating with law enforcement in regards to the criminal activity.
Question: What crimes qualify for a U Visa?
Answer: Rape, domestic violence, kidnapping, murder, extortion, felonious assault and false imprisonment.
Question: What documents need to be filed with the U Visa?
Answer: Certification is required in order to file for the U Visa. This certification can be obtained from a law enforcement agency (police department), the prosecutor’s office, or a judge. This certification must state the actual or likely significant assistance that the victim is doing in either investigation or the prosecution of the criminal. The individual signing the certification must have been involved in the event and he/she must have been the leading person on the case.
Question: What are the requirements of the U Visa applicant?
Answer: The applicant must show that he/she is the victim of substantial abuse, either directly or indirectly. The abuse could be physical, mental, or emotional. An example of indirect abuse would be if a child witnesses his father beating his mother. This child would also be eligible for the U Visa.
Question: What is the T Visa?
Answer: The T Visa offers relief to victims of severe trafficking while enhancing the capacity of law enforcement agencies to investigate and prosecute the criminal. The victim must be physically present in the United States in order to qualify for the T Visa. The victim must also prove that he/she will endure extreme hardship if he/she is removed from the United States and that he/she is reasonably assisting in the investigation and prosecution of the criminal.
Question: What constitutes “severe trafficking”?
Answer: Severe trafficking is defined as the recruitment, harboring, transportation, provision or obtaining of an individual for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery; OR, sex trafficking in which a commercial se act is induced by force, fraud or coercion, or in which the individual induced to perform such act has not attained the age of 18.
Question: What is required from the T Visa applicant?
Answer: A personal statement needs to be submitted with the application. This must be very detailed and it must include the five stages of the victim’s trafficking experience (pre-departure, travel/transit, destination, detention/deportation/criminal evidence, integration/reintegration). In addition to other things, the statement must also be very detailed in regards to dates, names, relationships, mental states, and specific occurrences of abuse.
Question: What is the S Visa?
Answer: The S Visa was established by the USA PATRIOT Act. This is a temporary visa and it may lead to legal permanent residency. The S-1 Visa is given to individuals who possess “critical reliable information” in regards to criminal activity, who willingly share this information and whose presence in the United States is or was at one time necessary for a successful prosecution of the criminal. The Forms are I-854 and I-539 and they may be filed by a law enforcement agency, state prosecutor, or U.S. Attorney. This person will receive a three year work permit.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco, San Jose, or by telephone. 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:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
CSPA Benefits under New USCIS Guidelines
By: CRISPIN LOZANO
Question: What are the basic changes in the interpretation of the CSPA by USCIS?
Answer: The changes are:
1. It permits individuals who were ineligible under the prior policy to file a new application for permanent resident.
2. It also permits those individuals who were previously denied for CSPA to file motions to reopen without filing fee.
Question: What are examples of the changes in the CSPA that will be of benefit to beneficiaries and derivatives?
Answer: The following are the examples:
Example 1. No pending petition or application on 08/06/2002.
Pablo, a permanent resident, filed an immigrant visa for son Sony when he was 20 years of age and was approved before August 6, 2002. At that time USCIS determined that CSPA did not apply because Sony has no pending I-485 application as of August 6, 2002. Based on the new guideline Sony may file an I-485 adjustment of status or green card at the U. S. consulate as if it had been filed within one year of visa availability.
Example 2. Initially filed F-2A and Beneficiary did not file within one year.
Petra filed an immigrant petition for Sonia when she was 20 years of age. Petra naturalized after Sonia became 21 years. Based on prior guidance Sonia could not benefit under CSPA because she was initially filed under F-2A. Sonia did not file for green card because she was not qualified. Under the current guideline for CSPA Sonia may apply for green card even if she did not file I-485 within one year of visa availability.
Example 3. Derivative or dependent of Principal Beneficiary
Princes is the principal beneficiary of an I-140 petition filed by her employer. When the petition was filed Derek, her son, was 20 years and the visa is available. It took USCIS five years to approve the petition. Immediately after approval of the petition, Princes filed for adjustment of status. Derek can benefit from CSPA even though he is already 26 years of age because the one year filing requirement starts when the USCIS approved the I-140 petition.
Immigration News
1. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
2. We have just received approval from Administrative Appeals Office of I-601 Waiver for an applicant entered with an assumed name.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
6. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Question: What are the basic changes in the interpretation of the CSPA by USCIS?
Answer: The changes are:
1. It permits individuals who were ineligible under the prior policy to file a new application for permanent resident.
2. It also permits those individuals who were previously denied for CSPA to file motions to reopen without filing fee.
Question: What are examples of the changes in the CSPA that will be of benefit to beneficiaries and derivatives?
Answer: The following are the examples:
Example 1. No pending petition or application on 08/06/2002.
Pablo, a permanent resident, filed an immigrant visa for son Sony when he was 20 years of age and was approved before August 6, 2002. At that time USCIS determined that CSPA did not apply because Sony has no pending I-485 application as of August 6, 2002. Based on the new guideline Sony may file an I-485 adjustment of status or green card at the U. S. consulate as if it had been filed within one year of visa availability.
Example 2. Initially filed F-2A and Beneficiary did not file within one year.
Petra filed an immigrant petition for Sonia when she was 20 years of age. Petra naturalized after Sonia became 21 years. Based on prior guidance Sonia could not benefit under CSPA because she was initially filed under F-2A. Sonia did not file for green card because she was not qualified. Under the current guideline for CSPA Sonia may apply for green card even if she did not file I-485 within one year of visa availability.
Example 3. Derivative or dependent of Principal Beneficiary
Princes is the principal beneficiary of an I-140 petition filed by her employer. When the petition was filed Derek, her son, was 20 years and the visa is available. It took USCIS five years to approve the petition. Immediately after approval of the petition, Princes filed for adjustment of status. Derek can benefit from CSPA even though he is already 26 years of age because the one year filing requirement starts when the USCIS approved the I-140 petition.
Immigration News
1. Arizona immigration law is just the start of States legislating on immigration. It is time to work on your papers now.
2. We have just received approval from Administrative Appeals Office of I-601 Waiver for an applicant entered with an assumed name.
3. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
4. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
5. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
6. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Tuesday, May 4, 2010
Immigration Policy Allows Asylum for Battered Women
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:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
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:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
May Using a Different Name upon Entry to the U. S. Be Forgiven?
What relief is available to aliens who entered the United States using a different name? There is still hope for those aliens as we will discuss hereunder.
Example: Delia came to the United States in 1999 using a different name in her passport as her real name. She married a U.S. citizen in Jan. 1, 2001 and an immigrant petition was filed by her spouse in March 2001. Delia’s real name is Rhea. In the I-130 petition, she used her real name and the USCIS discovered this matter when she showed her passport. Can Rhea adjust status and what are the conditions?
Analysis: The law requires that for an alien who apply for adjustment of status, the following is required:
1. A visa is immediately available.
2. Must have entered the U. S. legally and have legal status at the time of adjustment application. If applying under Sec. 245 (i) the alien must have entered the United States before December 21, 2000 and an immigrant petition or labor certification must have been filed for the alien on or before April 30, 2001.
3. The alien is not inadmissible. If she is inadmissible, there must be a waiver of inadmissibility approved.
Application of the Law to Rhea’s case: The first requirement is satisfied because she married a U.S. citizen and a visa is immediately available for her as the spouse. Since she entered the U.S. under a different name, she is not qualified under the normal law of adjustment of status. She will need to file under Sec. 245(i). She qualified under Sec. 245(i) because she is present in the United States on December 21, 2000 and there was an immigrant petition filed on her behalf before April 30, 2001. Under the third requirement, Rhea is inadmissible because she entered under a different name and this is considered a misrepresentation. She will need to apply for a waiver of inadmissibility to be approved for adjustment of status.
Question: How can Rhea apply for waiver of inadmissibility?
Answer: Rhea will need to file an I-601 waiver and prove that it will be an extreme hardship to her U.S. citizen spouse if her application for adjustment of status is denied.
Note: This is not a legal advice.
Immigration News
1. We have just received approval from Administrative Appeals Office of I-601 Waiver for an applicant entered with an assumed name.
2. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
3. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
4. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Example: Delia came to the United States in 1999 using a different name in her passport as her real name. She married a U.S. citizen in Jan. 1, 2001 and an immigrant petition was filed by her spouse in March 2001. Delia’s real name is Rhea. In the I-130 petition, she used her real name and the USCIS discovered this matter when she showed her passport. Can Rhea adjust status and what are the conditions?
Analysis: The law requires that for an alien who apply for adjustment of status, the following is required:
1. A visa is immediately available.
2. Must have entered the U. S. legally and have legal status at the time of adjustment application. If applying under Sec. 245 (i) the alien must have entered the United States before December 21, 2000 and an immigrant petition or labor certification must have been filed for the alien on or before April 30, 2001.
3. The alien is not inadmissible. If she is inadmissible, there must be a waiver of inadmissibility approved.
Application of the Law to Rhea’s case: The first requirement is satisfied because she married a U.S. citizen and a visa is immediately available for her as the spouse. Since she entered the U.S. under a different name, she is not qualified under the normal law of adjustment of status. She will need to file under Sec. 245(i). She qualified under Sec. 245(i) because she is present in the United States on December 21, 2000 and there was an immigrant petition filed on her behalf before April 30, 2001. Under the third requirement, Rhea is inadmissible because she entered under a different name and this is considered a misrepresentation. She will need to apply for a waiver of inadmissibility to be approved for adjustment of status.
Question: How can Rhea apply for waiver of inadmissibility?
Answer: Rhea will need to file an I-601 waiver and prove that it will be an extreme hardship to her U.S. citizen spouse if her application for adjustment of status is denied.
Note: This is not a legal advice.
Immigration News
1. We have just received approval from Administrative Appeals Office of I-601 Waiver for an applicant entered with an assumed name.
2. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
3. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
4. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Tuesday, March 30, 2010
Visa Bulletin for April of 2010
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, 19
93, 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, 1987. 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 six 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 March 1, 1994.
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 June 1, 2006.
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 September 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 March 1, 1992.
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 September 8, 1987.
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 $25. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $25 consultation with Monica Ganjoo, call one of her offices below:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
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, 19
93, 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, 1987. 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 six 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 March 1, 1994.
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 June 1, 2006.
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 September 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 March 1, 1992.
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 September 8, 1987.
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 $25. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $25 consultation with Monica Ganjoo, call one of her offices below:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
May an Abused Spouse Self- Petition for a Green Card?
By Atty Crispin Lozano
Question: Who qualifies for self-petition and cancellation of removal under Violence Against Women Act (VAWA)?
Answer: The following qualify for self-petition and cancellation of removal:
1. Abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident.
2. Abused child of U.S. citizen or lawful permanent resident.
3. Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent.
Question: Who may qualify for cancellation of removal as battered immigrant if they could not file a self-petition?
Answer: The following battered immigrants do not qualify for self-petition but may qualify under VAWA cancellation of removal:
1. Abused spouse who was divorced for over 2 years from the abuser;
2. Abused spouse of a lawful permanent resident who has died or any abused children of a U.S. citizen or lawful permanent resident parent who has died.
3. Parent of an abused child who was never married to the child’s abusive U.S. citizen or lawful permanent resident parent;
4. Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
5. Abused spouse or child whose citizen parent gave up citizenship or lost lawful permanent resident for over 2 years;
6. Victims of incest or child abuse who were abused while they were under 21 but failed to file self-petition and who are now over 21 years;
7. Victims of child abuse who cannot establish that they have resided with the abuser.
Question: What are the requirements for cancellation of removal?
Answer: The following are required to cancel removal:
1. Battery or extreme cruelty of the U.S. citizen or Lawful Permanent resident spouse or parent.
2. Three years of continuous presence in the U. S.;
3. Good moral character of applicant;
4. Extreme hardship is she or her child or her parent is deported.
Immigration News
1. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
2. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
3. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
4. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D 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 was approved for Naturalization later.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
5. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Question: Who qualifies for self-petition and cancellation of removal under Violence Against Women Act (VAWA)?
Answer: The following qualify for self-petition and cancellation of removal:
1. Abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident.
2. Abused child of U.S. citizen or lawful permanent resident.
3. Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent.
Question: Who may qualify for cancellation of removal as battered immigrant if they could not file a self-petition?
Answer: The following battered immigrants do not qualify for self-petition but may qualify under VAWA cancellation of removal:
1. Abused spouse who was divorced for over 2 years from the abuser;
2. Abused spouse of a lawful permanent resident who has died or any abused children of a U.S. citizen or lawful permanent resident parent who has died.
3. Parent of an abused child who was never married to the child’s abusive U.S. citizen or lawful permanent resident parent;
4. Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
5. Abused spouse or child whose citizen parent gave up citizenship or lost lawful permanent resident for over 2 years;
6. Victims of incest or child abuse who were abused while they were under 21 but failed to file self-petition and who are now over 21 years;
7. Victims of child abuse who cannot establish that they have resided with the abuser.
Question: What are the requirements for cancellation of removal?
Answer: The following are required to cancel removal:
1. Battery or extreme cruelty of the U.S. citizen or Lawful Permanent resident spouse or parent.
2. Three years of continuous presence in the U. S.;
3. Good moral character of applicant;
4. Extreme hardship is she or her child or her parent is deported.
Immigration News
1. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
2. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
3. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
4. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D 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 was approved for Naturalization later.
Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
5. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Tuesday, February 2, 2010
What if you are illegal and your legal spouse dies?
By Attorney Monica Ganjoo
QUESTION: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse has died?
ANSWER: Possibly. This can be done through Form I-360. The widow/widower must have been married for at least two years prior to the spouse’s death. Further, they must show that the application is being filed within two years of the spouse’s death and that they were living together.
QUESTION: What if the United States citizen spouse dies before two years of marriage?
ANSWER: The answer to this question depends on where the person resides. In the Ninth Circuit (California follows the laws of Ninth Circuit), if the United States citizen spouse dies after filing the spousal immediate relative (Form I-130) and after the person has filed for the green card (Form I-485), but before there is a final decision on the spousal immediate relative, the spousal immediate relative can still be approved. Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006). It must be shown that the marriage was a bona fide marriage, one not entered into for gaining immigration benefits. But, if the green card application was not filed before the spouse died, then the spousal immediate relative will be denied.
QUESTION: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse is still alive, but has been abusive and is refusing to help with immigration paperwork?
ANSWER: Yes. This can be done through Form I-360. You will have to send in documentations and affidavits to prove that you were abused by the United States citizen/Legal Permanent Resident spouse.
QUESTION: Does the abuse have to be physical?
ANSWER: No. The abuse can be physical, mental and/or emotional. You must be able to prove this. A letter from a psychologist, psychiatrist, or therapist would be extremely helpful.
QUESTION: Can the widow or abused individual marry someone else while the I-360 is pending?
ANSWER: No, the individual cannot marry until the Legal Permanent Residence status has been granted.
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 and San Jose. To obtain a consultation in San Francisco, call (415) 495-3710. To obtain a consultation in San Jose, call (408) 975-0500.
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
QUESTION: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse has died?
ANSWER: Possibly. This can be done through Form I-360. The widow/widower must have been married for at least two years prior to the spouse’s death. Further, they must show that the application is being filed within two years of the spouse’s death and that they were living together.
QUESTION: What if the United States citizen spouse dies before two years of marriage?
ANSWER: The answer to this question depends on where the person resides. In the Ninth Circuit (California follows the laws of Ninth Circuit), if the United States citizen spouse dies after filing the spousal immediate relative (Form I-130) and after the person has filed for the green card (Form I-485), but before there is a final decision on the spousal immediate relative, the spousal immediate relative can still be approved. Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006). It must be shown that the marriage was a bona fide marriage, one not entered into for gaining immigration benefits. But, if the green card application was not filed before the spouse died, then the spousal immediate relative will be denied.
QUESTION: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse is still alive, but has been abusive and is refusing to help with immigration paperwork?
ANSWER: Yes. This can be done through Form I-360. You will have to send in documentations and affidavits to prove that you were abused by the United States citizen/Legal Permanent Resident spouse.
QUESTION: Does the abuse have to be physical?
ANSWER: No. The abuse can be physical, mental and/or emotional. You must be able to prove this. A letter from a psychologist, psychiatrist, or therapist would be extremely helpful.
QUESTION: Can the widow or abused individual marry someone else while the I-360 is pending?
ANSWER: No, the individual cannot marry until the Legal Permanent Residence status has been granted.
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 and San Jose. To obtain a consultation in San Francisco, call (415) 495-3710. To obtain a consultation in San Jose, call (408) 975-0500.
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
Abused Spouse May Qualify for Cancellation of Removal
By Attorney Crispin Lozano
Abused spouse or the parent of abused child of a U.S. citizen or Lawful Permanent Resident may qualify for Cancellation of Removal and obtain a green card under the Violence against Women Act (VAWA). A work authorization while in proceedings may be requested.
Question: Who qualifies for cancellation of removal and self-petition under VAWA?
Answer: The following qualify for self-petition and cancellation of removal:
1. Abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident.
2. Abused child of U.S. citizen or lawful permanent resident.
3. Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent.
Question: Who may qualify for cancellation of removal as battered immigrant if they could not file a self-petition?
Answer: The following battered immigrants do not qualify for self-petition but may qualify under VAWA cancellation of removal:
1. Abused spouse who was divorced for over 2 years from the abuser;
2. Abused spouse of a lawful permanent resident who has died or any abused children of a U.S. citizen or lawful permanent resident parent who has died.
3. Parent of an abused child who was never married to the child’s abusive U.S. citizen or lawful permanent resident parent;
4. Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
5. Abused spouse or child whose citizen parent gave up citizenship or lost lawful permanent resident for over 2 years;
6. Victims of incest or child abuse who were abused while they were under 21 but failed to file self-petition and who are now over 21 years;
7. Victims of child abuse who cannot establish that they have resided with the abuser.
Question: What are the requirements for cancellation of removal?
Answer: The following are required to cancel removal:
1. Battery or extreme cruelty of the U.S. citizen or Lawful Permanent resident spouse or parent.
2. Three years of continuous presence in the U. S.;
3. Good moral character of applicant;
4. Extreme hardship is she or her child or her parent is deported.
Immigration News
1. On January 5, 2009, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
2. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
3. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D 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. Waiver application is discretionary to the judge after weighing positive and negative factors.
Tip of the Week
1. Green card holders who are interrogated at the port of entry should always ask for a hearing before an immigration judge to avoid removal.
2. Green cards without expiration date should be renewed. They have the alternative of applying for naturalization.
3. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Abused spouse or the parent of abused child of a U.S. citizen or Lawful Permanent Resident may qualify for Cancellation of Removal and obtain a green card under the Violence against Women Act (VAWA). A work authorization while in proceedings may be requested.
Question: Who qualifies for cancellation of removal and self-petition under VAWA?
Answer: The following qualify for self-petition and cancellation of removal:
1. Abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident.
2. Abused child of U.S. citizen or lawful permanent resident.
3. Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent.
Question: Who may qualify for cancellation of removal as battered immigrant if they could not file a self-petition?
Answer: The following battered immigrants do not qualify for self-petition but may qualify under VAWA cancellation of removal:
1. Abused spouse who was divorced for over 2 years from the abuser;
2. Abused spouse of a lawful permanent resident who has died or any abused children of a U.S. citizen or lawful permanent resident parent who has died.
3. Parent of an abused child who was never married to the child’s abusive U.S. citizen or lawful permanent resident parent;
4. Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
5. Abused spouse or child whose citizen parent gave up citizenship or lost lawful permanent resident for over 2 years;
6. Victims of incest or child abuse who were abused while they were under 21 but failed to file self-petition and who are now over 21 years;
7. Victims of child abuse who cannot establish that they have resided with the abuser.
Question: What are the requirements for cancellation of removal?
Answer: The following are required to cancel removal:
1. Battery or extreme cruelty of the U.S. citizen or Lawful Permanent resident spouse or parent.
2. Three years of continuous presence in the U. S.;
3. Good moral character of applicant;
4. Extreme hardship is she or her child or her parent is deported.
Immigration News
1. On January 5, 2009, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
2. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
3. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D 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. Waiver application is discretionary to the judge after weighing positive and negative factors.
Tip of the Week
1. Green card holders who are interrogated at the port of entry should always ask for a hearing before an immigration judge to avoid removal.
2. Green cards without expiration date should be renewed. They have the alternative of applying for naturalization.
3. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
Tuesday, January 26, 2010
Visa Bulletin for February of 2010
By Atty 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 July 1, 1987. 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 six 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 February is January 1, 1994.
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 February is March 1, 2006.
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 February is July 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 February is January 1, 1992.
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 February is July 1, 1987.
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 $25. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $25 consultation with Monica Ganjoo, call one of her offices below:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
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 July 1, 1987. 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 six 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 February is January 1, 1994.
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 February is March 1, 2006.
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 February is July 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 February is January 1, 1992.
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 February is July 1, 1987.
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 $25. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $25 consultation with Monica Ganjoo, call one of her offices below:
SAN FRANCISCO:
870 Market Street
Suite 340
San Francisco, CA 94102
(415) 495-3710
SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500
New Evidence after Removal of Alien Can be submitted on Appeal
By Atty Crispin Lozano
When an alien is ordered removed from the United States by an Immigration Judge, generally an appeal is made to the Board of Immigration Appeals (BIA). While the case is on appeal, important evidence may come up not previously considered by the Immigration Judge.
Question: May new evidence be submitted by an alien to the BIA?
Answer: Yes. Newly discovered evidence may be submitted to the BIA to pursue adjustment of status to permanent resident, request a waiver or cancel removal.
Question: What are examples of evidence that may be submitted to the BIA?
Answer: Evidence that will prove your eligibility to an immigrant visa or waiver of deportability/inadmissibility or cancellation of removal may be submitted. This evidence must not be available at the time of the merit hearing with the Immigration Judge. Examples are approval of I-130 petition that gives you immediate eligibility for an immigrant visa; birth of a child if the issue is lack of good faith marriage; marriage to a U.S. citizen or new visa for immediate relatives that will qualify you to adjust status to permanent resident or for waiver of deportability/inadmissibility.
Question: What is the procedure for submitting new evidence?
Answer: The new evidence may be submitted to the BIA with a Motion to remand the proceedings to the Immigration Judge. A Motion to Remand is a request to send the case back to where it originally comes from before the appeal. Upon remand the Immigration Judge will decide whether the new evidence is sufficient to grant an immigrant visa or waive deportability/inadmissibility or cancel deportability.
Question: What are the requirements for filing a Motion to remand?
Answer: The supporting documents that prove eligibility for an immigrant visa or waiver of deportability must be submitted with the motion to remand.
Question: How do I know if I qualify to submit new evidence on appeal?
Answer: You should consult immediately with an immigration attorney if the situation applies to you since time is of the essence on this matter.
Immigration News
1. On January 5, 2009, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
2. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
3. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D 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. Waiver application is discretionary to the judge after weighing positive and negative factors.
2. Green cards without expiration date should be renewed. They have the alternative of applying for naturalization.
3. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
When an alien is ordered removed from the United States by an Immigration Judge, generally an appeal is made to the Board of Immigration Appeals (BIA). While the case is on appeal, important evidence may come up not previously considered by the Immigration Judge.
Question: May new evidence be submitted by an alien to the BIA?
Answer: Yes. Newly discovered evidence may be submitted to the BIA to pursue adjustment of status to permanent resident, request a waiver or cancel removal.
Question: What are examples of evidence that may be submitted to the BIA?
Answer: Evidence that will prove your eligibility to an immigrant visa or waiver of deportability/inadmissibility or cancellation of removal may be submitted. This evidence must not be available at the time of the merit hearing with the Immigration Judge. Examples are approval of I-130 petition that gives you immediate eligibility for an immigrant visa; birth of a child if the issue is lack of good faith marriage; marriage to a U.S. citizen or new visa for immediate relatives that will qualify you to adjust status to permanent resident or for waiver of deportability/inadmissibility.
Question: What is the procedure for submitting new evidence?
Answer: The new evidence may be submitted to the BIA with a Motion to remand the proceedings to the Immigration Judge. A Motion to Remand is a request to send the case back to where it originally comes from before the appeal. Upon remand the Immigration Judge will decide whether the new evidence is sufficient to grant an immigrant visa or waive deportability/inadmissibility or cancel deportability.
Question: What are the requirements for filing a Motion to remand?
Answer: The supporting documents that prove eligibility for an immigrant visa or waiver of deportability must be submitted with the motion to remand.
Question: How do I know if I qualify to submit new evidence on appeal?
Answer: You should consult immediately with an immigration attorney if the situation applies to you since time is of the essence on this matter.
Immigration News
1. On January 5, 2009, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
2. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
3. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D 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. Waiver application is discretionary to the judge after weighing positive and negative factors.
Tip of the Week
1. Green cards issued in error by the USCIS on an adjustment of status may not be rescinded or taken away after five years.2. Green cards without expiration date should be renewed. They have the alternative of applying for naturalization.
3. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
4. 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 College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.
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