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

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.