Visa Bulletin for November of 2011

 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 August 22, 1988.  There is a five 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 five 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 November is February 8, 1997.
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 November is February 15, 2009.
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 November is July 15, 2001.
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 November is June 22, 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 November is August 22, 1988.
 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:

870 Market Street, Suite 340
San Francisco, CA  94102
(415) 495-3710

111 W. Saint John Street,
Suite 513
San Jose, CA  95113
(408) 975-0500

What is the effect of bankruptcy in my credit score?

 By Atty Crispin Lozano

Question: Will filing bankruptcy damage severely my credit score?
Answer: If you are already 60 to 120 days late in payments bankruptcy will not significantly damage your credit score because you are already low end of the curve.  Credit score is a record of all your credit transactions and is determined by many factors such as late payments, high credit balances, charged off accounts, collection accounts and many more.  All late payments will be in your credit report for seven years until you file bankruptcy.  When you file for bankruptcy, these debts will be marked as “included in Chapter 7 or 13 bankruptcy” instead of being reported with so many late payments.  
By the time you are considering bankruptcy your credit score is already in the 500 range and by filing bankruptcy the reduction in credit score will not be very much.  In reality, after filing bankruptcy your credit score will improve because of the following:
1. The negative reporting of late payments and non-payments will not be reported anymore in your credit.
2. If you file bankruptcy you can start building your credit just after your bankruptcy discharge because there will be no more late payments the lenders will be reporting.
3. If you managed your credit well after bankruptcy, you can achieve a credit score of around 700 within two or three years.
4. Historically, when buying secured properties such as house or car, you would be given credit within three years.  Under the current economic situation when credit is hard to find even for those with a 700 credit score find it hard to borrow money.  Good credit and bad credit does not make big difference nowadays when it comes to borrowing money because banks are not lending at all.
5. You can use your own bank debit card in place of credit card for the first few years after bankruptcy.
6. You can get a secured credit card by depositing money to the credit card company so that you can have a credit card.  This will help you build your credit score.
7. You will have more cash after discharge from bankruptcy because you will no longer be paying bills you were paying before.  Hence, your need for credit is basically eliminated.
Question:   Can I still rent an apartment if I file bankruptcy?
Answer: Yes.  If you intend to rent an apartment, the apartment manager understands the present economic condition where many people filed for bankruptcy.  In order for you to be approved to rent the apartment you may be required or you may offer to increase the security deposit as guarantee for payment of rent.  
Question: Will my employer fire me if I file bankruptcy?
Answer: No.  Government units and private employers cannot fire you for filing bankruptcy because it will be an act of discrimination and it is illegal. 
Note: This is not a legal advice.
Bankruptcy News
1. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
2. Collection actions continue and you can be sued if you are in debt settlement.
3. Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.
4. Bankruptcy will stop foreclosure actions.  If your trustee sale date is 10 days before, you can still file for bankruptcy.
5. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
6. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
7. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.

Immigration Questions and Answers

By Atty Byrd

 

Question:  Hello Attorney Byrd.  Thank you for your weekly column, and your advice to our community.  My cousin was brought here with her parents when she was 3 years old.  She is in college now.  Can she benefit from the new immigration policy that we’ve been reading about?  Thank you Attorney Byrd.  Fernando
Answer:  Hello Fernando.  Thank you for your question. It’s great that your cousin is able to continue her education.  Unfortunately, as your cousin is not in deportation proceedings, and apparently not in imminent danger of being placed in deportation proceedings, there is nothing for your cousin to benefit from at the moment.  There is no official Dream Act at the moment.  I have been asked by some clients if it is to their advantage to turn themselves into ICE.  The general answer is a resounding “No.”  Your cousin, and any other readers contemplating turning themselves into ICE should consult with a competent immigration attorney, and preferably one who focuses on deportation, before they come into contact with ICE.  Stay tuned, however, as ICE’s policies continue to evolve.
Question:  Hi Attorney Byrd.  I and my friends read your column every week, and find it very informative.  I have a question that I hope you can answer.  My sister’s husband died last year, and she filed on her own for a green card as a widow of a U.S. citizen.  She now has a green card interview in Las Vegas in December.  Should she have had two interviews for the petition and the green card, and does she need to show any documents about her marriage since her husband can’t be there?  Thanks Attorney.  God Bless. Jocelyn
Answer:  Hello Jocelyn.  Thank you for your question.  I’m sorry to hear the sad news about your sister’s husband.  Yes, the widow of a U.S. citizen is able to self-petition for a green card by filing Form I-360.  This form is filed at the same time as the green card application, and USCIS will schedule just one interview to make a decision on both forms.  Your sister does have to prove that she and her husband married in good faith.  The interviewing officer will want to see documents proving that they lived as a real married couple, such as a joint lease or mortgage, joint utility bills, joint health, life or auto insurance, and photographs among other things. 
IMMIGRATION NEWS
Good News!  Santa Clara County Making it Harder for Immigrants to be Put in Deportation Proceedings
In what has been heralded as the most progressive policy in the nation, Santa Clara County voted last week in a new set of guidelines for civil immigration detainers, which in effect ends the county’s collaboration with Immigration and Custom Enforcement (ICE). An official stated that Santa Clara County now has the most progressive policy in this field, and ” the whole nation will be looking at Santa Clara County as it makes it official: we don’t do ICE’s job.” Civil immigration detainers are requests from ICE to the county to detain jailed individuals after the completion of their sentence from a criminal charge in order for them to get picked up for immigration detention and deportation proceedings.
For immigrant advocates and county officials, the new policy -- which will only honor detainer request if, “there is a written agreement with the federal government by which all costs incurred by the County in complying with the ICE detainer will be reimbursed” -- is a way to exert local control in the face of a controversial federal ICE program called Secure Communities. Having been rolled out in 2008, Secure Communities uses fingerprints gathered at jails to notify ICE agents of immigration status of individuals to then initiate detainer requests.
The program has received pushback from counties and states who say Secure Communities violates targeted individuals' constitutional protections, places financial hardships on cash-strapped counties, and jeopardizes public safety by making immigrant communities fearful of law enforcement. In describing the often contentious relationship with ICE regarding Secure Communities, Supervisor Dave Cortese said, “Frankly, there has been a lack of integrity from ICE on these issues. Today, we are sending a message, one county at a time, you need to fix what’s broken before you ask us to enforce bad laws.”
Attorney Beverly Byrd has exclusively practiced U.S. immigration law at Byrd & Associates for over ten years, helping thousands in the Filipino community.  She obtained a law degree and then graduated with a Master’s in International Law from the prestigious Georgetown University Law Center in Washington, D.C.  Georgetown Alumni include Philippine President Gloria Arroyo and President Bill Clinton.
Attorney Byrd is also active in the immigrant community, and has served on the American Immigration Lawyer’s Association’s Extended Board for the past several years as a liaison to the DHS San Francisco Asylum Office, DHS Customs and Border Protection, DHS Immigration and Customs Enforcement, and currently as the Continuing Legal Education liaison.
Attorney Byrd currently offers for a limited time a $25 consultation on the phone or in the office.  Please contact her to schedule a consultation via e-mail at info@byrdassociates.com, or call toll free 877-987-9906.  You can also see her website at www.byrdassociates.com for more information and to read her immigration blog, see her LinkedIn profile and follow her on Twitter.

San Jose Office  
95 S. Market Street, Suite 300
San Jose, CA 95113 
877-987-9906   

San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
877-987-9906

Visa Bulletin for November of 2011

 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 August 22, 1988.  There is a five 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 five 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 November is February 8, 1997.
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 November is February 15, 2009.
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 November is July 15, 2001.
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 November is June 22, 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 November is August 22, 1988.
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:
870 Market Street, Suite 340
San Francisco, CA  94102
(415) 495-3710
111 W. Saint John Street,
Suite 513
San Jose, CA  95113
(408) 975-0500

Should I pay my second mortgage if my house is underwater?

 By Atty Crispin Lozano

The most common question of homeowners if they have a residence that is underwater is “Should I pay my second mortgage?”  To illustrate, assume that Juan and Maria bought a house in 2006 worth $500,000 with a financing of 80/20 or a first loan of $400,000 and a second loan of $100,000.  The house now has a market value of $300,000.  Under this situation the first loan is collateralized up to $300,000 whereas the second loan has no collateral.  A lender can foreclose in California if the mortgage is not being paid.  In foreclosure actions, lender foreclose only if there if a value in the collateral.  Under this situation the second loan has no collateral because of the reduction in property value.  Only the first loan has collateral.  For practical purposes the second mortgage holder will not foreclose on the house because it will not get any money in doing so.
Question: How can a homeowner totally eliminate the second mortgage?
Answer: Filing Chapter 13 Bankruptcy will allow a homeowner to strip the lien on the second mortgage.  The result of lien stripping is that the second mortgage of $100,000 above will be considered an unsecured loan.  Unsecured loan are like credit cards where no collateral is attached to the loan.  In Chapter 13, the unsecured loan will be paid based on the monthly disposable income of the debtor.  If the disposable income is just sufficient to pay secured creditors, the unsecured creditors will only get a minimal percent of whatever is left in the disposable income.
Question: If I file for Chapter 13, will the lender of the first and second mortgage be able to foreclose?
Answer: Once you are approved on your Chapter 13 plan of payments which include paying the arrears on the first mortgage over three to five years and continuously paying the current monthly payments for the first mortgage, the lender will not foreclose on your house.  The second mortgage lender will not also foreclose because once the lien is stripped, the loan becomes unsecured.  However, you have to complete the plan payments.  Failure to pay plan payments will cause your case to be dismissed.
Note: This is for presentation purposes only and not a legal advice.  
Bankruptcy News
1. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
2. Collection actions continue and you can be sued if you are in debt settlement.
3. Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.
4. Bankruptcy will stop foreclosure actions.  If your trustee sale date is 10 days before, you can still file for bankruptcy.
5. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
6. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
7. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
Immigration News
1. On September 22, 2011, we received an approval from USCIS for adjustment of status using cross chargeability that enabled the beneficiary to use the worldwide priority date (which is faster) instead of the Philippines priority date.
2. On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was denied the adjustment of status from another attorney.
3. On July 28, 2011, we received an approval of adjustment of status for an alien who entered the U. S. without valid documents but qualified under Sec. 245(i).
4. On July 21, 2011 we received an approval for withholding of removal in Immigration court for an old lady who could not come back to her country because of political situation.
5. On June 28, 2011, we received an approval in Immigration Court for an adjustment of status.  The applicant was previously denied on the I-130 petition because they did it without an attorney.  We filed a second I-130 petition that was approved based on good faith marriage.
6. On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
7. On January 25, 2011, we received an approval of a self-petition by a battered spouse.  Her entry with a different name was forgiven.
8. On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
9. 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.
10. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
11. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Crispin Caday Lozano was born in the Philippines and a naturalized U.S. citizen.  He is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys.  He specializes in immigration law and bankruptcy law.  He earned his Juris Doctor at Western State University College of Law in Fullerton, California.  He is also a Certified Public Accountant, a Real Estate Broker and a Bachelor of Business Administration Cum Laude graduate.  He has four offices which are located in Hayward, San Jose, and Cerritos, California.  You can contact him at telephone number 1-877-456-9266.  Email your questions to LozanoLawOffice@crispinlozanolaw.com/; visit our website at www.crispinlozanolaw.com/

Immigrant Visa granted ten years ahead of the beneficiary's priority date -- The spouses Gerald and Sharmilee Abello received their green cards ten years ahead of the beneficiary's priority date with the help of Attorney Crispin C. Lozano.  Gerald was petitioned by his US citizen father on March 20, 2001 as Married son of a U.S. citizen under the third preference F-3.  His wife was born in Fiji Islands Republic.  Under the current visa processing, if Gerald will use the Philippine priority date of March 20, 2001, it will take ten more years of waiting before he will get his green card and also for his wife.  Atty. Crispin C. Lozano argued that Gerald is entitled to use the priority date under the Worldwide Visa Bullentin which currently processes March 2001 because that will allow his wife, who was born in Fiji Islands, to get an immigrant visa and it will prevent the separation of the husband and wife.    The USCIS approved their case based on this legal argument.

Immigration News and Questions

By Atty Beverly Byrd

IMMIGRATION QUESTIONS
Question:  Thank you for your column Attorney Byrd.  My wife and I read it every week.  I would like to know if I can file for naturalization, or U.S. citizenship, if my green card is expired?  Kind regards, Ernesto.
Answer:  Thank you for your question Ernesto.  The answer is no.  USCIS requires that your permanent resident card have at least six months validity left on the card for you to file for naturalization.  You should first file to renew your permanent resident card and obtain a temporary permanent resident stamp in your passport from USCIS
Question:  I am a non-conditional lawful permanent resident and my green card expired last month.  I have filed an I-90 Application to Replace Permanent Resident Card with the United States Citizenship and Immigration Services (USCIS).  I am awaiting the arrival of my new card.  My employer wants to re-verify my employment and will not accept my expired card as evidence that I am a legal permanent resident.  I do not have any other proof of residence.  What can I do?
Answer:  The fact that your permanent resident card is expired does not mean you are no longer a lawful permanent resident.  The card may be expired, but your lawful permanent residence status is not expired.
You can show your employer the I-90 receipt saying that you have filed to replace your card.  You can also make an appointment with the nearest USCIS office and ask them to stamp your passport with temporary evidence of lawful permanent residence, or you can ask the USCIS office to put an extension sticker on your expired permanent resident card, then show the passport or card to your employer.
IMMIGRATION POLICY UPDATE
The American Immigration Lawyer’s Association (AILA) has conducted preliminary research to determine how local ICE offices and Chief Counsel offices have been implementing the new Obama Administration’s enforcement priorities and whether they have been granting requests for prosecutorial discretion.  It appears that many offices are moving forward with business as usual, and are making no attempts to review cases to determine which might be administratively closed.  
In San Francisco, the Chief Counsel’s office (government attorney) has a policy to contest Motions to Continue for those in deportation proceedings in order to await a decision for prosecutorial discretion from the Chief Counsel’s office.  It would be up to the immigration judge to grant or deny the request.  This means that if one plans to ask for prosecutorial discretion and close their case, that it should be done as soon as possible before the next court hearing in order for the government to decide the motion.  Seek a competent immigration attorney to further explain requests for prosecutorial discretion and how you might benefit from such a request.
Attorney Beverly Byrd has exclusively practiced U.S. immigration law at Byrd & Associates for over ten years, helping thousands in the Filipino community.  She obtained a law degree and then graduated with a Master’s in International Law from the prestigious Georgetown University Law Center in Washington, D.C.  Georgetown Alumni include Philippine President Gloria Arroyo and President Bill Clinton.
Attorney Byrd is also active in the immigrant community, and has served on the American Immigration Lawyer’s Association’s Extended Board for the past several years as a liaison to the DHS San Francisco Asylum Office, DHS Customs and Border Protection, DHS Immigration and Customs Enforcement, and currently as the Continuing Legal Education liaison.
Attorney Byrd currently offers for a limited time a $25 consultation on the phone or in the office.  Please contact her to schedule a consultation via e-mail at info@byrdassociates.com, or call toll free 877-987-9906.  You can also see her website at www.byrdassociates.com for more information and to read her immigration blog, see her LinkedIn profile and follow her on Twitter.
San Jose Office   
95 S. Market Street, Suite 300 
San Jose, CA 95113   
(Toll Free) 877-987-9906  
San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
(Toll Free) 877-987-9906