Manila Mail Law and Immigration News

Relief from DEPORTATION: VAWA Cancellation

2011-11-17T12:07:00.001-08:00

By Monica Ganjoo

QUESTION: What is VAWA Cancellation of Removal?
ANSWER: VAWA Cancellation of Removal provides a deportation defense to domestic violence victims who are in removal proceedings in immigration court. These individuals are in front of an immigration judge, and the Government is trying to remove them from the United States. While it is not a new defense, many individuals, including attorneys, do not know much about it.
QUESTION: What eligibility do you have to show in order to apply for VAWA Cancellation in immigration court?
ANSWER: You must show the following six items: 1) Battery or extreme cruelty by a United States citizen or Legal Permanent Resident (green card holder) or battery to your child if that child is also the child of a United States citizen or Legal Permanent Resident; 2) Physical presence in the United States for three or more years before the VAWA application and notice to appear for removal proceedings (if it can be shown that any absence was connected to the violence experienced, this is not a bar to filing for VAWA); 3) Good moral character while in the United States (there are exceptions for acts or convictions that are tied to the violence suffered by the applicant); 4) Not otherwise inadmissible or deportable under the immigration law; 5) No convictions of aggravated felonies; AND 6) Evidence that removal would result in extreme hardship to the applicant, the child of the applicant, or the parent of the applicant.
QUESTION: Who can apply for the VAWA Cancellation?
ANSWER: The following individuals are eligible to apply: 1) Former spouse or child of United States citizen or Legal Permanent Resident, regardless of when death, divorce, or termination of parent-child relationship occurred; 2) Former or current spouse or child of someone who was formerly a United States citizen or Legal Permanent Resident, but has lost that status for any reason; or 3) Individual with child in common with former United States citizen or Lawful Permanent Resident, where the child in common was abused by the United States citizen or Lawful Permanent Resident.
QUESTION: What is the difference between VAWA Cancellation and VAWA I-360?
ANSWER: There are several differences. The main difference is that you can apply for VAWA Cancellation only if you are in removal proceedings (in front of an immigration judge). Unlike the I-360, where the decision is to be decided by the Citizenship and Immigration Services, the VAWA Cancellation is to be decided by the immigration judge. VAWA Cancellation can be applied for people that do not qualify for the I-360. The following individuals can apply for VAWA Cancellation, even though they are not qualified to apply for the VAWA I-360: 1) Abused spouse who was divorced for over two years from the abuser; 2) Abused spouse of Legal Permanent Resident who has died or any abused children of a United States Citizen or Legal Permanent Resident parent who has died; 3) Parent of an abused child who was never married to the child’s abusive United States citizen or Legal Permanent Resident parent; 4) Abused stepchild whose immigrant parent has been divorced from the abusive parent for over two years; 5) Abused spouse or child whose citizen parent gave up citizenship or lost Legal Permanent Resident status for over two years; 6) Victims of incest or child abuse who were abused while they were under 21, but failed to file I-360 and who are now over 21; 7) Victims of child abuse who cannot establish that they have resided with the abuser.
QUESTION: What do I have to provide to the immigration court?
ANSWER: You must show that you had a relationship with the abuser by providing evidence such as marriage and/or birth certificates, depending on the relationship you had with the abuser. You must provide evidence to prove that you were continuously present in the United States for a period of three years prior to filing your applicant. You must prove that during your stay in the United States, you were subject to extreme cruelty or abuse by the United States citizen or Legal Permanent Resident. You must prove that you are a person of good moral character and that you or your abused child or your parent will suffer from extreme hardship if you are deported from the United States.
QUESTION: What is the most difficult part of the VAWA Cancellation?
ANSWER: The most difficult evidence to show in court is that extreme hardship will exist if the applicant is forced to be removed from the United States. The following items can be shown as evidence: 1) The need for access to the United States court system, such as criminal justice system and family courts in order to support child support, maintenance, and custody agreements; 2) The need for medical services not readily available in the country that applicant is to be deported to; 3) The laws or customs in the country that the applicant is to be deported to that would penalize the applicant or his/her children for being domestic violence victims; 4) The abuser’s ability to follow the applicant to the country that he/she is to be deported to; 5) The chance that the abusers family or friends could victimize the applicant or his/her children in the country that the applicant is to be deported to.
QUESTION: What do you do if you are not in removal proceedings (in front of an immigration judge) but you want to apply for VAWA Cancellation?
ANSWER: You can turn yourself in to the United States Immigration and Customs Enforcement (ICE) and request to be placed in deportation/removal proceedings. Do NOT take this step without consulting with an immigration attorney. Once you are placed in deportation/removal proceedings, you will then be required to appear in court. At this point, you can apply for the VAWA Cancellation, along with supporting evidence, in order to prove your case. You will then have a hearing. The immigration judge with then decide whether or not to grant you this relief. If granted, you will obtain your Legal Permanent Resident (green card) status. If denied, and you do not have other avenues to becoming legal, then you will receive a removal order.
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco or San Jose for only $25 (phone consultations also available for $50). 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:

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

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

Did you obtained an immigrant visa as single but actually married?

2011-11-17T12:06:00.003-08:00

By Crispin Lozano

If you obtained an immigrant visa as single son or daughter of a Lawful Permanent Resident or a U. S. citizen but you are actually married at the time of your entry to the U. S., you committed a misrepresentation of material fact in obtaining a visa because you did not disclose your marital status at the time of the interview and/or at the time you entered the United States. Even if you are actually single at the time of the interview but you get married the day before entering the U. S. you still committed a misrepresentation. Although you have a document which is your green card, your actual status is that of a person not in possession of a valid visa. An alien not in possession of a valid visa is inadmissible and deportable. If you applied for naturalization the USCIS will likely find it out. Your naturalization application will be denied and you will be sent to an Immigration Judge for removal proceedings.
Question: Mario was petitioned by Jose, his father who is a Lawful Permanent Resident in 1985. His father became a U.S. citizen in 1993. Mario got married to Linda in 1988. Mario and Linda have a child born in 1989 named Cindy. In 1991, Mario was interviewed at the U. S. Embassy, Manila for an immigrant visa. He declared that he was single and has no child. Based on this declaration he was given a visa and entered the U. S. in 1992. Mario married Linda again in 1993 and filed an immigrant visa petition for his wife and daughter. The petition was denied because the USCIS discovered his prior marriage to Linda in 1988 and he committed a misrepresentation of material fact by not disclosing his marriage to Linda in 1988 and the existence of his daughter. Mario received a Notice to Appear to the Immigration Court. What is Mario’s immigration status?
Answer: Mario committed a fraud or misrepresentation of material fact in obtaining a visa at the U.S. Embassy. By entering the U.S. without disclosing his marriage and children is again a misrepresentation to the U.S. Immigration Officer. These two acts of misrepresentation made Mario inadmissible and deportable.
Question: What is the relief available to Mario?
Answer: Mario may request the immigration court for a waiver of the misrepresentation. To avail of this waiver Mario must have a parent or son or daughter who is Lawful Permanent Resident or U.S. citizen.
Note: This is not a legal advice.
Immigration News
1. On November 7, 2011, we received an approval from the Immigration Court for waiver of misrepresentation for a person who entered the U.S. as single but actually married. The person can now apply with naturalization.

Immigration Questions and Answers

2011-11-17T12:06:00.001-08:00

By Beverly Byrd

Question: Hello Attorney Byrd. My husband wants to apply for naturalization, but he is on probation for a disturbing the peace conviction he received because of an argument with a neighbor. Can he still apply for naturalization, or will this cause him problems? Thank you Attorney. God bless. Ma. Teracita.
Answer: Hello Teracita. Thank you for your question. USCIS is prohibited from naturalizing an applicant who is on probation. However, the application could be filed while an applicant is on probation, and potentially approved if the applicant is no longer on probation when the decision is made. As it takes approximately 3 to 4 months to currently have a naturalization interview scheduled, your husband would have some limited time for his probation to end, or to make a motion to the criminal court to have his probation terminated early. He should speak with his criminal defense attorney regarding early termination. He should also speak with a competent immigration attorney to assess his naturalization case and ensure that his conviction, and any other convictions that may exist, will not cause problems for his naturalization case. Good luck.
To ask Attorney Byrd an immigration question and have your answer appear in the weekly column, please e-mail Attorney Byrd at bab@byrdassociates.com. Though we usually receive a large number of inquiries, we will make every effort to reply to all questions.
Immigration News and Updates
H-1B Numbers Almost Exhausted
The maximum number of cap subject H-1B visa is almost reached. If you are planning to file for an H-1B visa, you should do so immediately to prevent losing your opportunity. Contact a competent immigration attorney to help you and your employer file.
Car Impoundments for
Persons Here Illegally
Governor Jerry Brown signed a new law that prevents unnecessary car impoundments that severely harm immigrant families in California. It allows drivers pulled over for non-DUI offenses to obtain a licensed driver to remove the car before the checkpoint ends and thus avoid impoundments, which are typically for 30 days and result in the forfeiture of the car since towing and impoundment fees commonly exceed the value of the vehicle.
Misdemeanors Now Not as Serious in Two Local Counties
Sacramento and Santa Clara County District Attorneys have developed policies to infract misdemeanor convictions (making them infractions rather then misdemeanors, thus less serious) to prevent undocumented immigrants from entering the criminal justice system. Examples: driving without a license and driving with a suspended license. The DA in Santa Clara County is considering infracting petty thefts.
Attorney Beverly Byrd received a Master’s in International Law from the prestigious Georgetown University law Center in Washington, D.C. Philippines President Arroyo and U.S. President Bill Clinton are alumni of Georgetown. Attorney Byrd has practiced only immigration law for over 10 years. She has helped thousands of Filipinos in the Bay Area with their immigration issues.
Currently, Byrd & Associates offers a consultation with Attorney Byrd for $25. Please feel free to contact Attorney Byrd via e-mail at bab@byrdassociates.com, or via telephone at either of her Bay Area two offices found below. You can also visit our website to read our immigration Blog, follow us on Facebook and Twitter and see our LinkedIn profile.
San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
Toll Free 800-794-4546
San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
Toll Free 800-794-4546

Immigration Question of the Week

2011-11-09T10:33:00.000-08:00

By Atty Beverly Byrd

Question: Hello Attorney Byrd. I hope you could answer my question. I’m always informed by your column. I’ve been in the U.S. since my parents brought me here in 2006, and have no legal status. A few years ago, I was attacked by several young men that I didn’t know after leaving a gym in San Jose. I was stabbed in the stomach, and left on the sidewalk. My attackers were ultimately caught by the police and prosecuted. My cousin told me that I might qualify for a U visa. Is this true? Thank you Attorney Byrd. Ted.

Answer: Hello Ted. First, I’m sorry to hear about the terrible events that happened to you, and I am hope that you have no ill effects from the attack. You may be able to qualify for a U visa, as it seems likely that your attack was a felonious assault. First, please see the information below, and if you think that you may qualify, then second, see a competent immigration attorney.

Immigration Topic of the Week: U Visas
Are you or have you been the victim of a crime? You might qualify for a U Visa.

The purpose of a U Visa is to give victims of certain crimes temporary legal status and work eligibility in the United States for up to 4 years. The U visa is a nonimmigrant visa, and only 10,000 U visas may be issued every fiscal year. Family members may also be included on the petition including spouses, children, unmarried sisters and brothers under 18, mothers, fathers, as well as stepparents and adoptive parents. An approved U visa petition will automatically grant the applicant work eligibility in the United States.

An applicant for a U visa must have suffered substantial physical or mental abuse due to a criminal activity in a t least one of the following categories: rape, torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, hostage situations, peonage, false imprisonment, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.

All petitions must include information on how the victim can or did assist government officials in learning more about the crime including investigation and/or prosecution of the individual(s) that committed the crime. The victim must also be willing to, or did work with local law enforcement. The crime must have occurred in the United States or in a U.S. territory, or violated U.S. law.

A portion of U visa application must be certified by a Federal, State or local law enforcement agency, such as a prosecutor or a Federal or State judge in charge of the investigation in which the petitioner is the victim. Without this certification, the U visa petition cannot be submitted. However, a certification alone is not enough to establish eligibility as all facts around the petition will be considered. The certifying individual must be the head of the agency or a person designated to issue U nonimmigrant certifications. If at any point the victim stops to cooperate with law enforcement, the certification can be withdrawn.

Immigration News and Updates
New USCIS Medical Form
For those filing a green card application, you should be aware that USCIS has a new medical form, Form I-693 as of November 1, 2011. To ensure no delays in your green card case, ensure that your Civil Surgeon, or USCIS approved physician, uses the new form. Civil surgeons completing medical examinations between Nov. 1 and Dec. 31, 2011, should use the new form dated 10/11/11. However, USCIS will continue to accept the previous version, dated 7/20/10, for examinations completed between Nov. 1 and Dec. 31, 2011. Beginning Jan. 1, 2012, civil surgeons must use the new version of the form. If a medical examination completed on or after Jan. 1, 2012, is reported using an outdated form, USCIS will reject the form, requiring the applicant to return to the civil surgeon and resubmit the new form.

Update on the New ICE Policy on Prosecutorial Discretion
The Chief Counsel’s office that handles cases in the San Francisco immigration court appears to be approving requests to administratively close deportation cases for young persons who were brought to the U.S. with their parents while still minors, are in the U.S. without legal status and who are currently attending college. If this applies to you or your family member, seek the advice of a competent immigration attorney to determine whether it is appropriate to try to close your deportation case.

Attorney Beverly Byrd received a Master’s in International Law from the prestigious Georgetown University law Center in Washington, D.C. Philippines President Arroyo and U.S. President Bill Clinton are alumni of Georgetown. Attorney Byrd has practiced only immigration law for over 10 years. She has helped thousands of Filipinos in the Bay Area with their immigration issues.

Currently, Byrd & Associates offers a consultation with Attorney Byrd for $25. Please feel free to contact Attorney Byrd via e-mail at bab@byrdassociates.com, or via telephone at either of her Bay Area two offices found below. You can also visit our website to read our immigration Blog, follow us on Twitter and Facebook and see our LinkedIn profile.

San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
Toll Free 800-794-4546

San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
Toll Free 800-794-4546

Visa Bulletin for November of 2011

2011-10-27T11:42:00.002-07:00

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?

2011-10-27T11:42:00.000-07:00

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

2011-10-27T11:40:00.000-07:00

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

2011-10-11T13:44:00.000-07:00

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?

2011-10-11T13:42:00.000-07:00

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

2011-10-11T13:41:00.001-07:00

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

Visa Bulletin for October of 2011

2011-09-27T10:47:00.001-07:00

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 1, 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 October is January 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 October is January 8, 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 October is May 1, 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 October is June 8, 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 October is August 1, 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

Stock market crashed again. Are you ready for the next recession?

2011-09-27T10:46:00.000-07:00

By Crispin Lozano

The stock market crashed again last week to a low level since 2008. According to many economists, the next recession or great depression will be very painful and worldwide. Consider the following events:
1. The U.S. national debt of $14 Trillion is equal to 100% of our gross domestic product. The U. S. economy will only grow 2% this year with unemployment rate of 9.1%. U. S. was downgraded to AA+ by Standard and Poor and the stock market crashed thereafter. The last great depression started with the stock market crash followed by high unemployment. Many banks are in distressed and home values continue to decline. Layoffs in the government and private sector are continuing.
2. The European nation is in the brink of economic decline as a result of the debt crisis in Greece, Portugal, Ireland, Spain and Italy. Since the Euro zone is the major trading partner of the U.S., exports will decrease that will result in layoffs in the U. S.
Question: What are the ways to prepare for the next recession?
Answer: Some suggestions from money experts are as follows:
1. Eliminate or reduce debt. Short term interest rate on credit cards run as high as 20 to 30%. By eliminating debt your chance of surviving the recession will increase.
2. Build up on cash. Whatever happens in the economy, cash is the best means of surviving the recession. Increase savings by 10 to 15% of your income.
3. Stay liquid. Allocate your assets into more liquid investments such as savings account, CDs and money market funds.
4. Avoid risky investments such as stocks and bonds. Postpone any investment in stocks until the market bottom is reached. Stocks are predicted to go down by about 30% because of the debt crisis.
5. Postpone buying a new car or house. This will drain the cash you will need in case of emergency.
6. Have a contingency plan. This should include a plan to reduce your expenses and increase your income. Eliminate all unnecessary expenses and improve your skill through education and training to improve your ability to generate income.
7. Postpone retirement if you can so that you can increase your retirement fund.
Question: What is the most common way to eliminate debt to survive recession or the great depression?
Answer: If you are saddled with huge amount of debt with high interest rate, filing bankruptcy is the most common way of eliminating debt to survive recession.
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 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. www.crispinlozanolaw.com/

Immigration News and Questions

2011-09-27T10:45:00.001-07:00

By Atty Byrd

IMMIGRATION QUESTIONS

Question: Hi Attorney Byrd. I have a question that I hope you can answer in your column. I always read your column, and am happy for the advice that you give. My sister-in-law sponsored my husband’s brother for an immigrant visa many years ago, and now the National Visa Center has requested an Affidavit of Support. My sister-in-law and her husband do not make enough money as her husband is currently unemployed and she works only part-time. She has asked me to be a joint sponsor. If I do it, what is my obligation? I want to help, but am concerned about my long-term obligations. Thank you Attorney Byrd. Noemi

Answer: Thank you for your question Noemi. Your concern is legitimate. If some one files an Affidavit of Support as a joint sponsor that joint sponsor is jointly obligated to repay the federal government, if asked, any federal means-tested benefit. A federal means-tested benefit is something similar to food stamps or welfare.
That obligation lasts until either the person who received the green card passes away, leaves the country permanently, can be credited with 20 qualifying quarters of social security or naturalizes. Most obligations end when the green card holder naturalizes.

Question: Hi Attorney Byrd. My brother was just taken into custody by ICE in Las Vegas last week. He had a domestic violence charge in 2006. He’s very anxious to get out of immigration jail, but I called the immigration court in Las Vegas, and the court doesn’t have a case for him yet. Is there anything that we can do to get him out sooner rather than later? My whole family is so upset, including my elderly and ill mother. Thank you Attorney Byrd. God Bless, Maria.

Answer: Hello Maria. I’m sorry to hear of the difficulties in your family. In regards to your brother’s custody, your immigration attorney can file a Motion to Set a Bond Hearing with the Las Vegas immigration court, even before the case is filed with the court. The immigration court clerk will call ICE in Las Vegas and confirm that your brother is in custody. The Court is a bit backlogged at present because they are short a judge, and it may be a few weeks before a hearing can be scheduled. You should obtain a competent immigration attorney to help your brother with the bond hearing and his deportation defense. He will need to show that he will appear for his future scheduled deportation hearings, and that he is not a danger to the community. Good luck to your brother.

IMMIGRATION LAW AND ADVOCACY UPDATE
Tell Governor Brown to Sign AB 131: California Dream Act that would help students in the Filipino Community

In July, Governor Brown approved AB 130, the first part of the California Dream Act, allowing AB 540 students to access private financial aid. AB 131 is far more significant for the 25,000 AB 540-eligible students who graduate from high school each year. These students would be eligible for (1) Board of Governors (BOG) fee waivers, (2) institutional student aid like a State University Grant or a UC Grant, and (3) Cal Grants, but Competitive Cal Grants would only be available if funding remains after all California resident students have received their awards.
AB 131 passed both state houses and on September 13 was presented to the Governor. Call Governor Brown at 916-445-2841 and tell him to sign AB 131. You do not need to speak to anyone, as the call is automated:

1. Select desired language English, press 1 and Spanish press 2)
2. Press 2 for casting a vote on legislation
3. Press 1 for voting on The CA Dream Act, AB 131
4. Lastly, press 1 to vote “IN SUPPORT” of AB 131
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 877-987-9600. 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) 877-987-9600

San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
(Toll Free) 877-987-9600

Visa Bulletin for October of 2011

2011-09-14T12:37:00.001-07:00

By Monica Ganjoo

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 October is January 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 October is January 8, 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 October is May 1, 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 October is June 8, 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 October is August 1, 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: 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).

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

Are real property taxes discharged in bankruptcy?

2011-09-14T12:36:00.001-07:00

By Crispin Lozano

Question: Can I discharge the real estate taxes due on my house if I file bankruptcy?
Answer: Real estate taxes are considered secured debts because it includes personal liability and lien on the property subject to the tax. In bankruptcy, only the personal liability is discharged. The lien on the property is still attached until it is paid. If you intend to keep the property, then you must pay the real estate tax. If you intend the property to be foreclosed by the bank, the bank or the new owner will have to pay the real estate tax.

Question: In what situation may a real estate tax be discharged?
Answer: You can only discharge your personal liability on real estate tax if the tax is due more than one year by the time you file bankruptcy. Although your personal liability is discharged, since real estate taxes are secured debts, the lien on the property is still attached and cannot be discharged in bankruptcy. If you intend to keep your house you will have to settle it before you can sell or transfer the property with clean title.

Question: What will happen if I was discharged in bankruptcy and I did not pay the real estate tax?
Answer: The government can foreclose your house without court permission to settle the unpaid taxes. Therefore it is important to settle the real estate taxes due if you want to keep your house.

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 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.
2. 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).
3. 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.
4. 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.
5. 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.
6. On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.
7. 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.
8. 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.
9. 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.
10. 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.

Immigration News and Questions

2011-09-14T12:35:00.000-07:00

By Beverly Byrd

Labor Certification—Just Because You Can, Doesn’t Always Mean You Should

Question: Hello Attorney Byrd. Thank you for your weekly column, and your advice to our community. I want to know whether I should file for a labor certification. My aunt is willing to sponsor me as a caregiver in her care home. I last came to the U.S. in 2006 as a visitor, and have been out of status since 2007. My aunt consulted with a known law firm, and they want to charge us about $15,000 for the total process. I thought I read something in your column last year about being careful of the labor certification process. Should I file? Thank you for your help Attorney. Guido.

Answer: Thank you for your question Guido. A labor certification is a prerequisite to receiving a green card through employment. It does not give a person a legal right to work, or a legal immigration status. An immigrant petition for a worker is also a prerequisite for a green card through employment, and it also does not give a legal right to work or legal status. After these two are approved, then a person may be able to file for a green card.

Whether that person can file for a green card in the U.S. generally depends on whether that person has a legal immigration status at the time of filing. If that person is not in status at the time of filing, then the green card application would be denied. The only time that a person should file for a green card through employment when that person is in the U.S. with no status is when that person is covered under 245(i). This means that that person is the direct or indirect beneficiary of an I-130, I-140 or labor certification filed before April 30, 2001. If a person is not 245(i) qualified, then that person can not receive a green card in the U.S.

To answer your question Guido, if you last arrived as a visitor to the U.S. in 2006, that status ended in 2007, and you do not qualify under 245(i), then you should not apply for a labor certification, petition or green card. As well, if you are sponsored as a care giver, you may not have a labor certification approved as the employer should stop the process when they find an able, willing and qualified U.S. citizen or permanent resident worker who can do the job. Even if you did have an approved labor certification, and have 245(i) eligibility, it would be many years before your priority date would be current and you could actually file for a green card.

There are many unethical attorneys out there, who may state that they can file a labor certification for you, and some could even be approved. What they don’t tell you, unethically so, is that the approved labor certification and petition will NEVER help you obtain a green card if you have no 245(i) eligibility. Moreover, Guido, $15,000 for a labor certification and petition is very over priced. I highly suggest that you speak to another competent and reputable immigration attorney who can advise you on your specific circumstances. Take care.

IMMIGRATION NEWS

Good News—Children of K-1 Fiancée Now Protected From Aging Out After They Enter the U.S.!
In its June decision in Matter of Le, the Board of Immigration Appeals resolved the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. under the age of 21, is eligible for adjustment of status even after turning 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States. Previously, the Department of Homeland Security denied many adjustment of status applications, or green card applications for children who entered as a K-2, arguing that the K-2 child was ineligible for a green card because they had turned 21 after entering the U.S, but before the green card application was decided. Now, as long as a K-2 child is under 21 and enters the U.S., they can still obtain a green card as a K-2 even if they later turn 21 before the green card application is decided.

Beware—If ICE Takes You Into Custody, They Don’t Have to Tell You Your Rights!

The Board of Immigration Appeals recently held that noncitizens arrested without a warrant need not be advised of their rights under immigration regulation 8 C.F.R. 287.3(c)—including their right to an attorney and notification that any statements made can be used against them—until after a Notice to Appear has been filed with an Immigration Court. A Notice to Appear is the document that formally places a person in deportation or removal proceedings. Be aware that if you are taken into ICE custody and questioned, what you say can be used against you later. Ask for immigration counsel before answering any questions.
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 877-987-9600. 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
877-987-9600

San Francisco Office
One Embarcadero Center, Suite 500
San Francisco, CA 94111
877-987-9600

Relief from DEPORTATION: VAWA Cancellation

2011-06-08T10:42:00.000-07:00

By Monica Ganjoo

QUESTION: What is VAWA Cancellation of Removal?

ANSWER: VAWA Cancellation of Removal provides a deportation defense to domestic violence victims who are in removal proceedings in immigration court. These individuals are in front of an immigration judge, and the Government is trying to remove them from the United States. While it is not a new defense, many individuals, including attorneys, do not know much about it.

QUESTION: What eligibility do you have to show in order to apply for VAWA Cancellation in immigration court?

ANSWER: You must show the following six items: 1) Battery or extreme cruelty by a United States citizen or Legal Permanent Resident (green card holder) or battery to your child if that child is also the child of a United States citizen or Legal Permanent Resident; 2) Physical presence in the United States for three or more years before the VAWA application and notice to appear for removal proceedings (if it can be shown that any absence was connected to the violence experienced, this is not a bar to filing for VAWA); 3) Good moral character while in the United States (there are exceptions for acts or convictions that are tied to the violence suffered by the applicant); 4) Not otherwise inadmissible or deportable under the immigration law; 5) No convictions of aggravated felonies; AND 6) Evidence that removal would result in extreme hardship to the applicant, the child of the applicant, or the parent of the applicant.

QUESTION: Who can apply for the VAWA Cancellation?

ANSWER: The following individuals are eligible to apply: 1) Former spouse or child of United States citizen or Legal Permanent Resident, regardless of when death, divorce, or termination of parent-child relationship occurred; 2) Former or current spouse or child of someone who was formerly a United States citizen or Legal Permanent Resident, but has lost that status for any reason; or 3) Individual with child in common with former United States citizen or Lawful Permanent Resident, where the child in common was abused by the United States citizen or Lawful Permanent Resident.

QUESTION: What is the difference between VAWA Cancellation and VAWA I-360?

ANSWER: There are several differences. The main difference is that you can apply for VAWA Cancellation only if you are in removal proceedings (in front of an immigration judge). Unlike the I-360, where the decision is to be decided by the Citizenship and Immigration Services, the VAWA Cancellation is to be decided by the immigration judge. VAWA Cancellation can be applied for people that do not qualify for the I-360. The following individuals can apply for VAWA Cancellation, even though they are not qualified to apply for the VAWA I-360: 1) Abused spouse who was divorced for over two years from the abuser; 2) Abused spouse of Legal Permanent Resident who has died or any abused children of a United States Citizen or Legal Permanent Resident parent who has died; 3) Parent of an abused child who was never married to the child’s abusive United States citizen or Legal Permanent Resident parent; 4) Abused stepchild whose immigrant parent has been divorced from the abusive parent for over two years; 5) Abused spouse or child whose citizen parent gave up citizenship or lost Legal Permanent Resident status for over two years; 6) Victims of incest or child abuse who were abused while they were under 21, but failed to file I-360 and who are now over 21; 7) Victims of child abuse who cannot establish that they have resided with the abuser.

QUESTION: What do I have to provide to the immigration court?

ANSWER: You must show that you had a relationship with the abuser by providing evidence such as marriage and/or birth certificates, depending on the relationship you had with the abuser. You must provide evidence to prove that you were continuously present in the United States for a period of three years prior to filing your applicant. You must prove that during your stay in the United States, you were subject to extreme cruelty or abuse by the United States citizen or Legal Permanent Resident. You must prove that you are a person of good moral character and that you or your abused child or your parent will suffer from extreme hardship if you are deported from the United States.

QUESTION: What is the most difficult part of the VAWA Cancellation?

ANSWER: The most difficult evidence to show in court is that extreme hardship will exist if the applicant is forced to be removed from the United States. The following items can be shown as evidence: 1) The need for access to the United States court system, such as criminal justice system and family courts in order to support child support, maintenance, and custody agreements; 2) The need for medical services not readily available in the country that applicant is to be deported to; 3) The laws or customs in the country that the applicant is to be deported to that would penalize the applicant or his/her children for being domestic violence victims; 4) The abuser’s ability to follow the applicant to the country that he/she is to be deported to; 5) The chance that the abusers family or friends could victimize the applicant or his/her children in the country that the applicant is to be deported to.

QUESTION: What do you do if you are not in removal proceedings (in front of an immigration judge) but you want to apply for VAWA Cancellation?

ANSWER: You can turn yourself in to the United States Immigration and Customs Enforcement (ICE) and request to be placed in deportation/removal proceedings. Do NOT take this step without consulting with an immigration attorney. Once you are placed in deportation/removal proceedings, you will then be required to appear in court. At this point, you can apply for the VAWA Cancellation, along with supporting evidence, in order to prove your case. You will then have a hearing. The immigration judge with then decide whether or not to grant you this relief. If granted, you will obtain your Legal Permanent Resident (green card) status. If denied, and you do not have other avenues to becoming legal, then you will receive a removal order.
For more information, call Attorney Monica Ganjoo for a consultation.

Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco or San Jose for only $25 (phone consultations also available for $50). 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:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
111 W. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

May Illegal Aliens file bankruptcy?

2011-06-08T10:41:00.000-07:00

By Crispin Lozano

Question: Is there a requirement to file for bankruptcy that you must be a legal alien or citizen?

Answer: There is no requirement in the Bankruptcy Code that requires legal status in the United States to file for bankruptcy. A debtor could be any person in the United States who has a Social Security Number or Taxpayer Identification Number (TIN) with valid Identification Document and a valid address.

Question: Does the creditors knew that some debtors filing bankruptcy are illegal aliens?

Answer: The banks have issued bank accounts to people who do not have a valid social security number but have Taxpayer Identification Number. They must have known that persons who do not have social security number and working based on Taxpayer Identification Number must have lacked legal papers to stay in the United States.

Question: What precautions must illegal aliens do before filing bankruptcy?

Answer: Before you file for bankruptcy you must consult with an immigration lawyer about your own personal situation. Be aware that the office of the Trustee and the Bankruptcy Court are very close to the office of Department of Homeland Security which monitors illegal aliens. If you file for bankruptcy, the Federal government which will include the DHS will have an access to your personal records such as whether you are filing your tax returns, whether you are not paying child support or you have committed certain crimes or infractions. Failure to file tax returns or failure to pay child support will affect your immigration application for benefits.

The immigration law requires that all applicants for permanent resident and citizenship have good moral character. Good moral character requires not having been involved in any crime especially crimes involving moral turpitude or fraud. Examples of crimes of fraud are:

Lying on your credit applications;
Using other persons social security number;
Using a fake social security number;
Fraud in dealing with creditors.

If the bankruptcy court found out that you have committed any one of the above infractions or crimes, you could be sent to prison and your immigration status will be in jeopardy.

Note: This is not a legal advice and you should consult with an immigration attorney about your case.

Immigration News

The U.S. Supreme Court upheld the Arizona Immigration Law requiring mandatory use of E-verify (internet based system) by checking legal work authorization of all employees and using sanctions for employers who intentionally hire illegal aliens by suspending or revoking their state license.

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.
On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.

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.

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.

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.
Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.

Bankruptcy News
Collection actions continue and you can be sued if you are in debt settlement.

Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.

Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.

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.

Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.

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.

Weekly Answers to Readers Immigration Questions

2011-06-08T10:39:00.000-07:00

By Beverly Byrd

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. However, I need to travel for work. What can I do? Thanks very much. Nelly J.

Answer: Hello Nelly. Thank you for your question. If you have filed for an application to replace or renew your green card, you can take the USCIS receipt notice to a USCIS local office and request a temporary green card stamp in your passport. When you travel and reenter the United States, the temporary green card stamp in your passport will function as a green card. You should have no issues. You will need to schedule an Infopass appointment in order to go to your local USCIS office to obtain the stamp. You can schedule this appointment by going to uscis.gov and following the link for Infopass Appointment.

Question: Hello Attorney Byrd. I need your help. My son is in F-1 or student status at San Jose State University, and was taken into criminal custody for DUI and hit and run charges last week. Now ICE has placed a hold on him. The criminal court judge set his bail at $25,000. What should we do? If we pay the bail, will my son be able to bail out of jail? Thank you for your advice A. Cesar

Answer: Hello Cesar. Thank you for your question. Recently, I have had a client with just such a situation. After speaking with an Immigration and Customs Enforcement supervisor in the local San Jose USCIS office last week, I was told that when the client posted bail, that the jail would then release the client into ICE custody. ICE Officers would pick up the client usually within a day and take him to the local San Jose ICE office.

Once the client was in ICE custody, then the case would be evaluated and a decision would be made about the client’s custody situation. In my client’s case, as it seems in your son’s case Cesar, if the client was maintaining his F-1 non-immigrant status and he had no criminal convictions at the time of the custody determination, then ICE would completely release him from their custody. However, do note that if the client, and your son, ultimately received criminal convictions that made him deportable, then ICE would take him into custody again. In this case, it makes sense to pay the bail as it appears that it would effectuate his release from jail, and ultimately from ICE custody. The ICE Supervisor did point out that many criminal defense attorneys do not understand ICE policies, and think that even if bail is paid before the conclusion of the criminal court case, that their clients would not be taken into ICE custody, and thus have no possibility to be out of ICE custody as well.

Do note however, that if a person in criminal custody with an ICE hold has prior criminal convictions that make them deportable, OR if a person is not in a legal status, then ICE would NOT release that person from ICE custody, and any criminal bail that had been paid would be lost. Family members of persons in criminal custody with an ICE hold should consult with a competent immigration and criminal defense attorney before making bail decisions.

Question: Hello Attorney Beverly. Is there any possibility to ask waiver for overstaying here in USA to get green cards. Marissa.

Answer: Thank you for your question. We see a great many clients who have overstayed their I-94 validity. In some instances, persons who have remained beyond their I-94 validity may be eligible to file for green cards.

For instance, if a person last entered the United States legally, with a visitor visa for example, and that person later marries a U.S. citizen, that person is eligible to file for a green card. The law states that they need only prove that they last entered the United States legally through an immigration inspection. They do not need a waiver because they overstayed their I-94, even if they overstayed many years. They also do not need to pay any penalty fee, only normal filing fees.

In addition to preferential treatment for spouses of U.S. citizens, there is also preferential treatment for unmarried children under 21 and parents of U.S. citizens. They also need only show that they last entered the country legally to be eligible to file for adjustment of status, or a green card. The fact that they overstayed their I-94 any length of time does not preclude them filing for a green card.

However, other persons who are NOT immediate relatives of a U.S. citizen (spouses, unmarried children under 21 and parents) who entered the United States legally the last time they entered and overstayed their I-94 generally ARE NOT eligible to file for a green card here in the U.S. For example, the Reader’s friend and his family who last entered the United States as a visitor and have overstayed their I-94 for 8 years will not be able to file for a green card. As they are not immediate relatives of a U.S. citizen (spouse, unmarried children under 21 and parents), they must remain in a valid immigration status in order to receive a green card, and their valid status ended about 7 ½ years ago. The fact that both an employer and the friend’s mother filed petitions for the friend in 2003 and 2004 will not allow the family to obtain green cards in the U.S.

There is a narrow exception to this rule that a non-immediate relative of a U.S. citizen who has overstayed or even an immediate relative of a U.S. citizen who last entered the country illegally must be in valid immigration status to be eligible to file for a green card. Section 245(i) of the immigration law states that a non-immediate relative who has fallen out of status or an immediate relative who entered illegally in the first place and now has a way to immigrate, can remain in the United States and file for a green card if 1) that person is the beneficiary of a family petition filed before April 30, 2001; 2) that person is the beneficiary of an employment petition filed before April 30, 2001; or 3) that person is the beneficiary of a labor certification filed before April 30, 2001. This beneficiary has to pay a $1,000 penalty fee in addition to the normal filing fees. As well, if the petition or labor certification was filed after 1998, physical presence on December 20, 2000 must be shown.

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. Attorney Byrd currently offers for a limited time a $20 consultation and family based green card services in the U.S. for only $1,200 to Manila Mail readers. Please contact her to schedule a consultation via e-mail at info@byrdassociates.com, or at either of her two Bay Area offices found below. You can also see her website at www.byrdassociates.com for more information.

San Jose Office
(408) 995-3268
95 S. Market Street, Suite 300
San Jose, CA 95113

San Francisco Office
(408) 995-3268 (Main Scheduling Number)
One Embarcadero Center, Suite 500
San Francisco, CA 94111

H-2B

2011-06-01T10:17:00.000-07:00

By Atty Monica Ganjoo

Question: What is the H-2B visa category?
Answer: The H-2B visa category is used by United States companies that wish to temporarily employ skilled and unskilled foreign workers in nonagricultural positions. The employer has to have a temporary need and it must show that United States workers are not available.

Question: How long is an H-2B visa valid for?
Answer: The initial period of stay granted by the Department of Homeland Security (previously known as the Immigration and Naturalization Service) is governed by the period of time that the employer needs the services. This period cannot extend beyond an initial period of one year. However, extensions of stay in increments of one year are possible, but the foreign worker cannot be continuously employed in the United States for more than three years.

Question: What is the first step in obtaining an H-2B visa for someone?
Answer: The very first step is to obtain a labor certification application. This must be obtained by the employer. The request is made to the Department of Labor. You file this request with the state employment service office with jurisdiction over the location of the proposed employment. This labor certification application can cover one foreign worker, or it can cover a number of foreign workers filling the same position who will be working at the same location.

Question: What is the second step in obtaining an H-2B visa for someone?
Answer: The second step comes after the labor certification application has been approved by the Department of Labor. This approval must be filed with the application that is to be sent to the Department of Homeland Security.

Question: What is the third and final step in obtaining an H-2B visa for someone?
Answer: Once the Department of Homeland Security approves the H-2B visa petition, the foreign worker(s) must take the approval notice to a United States Embassy/Consulate in order to apply for the H-2B visa in person. The foreign worker will need to apply for this visa in order to be granted admission to the United States.

Question: If an employer files for several foreign workers using the same approved labor certification application, do all the foreign workers have to go to the same United States Embassy/Consulate abroad to obtain their visas?
Answer: No, they do not. They may go to different embassies abroad.

Question: Can family members of the H-2B visa holder accompany him/her to the United States?
Answer: Yes, spouses and unmarried children under the age of 21 may accompany the H-2B visa holder. They will need to apply for an H-4 visa at the United States Embassy/Consulate. The family members are not allowed to work; however, they are allowed to engage in studies in the United States.

Question: How does the employer file for an extension of the foreign worker’s stay in H-2B category?
Answer: Any extensions must be made at the employer’s request. The employer needs to demonstrate that the initial authorization period is not enough for completion of the duties that is to be performed and must prove that the unavailability of qualified United States workers exists. The employer shows this by obtaining a new labor certification application from the Department of Labor.

Question: What are some examples of H-2B jobs?
Answer: Some examples are: (1) a family wanting to hire a child care attendant in order to supervise their infant child while both of the parents work and the help will be temporary; (2) an employee is going to go on maternity leave for six months and a temporary replacement is needed; (3) a ski resort needs temporary servers and chefs for busy ski season.
For more information, call Attorney Monica Ganjoo for a consultation.

Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose for only $25. 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:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710
111 W. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

What properties are protected under Chapter 7 bankruptcy?

2011-06-01T10:14:00.000-07:00

By Atty Crispin Lozano

Most properties of the debtor are protected in Chapter 7 bankruptcy. Properties include homestead in the residence, 401 (k) or other pension plans, cars, bank accounts, and other personal properties. The protection is availed of by using exemptions under the California code of Civil Procedure Sec. 704 and Sec. 703. California does not use the Federal bankruptcy exemptions.If you are a residence of California you can only choose Sec. 703 or Sec. 704 exemptions. Sec. 704 is used to protect your homestead or the equity in your house. Sec. 703 is used if you have no equity in your house but you have many personal properties such as bank accounts, high value cars that can be exempted up to a maximum of $21,825. If you are married but the other spouse is not filing, you can only use Sec. 703 if your spouse will execute a Spousal Waiver that waives his or her right to use the same Sec. 703 exemptions during the time the bankruptcy is pending.

Question: What is the residency requirement to avail of the exemptions?
Answer: The debtor must be a residence of the state where he or she is filing bankruptcy for the two years before filing in order to avail of the state exemption.

Question: What debts are discharged in Chapter 7 bankruptcy?
Answer: The debts that are discharged include credit card debts, medical bills, utility bills, unpaid balance after foreclosure of home or repossession of a car, personal loans and other unsecured debts. While personal liability for secured debts like a home can be discharged in Chapter 7, so long as the debtor remains in possession of the house, the lender can exercise their rights on the security by foreclosure if the payments are not current.

Question: What debts are not discharged in Chapter 7?
Answer: Debts that are not discharged include student loans, domestic support obligations, debts incurred while driving under the influence, debts ordered to be repaid by the court because they were incurred by fraud, restitution, criminal fines and penalties, and parking tickets.
Immigration News
The U.S. Supreme Court upheld the Arizona Immigration Law requiring mandatory use of E-verify (internet based system) by checking legal work authorization of all employees and using sanctions for employers who intentionally hire illegal aliens by suspending or revoking their state license.

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.
On January 25, 2011, we received an approval of a self-petition by a battered spouse. Her entry with a different name was forgiven.

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.

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.

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.
Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.

Bankruptcy News

Collection actions continue and you can be sued if you are in debt settlement.
Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.

Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.

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.

Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.

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.

Help! My Brother Has Been Taken Into Immigration Custody In Tacoma, Washington!

2011-06-01T10:11:00.000-07:00

By Atty Beverly Byrd

QUESTION: Hello Attorney Byrd. My brother is a permanent resident and has been taken into immigration custody, and today, they have sent him to Tacoma, Washington. He had a drug conviction and a grand theft conviction in 2006. How bad is his case, and what can we do to get him out of immigration custody and bring him back here to California? Thank you for your time and advice to my brother and our community. God Bless, Criselda.

ANSWER: Hello Criselda. Thank you for your question. A permanent resident who has been convicted of any drug conviction except 30 grams or less of marijuana for one’s own personal use is deportable. As well, a permanent resident that has been convicted of grand theft is also deportable. In addition to being deportable, that person is also subject to mandatory custody under current immigration law. This means that the law requires that that person be kept in immigration custody throughout the duration of the removal or deportation proceedings. The immigration judge does not have the authority to let that person out of custody. No immigration bond will be set.

Since no immigration bond can be set, and that permanent resident has to remain in immigration custody, the immigration judge will very likely not agree to change the venue of the case to California. When someone is subject to mandatory custody and they have been taken out of California, the Government attorney usually protests any change of location, and the immigration judge usually agrees with the government. The Government, or Immigration and Customs Enforcement (ICE), places a person in custody in a place here they have a bed space. In other words, your brother was taken to Tacoma, Washington because there was no bed space in the Bay Area, but there was available bed space in the detention facility in Tacoma, Washington. Many Bay Area residents that are taken into and kept in immigration custody are taken to large detention facilities in Tacoma, Washington, Eloy, Arizona and Florence, Arizona because they have large accommodations.

At this point, you should seek the advice of a competent immigration attorney who exclusively handles immigration matters, and has a great deal of experience in deportation matters. That attorney can carefully analyze your brother’s case and determine if he is indeed subject to mandatory detention or if a case can be made for bond. Set your expectations that he will remain in immigration custody so you and he are not disappointed. The immigration attorney you choose can analyze the facts in your brother’s case and determine if your brother has any defenses to deportation. He may be eligible to apply for Cancellation of Removal for Permanent Residents, but it will depend on when your brother became a permanent resident. If he is eligible for Cancellation, then your brother will have to prove that he deserves a second chance. He can demonstrate such things as the long length of time he has been in the United States, the hardship to himself and his family members if he is removed to the Philippines, any community service, any military involvement, a work history and tax payment history, and any rehabilitation. The immigration judge will balance these positive factors against his two criminal convictions, and any other negative factors in his case. Your brother may be eligible for other forms of relief, but the immigration attorney you chose to help him will make that decision.
Even though your brother is kept in custody in Tacoma, Washington, the immigration attorney you choose in California will be able to make a court appearance via telephone at the preliminary hearings. At the time of your brother’s first hearing, or Master Calendar hearing, the immigration judge will telephone your brother’s immigration attorney at their office and speak with the attorney about the allegations in your brother’s case, and the defense applications that your brother may file. Then the judge will set a trial date if there are no other issues to be resolved. Your brother’s immigration attorney will then need to travel to Tacoma to prepare your brother for trial and to represent him at the trial.

Hopefully, your brother will have a defense to his deportation. Good luck.

Attorney Byrd has been exclusively practicing immigration law for over 10 years at Byrd & Associates and has helped thousands in the Filipino community. You can visit her website at www.byrdassociates.com, and can schedule a consultation with Attorney Byrd by contacting her via e-mail at bab@byrdassociates.com, or by telephoning her San Jose office or San Francisco office. For a limited time, Attorney Byrd offers family based Green Card processing for only $1,200 and Naturalization (Citizenship) Application processing for only $600.

San Jose Office
95 S. Market Street
Suite 300
San Jose, CA 95113
(408) 995-3268

San Francisco Office
One Embarcadero Center
Suite 500
San Franciso, CA 94111
(408) 995-3268
(main scheduling line)

Form I-864

2011-01-25T10:19:00.000-08:00

By Atty. Monica Ganjoo

Question: What form is used for the Affidavit of Support?

Answer: If you are obtaining a green card for an individual, the form is I-864. However, if you are trying to obtain a visa for an individual (for example, a tourist or fiancée visa) you will need form I-134.

Question: Who can file the Affidavit of Support?

Answer: INA Section 213A(f)(1) provides the following requirements in order to be eligible as a sponsor: (1) one must be a United States citizen, national, or legal permanent resident; (2) one must be at least 18 years of age; and (3) one must be domiciled within the United States or any United States territory or possession.

Question: What does the law require in order for an individual to be admissible?

Answer: Under INA Section 213A(a)(1), there are four requirements: (1) the petitioner in all family-based immigrant visa petitions must submit an affidavit of support on Form I-864 or I-864EZ; (2) the definition of a sponsor excludes anyone who is not a
United States citizen, national, or lawful permanent resident (green card holder), at least 18 years of age, and domiciled in the United States or a United States territory or possession; (3) the sponsor must evidence “the means to maintain an annual income equal to at least 125 percent of the Federal poverty line”; and (4) the sponsor must agree to “provide support to maintain the sponsored alien at an annual income that is not less than 125 percent of the Federal poverty income line,” reimburse any federal or state agency that provides a means-tested benefit to the sponsored alien, agree “to submit to the jurisdiction of any Federal or State court” for enforcement of the affidavit, and inform United States Citizenship and Immigration Services (U.S. CIS) of any change of address.

Question: If a United States citizen lives abroad temporary, can he be considered to be domiciled in the United States if he is living abroad for employment purposes?

Answer: Yes, only if the employment is for one of the following: (1) the United States government; (2) an American institution of research recognized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation; (5) a public international organization of which the United States participates by treaty or statute; (6) the citizen is authorized to perform the ministerial or priestly functions of a religious denomination having a bond fide organization within the United States; or (7) the citizen is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bond fide organization within the United States.

Question: If a legal permanent resident (green card holder) lives abroad temporarily, can he be considered to be domiciled in the United States?

Answer: Yes, only if the legal permanent resident applies for and obtains the “preservation of residence” under INA Section 316(b) or 317. Section 316(b) refers to individuals that have been present in the United States for a minimum of one year after receiving legal permanent resident status, and who plan to stay outside of the United States for more than one year. To obtain this benefit, the individual must be working for one of the following: (1) the United States government; (2) an American institution of research organized by the attorney general; (3) an American film or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States; (4) a subsidiary of the above film or corporation, more than fifty percent of whose stock is owned by an American film or corporation; or (5) a public international organization of which the United States is a member by treaty or statute and by which the individual was not employed until after receiving his legal permanent resident status.

Question: What is the process of satisfying the income requirement?

Answer: First, you need to determine if the Petitioner, who is the true sponsor, can demonstrate that he has sufficient household income. If the Petitioner does not meet the income requirement, he may either provide a co-sponsor (this second sponsor must then meet the income requirement) or the sponsor may count certain assets that he, the sponsored immigrant, or other individuals that reside in his residence possess.

Question: What form is used by co-sponsors?

Answer: The co-sponsor will have to fill out the same form as the sponsor, which in an immigrant visa petition (green card case), would be form I-864.

Question: If the Petitioner (sponsor) is married and wishes to use the income of his spouse, what form does the spouse fill out?

Answer: The spouse would fill out form I-864A. Note that household members of the sponsor would also fill out form I-864A.

Question: Which immigrant visa categories (green card categories) do not need to have an Affidavit of Support?

Answer: (1) Applicants under the Cuban Adjustment Act; (2) Persons adjusting based on being granted cancellation of removal or suspension of deportation (are in deportation proceedings); (3) Applicants under the Nicaraguan Adjustment and Central American Relief Act; (4) Registry applicants; (5) Applicants under the Haitian Refugee Immigration Fairness Act; (6) Persons granted asylum or refugee status; (7) Special immigrant juveniles; (8) diversity visa lottery applicants; (9) widows and widowers applying for immigrant status based on prior marriage to a United States citizen (will need to file form I-864W though); and (10) battered spouses and children filing self-petitions based on a relationship to a United States citizen or legal permanent resident spouse or parent who was responsible for the battery or extreme cruelty (will need to file form I-864W though).

Question: During what period of the application process does an individual need to file the Affidavit of Support?

Answer: Under 8 CFR Section 213a.2(a)(1)(ii), this form needs to be filed at the time an intending immigrant is applying for an immigrant visa or adjustment of status. If the individual is applying for an immigrant visa at a United States Embassy, then the form needs to be filed with the National Visa Center prior to the interview at the Embassy. However, if filing for Adjustment of Status in the United States, the form needs to be filed with the I-485 package.

Question: Is the Affidavit of Support enforceable by the United States government?

Answer: Yes. The Affidavit of Support is a contract between the sponsor and the federal government. Under 8 CFR Section 213a.4(a), the sponsored beneficiary, or any federal, state, or local government agency or private entity that provides the beneficiary a benefit, can bring a civil action law suit against the sponsor. The request for reimbursement must include the following: (1) the date the Affidavit of Support was filed; (2) the sponsored immigrant’s name, alien registration number, address, and date of birth; (3) the type of means-tested public benefit the sponsored immigrant received; (4) the dates the immigrant received the benefit; and (5) the total amount of benefits received.

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose. 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 Office:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

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

You Can File Bankruptcy While You are in Debt Settlement

2011-01-25T10:18:00.000-08:00

By Atty. Crispin Lozano

Question: What is debt settlement?

Answer: Debt settlement or debt consolidation is a process to negotiate to lower your debt with the creditors. You can do this yourself or hire an agency. Credit card companies will not allow debt settlement if you are current in your payments. You need to be at least three to six months late to start debt settlement. Even if you hired a debt settlement company the creditors can still file a lawsuit against you while they are negotiating your account. Not all credit card companies agree to debt settlement. Some companies want immediate cash payment before agreeing to lower the debt. Any debt forgiven must be reported to the IRS as income.

Question: How long is the process of debt settlement?

Answer: Debt settlement takes about 24 to 60 months to complete and there are no guarantee of success. Due to long period of payment plan many are dropping out of the plan. They cannot afford to pay any longer and the promised saving has no guarantee of success in the end.

Question: What are the fees of debt settlement?

Answer: Debt settlement companies’ charges vary. Some charge a flat fee of $5000 or more. Others charge about 15% to 18% of the total debt. On the other hand some charge about 25% of the savings. In the final analysis, sometimes it becomes more expensive than paying the creditors directly because of the fees paid to the debt settlement companies plus the monthly deposit to escrow to cover any settlement.

Question: Can you file bankruptcy while in the process of debt settlement?

Answer: If you are in debt settlement you can still file bankruptcy. Bankruptcy can cancel any contract you made on debt settlement without any problem. Filing bankruptcy could take between three to six months to process. Once the case is filed, no creditors will make a collection call or file a case in court because you are protected by the automatic stay of the court.

Question: What are the advantages of filing bankruptcy than entering into debt settlement?

Answer: Attorney’s fees are cheaper than fees for debt settlement. If you file bankruptcy, there will be no more lawsuits on your unsecured debts, no more garnishment, no long period of negotiation and no reporting of income to the IRS. After bankruptcy you can start fresh and begin building your credit. In debt settlement, you cannot build your credit until all debts are settled which may take years.

Note: This is not a legal advice.
Immigration News

1. 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.

2. The death of U.S. citizen parent will not be a hindrance to apply for a waiver of misrepresentation.

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. 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.

5. 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.

6. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.

Bankruptcy News

1. Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.

2. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.

3. 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.

4. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.

5. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration 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 and a Bachelor of Business Administration Cum Laude graduate. He has four offices which are located in Hayward, San Jose, Fresno and Bellflower, California. You can contact him at telephone number 1-877-456-9266.

How Hard Can Becoming a Citizen Be?

2011-01-25T10:16:00.000-08:00

By Atty. Beverly Byrd

Question: Hello Attorney Byrd. I filed for naturalization two months ago, and am awaiting my interview. I think I may have a few issues and hope you can let me know. I had two DUI’s about 7 years ago, and then unfortunately was convicted of another DUI two years ago. I took AA classes, and do not drink anymore, and have definitely learned my lesson where alcohol and driving is concerned. Will these convictions be problems for me? Thank you for answering my question. Gregorio

Answer: Hello Gregorio. Thank you for your question. A requirement for naturalization is good moral character. USCIS has recently become tougher on DUI convictions. If there are old DUI convictions, such as outside the 5 years immediately preceding the filing of the naturalization application, and then there is another DUI conviction within the five years immediately preceding the filing , USCIS has recently taken the position that the alcohol problem likely continued in the gap between convictions. Moreover, they believe that the problem may still be continuing. It is very important that you present sufficient evidence to show that you have been rehabilitated, or have changed your behavior and no longer abuse alcohol. You should perhaps seek the services of a competent immigration attorney who handles naturalization cases where convictions are involved. Good luck.

Question: Hello Attorney Byrd. I read your column every week. Thank you for your advice to Filipinos. My grandmother filed for naturalization and now has an interview coming up. She unfortunately had three petty theft convictions in her past. We have tried to help her, and she has seen a therapist. I was told that a petty theft conviction doesn’t really matter to USCIS. Is this true? Aida

Answer: Hello Aida. Thank you for your question. As a general rule of thumb, USCIS always cares about convictions in the naturalization context as that is a direct reflection on one’s moral character. The question is how much the conviction affects your grandmother’s case. Here, it has a serious effect. Your grandmother is actually deportable under the ground that she has been convicted of more than one crime involving moral turpitude at any time after her admission to the U.S. Her case should have been carefully analyzed before she filed to determine if she had good chances of success with her application, as well as if she was willing to risk being placed in deportation proceedings.

As her application has already been filed, she should prepare as much evidence of her rehabilitation as possible. USCIS can now either naturalize your grandmother, or can place her in deportation proceedings. I highly suggest that your grandmother hire a competent immigration attorney to help prepare her rehabilitation evidence and be with her in the interview. What she does at this point can seriously affect her future. Good luck.

Question: Hi Attorney Byrd. Thank you for helping so many in our community. My sister wants to file for U.S. citizenship. She has been a permanent resident for 8 years. We want to make sure if she will have problems since she has spent some time outside the U.S. in the last five years trying to start a business in the Philippines. Her longest trip length was about 7 ½ months. God Bless, Precy.

Answer: Hello Precy. Thank you for such a good question. When applying for naturalization, commonly called U.S. citizenship by many people, one’s trip history in the last five years immediately preceding the filing becomes very important. One of the requirements of naturalization is that one has resided continuously in the United States in the five years immediately preceding the filing of the application. To determine if the person has been continuously residing in the U.S., USCIS looks at the trip history during this statutory period. If one trip lasted more than 6 months, USCIS presumes that the applicant has not been continuously residing in the U.S. This can lead to a denial of the application.
This presumption, however, can be rebutted. The applicant should offer evidence that they were continuously residing in the U.S., i.e., that they had significant ties in the U.S. during this time, and no significant ties abroad during this time. Your sister should consult with a competent immigration attorney to analyze her trip history to determine if she is at risk for denial, and what type of evidence she can offer in support of her case. Good luck.

Attorney Byrd has been practicing immigration law exclusively for over 10 years and has helped thousands in the Filipino community with their immigration issues. To schedule a confidential consultation, contact Attorney Byrd through e-mail at info@byrdassociates.com, or at one of her Bay Area offices below.

San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
(408) 995-3268

San Francisco Office
One Embarcadero Center, Suite 500
San Francisco, CA 94104
(415) 362-2285

Visa Bulletin for February of 2011

2011-01-18T09:31:00.000-08:00

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, 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 January 15, 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 February is August 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 January 1, 2008.

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 June 1, 1999.

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 October 22, 1991.

Question: What is the Fourth preference category?

Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of February is January 15, 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

How Can I Keep My House if I File Chapter 7 Bankruptcy?

2011-01-18T09:30:00.000-08:00

By Crispin Lozano

Question: I have been denied for a loan modification. My house has no equity but I want to keep it although I am three months behind on my mortgage payments. Can I keep my house if I file for Chapter 7 Bankruptcy?

Answer: You can keep your house even if you file for Chapter 7 Bankruptcy. When you file for bankruptcy you will be required to submit a Statement of Intention on what you want to do with your secured properties like your home and your car. You can state that the debt on your house will be reaffirmed. This means that you will honor the original terms of the mortgage on your house and you will pay the required monthly payments continuously even if you already filed bankruptcy. While your case is in Bankruptcy court you may negotiate with your lender for a loan modification, or a loan work out. Your late payments can be added to the principal if the lender agrees. It is more likely that the lender will give you a better loan terms because of your changed situation. There are lenders that grant loan modification after Chapter 7 Bankruptcy discharge. Since in Chapter 7 you can eliminate most of your unsecured debts like credit cards, medical bills, department store bills etc. the lender is more likely to give you a loan workout because they know that your paying capacity has improved with the elimination of your unsecured debts.

Question: Is Chapter 13 Bankruptcy the better alternative than Chapter 7 if I want to keep my house?

Answer: Chapter 13 is a payment plan bankruptcy and applies only to those individuals with regular income. Under Chapter 13 you will need to pay your current monthly mortgage plus the unpaid mortgage overdue account plus a portion of all unsecured debts. From your monthly payments the Bankruptcy trustee will add a commission of ten percent. Statistically about ninety percent of those who filed Chapter 13 ended up converting to Chapter 7 because they cannot afford the monthly payments. Although in Chapter 13, you can strip the lien on a second mortgage, it does not mean that you do not have to pay it. It only means that the second mortgage will become an unsecured debt which you will have to pay partially under your payment plan. In the final analysis Chapter 13 is more expensive and the chance of your discharge in three years is slim because either those who filed Chapter 13 either withdraw from the plan or convert to Chapter 7 later because they are paying more than they anticipated before.
Note: This is not a legal advice.

Immigration News
1. 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.

2. The death of U.S. citizen parent will not be a hindrance to apply for a waiver of misrepresentation.

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. 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.

5. 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.

6. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.

Bankruptcy News
1. Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.

2. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.

3. 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.

4. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.

5. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration 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 and a Bachelor of Business Administration Cum Laude graduate. He has four offices which are located in Hayward, San Jose, Fresno and Bellflower, California. You can contact him at telephone number 1-877-456-9266.

Oh no, my filings were sent back!

2011-01-18T09:23:00.000-08:00

By Beverly Byrd

Question: Hello Attorney Byrd. I sponsored my wife for a green card at the beginning of January 2011, and paid all of the filing fees separately. A friend told me that the work permit fee is included in the green card fee as of the time the filing fees increased last November 2010. Is this true? Will USCIS return my wife’s filings? Thank you for your advice and help to our community. Pablo

Answer: Hello Pablo. Thank you for your question. Yes, if you filed for a green card for your wife, her work permit application, or Form I-765, and even a travel permit application, Form I-131, are included in the green card, or Form I-485 fee. You need only one check for all of these applications. The filing fee for all of these applications together is $1,070, which includes an $85 biometric fee. You would have also paid the Form I-130 petition fee of $420. If you sent the filing fees in separate checks, USCIS will still accept the applications, and will return your unnecessary checks. However, if you sent the filing fees in one check for a larger amount than is required, USCIS will return all applications and the petition to you. USCIS does try to decrease the delay caused by incorrect filing fees by sending a cover sheet to return your filing with the correct fees. This cover sheet allows USCIS to accept the filings the day they arrive and immediately send the receipts back to you. The receipts arrive back to you in approximately one week. Your delay, if any, should be minimal.

Question: Hello Attorney Byrd. I read your column every week and find your advice to Filipinos very useful. My neighbor has already seen you in your office and said you were of a great help to him. I hope you can help me too. My wife sponsored me for a green card about two years ago, and I received a conditional green card which expired about one week ago. My wife and I filed to remove the condition, but received the filing back in the mail yesterday because we filed the wrong form! We filed Form I-90 instead of Form I-751. Now my green card has expired. What shall I do now? Thank you for all your advice Attorney Byrd. God Bless, Norman.

Answer: Hello Norman. Thank you for your question. I see clients in the office periodically who have made this mistake. Form I-90 is a form for permanent residents who need to renew an unconditional card. If the card expires, they are still permanent residents. On the other hand, Form I-751 is for conditional permanent residents who have a two year conditional green card obtained through marriage to a U.S. citizen. If this card expires, the permanent residence has also expired if no petition to remove the conditional status has been filed and accepted by USCIS.
This is not a fatal mistake. You can still file Form I-751 with your wife, and explain to USCIS why you are filing late. USCIS routinely accepts late filings for good reason, and will extend your conditional permanent residency until they make a decision in your case. Remember, if you do not file Form I-751, USCIS will formally terminate your permanent residency and place you in deportation proceedings. If you feel unsure about filing again, you should consult with a competent immigration attorney who can help you.

Attorney Byrd has been practicing immigration law exclusively for over 10 years and has helped thousands in the Filipino community with their immigration issues. To schedule a confidential consultation, contact Attorney Byrd through e-mail at info@byrdassociates.com, or at one of her Bay Area offices below.

San Jose Office
95 S. Market Street, Suite 300
San Jose, CA 95113
(408) 995-3268

San Francisco Office
One Embarcadero Center, Suite 500
San Francisco, CA 94104
(415) 362-2285

Abandonment of Permanent Resident Status

2011-01-11T13:20:00.000-08:00

By Monica Ganjoo

Question: If a legal permanent resident has remained out of the United States for more than six months but less than one year, does it mean that he/she has abandoned his/her green card?

Answer: Not necessarily. You can present your green card at the port of entry after a temporary absence abroad that does not exceed one year. However, if a legal permanent resident stays out of the United States for over one year, he/she may not use that green card to enter the United States with.

Question: If the legal permanent resident has been out of the United States more than a year, and he cannot use his green card at the port of entry to enter the United States, does it mean that he is no longer a legal permanent resident?

Answer: Not necessarily. There is a difference between the validity of a green card as a travel document and the continued viability of the legal permanent resident’s claim to resident status. Whether someone has abandoned his legal permanent resident depends on “intent” rather than the amount of time he has spent outside of the United States.

Question: What is the meaning of “temporary visit abroad”?

Answer: California is governed by the Ninth Circuit. The Ninth Circuit Court of Appeal’s interpretation is: A trip is “temporary visit abroad” if (a) it is for a relatively short period, fixed by some early event; or (b) the trip will terminate upon the occurrence of an event that has a reasonable possibility of occurring within a relatively short period of time – if as in (b) the length of visit is contingent upon the occurrence of an event and is not fixed in time and if the event does not occur within a relatively short period of time, the visit will be considered “temporary visit abroad” only if the alien has a continuous, uninterrupted intention to return to the United States during the visit (Singh v. Reno, 113 F.3d 1512).

Question: What are the main factors that determine if someone has abandoned his legal permanent resident status or not?

Answer: The main thing to look at is the person’s “intent.” The factors that determine “intent” are: family ties in the United States, property holdings, jobs in the United States, duration of residence in the United States, and the person’s family ties, property, and business ties in the foreign country that he was visiting.

Question: If a legal permanent resident has been outside of the United States for less than a year, it is possible that she can still be found to have abandoned her legal permanent residence status?

Answer: Yes, even though her green card is still valid at the port of entry, the Border Patrol Officer can still find that she has abandoned her legal permanent resident status. The Officer may find that if she does not have strong ties in the United States (such as family, residence, employment, etc.), then she does not necessarily need a green card. It may be better for this person to obtain a visa at the United States Consulate abroad if they just want to “visit” the United States.

Question: If a Re-entry Permit is obtained, can a legal permanent resident remain out of the United States for a long period of time?

Answer: Possibly. One must understand that having a Re-entry Permit does not prevent a Border Patrol Officer from finding that the person has abandoned his legal permanent resident status. Having this permit only prevents the officer from relying solely on the duration of the person’s absence to determine abandonment. The officer may still investigate the absence, not as a reflection of the person’s intent, but to find out if the activities outside of the United States could make the person inadmissible.

Question: How does a person obtain a Re-entry Permit?

Answer: The Department of Homeland Security issues Re-entry Permits. The legal permanent resident will have to report to have his fingerprints taken. However, after the completion of the fingerprints, he may leave the United States before the approval of the Re-entry Permit.

Question: If a legal permanent resident did not obtain a Re-entry Permit, and stayed out of the United States for more than a year, is it too late?

Answer: Not necessarily. This person can apply for a Special Immigrant Visa
(SB-1) at a United States Consulate. Under 22 CFR Section 42.22, a legal permanent resident shall be classifiable as a special immigrant under INA (a)(27)(A) if the consular officer is satisfied that: (1) The alien had the status of an alien lawfully admitted for permanent residence at the time of departure from the United States; (2) The alien departed from the United States with the intention of returning and has not abandoned that intention; and (3) The alien is returning to the United States form a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond the alien’s control and for which the alien was not responsible. Further, the person must prove that he/she had a definite reason for traveling abroad temporarily, that the visit abroad had a termination date that was relatively short, and that the person had a home and a job in the United States.

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco or San Jose for $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. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

What Can Be Stopped by Filing Bankruptcy?

2011-01-11T13:18:00.000-08:00

By Crispin Lozano

Question: What can be stopped by filing bankruptcy?

Answer: Immediately upon filing of bankruptcy the court will send a mail to your creditors that a bankruptcy has been filed and no collection efforts can be made without the court approval until you are discharged. This will include the following:

1. Foreclosure action. Your lender cannot foreclose your house until the court lifts the automatic stay. If you file Chapter 7 you can keep your house if you will reaffirm the mortgage. In Chapter 13, you can keep your house if you keep paying your debts and mortgage arrears under the payment plan and you keep paying the regular monthly payments on your house after filing bankruptcy.

2. Wage garnishments are stopped except child support payments.

3. Filing a lawsuit or proceed with existing lawsuit or collect money judgments by attorneys or creditors are stopped.

4. Car repossession is stopped.

5. All harassing calls are stopped.

Note: This is not a legal advice.

Immigration News

1. USCIS filing fees will increase by about 10% effective November 23, 2010.

2. The Ninth Circuit Court decided that the death of U.S. citizen parent will not be a hindrance to seek waiver of misrepresentation. Aliens who entered as single but actually married who have U.S. citizen parents but already deceased will benefit from this rule.

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. When a conditional residence is terminated the USCIS will refer the alien to removal proceedings.

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 their passport and 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.

Abandonment of Permanent Resident Status

2011-01-05T10:44:00.000-08:00

By Monica Ganjoo

Question: If a legal permanent resident has remained out of the United States for more than six months but less than one year, does it mean that he/she has abandoned his/her green card?
Answer: Not necessarily. You can present your green card at the port of entry after a temporary absence abroad that does not exceed one year. However, if a legal permanent resident stays out of the United States for over one year, he/she may not use that green card to enter the United States with.

Question: If the legal permanent resident has been out of the United States more than a year, and he cannot use his green card at the port of entry to enter the United States, does it mean that he is no longer a legal permanent resident?

Answer: Not necessarily. There is a difference between the validity of a green card as a travel document and the continued viability of the legal permanent resident’s claim to resident status. Whether someone has abandoned his legal permanent resident depends on “intent” rather than the amount of time he has spent outside of the United States.

Question: What is the meaning of “temporary visit abroad”?

Answer: California is governed by the Ninth Circuit. The Ninth Circuit Court of Appeal’s interpretation is: A trip is “temporary visit abroad” if (a) it is for a relatively short period, fixed by some early event; or (b) the trip will terminate upon the occurrence of an event that has a reasonable possibility of occurring within a relatively short period of time – if as in (b) the length of visit is contingent upon the occurrence of an event and is not fixed in time and if the event does not occur within a relatively short period of time, the visit will be considered “temporary visit abroad” only if the alien has a continuous, uninterrupted intention to return to the United States during the visit (Singh v. Reno, 113 F.3d 1512).

Question: What are the main factors that determine if someone has abandoned his legal permanent resident status or not?

Answer: The main thing to look at is the person’s “intent.” The factors that determine “intent” are: family ties in the United States, property holdings, jobs in the United States, duration of residence in the United States, and the person’s family ties, property, and business ties in the foreign country that he was visiting.

Question: If a legal permanent resident has been outside of the United States for less than a year, it is possible that she can still be found to have abandoned her legal permanent residence status?

Answer: Yes, even though her green card is still valid at the port of entry, the Border Patrol Officer can still find that she has abandoned her legal permanent resident status. The Officer may find that if she does not have strong ties in the United States (such as family, residence, employment, etc.), then she does not necessarily need a green card. It may be better for this person to obtain a visa at the United States Consulate abroad if they just want to “visit” the United States.

Question: If a Re-entry Permit is obtained, can a legal permanent resident remain out of the United States for a long period of time?

Answer: Possibly. One must understand that having a Re-entry Permit does not prevent a Border Patrol Officer from finding that the person has abandoned his legal permanent resident status. Having this permit only prevents the officer from relying solely on the duration of the person’s absence to determine abandonment. The officer may still investigate the absence, not as a reflection of the person’s intent, but to find out if the activities outside of the United States could make the person inadmissible.

Question: How does a person obtain a Re-entry Permit?

Answer: The Department of Homeland Security issues Re-entry Permits. The legal permanent resident will have to report to have his fingerprints taken. However, after the completion of the fingerprints, he may leave the United States before the approval of the Re-entry Permit.

Question: If a legal permanent resident did not obtain a Re-entry Permit, and stayed out of the United States for more than a year, is it too late?

Answer: Not necessarily. This person can apply for a Special Immigrant Visa (SB-1) at a United States Consulate. Under 22 CFR Section 42.22, a legal permanent resident shall be classifiable as a special immigrant under INA (a)(27)(A) if the consular officer is satisfied that: (1) The alien had the status of an alien lawfully admitted for permanent residence at the time of departure from the United States; (2) The alien departed from the United States with the intention of returning and has not abandoned that intention; and (3) The alien is returning to the United States form a temporary visit abroad and, if the stay abroad was protracted, this was caused by reasons beyond the alien’s control and for which the alien was not responsible. Further, the person must prove that he/she had a definite reason for traveling abroad temporarily, that the visit abroad had a termination date that was relatively short, and that the person had a home and a job in the United States.

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco or San Jose for $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. St. John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

May a Battered Spouse Self-Petition and Adjust Status to Permanent Resident?

2011-01-05T10:42:00.000-08:00

By Crispin Lozano

A battered spouse of U. S. citizen or lawful permanent resident may self-petition under the Violence against Women Act and file an adjustment of status upon approval of the I-360 petition if the visa is currently available. If the spouse of the self petitioner is a lawful permanent resident she will have to wait until the I-360 petition is approved and the priority date for the second preference is current. Although the law is labeled violence against women act, a male spouse may avail of the benefit of the act.

Question: What documents are needed to prove battery or extreme cruelty?

Answer: Evidence of abuse from police, judges or other court officials, medical records, reports from doctors and psychologist, affidavits from clergy, neighbors, friends or relatives, protective orders from court and other documents showing pattern of abuse.

Question: When can a self petitioner file an application for work authorization?

Answer: A self petitioner is eligible for employment authorization upon approval of the self petition and filing of adjustment of status.

Question: What are the advantages of adjustment of status under VAWA compared to the regular adjustment of status?

Answer: VAWA adjustment of status has the following advantages:

1. VAWA self petitioner need not have been inspected or admitted into the U.S. This means that “Entered without Inspection” or “present without authorization” are eligible under VAWA.

2. Having worked without authorization is not a bar to adjustment.

3. Having overstayed a nonimmigrant visa or having violated the terms of nonimmigrant visa is not a bar to adjustment.

4. Having been admitted as a nonimmigrant under “D” [crewmember], “C” [alien in transit without a visa], or “S” [government witness] does not disqualify self petitioner from adjustment of status.

5. Having been admitted under Visa Waiver program is not a bar to adjustment.

6. Self petitioners do not have to pay the $1000 penalty if they adjust status under Sec. 245(i).

Note: This is not a legal advice.

Immigration News

1. 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.
2. The death of U.S. citizen parent will not be a hindrance to apply for a waiver of misrepresentation.

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. 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.

5. 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.

6. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.

Bankruptcy News
1. Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.

2. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.

3. 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.

4. Preserve your health, eliminate stress and live a happy life by eliminating your debts.
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 Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. He has offices are located in Hayward, San Jose, Fresno and Bellflower, California. You can contact him at telephone number 1-877-456-9266.

Beware! Checking Your Mail Could Get You Deported

2010-07-08T11:16:00.001-07:00

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

Immigration Policy Allows Asylum for Battered Women

2010-07-08T11:15:00.000-07:00

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

What Happen If Your Adjustment of Status is denied?

2010-07-08T11:13:00.000-07:00

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/

Visas for Victims of Crime

2010-06-02T10:20:00.000-07:00

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

CSPA Benefits under New USCIS Guidelines

2010-06-02T10:19:00.000-07:00

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.

Immigration Policy Allows Asylum for Battered Women

2010-05-04T14:15:00.001-07:00

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

May Using a Different Name upon Entry to the U. S. Be Forgiven?

2010-05-04T14:14:00.000-07:00

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.

Visa Bulletin for April of 2010

2010-03-30T12:24:00.001-07:00

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?

2010-03-30T12:21:00.000-07:00

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.

What if you are illegal and your legal spouse dies?

2010-02-02T12:51:00.002-08:00

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

Abused Spouse May Qualify for Cancellation of Removal

2010-02-02T12:51:00.001-08:00

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.

Visa Bulletin for February of 2010

2010-01-26T11:38:00.000-08:00

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

New Evidence after Removal of Alien Can be submitted on Appeal

2010-01-26T11:37:00.000-08:00

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.

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.

Immigration Policy Allows Asylum for Battered Women

2009-12-02T10:51:00.001-08:00

By Atty 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: SAN JOSE:

870 Market Street 111 West St. John Street,

Suite 340 Suite 513

San Francisco, CA 94102 San Jose, CA 95113

(415) 495-3710 (408) 975-0500

Benefits under the New Law on Widows and Survivors

2009-12-02T10:32:00.000-08:00

By Crispin Lozano

The new law on widow(er) and survivors was signed by President Obama on October 28, 2009 allowing widows and survivors to apply for green card through self petition.

Question: What has changed under the new law on widows(er)?

Answer: The new law removes the two-year marriage requirement from the current law. It will allow a widow(er) who was married less than two years at the time of the U.S. citizen spouse’s death to file an I-360 petition from within two years of the law’s passage.

Question: What are the benefits provided for widows of United States citizen?

Answer: The following are the benefits:

1. A widow(er) who was married less than two years at the time of the U. S. citizen spouse death may file a self-petition within two years from October 28, 2009.
2. The law is retroactive. This means that even the death of the U.S. citizen spouse happened ten years ago, the widow(er) may still file within two years from October 28, 2009.
3. Children of widow(er) who are under 21 years of age at the time of self-petition may qualify as derivative beneficiary.

Question: What are the benefits for “OTHER SURVIVORS”?

Answer: The new law provides for the continuous adjudication of cases for those petitions filed before the death of the petitioner or principal immigrant provided these “other survivors” are in the United States at the time of death of the petitioner or principal beneficiary and they continue to reside in the United States up to the present.

Question: Who are included as “OTHER SURVIVORS”?

Answer: The following are considered “other survivors”:

1. Immediate relatives (spouse, parent, minor children of U.S. citizen)
2. Unmarried son of daughter of U.S. citizen
3. Married son or daughter of U.S. citizen
4. Spouse or child of lawful permanent resident
5. Brother and sister of U.S. citizen
6. Employment based dependents (spouse and minor children)

Question: Are other applications such as waiver applications included in the new law if the qualifying relative died?

Answer: Under the new law, it is possible for an application for a waiver to be approved provided an application or petition was filed by the qualifying relative prior to his or her death.

Note: This is not a legal advice and you need to speak to an immigration attorney about the specifics of your case.

Hot News of the Week
1. On October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for a client 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.

2. Last October 20, 2009, we received an approval from the Administrative Appeals Office for an I-601 waiver request for Ms. W who made a misrepresentation by using another name at the time of entry to the United States. She is married to a U.S. citizen with two U.S. citizen sons and she has been in the U.S. for more than 20 years. Before the approval of the waiver, the USCIS denied her adjustment of status application two times.

3. Aliens who entered without inspection and are abused by U.S. citizen or Lawful Permanent Resident spouse may file a self-petition and adjust status under Violence against Women Act (VAWA).

4. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, cultural background or difference in national origin, or some inconsistencies or suspicions in the application filed.

5. Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.

6. 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 in Fullerton, California. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.

Visa Bulletin for September of 2009

2009-08-25T11:52:00.002-07:00

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, 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 October 22, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?

Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of September is September 22, 1993.

Question: What is the Second (A) preference category?

Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of September is April 15, 2005.

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 September is May 1, 1998.

Question: What is the Third preference category?

Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of September is September 22, 1991.

Question: What is the Fourth preference category?

Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of September is October 22, 1986.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?

Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?

Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?

Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?

Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

For more information, call Attorney Monica Ganjoo for a consultation.

Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $20 consultation with Monica Ganjoo, call one of her offices below:

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

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

Foreclosures to Hit High this Fall 2009

2009-08-25T11:52:00.001-07:00

By Crispin Lozano

The Mortgage Bankers Association (MBA) reported that foreclosures will hit a high mark this fall. The actual data reported as of June 30, 2009 showed a record 9.24% of all mortgages are delinquent. This represents about 4 million homeowners who are 30 days behind on their mortgages. In addition, there are 4.3% of all mortgages that are already in the process of foreclosure. This means that there are a combined 13.16% of all mortgages that are delinquent and are in the process of foreclosure as of June 30, 2009.

The reasons for the increase in delinquencies are (1) more option Adjustable Rate Mortgages (ARM) are resetting to higher rates triggering defaults and (2) more prime fixed-rate loans are defaulting due to job losses. In California, Notices of Default (the start of foreclosure process) were sent to 108,000 households in July 2009 alone.

Question: What should homeowner do to avoid situation when a Notice of Default is forthcoming?

Answer: Homeowners should consult with a loan modification attorney to protect their rights and save their home. The banks are very slow in responding to loan modification request. Bank of America and Wells Fargo bank (which accounted for majority of all mortgages) reported to have modified loans of a mere 5% and 6% respectively of the delinquent borrowers. The main reason is that the staffs in the Loss Mitigation Department of the bank are so busy that they have insufficient time to analyze the individual borrower’s case. There is huge number of applicants but the banks staffs are insufficient to serve them effectively. Many of my clients tried to do the loan modification themselves but they are unsuccessful. After they signed up for our services we immediately contacted the banks and they ultimately agreed to offer modification terms to our clients.

Question: What types of loan can be modified under the Obama program?

Answer: The Obama Loan Modification Program will modify loans that are secured through Fannie Mae and Freddie Mac. FHA loans have their own program of loan modification.

Question: What should borrowers with FHA guaranteed loan do to request modification?

Answer: Borrowers with FHA guaranteed loans should contact their lender and request loan modification. They may also contact a reputable attorney who do loan modification to negotiate with the lender.

Question: Can a homeowner apply for loan modification while in bankruptcy proceedings?

Answer: Yes. However, it is better to apply for loan modification before filing bankruptcy because you have a better chance of getting better terms in modifying your loan.

Question: May a borrower request loan modification while in foreclosure?

Answer: Yes. A foreclosure process starts when you received a Notice of Default (NOD) registered with the county recorder’s office. It ends when the property is sold in a public auction at a Trustee Sale. Upon receipt of the NOD you should immediately contact an attorney to do a loan modification. It is important to do this immediately because the Loss Mitigation Department of the bank is very busy and it will take sometime before they finally look at your case. In the NOD you are given 90 days to come up with the payment for all missed payments. If you cannot come up with the payments within 90 days, the lender will send you a Notice of Trustee Sale and will publish the property for sale at a public auction within the succeeding 20 days. After the 20 days of publication and no loan modification is agreed upon, the property will be sold to the highest bidder in a public auction.

Note: This is not a legal advice. You need to talk to an attorney about your specific case. Our office offer FREE initial consultation on Loan Modification only.
Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

New Immigration Policy Allows Asylum for Battered Women

2009-08-11T11:00:00.000-07:00

By Atty. 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 $20 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.
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

Treasury Department Reports Banks are Slow on Loan Modification

2009-08-11T10:59:00.000-07:00

By Atty. Crispin Lozano

The U. S. Treasury Department reports last August 5, 2009, the slow progress of the banks on the loan modifications program. Of the 38 loan servicers that registered in the Obama Program, only 9% of the delinquent borrowers were modified. This is equivalent to 235,000 loans modified since the program started. Among the reasons the banks said is that the investors are not cooperating in the program. The other main reason is the shortage of staff in the bank’s loss mitigation department that handles loan modification. A summary of the banks performance on loans modified as a percent of delinquent borrowers is as follows:

1. Saxon Mortgage 25%

2. Aurora Loan Services 21%

3. GMAC 20%

4. J. P. Morgan Chase 20%

5. Citi Mortgage 15%

6. Wells Fargo Bank 6%

7. Bank of America 5%

Question: What does the statistics suggest to borrowers?
Answer: The statistics showed that the banks are very picky on what loans to modify. The main reason is that the staffs in the Loss Mitigation Department of the bank are so busy that they have no time to analyze the individual borrower’s case. There is huge number of applicants but the banks staffs are insufficient to serve them effectively. Many of my clients tried to do the loan modification themselves but they are unsuccessful. After signing up for our services we immediately contacted the bank and they later on agreed to have our client’s loan modified.

Question: What types of loan can be modified under the Obama program?

Answer: The Obama Loan Modification Program will modify loans that are secured through Fannie Mae and Freddie Mac. FHA loans have their own program of loan modification.

Question: What should borrowers with FHA guaranteed loan do to request modification?

Answer: Borrowers with FHA guaranteed loans should contact their lender and request loan modification. They may also contact a reputable attorney who do loan modification to negotiate with the lender.

Question: Can a homeowner apply for loan modification while in bankruptcy proceedings?

Answer: Yes. However, it is better to apply for loan modification before filing bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy you will need to pay whatever are the scheduled monthly payments on the mortgage during and after the bankruptcy proceedings. Only unsecured debts may be reduced or discharged in bankruptcy. Secured debts such as mortgage payments will have to be paid as scheduled or the lender will request the court to lift the automatic stay and foreclose your property.

Question: May a borrower request loan modification while in foreclosure?

Answer: Yes. A foreclosure process starts when you received a Notice of Default (NOD) registered with the county recorder’s office. It ends when the property is sold in a public auction at a Trustee Sale. Upon receipt of the NOD you should immediately contact an attorney to do a loan modification. It is important to do this immediately because the Loss Mitigation Department of the bank is very busy and it will take sometime before they finally look at your case. In the NOD you are given 90 days to come up with the payment for all missed payments. If you cannot come up with the payments within 90 days, the lender will send you a Notice of Trustee Sale and will publish the property for sale at a public auction within the succeeding 20 days. After the 20 days of publication and no loan modification is agreed upon, the property will be sold to the highest bidder in a public auction.

Note: This is not a legal advice. You need to talk to an attorney about your specific case. Our office offer FREE initial consultation on Loan Modification only.

Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

August 2009 Visa Numbers

2009-08-04T11:15:00.000-07:00

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 22 years (12 for other countries; 22 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 September 8, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of August is September 15, 1993.

Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of August is January 15, 2005.

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 August is May 1, 1998.

Question: What is the Third preference category?
Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of August is August 8, 1991.

Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of August is September 8, 1986.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?
Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

For more information, call Attorney Monica Ganjoo for a consultation.

Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a 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

New FHA Guaranteed Loan Modification Program

2009-08-04T11:13:00.000-07:00

By: Crispin Lozano

Question: What is an FHA guaranteed loan?
Answer: The Federal Housing Administration (FHA) insures the loan secured through its list of approved lenders where borrowers can secure a mortgage for their home. Beforehand, FHA loans are not covered by the Making Home Affordable program of the government. Only loans secured by borrowers from the banks through Fannie Mae and Freddie Mac qualify under the Obama plan.

Question: What is the new loan modification program under the FHA?
Answer: The U. S. Secretary of Housing and Urban Development announced the FHA has implemented a change in its loan modification program to ensure consistency with the Obama Administration’s Making Home Affordable Modification program.
The program permanently reduces the family’s monthly mortgage payment through the use of partial claim, which defers the repayment of mortgage principal through interest-free subordinate mortgage that is not due until the first mortgage is paid off. This will be accomplished by bringing the mortgage current, buying down the loan up to 30% of the unpaid principal balance and deferring this amount in a partial claim.

Question: What should borrowers with FHA guaranteed loan do to request modification?
Answer: Borrowers with FHA guaranteed loans should contact their lender and request loan modification. They may also contact a reputable attorney who do loan modification to negotiate with the lender.

Question: Can a homeowner apply for loan modification while in bankruptcy proceedings?
Answer: Yes. However, it is better to apply for loan modification before filing bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy you will need to pay whatever are the scheduled monthly payments on the mortgage during and after the bankruptcy proceedings. Only unsecured debts may be reduced or discharged in bankruptcy. Secured debts such as mortgage payments will have to be paid as scheduled or the lender will request the court to lift the automatic stay and foreclose your property.

Question: May a borrower request loan modification while in foreclosure?
Answer: Yes. A foreclosure process starts when you received a Notice of Default (NOD) registered with the county recorder’s office. It ends when the property is sold in a public auction at a Trustee Sale. Upon receipt of the NOD you should immediately contact an attorney to do a loan modification. It is important to do this immediately because the Loss Mitigation Department of the bank is very busy and it will take sometime before they finally look at your case. In the NOD you are given 90 days to come up with the payment for all missed payments. If you cannot come up with the payments within 90 days, the lender will send you a Notice of Trustee Sale and will publish the property for sale at a public auction within the succeeding 20 days. After the 20 days of publication and no loan modification is agreed upon, the property will be sold to the highest bidder in a public auction.
If the loan is modified within 90 days or before date of the Trustee Sale, the lender will either forgive (write-off) or forbear (add to principal) the missed payments and will give you a lower monthly payments.
Whether to forgive or to forbear the missed payments is a matter of bank policy. My office received modifications that forgive the missed payments and modifications that add the missed payments to the principal. Many banks reduced interest rate to 4% over a period of five years while some lenders reduced interest rate to 4.5% over 30 years.

Note: This is not a legal advice. You need to talk to an attorney about your specific case. Our office offer FREE initial consultation on Loan Modification only.

Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

FORM N-400

2009-06-30T15:48:00.000-07:00

By ATTY. Monica Gangoo

QUESTION: Can I be deported from the United States for committing a crime when I am a United States citizen?

ANSWER: No.

QUESTION: Can I be deported from the United States for committing a crime when I am a Legal Permanent Resident?

ANSWER: Yes, it depends on the crime you are convicted of.

QUESTION: What rights will I have as a citizen of the United States?

ANSWER: As a citizen of the United States, you will have the same rights as a person who was born in the United States. You will have the right to vote, which is probably the most important right any person can be given within this country.

QUESTION: What are the two ways a person can become a citizen in this country?

ANSWER: The two ways that a person can become a United States citizen are: (1) By the operation of the law. Examples are birth in the United States or birth abroad to United States citizens or national. (2) Through naturalization. This requires an filing an application and being qualified.

QUESTION: What does it mean for a person to have a clean record in order to be a citizen?

ANSWER: You must show good moral character for the past five years. However, if the interviewing officer decides to look beyond the five years to see whether or not you are a good enough person to become a citizen, he or she may do so at his or her discretion.

QUESTION: When can I become eligible for citizenship?

ANSWER: You must be a legal permanent resident for 4 years and 9 months before you can apply for citizenship. However, if you have been married to a United States citizen for 2 years and 9 months and you have been a legal temporary resident or legal permanent resident, then you may also apply for citizenship.

QUESTION: What is the Child Citizenship Act and does it only relate to children? What are the benefits?

ANSWER: The Child Citizenship Act (CCA) amended the Immigration & Nationality Act (INA) and it combined some of the related provisions. This section of the law relates to children only. The CCA greatly expands the category of children that are eligible for derivation of citizenship. Under this law, foreign-born children adopted by United States citizens who meet the definition of a child under the INA will automatically acquired United States citizenship. In the past, children that were adopted by United States citizens had to complete the naturalization process before obtaining citizenship.

QUESTION: What is the goal of the Child Citizenship Act?

ANSWER: Congress’s stated goal of passing the CCA was an attempt to protect and shelter children who were negatively impacted by the harsh effects of IIRAIRA, when children adopted at very young age discovered later on in their lives that they were subject to deportation due to criminal convictions or prior false claims to being a United States citizenship. Congress wanted to protect these children from future deportation by conferring citizenship at the time they had immigrated to the United States. For an adopted child to derive citizenship, at least one of its adoptive parents must be a United States citizen, and a full and final adoption of the child must occur that meets the requirements of the INA, and the child must be living in the United states after having been admitted as an immigrant. This must occur before the child turns eighteen years old.

QUESTION: How does a foreign-born child naturalize?

ANSWER: A foreign-born child will have to be naturalized, not by derivative naturalization. Therefore, this child would have to fill out the proper paperwork with INS (BCIS). The law currently requires: (1) that at least one of the parents of the child is a United States citizen, whether by birth or naturalization; (2) that the child resides outside the United States; (3) that the child is temporarily present in the United States pursuant to lawful admission; (4) that the child is maintaining lawful status in the United States; (5) that the child is under the age of eighteen; and (6) that the child is in the legal and physical custody of the citizen parent.

For more information, you may contact us for a consultation.
MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Offices currently offers $20 consultations in the San Francisco office, the San Jose office, or by telephone with Attorney Ganjoo. To obtain your $20 consultation with Attorney Ganjoo, please call one of the numbers below:
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

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

Does Your Loan Modification Follow the Obama Plan?

2009-06-30T15:47:00.000-07:00

By ATTY. Crispin Lozano

Last week we received several offers of Loan Modification from different banks. Some are in compliance with the Obama plan while others are not. In one offer, we received a reduction in payment of about $1000 from the original mortgage payment. They based the new monthly payment on the gross income of the spouses multiplied by 31%. The resulting mortgage payment of $2475 includes property tax and home insurance of $850.

The offer from another lender is a choice of three monthly payments which reduced the interest rate from 8.94% to 4% resulting in a reduction in monthly payment from $4770 to $2000 or a reduction of $2770. The lender is not a participant in the Obama plan.

Someone consulted me showing me a loan modification prepared by a foreclosure consultant that increased his monthly payment by $200. He asked me if he should sign it and I said no way. The purpose of loan modification is to reduce monthly payment and yet this one will increase your payment. I told him that he should go back to the lender and ask for the loan modification that follows the Obama plan.

Question: If the lender’s first offer of loan modification is a small reduction in monthly payment do I have to accept it?

Answer: No. If you can explain to the bank that you cannot afford the monthly payment they will make a second or third offer. Loan modification is negotiation. The bank will always offer you small amount of reduction if you do not know how to negotiate. However, you need an attorney whom you can talk to if you are near foreclosure because the bank may foreclose you property and you may not know your rights. You need the necessary tools to negotiate such as a finding of predatory lending based on loan audit.

Question: What is the best time that I should contact an attorney?

Answer: The best time to contact an attorney is when you start the loan modification process. You can get more reduction if you negotiate early because you are not pressured for time to accept their first or second offer. In addition you have more time to secure an audit of the loan so that you can bargain for reduction in principal if there are federal law violations and predatory lending. You should be able to see your attorney and talk directly to him or her about your case because your home, your most precious asset, is at stake. Your attorney should communicate with you and be reachable when you have questions.

Question: May I contact an attorney based Modification Company about the notice of default?

Answer: An attorney based modification company does not have the ability to immediately act on your legal problem because they will have to consult the matter to their contracted attorney. In a Law Office you can speak face to face directly and immediately to an attorney who can advise you of your options.

Question: Will filing of Chapter 13 bankruptcy stop foreclosure?

Answer: Chapter 13 bankruptcy will temporarily stop foreclosure. Once the debtor is discharged, the lender will proceed with the foreclosure if the debtor is still late on his monthly payments.

Question: Can a homeowner apply for loan modification after a debtor is discharged in Chapter 13 bankruptcy?

Answer: Yes. However, it is better to apply for loan modification before filing Chapter 13 bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy and still you cannot pay your mortgage after your discharge, you have lesser chance of getting the best terms of modification.

Note: This is not a legal advice. You need to talk to an attorney about your case. Our office offer FREE initial consultation on Loan Modification only.

Crispin Caday Lozano is an active member of the State Bar of California since 1999. He graduated Juris Doctor (Law Degree) from Western State University School of Law in Fullerton, California. He is a licensed Real Estate Broker #01297744 since October 2001. He is also a Certified Public Accountant and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

The Right to Redeem Your Home before Foreclosure Sale Date

2009-06-23T10:22:00.000-07:00

By ATTY. Crispin Lozano

Last week, Mr. J of Alameda County came to our office and showed me a Trustee Sale (Foreclosure Sale Date) dated the following week. I asked Mr. J if he really wanted to keep his house and if he is willing to pay the amount of late payments. He said yes to both my questions so I immediately contacted the lender. After some negotiations, the lender agreed to stop the foreclosure provided the late payments are paid plus costs. Mr. J is happy to get back his home and started to secure the money from his retirement account to pay his late payments. This is an actual case and it illustrates the ability of the borrower to redeem his home by negotiating with the lender to pay all unpaid late payments plus costs.

Question: What is the law in California in redeeming property under foreclosure sale?
Answer: The California Civil Code Sec. 2924 gives the borrower the right to redeem his or her home within 90 days after a notice of default has been registered in the county recorder’s office by paying all late payments due plus cost.

Question: What is the last day a borrower may redeem his home under foreclosure sale?
Answer: A home in foreclosure may be redeemed five (5) days before the date of foreclosure sale.

Question: Should the borrower pay property taxes and insurance during the foreclosure process?
Answer: The borrower should pay the property taxes, insurance and other future payments during the foreclosure process.

Question: What should a homeowner do if he or she receives a Notice of Default?
Answer: It is very important for the homeowner to contact an attorney immediately upon receipt of Notice of Default. Time is of the essence because the lender may sell your property without your understanding of your legal right. You may also lose the right to modify the mortgage, redeem the property by paying all unpaid installments or contest the lender’s actions in court.

Question: How do I know that I received a Notice of Default?
Answer: A Notice of Default is generally mailed as a certified mail. There are lenders that do not send the notice through certified mail. Generally it is printed in bold 14 point type with the wordings “IMPORTANT NOTICE: IF YOUR PROPERTY IS IN FORECLOSURE BECAUSE YOU ARE BEHIND IN YOUR PAYMENTS, IT MAY BE SOLD WITHOUT COURT ACTION.” It should state how much is due as of a certain date. If you are late in payments for about 3 to 6 months, a notice of default may be mailed to you. If you have any doubt on what you received you can check with an attorney.

Question: May I contact an attorney based Modification Company about the notice of default?
Answer: An attorney based modification company does not have the ability to immediately act on your legal problem because they will have to consult the matter to their contracted attorney. In a Law Office you can speak face to face directly and immediately to an attorney who can advise you of your options.

Question: Will filing of Chapter 13 bankruptcy stop foreclosure?
Answer: Chapter 13 bankruptcy will temporarily stop foreclosure. Once the debtor is discharged, the lender will proceed with the foreclosure if the debtor is still late on his monthly payments.

Question: Can a homeowner apply for loan modification after a debtor is discharged in Chapter 13 bankruptcy?
Answer: Yes. However, it is better to apply for loan modification before filing Chapter 13 bankruptcy because you have a better chance of getting better terms in modifying your loan. Once you filed for bankruptcy and still you cannot pay your mortgage after your discharge, you have lesser chance of getting the best terms of modification.

Note: This is not a legal advice. You need to talk to an attorney about your case.
Crispin Caday Lozano is an active member of the State Bar of California and his practice is in real estate and immigration law since 1999. He earned his Juris Doctor at Western State University in Fullerton, California. He is also a CPA and a licensed Real Estate Broker. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Visa Bulletin for July of 2009

2009-06-23T10:18:00.000-07:00

By ATTY. Monica Gangoo

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on August 8, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of July is September 1, 1993.

Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of July is December 22, 2004.

Question: What is the Second (B) preference category?
Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of July is April 1, 1998.

Question: What is the Third preference category?
Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of July is July 1, 1991.

Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of July is August 8, 1986.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?
Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages.
For a $20 consultation with Monica Ganjoo, call one of her offices below:

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

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

H-2B

2009-03-24T10:14:00.000-07:00

By ATTY. Monica Gangoo

Question: What is the H-2B visa category?
Answer: The H-2B visa category is used by United States companies that wish to temporarily employ skilled and unskilled foreign workers in nonagricultural positions. The employer has to have a temporary need and it must show that United States workers are not available.

Question: How long is an H-2B visa valid for?
Answer: The initial period of stay granted by the Department of Homeland Security (previously known as the Immigration and Naturalization Service) is governed by the period of time that the employer needs the services. This period cannot extend beyond an initial period of one year. However, extensions of stay in increments of one year are possible, but the foreign worker cannot be continuously employed in the United States for more than three years.

Question: What is the first step in obtaining an H-2B visa for someone?
Answer: The very first step is to obtain a labor certification application. This must be obtained by the employer. The request is made to the Department of Labor. You file this request with the state employment service office with jurisdiction over the location of the proposed employment. This labor certification application can cover one foreign worker, or it can cover a number of foreign workers filling the same position who will be working at the same location.

Question: What is the second step in obtaining an H-2B visa for someone?
Answer: The second step comes after the labor certification application has been approved by the Department of Labor. This approval must be filed with the application that is to be sent to the Department of Homeland Security.

Question: What is the third and final step in obtaining an H-2B visa for someone?
Answer: Once the Department of Homeland Security approves the H-2B visa petition, the foreign worker(s) must take the approval notice to a United States Embassy/Consulate in order to apply for the H-2B visa in person. The foreign worker will need to apply for this visa in order to be granted admission to the United States.

Question: If an employer files for several foreign workers using the same approved labor certification application, do all the foreign workers have to go to the same United States Embassy/Consulate abroad to obtain their visas?
Answer: No, they do not. They may go to different embassies abroad.

Question: Can family members of the H-2B visa holder accompany him/her to the United States?
Answer: Yes, spouses and unmarried children under the age of 21 may accompany the H-2B visa holder. They will need to apply for an H-4 visa at the United States Embassy/Consulate. The family members are not allowed to work; however, they are allowed to engage in studies in the United States.

Question: How does the employer file for an extension of the foreign worker’s stay in H-2B category?
Answer: Any extensions must be made at the employer’s request. The employer needs to demonstrate that the initial authorization period is not enough for completion of the duties that is to be performed and must prove that the unavailability of qualified United States workers exists. The employer shows this by obtaining a new labor certification application from the Department of Labor.

Question: What are some examples of H-2B jobs?
Answer: Some examples are: (1) a family wanting to hire a child care attendant in order to supervise their infant child while both of the parents work and the help will be temporary; (2) an employee is going to go on maternity leave for six months and a temporary replacement is needed; (3) a ski resort needs temporary servers and chefs for busy ski season.

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo in San Francisco and San Jose for only $20. 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:

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

Loan Modification Program under Pres. Obama

2009-03-24T10:12:00.000-07:00

By ATTY. Crispin Lozano

We will discuss the Obama Administration’s Program to make home affordable through Loan Modification.

Question: What is the government’s loan modification program?
Answer: It is a government assistance to loan servicers (banks) and investors to help offset the cost of modifying homeowner’s mortgages into affordable mortgages that will allow them to keep their homes. This may be done by reducing mortgage interest rate, extending the term of the loan, principal reduction or elimination if necessary. The program begins in March 4, 2009 until December 31, 2012.

Question: Who are eligible for this program?
Answer: You may qualify if:
The home is a one to four unit property that is your primary residence and owner occupied.
Your existing mortgage was originated on or before January 1, 2009.
The property may not be investor-owned.
The property may not be vacant or condemned.
You are not able to pay your existing debt without help.
Your total monthly mortgage payments are more than 31 percent of your gross monthly income.
You are at risk of foreclosure due to a significant increase in mortgage payment, a reduction in income since the current loan was created, or a hardship that has increased your expenses. (Ex. Medical bills).
You owe an amount equal to or less than $729,750 on the first mortgage (higher units are allowed for an owner occupied property that is two to four units).
You may be in bankruptcy.

Question: How will the loan modification program be implemented?
Answer: The program will be implemented as follows:
The lender will have to first reduce payments on mortgages to no greater than 38 percent of Debt to Income ratio.
The Treasury will match further reductions in monthly payments dollar-for-dollar with the lender/investor down to a 31 percent Debt to Income ration for the borrower.
Borrowers are eligible to receive a bonus (Pay for Performance Success Payment) of $1000 each year for five years for paying the mortgage that reduced the principal balance and for being current on the monthly payments.
In order to participate in the program, your servicer bank must have entered into the program agreements with the Treasury’s financial agent no later than December 31, 2009.

Question: I can do the loan modification myself or do I need an attorney to help me?
Answer: Many people who tried to do it alone find it hard to communicate with the servicer bank or were denied for lack of qualifications. If you are represented by an attorney the servicer bank will be obliged to communicate because of the possible filing of court case in your behalf. In addition, an attorney can help you analyze your present situation that will help you obtain a loan modification. Our Law Firm handles loan modification cases.

Tip of the Week

President Obama told the Hispanic Caucus on March 20, 2009 that he will work on immigration reform and path to citizenship as he promised in the campaign. There will be public forum on immigration in the next two months.

Last February 2009, we received an approval of an adjustment of status in Immigration Court for a client who entered the U.S. by misrepresenting himself as married to another person not his wife. The Immigration Judge granted the waiver based on long residence in the U.S. and hardship to the two United States citizen children.

We again have successfully obtained a waiver of fraud or misrepresentation in Immigration Court for a green card holder who entered as single but actually married.
Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.

Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

April 2009 Visa News

2009-03-19T13:39:00.001-07:00

By Atty. Crispin Lozano

In this issue, we will discuss the visa bulletin for April 2009, and other important developments in immigration.

April 2009 State Department Visa Bulletin.
If you are checking the status of your priority date, the Department of State is presently processing the following petitions with priority dates earlier than indicated below.
Please note that for the month of April 2009, Employment Based Third Preference visa (professionals and skilled workers) is available for the Philippine nationals with approved labor certifications or I-140 petitions with priority dates earlier than March 1, 2003. For Schedule A nurses and physical therapist, immigrant visa is also available for April 2009 if they have an approved I-140 petition dated earlier than March 1, 2003.
Third Preference visas for Unskilled Workers such as caregivers, nursing assistants and nannies are available for those Philippine Nationals with approved labor certifications dated earlier than March 1, 2001 for the month of April 2009.

Hot News of the Week
1. Filing under the new late amnesty settlement starts on February 1, 2009 and ends on January 31, 2010. The requirements are: (a) the applicant came to the United States on a valid visa before 1982 and fell out of legal status between 1982 to 1988. (b) The violation of status must be known to the government. (c) They must have resided continuously in the United States from before 1982 to 1988. Some denied amnesty applicants may file again this time if (a) their application has not been adjudicated or (b) their Temporary Resident Status has been proposed for termination or (c) their applications were denied because the government believed that they failed to meet the requirement that their unlawful presence was continuous.
2. We again have successfully obtained a waiver of fraud or misrepresentation in Immigration Court for a green card holder who entered as single but actually married. The green card holder who has been in the United States for 17 years has a mother who is a U.S. citizen.
3. Green cards without expiration date should be renewed. They have the alternative of applying for naturalization. Please call our office for questions about renewing green cards.
Tip of the Week:
1. Waiver for misrepresentation at the time of entry (entered as single but actually married) may be waived if you have a parent, spouse, son or daughter who is a U.S. citizen or lawful permanent resident. Once approved you may be eligible for naturalization. You should apply now before your personal situation or the law is changed.
2. Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.
3. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

Visa Bulletin for April of 2009

2009-03-19T13:36:00.000-07:00

By Monica Ganjoo, ESQ.

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 22 years (12 for other countries; 22 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 June 22, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of April is August 1, 1993.

Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of April is August 15, 2004.

Question: What is the Second (B) preference category?
Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of April is January 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 June 15, 1991.

Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of April is June 22, 1986.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
Answer: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.

Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).

Question: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
Answer: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.

Question: What is the priority date for a United States citizen filing for parents?
Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $20. The Staff of Ganjoo Law Offices speak a total of six different languages. For a 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