Weekly Answers to Readers Immigration Questions

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

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?

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!

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

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

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?

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