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

What relief is available to aliens who entered the United States using a different name? There is still hope for those aliens as we will discuss hereunder.

Example: Delia came to the United States in 1999 using a different name in her passport as her real name. She married a U.S. citizen in Jan. 1, 2001 and an immigrant petition was filed by her spouse in March 2001. Delia’s real name is Rhea. In the I-130 petition, she used her real name and the USCIS discovered this matter when she showed her passport. Can Rhea adjust status and what are the conditions?

Analysis: The law requires that for an alien who apply for adjustment of status, the following is required:
1. A visa is immediately available.
2. Must have entered the U. S. legally and have legal status at the time of adjustment application. If applying under Sec. 245 (i) the alien must have entered the United States before December 21, 2000 and an immigrant petition or labor certification must have been filed for the alien on or before April 30, 2001.
3. The alien is not inadmissible. If she is inadmissible, there must be a waiver of inadmissibility approved.

Application of the Law to Rhea’s case: The first requirement is satisfied because she married a U.S. citizen and a visa is immediately available for her as the spouse. Since she entered the U.S. under a different name, she is not qualified under the normal law of adjustment of status. She will need to file under Sec. 245(i). She qualified under Sec. 245(i) because she is present in the United States on December 21, 2000 and there was an immigrant petition filed on her behalf before April 30, 2001. Under the third requirement, Rhea is inadmissible because she entered under a different name and this is considered a misrepresentation. She will need to apply for a waiver of inadmissibility to be approved for adjustment of status.

Question: How can Rhea apply for waiver of inadmissibility?

Answer: Rhea will need to file an I-601 waiver and prove that it will be an extreme hardship to her U.S. citizen spouse if her application for adjustment of status is denied.

Note: This is not a legal advice.

Immigration News

1. We have just received approval from Administrative Appeals Office of I-601 Waiver for an applicant entered with an assumed name.
2. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
3. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
4. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
5. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge.

Tip of the Week

1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.

4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.

Visa Bulletin for April of 2010

By Monica Ganjoo

Question: What is the Visa Bulletin?

Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 19
93, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on September 8, 1987. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less six years.

Question: What is the First preference category?

Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of April is March 1, 1994.

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

Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of April is June 1, 2006.

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

Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of April is September 15, 1998.

Question: What is the Third preference category?

Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of April is March 1, 1992.

Question: What is the Fourth preference category?

Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of April is September 8, 1987.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?

Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

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

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

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

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

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

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

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

Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).
For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $25. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $25 consultation with Monica Ganjoo, call one of her offices below:

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

SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

May an Abused Spouse Self- Petition for a Green Card?

By Atty Crispin Lozano

Question: Who qualifies for self-petition and cancellation of removal under Violence Against Women Act (VAWA)?

Answer: The following qualify for self-petition and cancellation of removal:
1. Abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident.
2. Abused child of U.S. citizen or lawful permanent resident.
3. Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent.

Question: Who may qualify for cancellation of removal as battered immigrant if they could not file a self-petition?

Answer: The following battered immigrants do not qualify for self-petition but may qualify under VAWA cancellation of removal:
1. Abused spouse who was divorced for over 2 years from the abuser;
2. Abused spouse of a lawful permanent resident who has died or any abused children of a U.S. citizen or lawful permanent resident parent who has died.
3. Parent of an abused child who was never married to the child’s abusive U.S. citizen or lawful permanent resident parent;
4. Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
5. Abused spouse or child whose citizen parent gave up citizenship or lost lawful permanent resident for over 2 years;
6. Victims of incest or child abuse who were abused while they were under 21 but failed to file self-petition and who are now over 21 years;
7. Victims of child abuse who cannot establish that they have resided with the abuser.

Question: What are the requirements for cancellation of removal?

Answer: The following are required to cancel removal:
1. Battery or extreme cruelty of the U.S. citizen or Lawful Permanent resident spouse or parent.
2. Three years of continuous presence in the U. S.;
3. Good moral character of applicant;
4. Extreme hardship is she or her child or her parent is deported.
Immigration News
1. On March 17, 2010 we received an approval in Immigration Court of adjustment of status for a conditional residence whose status was terminated before.
2. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
3. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
4. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge. He is the son of a U.S. citizen and he has been in the U.S. for 20 years. Mr. D was approved for Naturalization later.

Tip of the Week
1. Petitioner’s death is not a problem if the beneficiary is in the U.S. when the petitioner died and at the time of adjustment of status.
2. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents.
3. Denied I-751 application to remove condition on residence may be renewed in Immigration Court.
4. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
5. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.

What if you are illegal and your legal spouse dies?

By Attorney Monica Ganjoo

QUESTION: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse has died?

ANSWER: Possibly. This can be done through Form I-360. The widow/widower must have been married for at least two years prior to the spouse’s death. Further, they must show that the application is being filed within two years of the spouse’s death and that they were living together.

QUESTION: What if the United States citizen spouse dies before two years of marriage?

ANSWER: The answer to this question depends on where the person resides. In the Ninth Circuit (California follows the laws of Ninth Circuit), if the United States citizen spouse dies after filing the spousal immediate relative (Form I-130) and after the person has filed for the green card (Form I-485), but before there is a final decision on the spousal immediate relative, the spousal immediate relative can still be approved. Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006). It must be shown that the marriage was a bona fide marriage, one not entered into for gaining immigration benefits. But, if the green card application was not filed before the spouse died, then the spousal immediate relative will be denied.

QUESTION: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse is still alive, but has been abusive and is refusing to help with immigration paperwork?

ANSWER: Yes. This can be done through Form I-360. You will have to send in documentations and affidavits to prove that you were abused by the United States citizen/Legal Permanent Resident spouse.

QUESTION: Does the abuse have to be physical?

ANSWER: No. The abuse can be physical, mental and/or emotional. You must be able to prove this. A letter from a psychologist, psychiatrist, or therapist would be extremely helpful.

QUESTION: Can the widow or abused individual marry someone else while the I-360 is pending?

ANSWER: No, the individual cannot marry until the Legal Permanent Residence status has been granted.

For more information, you may contact us for a consultation.

MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Office currently offers $25 consultations in San Francisco and San Jose. To obtain a consultation in San Francisco, call (415) 495-3710. To obtain a consultation in San Jose, call (408) 975-0500.

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

SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

Abused Spouse May Qualify for Cancellation of Removal

By Attorney Crispin Lozano

Abused spouse or the parent of abused child of a U.S. citizen or Lawful Permanent Resident may qualify for Cancellation of Removal and obtain a green card under the Violence against Women Act (VAWA). A work authorization while in proceedings may be requested.

Question: Who qualifies for cancellation of removal and self-petition under VAWA?

Answer: The following qualify for self-petition and cancellation of removal:

1. Abused spouse, former spouse, or intended spouse of a U.S. citizen or lawful permanent resident.
2. Abused child of U.S. citizen or lawful permanent resident.
3. Non-abusive parent of a child who was subjected to domestic violence or extreme cruelty by a U.S. citizen or lawful permanent resident parent.

Question: Who may qualify for cancellation of removal as battered immigrant if they could not file a self-petition?

Answer: The following battered immigrants do not qualify for self-petition but may qualify under VAWA cancellation of removal:

1. Abused spouse who was divorced for over 2 years from the abuser;
2. Abused spouse of a lawful permanent resident who has died or any abused children of a U.S. citizen or lawful permanent resident parent who has died.
3. Parent of an abused child who was never married to the child’s abusive U.S. citizen or lawful permanent resident parent;
4. Abused stepchild whose immigrant parent has been divorced from the abusive parent for over 2 years;
5. Abused spouse or child whose citizen parent gave up citizenship or lost lawful permanent resident for over 2 years;
6. Victims of incest or child abuse who were abused while they were under 21 but failed to file self-petition and who are now over 21 years;
7. Victims of child abuse who cannot establish that they have resided with the abuser.

Question: What are the requirements for cancellation of removal?

Answer: The following are required to cancel removal:

1. Battery or extreme cruelty of the U.S. citizen or Lawful Permanent resident spouse or parent.
2. Three years of continuous presence in the U. S.;
3. Good moral character of applicant;
4. Extreme hardship is she or her child or her parent is deported.

Immigration News

1. On January 5, 2009, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
2. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.

3. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge. He is the son of a U.S. citizen and he has been in the U.S. for 20 years. Mr. D can now apply for naturalization and bring his family to the United States. Waiver application is discretionary to the judge after weighing positive and negative factors.

Tip of the Week

1. Green card holders who are interrogated at the port of entry should always ask for a hearing before an immigration judge to avoid removal.
2. Green cards without expiration date should be renewed. They have the alternative of applying for naturalization.

3. Applicants for adjustment of status through marriage are being separately interviewed if there is a wide difference in age, education, language, or suspicions in the application filed.
4. Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. It is also needed by employers to charge to expense payment for contractual job. Our office assists clients in obtaining ITIN.

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a CPA and a Bachelor of Business Administration Cum Laude graduate. His offices are located at 1290 B Street, Suite 203, Hayward, California 94541; at 17057 Bellflower Blvd. Suite 205, Bellflower CA 90706 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone number (510) 538-7188.

Visa Bulletin for February of 2010

By Atty Monica Ganjoo

Question: What is the Visa Bulletin?

Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on July 1, 1987. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less six years.

Question: What is the First preference category?

Answer: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of February is January 1, 1994.

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

Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of February is March 1, 2006.

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

Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of February is July 15, 1998.

Question: What is the Third preference category?

Answer: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of February is January 1, 1992.
Question: What is the Fourth preference category?

Answer: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of February is July 1, 1987.

Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?

Answer: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.

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

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

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

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

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

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

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

For more information, call Attorney Monica Ganjoo for a consultation.
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $25. The Staff of Ganjoo Law Offices speak a total of six different languages. For a $25 consultation with Monica Ganjoo, call one of her offices below:

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

SAN JOSE:
111 West St. John Street,
Suite 513
San Jose, CA 95113
(408) 975-0500

New Evidence after Removal of Alien Can be submitted on Appeal

By Atty Crispin Lozano

When an alien is ordered removed from the United States by an Immigration Judge, generally an appeal is made to the Board of Immigration Appeals (BIA). While the case is on appeal, important evidence may come up not previously considered by the Immigration Judge.

Question: May new evidence be submitted by an alien to the BIA?
Answer: Yes. Newly discovered evidence may be submitted to the BIA to pursue adjustment of status to permanent resident, request a waiver or cancel removal.

Question: What are examples of evidence that may be submitted to the BIA?
Answer: Evidence that will prove your eligibility to an immigrant visa or waiver of deportability/inadmissibility or cancellation of removal may be submitted. This evidence must not be available at the time of the merit hearing with the Immigration Judge. Examples are approval of I-130 petition that gives you immediate eligibility for an immigrant visa; birth of a child if the issue is lack of good faith marriage; marriage to a U.S. citizen or new visa for immediate relatives that will qualify you to adjust status to permanent resident or for waiver of deportability/inadmissibility.

Question: What is the procedure for submitting new evidence?
Answer: The new evidence may be submitted to the BIA with a Motion to remand the proceedings to the Immigration Judge. A Motion to Remand is a request to send the case back to where it originally comes from before the appeal. Upon remand the Immigration Judge will decide whether the new evidence is sufficient to grant an immigrant visa or waive deportability/inadmissibility or cancel deportability.

Question: What are the requirements for filing a Motion to remand?
Answer: The supporting documents that prove eligibility for an immigrant visa or waiver of deportability must be submitted with the motion to remand.

Question: How do I know if I qualify to submit new evidence on appeal?
Answer: You should consult immediately with an immigration attorney if the situation applies to you since time is of the essence on this matter.
Immigration News
1. On January 5, 2009, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
2. We recently received a grant of asylum for the son of a victim of kidnapping by the NPA in the Philippines.
3. On Dec. 7, 2009, our client Ms. E was approved for a waiver of misrepresentation in the Immigration Court. She has a U.S. citizen mother and daughter and she has been in the U.S. for 17 years. In another case, on October 29, 2009, our request for waiver of misrepresentation for entering as single but actually married for our client Mr. D in Fresno, CA was approved by the Immigration Judge. He is the son of a U.S. citizen and he has been in the U.S. for 20 years. Mr. D can now apply for naturalization and bring his family to the United States. Waiver application is discretionary to the judge after weighing positive and negative factors.

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.