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
Thursday, July 8, 2010
Immigration Policy Allows Asylum for Battered Women
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
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?
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/
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/
Wednesday, June 2, 2010
Visas for Victims of Crime
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
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
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.
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.
Tuesday, May 4, 2010
Immigration Policy Allows Asylum for Battered Women
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
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?
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.
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.
Subscribe to:
Posts (Atom)
