Visa Bulletin for September of 2009

By Monica Ganjoo

Question: What is the Visa Bulletin?

Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on October 22, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

Question: What is the First preference category?

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

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

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

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

Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of September is May 1, 1998.

Question: What is the Third preference category?

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

Question: What is the Fourth preference category?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Foreclosures to Hit High this Fall 2009

By Crispin Lozano

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

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

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

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

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

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

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

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

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

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

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

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

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

New Immigration Policy Allows Asylum for Battered Women

By Atty. Monica Ganjoo

QUESTION: Is it possible for a woman to get asylum in the United States if she was abused by her spouse in her home country?
ANSWER: Yes. The Obama administration has just granted a new policy that allows foreign women to receive asylum in the United States. This new policy applies to women who are victims of severe domestic beatings and sexual abuse. The Obama administration has opened the door to the protection of women who have suffered severe violations.

QUESTION: What must an applicant for asylum show in order to get his/her case granted?
ANSWER: An asylum applicant must demonstrate a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a particular social group. Thanks to the Obama administration, battered women will now be included in this list.

QUESTION: What requirements need to be met in order to be granted asylum under this new category?
ANSWER: In addition to meeting the conditions of asylum, abused women also need to show that they are treated by their abuser as subordinates and little better than property, and that domestic abuse is widely tolerated in their home country. The abused woman must show that she could not find protection from institutions in their home country or by moving to another location within that country.
QUESTION: How did this new policy come about?

ANSWER: The Obama administration laid out its position in an immigration appeals court case of a Mexican woman who applied for asylum in San Francisco, stating that she feared she would be killed by her common-law spouse in Mexico. This woman was repeatedly raped by her him at gunpoint, was held captive, and was stolen from. More shocking, her common-law spouse had broken her nose and tried to burn her alive when he had found out that she was pregnant. This woman had asked for her from her local police but the reports were dismissed of violence as a private matter. Finally, in 2004, she fled to the United States with her three children (abuser was the father of all three children).
QUESTION: Does this new policy apply to women fleeing genital mutilation?

ANSWER: No, this policy only applies to battered women in domestic relations. Each case is highly fact dependent and requires scrutiny of the threats that an applicant has faced and will continue to face if she is returned to her home country.

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

MONICA GANJOO is an immigration attorney with offices in San Francisco and San Jose. Ganjoo Law Office currently offers $20 consultations in San Francisco, San Jose, or through the telephone. To obtain a consultation in San Francisco, call (415) 495-3710. To obtain a consultation in San Jose, call (408) 975-0500.
870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

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

Treasury Department Reports Banks are Slow on Loan Modification

By Atty. Crispin Lozano

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

1. Saxon Mortgage 25%

2. Aurora Loan Services 21%

3. GMAC 20%

4. J. P. Morgan Chase 20%

5. Citi Mortgage 15%

6. Wells Fargo Bank 6%

7. Bank of America 5%

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

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

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

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

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

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

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

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

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

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

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

August 2009 Visa Numbers

By Monica Ganjoo

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 22 years (12 for other countries; 22 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on September 8, 1986. There is a seven year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less seven years.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

New FHA Guaranteed Loan Modification Program

By: Crispin Lozano

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

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

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

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

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

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

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

FORM N-400

By ATTY. Monica Gangoo

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

ANSWER: No.

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

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

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

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

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

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

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

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

QUESTION: When can I become eligible for citizenship?

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

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

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

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

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

QUESTION: How does a foreign-born child naturalize?

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


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

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