Visa Bulletin for November of 2011

 By Atty Monica Ganjoo

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions.  For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card.  The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on.  If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on August 22, 1988.  There is a five year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less five years.
Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens.  These children must be single.  For Filipinos, the priority date for the month of November is February 8, 1997.
Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents.  For Filipinos, the priority date for the month of November is February 15, 2009.
Question: What is the Second (B) preference category?
Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single.  For Filipinos, the priority date for the month of November is July 15, 2001.
Question: What is the Third preference category?
Answer: This category belongs to married children of United States citizens.   If a child of a United States citizen is under 21 but is married, they will fall under this category.  For Filipinos, the priority date for the month of November is June 22, 1992.
Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens.  These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them.  For Filipinos, the priority date for the month of November is August 22, 1988.
Question: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
Answer: When you filed for your daughter, you filed for her under the Second (B) preference category.  If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled.  However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.
Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen?  Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
Answer: In the past, this was true.  However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date.  You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates.  Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.
Question: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
Answer: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).
Question: Can I file for my parents if I am a Legal Permanent Resident?  What about my siblings?
Answer: No.  If you are a Legal Permanent Resident, you may only apply for spouses and single children.  You may not apply for your parents, married children, or siblings.
Question: What is the priority date for a United States citizen filing for parents?
Answer: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens.  This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).
For more information, call Attorney Monica Ganjoo for a consultation.  
Ganjoo Law Offices currently offer a consultation with Attorney Monica Ganjoo for only $25.  The Staff of Ganjoo Law Offices speak a total of six different languages.  For a $25 consultation with Monica Ganjoo, call one of her offices below:
870 Market Street, Suite 340
San Francisco, CA  94102
(415) 495-3710
111 W. Saint John Street,
Suite 513
San Jose, CA  95113
(408) 975-0500

Should I pay my second mortgage if my house is underwater?

 By Atty Crispin Lozano

The most common question of homeowners if they have a residence that is underwater is “Should I pay my second mortgage?”  To illustrate, assume that Juan and Maria bought a house in 2006 worth $500,000 with a financing of 80/20 or a first loan of $400,000 and a second loan of $100,000.  The house now has a market value of $300,000.  Under this situation the first loan is collateralized up to $300,000 whereas the second loan has no collateral.  A lender can foreclose in California if the mortgage is not being paid.  In foreclosure actions, lender foreclose only if there if a value in the collateral.  Under this situation the second loan has no collateral because of the reduction in property value.  Only the first loan has collateral.  For practical purposes the second mortgage holder will not foreclose on the house because it will not get any money in doing so.
Question: How can a homeowner totally eliminate the second mortgage?
Answer: Filing Chapter 13 Bankruptcy will allow a homeowner to strip the lien on the second mortgage.  The result of lien stripping is that the second mortgage of $100,000 above will be considered an unsecured loan.  Unsecured loan are like credit cards where no collateral is attached to the loan.  In Chapter 13, the unsecured loan will be paid based on the monthly disposable income of the debtor.  If the disposable income is just sufficient to pay secured creditors, the unsecured creditors will only get a minimal percent of whatever is left in the disposable income.
Question: If I file for Chapter 13, will the lender of the first and second mortgage be able to foreclose?
Answer: Once you are approved on your Chapter 13 plan of payments which include paying the arrears on the first mortgage over three to five years and continuously paying the current monthly payments for the first mortgage, the lender will not foreclose on your house.  The second mortgage lender will not also foreclose because once the lien is stripped, the loan becomes unsecured.  However, you have to complete the plan payments.  Failure to pay plan payments will cause your case to be dismissed.
Note: This is for presentation purposes only and not a legal advice.  
Bankruptcy News
1. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
2. Collection actions continue and you can be sued if you are in debt settlement.
3. Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.
4. Bankruptcy will stop foreclosure actions.  If your trustee sale date is 10 days before, you can still file for bankruptcy.
5. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
6. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
7. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
Immigration News
1. On September 22, 2011, we received an approval from USCIS for adjustment of status using cross chargeability that enabled the beneficiary to use the worldwide priority date (which is faster) instead of the Philippines priority date.
2. On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was denied the adjustment of status from another attorney.
3. On July 28, 2011, we received an approval of adjustment of status for an alien who entered the U. S. without valid documents but qualified under Sec. 245(i).
4. On July 21, 2011 we received an approval for withholding of removal in Immigration court for an old lady who could not come back to her country because of political situation.
5. On June 28, 2011, we received an approval in Immigration Court for an adjustment of status.  The applicant was previously denied on the I-130 petition because they did it without an attorney.  We filed a second I-130 petition that was approved based on good faith marriage.
6. On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
7. On January 25, 2011, we received an approval of a self-petition by a battered spouse.  Her entry with a different name was forgiven.
8. On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
9. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
10. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
11. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Crispin Caday Lozano was born in the Philippines and a naturalized U.S. citizen.  He is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys.  He specializes in immigration law and bankruptcy law.  He earned his Juris Doctor at Western State University College of Law in Fullerton, California.  He is also a Certified Public Accountant, a Real Estate Broker and a Bachelor of Business Administration Cum Laude graduate.  He has four offices which are located in Hayward, San Jose, and Cerritos, California.  You can contact him at telephone number 1-877-456-9266.  Email your questions to LozanoLawOffice@crispinlozanolaw.com/; visit our website at www.crispinlozanolaw.com/

Immigrant Visa granted ten years ahead of the beneficiary's priority date -- The spouses Gerald and Sharmilee Abello received their green cards ten years ahead of the beneficiary's priority date with the help of Attorney Crispin C. Lozano.  Gerald was petitioned by his US citizen father on March 20, 2001 as Married son of a U.S. citizen under the third preference F-3.  His wife was born in Fiji Islands Republic.  Under the current visa processing, if Gerald will use the Philippine priority date of March 20, 2001, it will take ten more years of waiting before he will get his green card and also for his wife.  Atty. Crispin C. Lozano argued that Gerald is entitled to use the priority date under the Worldwide Visa Bullentin which currently processes March 2001 because that will allow his wife, who was born in Fiji Islands, to get an immigrant visa and it will prevent the separation of the husband and wife.    The USCIS approved their case based on this legal argument.

Immigration News and Questions

By Atty Beverly Byrd

IMMIGRATION QUESTIONS
Question:  Thank you for your column Attorney Byrd.  My wife and I read it every week.  I would like to know if I can file for naturalization, or U.S. citizenship, if my green card is expired?  Kind regards, Ernesto.
Answer:  Thank you for your question Ernesto.  The answer is no.  USCIS requires that your permanent resident card have at least six months validity left on the card for you to file for naturalization.  You should first file to renew your permanent resident card and obtain a temporary permanent resident stamp in your passport from USCIS
Question:  I am a non-conditional lawful permanent resident and my green card expired last month.  I have filed an I-90 Application to Replace Permanent Resident Card with the United States Citizenship and Immigration Services (USCIS).  I am awaiting the arrival of my new card.  My employer wants to re-verify my employment and will not accept my expired card as evidence that I am a legal permanent resident.  I do not have any other proof of residence.  What can I do?
Answer:  The fact that your permanent resident card is expired does not mean you are no longer a lawful permanent resident.  The card may be expired, but your lawful permanent residence status is not expired.
You can show your employer the I-90 receipt saying that you have filed to replace your card.  You can also make an appointment with the nearest USCIS office and ask them to stamp your passport with temporary evidence of lawful permanent residence, or you can ask the USCIS office to put an extension sticker on your expired permanent resident card, then show the passport or card to your employer.
IMMIGRATION POLICY UPDATE
The American Immigration Lawyer’s Association (AILA) has conducted preliminary research to determine how local ICE offices and Chief Counsel offices have been implementing the new Obama Administration’s enforcement priorities and whether they have been granting requests for prosecutorial discretion.  It appears that many offices are moving forward with business as usual, and are making no attempts to review cases to determine which might be administratively closed.  
In San Francisco, the Chief Counsel’s office (government attorney) has a policy to contest Motions to Continue for those in deportation proceedings in order to await a decision for prosecutorial discretion from the Chief Counsel’s office.  It would be up to the immigration judge to grant or deny the request.  This means that if one plans to ask for prosecutorial discretion and close their case, that it should be done as soon as possible before the next court hearing in order for the government to decide the motion.  Seek a competent immigration attorney to further explain requests for prosecutorial discretion and how you might benefit from such a request.
Attorney Beverly Byrd has exclusively practiced U.S. immigration law at Byrd & Associates for over ten years, helping thousands in the Filipino community.  She obtained a law degree and then graduated with a Master’s in International Law from the prestigious Georgetown University Law Center in Washington, D.C.  Georgetown Alumni include Philippine President Gloria Arroyo and President Bill Clinton.
Attorney Byrd is also active in the immigrant community, and has served on the American Immigration Lawyer’s Association’s Extended Board for the past several years as a liaison to the DHS San Francisco Asylum Office, DHS Customs and Border Protection, DHS Immigration and Customs Enforcement, and currently as the Continuing Legal Education liaison.
Attorney Byrd currently offers for a limited time a $25 consultation on the phone or in the office.  Please contact her to schedule a consultation via e-mail at info@byrdassociates.com, or call toll free 877-987-9906.  You can also see her website at www.byrdassociates.com for more information and to read her immigration blog, see her LinkedIn profile and follow her on Twitter.
San Jose Office   
95 S. Market Street, Suite 300 
San Jose, CA 95113   
(Toll Free) 877-987-9906  
San Francisco Office
One Embarcadero Center,
Suite 500
San Francisco, CA 94111
(Toll Free) 877-987-9906

Visa Bulletin for October of 2011

By Atty Monica Ganjoo

Question: What is the Visa Bulletin?

Answer: The Visa Bulletin provides us the priority dates for Family Petitions.  For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card.  The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on.  If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on August 1, 1988.  There is a five year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less five years.

Question: What is the First preference category?

Answer: The First preference category applies to children over the age of 21 of United States citizens.  These children must be single.  For Filipinos, the priority date for the month of October is January 8, 1997.
Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents.  For Filipinos, the priority date for the month of October is January 8, 2009.

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

Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single.  For Filipinos, the priority date for the month of October is May 1, 2001.

Question: What is the Third preference category?

Answer: This category belongs to married children of United States citizens.   If a child of a United States citizen is under 21 but is married, they will fall under this category.  For Filipinos, the priority date for the month of October is June 8, 1992.

Question: What is the Fourth preference category?

Answer: This category belongs to brothers and sisters of United States citizens.  These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them.  For Filipinos, the priority date for the month of October is August 1, 1988.

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

Answer: When you filed for your daughter, you filed for her under the Second (B) preference category.  If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled.  However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.
 Question: What if I filed for my son under the Second (B) category, and then I became a United States citizen?  Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?

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

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

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

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

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

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

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

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

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

 By Crispin Lozano

The stock market crashed again last week to a low level since 2008.  According to many economists, the next recession or great depression will be very painful and worldwide.  Consider the following events:
1. The U.S. national debt of $14 Trillion is equal to 100% of our gross domestic product. The U. S. economy will only grow 2% this year with unemployment rate of 9.1%.  U. S. was downgraded to AA+ by Standard and Poor and the stock market crashed thereafter. The last great depression started with the stock market crash followed by high unemployment.  Many banks are in distressed and home values continue to decline.  Layoffs in the government and private sector are continuing.
2. The European nation is in the brink of economic decline as a result of the debt crisis in Greece, Portugal, Ireland, Spain and Italy.  Since the Euro zone is the major trading partner of the U.S., exports will decrease that will result in layoffs in the U. S.
Question: What are the ways to prepare for the next recession?
Answer: Some suggestions from money experts are as follows:
1. Eliminate or reduce debt.  Short term interest rate on credit cards run as high as 20 to 30%.  By eliminating debt your chance of surviving the recession will increase.
2. Build up on cash.  Whatever happens in the economy, cash is the best means of surviving the recession.  Increase savings by 10 to 15% of your income.
3. Stay liquid.  Allocate your assets into more liquid investments such as savings account, CDs and money market funds.
4. Avoid risky investments such as stocks and bonds.  Postpone any investment in stocks until the market bottom is reached.  Stocks are predicted to go down by about 30% because of the debt crisis.
5. Postpone buying a new car or house.  This will drain the cash you will need in case of emergency.
6. Have a contingency plan.  This should include a plan to reduce your expenses and increase your income.  Eliminate all unnecessary expenses and improve your skill through education and training to improve your ability to generate income.
7. Postpone retirement if you can so that you can increase your retirement fund.
Question: What is the most common way to eliminate debt to survive recession or the great depression?
Answer: If you are saddled with huge amount of debt with high interest rate, filing bankruptcy is the most common way of eliminating debt to survive recession.
Note: This is not a legal advice.
Bankruptcy News
1. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
2. Collection actions continue and you can be sued if you are in debt settlement.
3. Chapter 7 will eliminate all unsecured debts.  If you are near retirement age, you must eliminate most of your debts.
4. Bankruptcy will stop foreclosure actions.  If your trustee sale date is 10 days before, you can still file for bankruptcy.
5. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
6. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
7. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
Immigration News
1. On September 22, 2011, we received an approval from USCIS for adjustment of status using cross chargeability that enabled the beneficiary to use the worldwide priority date (which is faster) instead of the Philippines priority date.
2. On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was denied the adjustment of status from another attorney.
3. On July 28, 2011, we received an approval of adjustment of status for an alien who entered the U. S. without valid documents but qualified under Sec. 245(i).
4. On July 21, 2011 we received an approval for withholding of removal in Immigration court for an old lady who could not come back to her country because of political situation.
5. On June 28, 2011, we received an approval in Immigration Court for an adjustment of status.  The applicant was previously denied on the I-130 petition because they did it without an attorney.  We filed a second I-130 petition that was approved based on good faith marriage.
6. On March 1, 2011, we received an approval of adjustment of status by an Immigration Judge for an alien who was originally denied adjustment of status based on petition by employer.
7. On January 25, 2011, we received an approval of a self-petition by a battered spouse.  Her entry with a different name was forgiven.
8. On December 23, 2010, we received an approval from the Immigration Court for a waiver of misrepresentation for an alien who entered as single but actually married.
9. On January 5, 2010, we received an approval in Immigration Court of an adjustment of status based on good faith marriage despite an age difference of 18 years.
10. Abused spouse of U.S. citizen or permanent residents can self petition even if there is a problem with the entry documents such as C or D visa or entry without inspection or assumed name.
11. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened.
Crispin Caday Lozano was born in the Philippines and a naturalized U.S. citizen.  He is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys.  He specializes in immigration law and bankruptcy law.  He earned his Juris Doctor at Western State University College of Law in Fullerton, California.  He is also a Certified Public Accountant, a Real Estate Broker and a Bachelor of Business Administration Cum Laude graduate.  He has four offices which are located in Hayward, San Jose, and Cerritos, California.  You can contact him at telephone number 1-877-456-9266. www.crispinlozanolaw.com/ 

Immigration News and Questions

By Atty Byrd

IMMIGRATION QUESTIONS

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

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

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

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

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

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

1. Select desired language English, press 1 and Spanish press 2)
2. Press 2 for casting a vote on legislation
3. Press 1 for voting on The CA Dream Act, AB 131
4. Lastly, press 1 to vote “IN SUPPORT” of AB 131
Attorney Beverly Byrd has exclusively practiced U.S. immigration law at Byrd & Associates for over ten years, helping thousands in the Filipino community.  She obtained a law degree and then graduated with a Master’s in International Law from the prestigious Georgetown University Law Center in Washington, D.C.  Georgetown Alumni include Philippine President Gloria Arroyo and President Bill Clinton.
Attorney Byrd is also active in the immigrant community, and has served on the American Immigration Lawyer’s Association’s Extended Board for the past several years as a liaison to the DHS San Francisco Asylum Office, DHS Customs and Border Protection, DHS Immigration and Customs Enforcement, and currently as the Continuing Legal Education liaison.
Attorney Byrd currently offers for a limited time a $25 consultation on the phone or in the office.  Please contact her to schedule a consultation via e-mail at info@byrdassociates.com, or call toll free 877-987-9600.  You can also see her website at www.byrdassociates.com for more information and to read her immigration blog, see her LinkedIn profile and follow her on Twitter.
San Jose Office   
95 S. Market Street, Suite 300 
San Jose, CA 95113   
(Toll Free) 877-987-9600  

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

Visa Bulletin for October of 2011

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 August 1, 1988.  There is a five year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less five years.

Question: What is the First preference category?
Answer: The First preference category applies to children over the age of 21 of United States citizens.  These children must be single.  For Filipinos, the priority date for the month of October is January 8, 1997.

Question: What is the Second (A) preference category?
Answer: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents.  For Filipinos, the priority date for the month of October is January 8, 2009.

Question: What is the Second (B) preference category?
Answer: This category belongs to children of Legal Permanent Residents that are over 21, but are still single.  For Filipinos, the priority date for the month of October is May 1, 2001.

Question: What is the Third preference category?
Answer: This category belongs to married children of United States citizens.   If a child of a United States citizen is under 21 but is married, they will fall under this category.  For Filipinos, the priority date for the month of October is June 8, 1992.

Question: What is the Fourth preference category?
Answer: This category belongs to brothers and sisters of United States citizens.  These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them.  For Filipinos, the priority date for the month of October is August 1, 1988.

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

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

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

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

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

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

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

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