Month: October 2009

Categories
Updates

New Final Rule: HIV Infection No Longer Sole Grounds for Inadmissibility to U.S.

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In the Federal Register, dated Monday, November 2, 2009, the Centers
for Disease Control and Prevention (CDC) will officially remove HIV
infection from the definition of “communicable disease of public health
significance” and will additionally remove any reference to HIV from
the scope of examinations for aliens wishing to enter the U.S.

Prior to this final rule, HIV infection was considered a communicable
disease of public health significance by CDC; individuals that tested
positive for the infection during the required medical examination for
U.S. immigration were inadmissible to the United States. However,
effective January 4, 2010, as stated in this final rule, such
individuals will no longer be inadmissible to the United States solely
on the ground that they are infected.

Categories
SideBar

Can I Still Get Credit After My Bankruptcy Filing?

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Many people do not want to file for bankruptcy. Most do not even want to admit that they are at the point of needing to file for bankruptcy.  To many, it is an admission of failure. Financial difficulties are, however, a reality for many individuals. There are many different reasons for our financial difficulties: many have lost their job, some have made bad investments, and others suffered medical problems, while others may just have lived beyond their means.  Whatever the reasons, one of the questions faced by individuals who declare bankruptcy is how to get their life back and get new credit. Hence, the questions: Can I apply for new credit cards? Can I still purchase cars on installment?  Can I apply for home loans in the future?

A bankruptcy filing will undoubtedly affect an individual’s credit rating. It will stay on your record for 10 years. However, it may not be as devastating as many people may believe it to be.  

Many people who are candidates for a bankruptcy filing probably do not have very good credit ratings to begin with. These individuals are already struggling with their existing debts. Many possess multiple credit cards with debt balances typically in the $20,000 to $100,000 range. Some have home mortgage obligations of several hundred thousand dollars more. In almost all instances they already have delinquent payment problems, carry high balances on their credit cards, or are already getting calls from collection agencies for their delinquent accounts.  These bankruptcy candidates have no disposable income. Almost all their income has to be set aside to pay off their debts.

In most cases, even without the filing of a bankruptcy, many of these individuals no longer have good credit ratings. Many of them would no longer qualify for new credit based on their current income and the huge mountain of debt they are currently obligated to pay.  In fact, for some individuals, it is possible to have a small improvement in their credit score with a bankruptcy filing. This is due to the fact that in a bankruptcy filing high balances are removed, as are late payments or records of unpaid debts. It won’t be a huge increase but considering that the bankruptcy candidate may already have a low credit score to begin with, it won’t fall by much either.   

There are good reasons why a bankruptcy filing may, in fact, help an individual obtain credit again after the filing. One reason is because a bankruptcy filing would make available more disposable income to the individual.  After the bankruptcy filing, an individual would no longer be obligated to make monthly payments on previous debts already discharged. Hence, more of the individual’s income would be available as disposable. This available income would make one more likely to pay off debts in the future because one now has more disposable income.     
    
When you file for a Chapter 7 bankruptcy, you will be prohibited from filing another Chapter 7 bankruptcy for the next 8 years. This means that if you owe any more debts after bankruptcy filing, you will have to pay off these debts. Should you fail to pay these obligations, the lender will have different options of collecting from you, including the filing of a lawsuits and the garnishing or levying any of your properties. You can no longer seek bankruptcy protection for the next 8 year. It will be easier for the lender to go after your properties.  Hence, for a lender you are easier to collect from rather than someone who has never filed bankruptcy before. 

Many of us are immigrants to this country. We started out with no credit history when we arrived here in the US. We built up our credit only after we arrived here. We did it before. There is no reason why we cannot slowly build up our credit again. There are many different ways of building up our credit again. Many of us started out with secured credit cards at first.  We can do that after bankruptcy. Some of us started with low credit limits or had a friend or relative co-sign for us. We can likewise do that after bankruptcy filing.  The point is: a bankruptcy filing does not prevent one from taking the road to getting a good credit again.

Bankruptcy protection is a law given precisely for people who are already in deep financial trouble with no foreseeable way of paying their way out of their debts.  The sooner individuals realize the benefits of bankruptcy, the sooner they will seek its protection, and the sooner they can get out of the cycle of debt and start down the road to building up credit again based on a more stable financial base.
   
Anyway, for individuals who want to build up their credit again after bankruptcy, that road is wide open.   However, some individuals may have learned a different lesson from the financial mess they got themselves in. They may, in fact, have learned that with the second chance given to them by a bankruptcy protection, they may be more concerned with how to save rather than thinking about how to get credit and borrow again in the future.

(DISCLAIMER: material presented above is intended for informational purposes only. It is not intended as professional advice and should not be construed as such. Rey Tancinco is a partner at Tancinco Law Offices, a professional corporation with offices in San Francisco, Vallejo, and Manila. The law office website is at: tancinco.weareph.com/old.  Rey Tancinco can be contacted at (800) 999-9096 or (415) 397-0808 or via email at: attyrey@tancinco.com.)

 

Categories
Updates

CBP Launches FOIA Electronic Reading Room

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A newly upgraded web-based reading room has just been launched by U.S.
Customs and Border Protection (CBP). The CBP Freedom of Information Act
Electronic Reading Room will feature a range of documents and records
that, prior to the launch of this upgraded service, were only available
via an FOIA request. Documents included in the FOIA Electronic Reading
Room include final opinions and orders related to the adjudication of
administrative cases, certain agency policy statements, specific
administrative staff manuals and other records that have been disclosed
in response to an FOIA request.

“CBP is striving to boost agency transparency and accountability, while
promoting efficiency and effectiveness through the use of technology,”
said Jayson P. Ahern, Acting Commissioner of CBP. “We hope the public
will visit the Freedom of Information Act Electronic Reading Room for
the most direct access to information and to avoid the need to go
through the FOIA request process.”

Visit the FOIA Electronic Reading Room online at foia.cbp.gov.

Categories
Updates

USCIS Revises Form I-601, the Application for Waiver of Grounds of Inadmissibility

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USCIS has just revised Form I-601, the Application for Waiver of
Grounds of Inadmissibility in order to make the form easier for
applicants to complete. In the new form, applicants can select from a
list of grounds of inadmissibility presented on the form itself, and
can mark all grounds that apply in order to request a waiver.
Additionally, the form also includes a section where applicants can
describe in their own narrative the reasons why they believe they are
inadmissible. Previously, information about grounds of inaccessibility
could only be found in the form’s accompanying instructions.

The new Form I-601, and its instructions, are available at the USCIS
website. USCIS additionally notes that filing fees may be waived in
individual cases when an individual is unable to pay, only in instances
where the individual is either an alien in valid T or U nonimmigrant
status, an approved VAWA self-petitioner, or an alien seeking
adjustment of status to whom section 212(a)(4) does not apply (this
alien is not required to prove that he or she is not likely to become a
public charge).

Categories
Updates

Roxana Bacon, a Well-Respected Immigration Attorney, Is the New Chief Counsel for USCIS

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Roxana Bacon, a well-respected immigration attorney, has just been
named Chief Counsel of U.S. Citizenship & Immigration Services.
Bacon was formerly based in Arizona and is widely respected in the
immigration legal community. She was the first woman to serve as
president of the State Bar of Arizona and was formerly General Counsel
for the American Immigration Lawyers Association. Bacon received the
American Bar Association’s Margaret Brent Women Lawyers of Achievement
Award in 2009 and is an endowed processor of immigration law and policy
at Arizona Law School.

In her new post, Bacon will manage more than 150 attorneys and their
staff and will play a key role in the development of immigration
policies and major immigration reform initiatives in the coming years.

Categories
Immigration Round Table

Can a US Citizen Petition His Nephew and Niece?

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Dear Atty. Lou,
 
I am a U.S. citizen. I have a nephew and niece who both grew up with me when I was still in the Philippines, their mothers are my sisters. I considered them as my son and daughter and I want to bring both of them here. 

My nephew (28 years old) has a degree in Business Administration and has a medical problem (scoliosis) and my niece (a minor) is in her first year in high school and now being taken cared of by my mother. Actually, I know a way for them to come here but as a visitor or tourist or for medical reason but I want them to stay here and live with me permanently because I love them so much. I don’t have any problem about with my wife regarding this matter. Is there any possible way for me to file an immigrant petition for them? Can you please advice me what is the best thing to do.
 
Many thanks and more power!
 
The Loving Uncle

Dear Loving Uncle,

I understand how much you want your nephew and niece to live with you in the US as you consider them your family members as well, Unfortunately, US immigration policy allows only US citizens and/or lawful permanent residents to petition their sons and daughters.  The nieces and nephews are not permitted to be beneficiaries of a petition for immigrant visa unless they are considered adopted children.  In your particular case, you did not mention that you petitioned them as your adopted children before they turned 16 years old.  If they were judicially adopted as your children, you may have the opportunity to petition them as your own child.

If they enter the United States as visitors, they may not live with your permanently much as you want to.  For the nephew who has a bachelor’s degree, he may want to explore employment petition to be able to apply for an immigrant visa.  If your niece is less than 16 years old, you may want to look into the possibility of judicially adopting her and then file for her immigrant petition as your adopted child.

Atty Lou

Dear Atty Lou,

My mother was in the Phil. for almost 6 months and only discovered that her Green card was expired on her day of her departure. The airline PAL would not allow her to travel because of her expired card. Is this the usual procedure? I hope you can clarify my inquiry.

Thank you for your time and hard work.
 
JQ

Dear JQ,

An immigrant must possess valid travel documentation upon entering the United States. For the immigrant, a valid green card or a lawful stamped on the passport will be proof of lawful status in the US. If the green card is expired, the immigrant must obtain either a returning resident visa or a boarding letter from the US Embassy Consular Section.  This returning resident visa or a boarding letter will indicate that the immigrant has not abandoned his/her status as a resident of the US.  The returning resident visa has a fee when applying.  This is not a new policy.  It has been applied in cases where residents apply for appropriate documentation to re-enter the United States.  I hope this information is helpful.

Atty Lou

*(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com

Categories
Updates

USCIS Posts Filing Location Changes for Orphan/Adoption Petitions

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Last week, USCIS announced a change in filing locations for two sets of
forms. The first set, Form I-600, the Petition to Classify Orphan as an
Immediate Relative, and Form I-600A, the Application for Advance
Processing of Orphan Petition, should now be sent to the following
addresses:

Regular Mail: USCIS, P.O. Box 299027, Lewisville, TX 75029

Express Mail/Courier Service: USCIS, ATTN: Adoption, 2501 S. State Hwy. 121 Business, Suite 400, Lewisville, TX 75067

This change of filing location was published on October 6; applicants
will have a 30-day transition period. After that period, USCIS will
return all of these forms that are incorrectly filed.

The second set of forms, Form I-800, the Petition to Classify
Convention Adoptee as an Immediate Relative, and Form I-800A, the
Application for Determination of Suitability to Adopt a Child from a
Convention Country, both related to the Hague Adoption Convention,
should now be filed to the following addresses:

Regular Mail: USCIS, P.O. Box 299008, Lewisville, TX 75029

Express Mail/Courier Service: USCIS, ATTN: Hague, 2501 S. State Hwy. 121 Business, Suite 400, Lewisville, TX 75067

This address change also went effective on October 6; applicants are
given a 30-day transition period to correctly file these petitions
before they will be returned as incorrectly filed.

Categories
Updates

President Obama Publishes FY 2010 Refugee Numbers

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In a Presidential Document, written on the last day of September of
this year and published in the Federal Register yesterday, the
President provided guidance to the Secretary of State to provide for
the admission of up to 80,000 refugees to the U.S. during Fiscal Year
2010. The President’s publication allocated certain amounts of refugee
numbers to each region of the world, as stated below:

Africa: 15,500
East Asia: 17,000
Europe and Central Asia: 2,500
Latin America/Caribbean: 5,000
Near East/South Asia: 35,000
Unallocated Reserve: 5,000

The unallocated refugee numbers are to be “allocated to regional
ceilings, as needed,” wrote the President, and are to be used in
regions where the need for additional refugee admissions occurs.
Further, refugee numbers can be moved from one region to one or more
other regions, when greater numbers for admission are needed in those
other regions.

Finally, the President specified that, for Fiscal Year 2010,
individuals from the following countries, if otherwise qualified, can
“be considered refugees for the purpose of admission to the United
States within their countries of nationality or habitual residence:”

(1)People in Cuba
(2)People in the former Soviet Union
(3)People in Iraq

In exceptional cases, people identified by a U.S. Embassy in any
location may also be considered a refugee within their country of
nationality/habitual residence.

Categories
Immigration Round Table

RN Qualifies for 245(i) Grandfathering

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Dear Atty. Lou,

I am a nurse with an approved I-140 and a priority date of June 2005. My adjustment of status was denied due to some technicalities and I am out of status right now.

My US citizen uncle  petitioned my parents in 1981. This petition was approved and the immigrant visas were made available in 2002. Unfortunately, I  already aged out in 2002 and was not able to obtain my immigrant visa as a derivative beneficiary.

Now that I have my own I-140 approved petition, can I use my uncle’s petition to adjust status? Or should I should wait for the I-140 to become current before I can apply for adjustment of status again? Thank you and waiting for your reply.

RN in Unlawful Status

Dear RN,

Generally, applicants for immigrant visas who are present in the United States and are in possession of approved petition filed on their behalf, may apply for adjustment of status as long as their priority date is current. This adjustment of status is permitted under Section 245 of the Immigration and Nationality Act (INA). There are exceptions to the filing of this adjustment of status applications. Those ineligible to apply are those who entered without inspection, overstayed and worked without authorization may apply nothwithstanding INA Section 245(a) under Section 245i.

Section 245i was enacted in 1994 allowing an applicant otherwise ineligible (including stoaways, crewmen, visa waiver entrants) to file an application for adjustment of status as long as s/he pays a special fee ($1,000) and is a beneficiary of any labor certification or petition under Section 204 that was filed on or before April 30, 2001.

It should be noted that the USCIS has taken the view that it is the individual beneficiary (and his spouse and children) who are grandfathered by filing on or before April 30, 2001 and not the petition. Hence, an applicant meets the requirements for grandfathering, s/he continues to be grandfathered until adjustment of status. In the same manner, spouse or child of a grandfathered applicant are also grandfathered for 245i purposes even if they do not adjust with their principals. The USCIS takes the view that a spouse or child is also grandfathered “even after losing the status of spouse or child, such as by divorce or by becoming 21 years of age” as long as the relationship existed with the principal applicant at the time a qualifying petition or application was propertly filed on or before April 30,2001.

In your particular case, even if you aged out in 2002, you were considered a derivative child at the time the I-130 petition was filed on behalf of your parents. Even if you aged out thereafter, you may still use this approved petition filed by your US citizen uncle to qualify under the Section 245i provision of the INA. You need to wait until your I-140 approved petition’s priority date is actually current before filing for an application for adjustment of status. For the month of October 2009, the third preference employment petitions with priority dates of June 1, 2002 are the petitions being processed for immigrant visas. There is still retrogression and your eligibility for 245i requires you also to wait until the visa is made available.

Atty. Lou

(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)