Asian Journal- The Filipino-American Community Newspaper

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Feb 06th
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Home Immigration Atty. Crispin Lozano

Atty. Crispin Lozano

Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. 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.

Can those who entered without inspection adjust status?

Question: Can those who entered without inspection adjust status?

Answer: Yes, if they have Sec. 245(i) eligibility. This means that they are beneficiary of an immigrant petition or labor certification filed before April 30, 2001.

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February 2012 visa news

The February 2012 visa bulletin showed one to 8 weeks advances in the family based preferences. The employment based third preference skilled workers advanced by three weeks while the unskilled third preference advanced by also three weeks. The February 2012 visa bulletin follows:

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Proposed rule on waiver may allow immediate relatives of citizens to apply for a green card at the US Consulate

The Obama administration announced that it will propose a rulemaking to change the procedure in applying for waiver of unlawful presence.  The proposed rule will allow an alien to file an I-601 waiver in the US and wait for approval before departing the US to process the green card at the US consulate.  Under the current law an alien who needs a waiver for unlawful presence will have to depart the US and apply in his home country.  The present procedure is risky because (1) there is no assurance that the waiver application will be approved (2) If the waiver is denied the alien is barred from entering the US for 3 to 10 years (3) the approval process takes time and it could take years while the alien is separated from his family in the US.

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Death of qualifying relative not a hindrance to waiver of misrepresentation

Question: Under the US Immigration laws a waiver of misrepresentation may be granted if the applicant has a parent, spouse, son or daughter who is a US citizen or lawful permanent resident. What happen if the US citizen parent or any of the qualifying relatives die?

Answer: Beforehand, the Board of Immigration Appeals interpreted this provision to be the “son of living US citizen. This interpretation of the law was overruled on May 19, 2010 when the Ninth Circuit Court of Appeals of the United States in Rolando Manapa Federiso vs. Eric H. Holder, Jr., Attorney General decided that the plain meaning of “son of a US citizen” in the waiver statute in the Immigration and Nationality Act to mean “son of US citizen even after the death of the US citizen parent.

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May the derivative aliens adjust status under Sec. 245(i)?

Question: Who are the derivative aliens?

Answer: Derivative aliens are the spouse and minor children of the principal alien who was petitioned for immigrant visa or labor certification.

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