Atty. Joel Bander

Get the thousands of $$ you deserve for your hardwork

Tuesday, 03 November 2009 22:00 Atty. Joel R. Bander

MANY Californians, especially those undocumented workers are confused about their labor rights, here in the Bander column, we remind our readers that California workers are entitled to workplace protection. California law entitles you to overtime, minimum wages, and interest penalties.

Because of confusion about the rights of undocumented workers employed in California resulting from a recent U.S. Supreme Court decision, Hoffman Plastic Compound, Inc., v. National Labor Relations Board, the Division of Labor Standards Enforcement (DLSE) is providing clarification of its enforcement practices. DLSE adjudicates wage claims, investigates discrimination and public work complaints, and enforces Labor Code statutes and Industrial Welfare Commission orders.

Is bankruptcy the right solution to save your home?

Monday, 12 October 2009 19:31 Atty. Joel R. Bander

MANY homeowners faced with foreclosure are often encouraged by attorneys to file a Chapter 13 bankruptcy to save their home. This is because bankruptcy has the extremely powerful weapon of the automatic stay that stops all creditors, including the banks, from proceeding against the debtor outside of the bankruptcy setting. The automatic stay can even stop a foreclosure sale at the last minute.

However, in some situations may not be necessary to save the family home. It is our firm’s philosophy to explore every available option to save the home before considering filing a bankruptcy. Only if it is absolutely necessary to prevent a foreclosure and it is in the best interest of the client do we recommend bankruptcy. Only when absolutely necessary is bankruptcy considered, such as dealing with a few lenders unwilling or unable to negotiate new mortgage terms, payments or rates, or being unable to qualify for the various mortgage programs.

Is Bankruptcy the Right Solution to Save Your Home?

Wednesday, 07 October 2009 22:34 Atty. Joel R. Bander

Many homeowners faced with foreclosure are often encouraged by attorneys to file a Chapter 13 bankruptcy to save their home. This is because bankruptcy has the extremely powerful weapon of the automatic stay that stops all creditors, including the banks, from proceeding against the debtor outside of the bankruptcy setting. The automatic stay can even stop a foreclosure sale at the last minute.

You may be a citizen and not know it!

Thursday, 01 October 2009 00:42 Atty. Joel R. Bander

You are probably wondering how it is possible for a person to be a US citizen and not know it. Someone who is a naturalized citizen would probably remember the process she had to go through to get her certificate of citizenship, after waiting for five (or three if a spouse of a citizen) years from becoming a permanent resident, filing an application and paying the fee, being interviewed by an Immigration officer, and taking the Oath of Allegiance.Many individuals born abroad acquire US citizenship without knowing it. Citizenship may be conferred on a child born abroad and without need of filing for naturalization in either two ways. One is through derivative citizenship or automatic acquisition, which is citizenship derived by a child after birth through the naturalization of a parent. The other is through citizenship by descent or transmission at birth, which is the case for children born to citizen parent(s).

Resurrecting the dead: Humanitarian reinstatement of I-130 petitions

Thursday, 23 July 2009 01:36 Atty. Joel R. Bander

(1 vote, average: 5.00 out of 5)

The long waiting time for immigrant visa processing is an issue of important interest to Filipinos. The Philippines is one of the countries with the highest numbers of immigrants in the United States and longest waiting time period for immigrant visa processing. While visa numbers are immediately available to spouses, parents, and minor children of US citizens, other relatives of citizens and immigrants generally wait several years ranging from five to 22 years before they could immigrate into the United States.

A serious problem posed by the lengthy visa processing is the possibility of losing the petition when the petitioner dies before the beneficiary is granted the visa. Under the regulations, when the petitioner dies, an approved I-130 petition is automatically cancelled by operation of law. Thus, even if the petition has been approved and the beneficiary is only waiting to receive the immigrant visa, the petition automatically dies with the death of the petitioner.

Resurrecting the Dead: Humanitarian Reinstatement of I-130 Petitions

Thursday, 02 July 2009 22:10 Atty. Joel R. Bander

(2 votes, average: 5.00 out of 5)

Resurrecting the Dead: Humanitarian Reinstatement of I-130 Petitions

Wednesday, 01 July 2009 22:02 Atty. Joel R. Bander

The long waiting time for immigrant visa processing is an issue of important interest to Filipinos. The Philippines is one of the countries with the highest numbers of immigrants in the United States and longest waiting time period for immigrant visa processing. While visa numbers are immediately available to spouses, parents, and minor children of US citizens, other relatives of citizens and immigrants generally wait several years ranging from 5 to 22 years before they could immigrate into the United States.

Resurrecting the dead: Humanitarian reinstatement of I-130 Petitions

Sunday, 28 June 2009 21:35 Atty. Joel R. Bander

THE long waiting time for immigrant visa processing is an issue of important interest to Filipinos. The Philippines is one of the countries with the highest numbers of immigrants in the United States and longest waiting time period for immigrant visa processing. While visa numbers are immediately available to spouses, parents, and minor children of US citizens, other relatives of citizens and immigrants generally wait several years ranging from five to 22 years before they could immigrate into the United States.

Obtaining travel documents from USCIS

Tuesday, 09 June 2009 23:06 Atty. Joel R. Bander

AS EVERYONE should be aware, when you file for adjustment of status you cannot travel outside of the United States until CIS approves your application. Considering the slow processing times applicants should seek to avail of Advance Parole in order to be able to travel internationally.

Advance Parole enable aliens currently in the United States to re-enter while the application for adjustment of status is still pending. Aliens in the United States are not eligible for Advance Parole if they are in the United States illegally and are an exchange alien subject to the foreign residence requirement. The Advance Parole, however, does not guarantee admission into the US Aliens with Advance Parole are still subject to the immigration inspection process at the port of entry.