Asian Journal- The Filipino-American Community Newspaper

Sunday
Nov 22nd
Text size
  • Increase font size
  • Default font size
  • Decrease font size
This site is best viewed with Firefox 3, Safari 3 and Internet Explorer 7
Home Immigration Atty. Joel Bander

Atty. Joel Bander

Your aged-out child may still be eligible for a Green Card

(Part 3 of 3)

Retaining the classification of a child makes the petition process easier and faster. Insuring your children do not "age out" and lose their chance for a visa is a critical concern for any immigrant parent. The Child Status Protection Act (CSPA) can be very helpful, but not always. There are many scenarios where CSPA may or may not apply for the beneficiaries of US Citizens and lawful permanent residents (LPR or green card holders), as discussed in the previous week’s column. Here are more scenarios that may assist you.

Read more...
 

Your aged-out child may still be eligible for a Green Card (Part 2 of 3)

HOW do children of US Citizens and lawful permanent residents benefit from the Child Status Protection Act (CSPA)? Last week’s column contained a general overview of the purpose of CSPA and highlighted the importance of retaining the classification of a "child". This week will discuss common scenarios involving CSPA with the hope of giving clarity to readers.

Read more...

Your aged-out child may still be eligible for a Green Card

(Part 1 of 3 series)

WAS your child denied a visa because he or she already aged out or reached 21 years old at the time of the visa application? Your aged-out child may still be eligible to apply for an immigrant visa or adjust status to a permanent lawful resident under the provisions of the Child Status Protection Act (CSPA).

This Q&A aims to give readers an overview of CSPA, with the hope that those who have aged-out children may be able to better understand its provisions and how it can be of benefit to them. The next two parts of this series will cover common scenarios where CSPA may or may not apply.

Read more...

When moral character is an issue in naturalization

MOST people apply for a green card with the ultimate goal of becoming a US citizen someday. Certain benefits are granted to citizens that are not available to green card holders, such as the right to vote in federal elections, right to obtain citizenship for children born abroad, eligibility for federal jobs, and right to become an elected official.

The process of conferring citizenship on a person is called naturalization. To be eligible for naturalization, the following requirements must be met: (1) must be a lawful permanent resident for 5 years, or 3 years if applying based on marriage to a US citizen; (2) must be physically present for at least one-half of the 5-year or 3-year period; (3) must be 18 years or over; (4) must have resided for at least 3 months in the state where the application is filed; and (5) must meet the good moral character requirement for 5 years prior to filing the application.

Read more...

Changing employers while on an H-1B Visa

Are you feeling tied down to your current job because of your H-1B visa? Did you receive a job offer from a different company but don’t know what to do? The fact is: you CAN change employers while on an H-1B visa! What is important is that you and your employer follow the correct procedure necessary to do this.

Fortunately, the American Competitiveness in the Twenty-First Century Act (AC21) was enacted into law in 2000 and allows H-1B portability. This means that alien with an H-1B visa has an opportunity to move to a different employer. It does not mean that your visa is transferred from one employer to another. The new H-1B employer must first file a new Form I-129 petition for the alien before he or she begins working for the new employer. The application will include the alien’s pay stubs as evidence that there will be no gap in employment. There cannot be any gaps in employment. Oftentimes, employers/employees make a mistake of not filing the petition before the employee starts working for the new company. Failure to do so may lead to the revocation of an alien’s H-1B visa.

Read more...

Moving to the US: The L-1 Visa

(1 vote, average: 5.00 out of 5)

If you are working abroad and your company has an office in the US or is planning to expand its operations into the US, the L-1 visa may be available to you.

The L-1 visa is a non-immigrant visa designed to facilitate temporary transfer of foreign companies’ managers, executives, and specialized knowledge workers to the US to work in the same capacity with an office of the same employer, its parent, branch, subsidiary, or affiliate. Also known as Intracompany Transferee visa, this visa may be used not only by already established US companies, but also by start-up, establishing companies petitioning for foreign employees to open and develop a new business in the US.

Read more...

Streamlined inquiry process for EB I-485/I-140

Good news for beneficiaries of Employment-Based (EB) immigrant petitions with cases pending with the Texas Service Center (TSC)!

TSC has introduced a new streamlined inquiry procedure that is available to attorneys who are members of the American Immigration Lawyers Association (AILA). Through this procedure, AILA members can facilitate TSC processes relating to identification of EB I-485 applications and I-140 petitions through the email address Streamline.Tsc@dhs.gov.

Read more...

Obtaining travel documents from uscis

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.

Read more...

Powerful tools for homeowners in distress

A recent study has concluded that about 27 percent of the nation’s homeowners owe more to their lenders than their home is worth, known in industry jargon as being ""upside down" or "under water" on their mortgages. This has caused widespread distress to millions of homeowners. As the country’s economy continues to trend towards an uncertain future, more and more people are experiencing the onslaught of what is the most virulent mortgage crisis in US history. Foreclosures are at an all-time high, while home prices have plunged by up to 50 percent in some high-growth areas of California, Nevada and Florida.

The federal and state governments both realize that something must be done to avert a more serious crisis from threatening the stability of the broader economy. Banks and other financial institutions have been thown a lifeline by the recent $840 billion bailout package passed by Congress, but until now, the average homeowner who is "upside down" or "under water" has not been offered any solutions to help them remain in their homes. Many believe that the only solution is to mail in their keys to the lenders and walk away from their homes. This has created a whole new group of homeowners, known in the mortgage industry as "walk aways."

Read more...
Page 3 of 4

FASO-PASKO

Click Here 

Balikbayan Magazine Issue 9 Vol. 1 November

AJTV