(213) 250-9797 • http://www.asianjournal.com Community Journal LA MIDWEEK ASIAN JOURNAL • AUGUST 4-6, 2010 B
Immigration
Edge First opinions and best opinions
the client explaining what must cost initial consultations to pro- without ever receiving proper have been adequately marshaled for creative legal argument, but
be done to achieve the result he spective clients. Unfortunately, consultation on the rules that ap- can an attorney properly consult also potential problems that the
wants and how we get there. many people taking advantage ply to their cases, or how they a client regarding the probable attorney must disclose to the cli-
Atty. DAniel As an attorney, the ability to of such consultations often walk can assist in presenting evidence outcome of a case. The lawyer ent. Sometimes, the client may
HAnlon listen is the only way to truly un- away with a “new case” but no favorable to their cases. will not even be able to identify hear things that he does not want
derstand the client’s goals and idea as to what the attorney has As in any legal analysis, the first the correct rule of law without to hear, however, that client is
THE most important advice I means of attaining them. Despite agreed to do for them or how. step is to identify the issue or is- fully exploring the entire factual better off knowing the truth. Re-
can give to a person seeking le- this seemingly self-evident fact, In this climate of anti-immigrant sues that may prevent or hinder a background. Once an attorney lying on a representative’s so-
gal advice is that the first opinion I provide consultations to hun- lawmaking and increasingly client from obtaining the benefit has correctly identified the issues called “reputation” or “experi-
they obtain is not necessarily the dreds of potential clients every complicated rules governing im- he seeks. Rarely are there no is- and rules, he must then apply ence” is an enormous mistake, as
best opinion. Often, as an attor- year who have gone through life migration and naturalization pro- sues, such that “no problem” will the facts of the case to the rules. these are no substitute for legiti-
ney I am obligated to explain to a day-to-day without any idea as to cedures, people seeking a ben- arise in the case. Of course, in This is the only logical manner mate understanding of today’s
potential client that they are fac- the status of their legal case. Al- efit from the USCIS should make order to identify potential issues, in which to reach a valid conclu- complex rules.
ing bad news. This is not some- most without exception, this cli- sure they understand exactly an attorney must not only under- sion regarding the outcome of ***
thing I enjoy, but the client’s right ent tells me that they always talk how their attorney will handle stand the law, but must take the the case. Proper legal method Daniel P. Hanlon is a California State Bar
to know and my ethical obliga- to the “paralegal” at the law firm their cases. In the vast majority time to sit down with the client requires that an attorney spend Certified Specialist in Immigration and
tions dictate that the client be ac- they hired to get information, be- of consultations I conduct where to make sure the representative the time with the client to gain Nationality Law and a principal of Hanlon Law
curately informed as to any legal cause the lawyer is “too busy.” the client has a case pending understands completely the facts a complete understanding of the Group, PC, located at 225 S. Lake Ave., 11th
and procedural issues they will If I were a client, I would find through another lawyer or “im- of the client’s case. This includes facts, and analyze the case. Floor in Pasadena, California; tel. No. (626)
confront on a particular case. In this type of treatment unaccept- migration paralegal,” the client figuring out where in the process In any case, there are always 585-8005. Hanlon Law Group, PC is a “full-
rendering my opinion, whether able. As a client, you are entitled has absolutely no understand- a particular case has confronted facts that are unclear or more service Immigration Law firm.” E-mail: visas@
it be a first or second opinion on to know your legal rights. More ing of the law, or the procedures or will confront a problem. than one rule which may apply. hanlonlawgroup.com and www.hanlonlawgroup.
a case, I make sure that I under- importantly, you are entitled to that are to be undertaken to suc- Only when the facts of a case These circumstances leave room com (Advertising Supplement)
stand every important piece of know your rights as a client to cessfully obtain the immigration
What to do with
information the client is trying to receive the benefit of the legal benefit sought. Many times,
tell me about their case and past expertise and consultation you this is the reason the individual Barrister’s
experiences with attorneys han- bargained for when you hired the seeks a “second opinion.” Un-
Corner
dling the case. From that point
of understanding, it is my job to
then present a clear road map to
attorney!
Most attorneys practicing Im-
migration Law offer free or low-
fortunately, thousands of people
leave their fate up to the vague
reassurances of their attorney,
conditional greencard status
Atty. KennetH
UrsUA reyes
in troubled marriages
it is granted. submitted as part of the Joint Pe-
MARRIAGE for many persons Step two of the procedure in- tition clearly show that the mar-
is the culmination of one’s life. volves the removal of the condi- riage is bona-fide and not merely
Getting married signifies the be- tional label to permanent resi- for immigration purposes, INS
ginning of a new phase in life, dence status. Removal of the may approve a Joint Petition
Political empowerment is still a treasure that eludes us as a community here in America. While we are the second largest Asian
both socially and economically. conditional label is initiated by without an interview.
American community in the United States, we have yet to harvest the power that comes from our numbers. The Voice of FilAmerica For those persons who lack per- filing an I-751 Joint Petition to The procedure described
features elected and appointed officials – regardless of political affiliation – in the different US states who are of Filipino ancestry. As manent residency in the United Remove Condition to Permanent hereinabove applies in situations
your Filipino American community newspaper, the Asian Journal recognizes the fact that we all have a responsibility towards bringing States and have married a Unit- Residence (“Joint Petition”). The where the marriage has not been
political empowerment to fruition, especially for our future generations. It is our hope to have our voices heard all over America.
ed States citizen, marriage also Joint Petition provides an op- terminated. Often, the Joint Peti-
presents an opportunity to obtain portunity for the United States tion cannot be filed or approved
Sofia Aragon, member of Washington permanent residency. However,
although the opportunity to ob-
Citizenship and Immigration Ser-
vices (“USCIS”) to inquire as to
because the marriage, although
bona-fide when entered into, has
Commission on Asian Pacific American Affairs
tain permanent residency arises the legitimacy of the marriage been terminated by divorce. May
in such situations, one must be after conditional permanent resi- aliens become threatened of fall-
aware of and comply with proce- dence is granted. Accordingly, ing out of status once their mar-
dures in existence to obtain such documentation evidencing that riage is in trouble because the
by Joseph pimentel impact members of the APA status. Due to concerns that per- the marriage was entered into spouse often refuse to cooperate
AJPress community. sons were becoming married to for bona-fide reasons should be or has filed a divorce petition. In
Aragon’s family immigrated United States citizens merely to submitted as part of the Joint Pe- such cases there is still hope and
FIL-AM Sofia Aragon is a to Seattle, Washington from Ma- obtain permanent residence sta- tition. The Joint Petition must be the prospect of obtaining uncon-
member of the Washington nila, Philippines when she was tus, a two-step procedure under filed with the USCIS service cen- ditional permanent residence
Commission on Asian Pacific three years old in 1975. the Immigration Marriage Fraud ter in the 90 days immediately status still remains. A waiver
American Affairs. Appointed on She grew up in Seattle and Amendments of 1986 (IMFA) prior to the second anniversary of the joint petition requirement
December 3, 2009 to a three- earned a BA in Economics from was set up to ensure such status of the granting of conditional may be sought in such cases.
year term by Washington Gov- the University of Washington was given to those only in mar- permanent residence.
and a BS in Nursing from Seattle ***
ernor Chris Gregoire, Aragon riages that are bona-fide and not Typically, upon the filing of the Attorney Kenneth Ursua Reyes was Presi-
is the Vice Chair of the Health University. After working in the entered into simply for immigra- Joint Petition, a one-year exten- dent of the Philippine American Bar Asso-
Committee. health field, she then went on to tion purposes. sion of the conditional perma- ciation. He is a member of both the Family
The Commission on Asian Pa- law school, earning a juris doc- Under step one of the proce- nent residence is granted. The law section and Immigration law section of
cific American Affairs mission torate from Loyola University dure, if a person is petitioned extension affords the USCIS time the Los Angeles County Bar Association. He
is to improve the well being of - Chicago School of Law. by his/her US citizen spouse to schedule an interview with has extensive CPA experience prior to law
Asian Pacific Americans by en- Aside from being a commis- within 24 months after becom- the person seeking permanent practice. Law Offices of Kenneth Reyes, P.C.
suring their access to participa- sioner, Aragon is the Senior Gov- ing married, that person is given residence, and to make a deter- is located at 3699 Wilshire Blvd., Suite 700,
tion in the fields of government, ernmental Affairs Advisor for the only conditional permanent resi- mination as to whether uncondi- Los Angeles, CA, 90010. Tel. (213) 388-1611
business, education, and other Washington State Nurses Asso- dence. Such conditional perma- tional permanent residence will or e-mail kureyeslaw@aol.com. Website
areas. ciation that represents over 15,000 registered nent residence status lasts for be granted for a ten-year period. kenreyeslaw.com
Commissioners are responsible for upholding nurses and nurse practitioners in the state. two years from the date on which In cases in which documentation (Advertising Supplement)
the mission statement and to educate members Prior to this position, she was the Legislative
of the APA community about laws that may af- and Policy Manager for the Community and Fam-
fect them and to advise the governor, legislators, ily Health Division at the Department of Health,
and state agencies about laws and how it may according to her bio. n
Tens of thousand of immigrants…
PAGE B1 t process, changing or extending EB-5 scheme as “underutilized,”
sues NTAs for some cases where one’s status becomes problem- collaboration with the Depart-
it knows a person is in the coun- atic. Under Section 214(b) of ment of Commerce is proposed.
try illegally, but in other cases, it the Immigration and Nationality The EB-5 program allows cer-
does not issue NTAs. Sometimes, Act, immigration authorities may tain immigrants who have made
it appears there is no rhyme or deny such extensions or changes investments in US business and
reason for the issuance of NTAs. of status if the Green Card is in created 10 jobs to apply for a
As a result, immigration courts process. The Memorandum’s Green Card (or, Immigrant Visa
are overtaxed, and immigrants proposes expanding the con- if abroad). However, the job cre-
must face an Immigration Judge cept of the dual-intent doctrine, ation goals of the EB-5 program
when they should not need to. The would ease the burden on cer- have not been fully realized as the
Memorandum envisions a more tain nonimmigrants undergoing program remains largely under-
strategic, humane, approach on the adjustment of status process utilized. A better use for program
the part of USCIS. Namely, the or undergoing temporary travel is envisioned, making the pro-
Memorandum discusses USCIS abroad. gram more accessible to foreign
not issuing NTAs for individuals Extension of Time to Depart investors through administrative
who would probably lose their for Certain Workers and Their efficiency and promotion.
case in court, if those individuals Dependents – An extension of While it is not clear if or even
do not have any significant immi- the “grace period” for certain when any of the above-refer-
gration or criminal history. nonimmigrants is also proposed. enced recommendations will
Recommendations for foster- Currently, many individuals in a become USCIS policy, it is en-
ing economic growth work-permitting status in the US couraging to note that Director
Allow H-1B Dependents to are only allotted 10 days after Mayorkas’ staff is “thinking out-
Earn a Living – The Memoran- conclusion of work status to de- side of the box.” As the nation’s
dum envisions, under certain cir- part the US before classification lawmakers remained embroiled
cumstances, allowing the spous- as illegal. The clear-eyed Memo- in partisan politics, millions con-
es and minor children of H-1B randum recognizes that “the cur- tinue to suffer at the hands of a
status holders (H-4 dependents) rent 10-day grace period is insuf- broken immigration system. US-
to work legally in the US While ficient and should be expanded CIS has the authority to provide
it is not clear when or even if by regulation to permit between administrative relief options for
any of the ideas in the Memoran- 30-90 days for departure…” immigrants, and should not hesi-
dum will become USCIS policy, Flexibility of Work Authoriza- tate in doing so if Congress fails
permissible work status for H-4 tion Documents – The Memo- to act soon.
status holders appears to have randum proposes allowing in- ***
strong support. According to the dividuals who have been issued Atty. Reeves has represented clients in
Memorandum: “USCIS Senior Employment Authorization Doc- numerous landmark immigration cases that
Leaders have already approved uments (EADs) to continue work- have set new policies regarding INS action
this course of action.” ing for up to 240 days after ex- and immigrants’ rights. His offices are located
in Pasadena, San Francisco, Las Vegas and
Allow Students and Others to piration, while a renewal EAD is Makati City.
Maintain Nonimmigrant Status pending. There is also discussion Telephone: (800) 795-8009
While Pursuing Adjustment of of expanding circumstances un- E-mail: immigration@rreeves.com
Status – Individuals in F, P, O, der which a 2-year EAD is issued Website: www.rreeves.com.
TN, E and other nonimmigrant instead of the current, common, ***
categories generally have their 1-year EAD. The analysis and suggestions offered in this column
do not create a lawyer-client relationship and are not
status complicated by applying Expand Visibility and Effec- a substitute for the personalized representation that
for a Green Card. Once such in- tiveness of EB-5 Investment Pro- is essential to every case.
dividuals start the Green Card gram – Referring to the current (Advertising Supplement)
Loan modification denied: How can…
PAGE B2 t pay it based only on how much be possible to save your home
tect your rights. If you qualify, you can afford. This means that but you will never know until
you may be able to file Chapter while you are in Chapter 13, you seek legal help to at least
13 to stop the foreclosure and to you no longer have to pay your find out if other options exist.
consolidate all your delinquent second mortgage and once you To schedule a free consultation,
mortgage payments, property complete your Chapter 13 plan, please call Toll-Free 1-866-477-
taxes, HOA fees and other debts your second mortgage will be 7772. We have offices in Glen-
into one low monthly payment. completely wiped out. In cases dale, Cerritos and West Covina.
If you do this, your regular mort- that I see where the amount of ***
gage payments will resume after the second mortgage is substan- None of the information herein is intended to
your case is filed. If you have a tial ($50,000, $100,000 or some- give legal advice for any specific situation.
wholly unsecured second mort- times even more), this can result Atty. Ray Bulaon has successfully helped
gage (not supported by equity), in significant savings- some- over 4,000 clients in getting out of debt. For
it may be possible to have this thing that even a loan modifica- a free attorney evaluation of your situation,
treated as an unsecured debt in tion cannot do for you. please call Ray Bulaon Law Offices at TOLL
your Chapter 13 (This is called So, if you’ve been denied a FREE 1-866-477-7772.
“lien stripping”) and have you loan modification, it may still (Advertising Supplement)