C AUGUST 29-SEPTEMBER 1, 2009 • LA WEEKEND ASIAN JOURNAL Community Journal http://www.asianjournal.com • (213) 250-9797
PRObleM SOlVeD
Death of a spouse: Immigration expansion of the widow exception
nately they do and under a new filed within 2 years of the pass- pain of losing a loved one com- to the Death of Spouse (Peti- permanent residency but it stop
policy recently released from ing. However, prior to this recent pounded by the loss of the ability tioner) any movement towards removal
US Citizenship and Immigration memo, if you had the same sce- to live in their new home. Pain In this case the I-130 is auto- from the United States and pro-
Services, these options have ex- nario as above but were married because they simply were not matically revoked and the benefi- vides work authorization and per-
panded providing a larger pool of for LESS than two years the peti- married long enough by this ar- ciary must ask for humanitarian mission to travel to the surviving
applicants with an opportunity to tion from the US citizen spouse bitrary rule. consideration as previously men- spouse or the same benefits of
legalize their status. would be automatically revoked Thankfully, that madness has tioned. What is different is the permanent residency.
Atty. KeLLy o’reiLLy If an immigrant marries a US and the only way to save it was now changed. policy memorandum specifically The memorandum went on to
citizen and has been married for a process known as a request for In a policy memorandum is- states that, if a beneficiary cov- address those surviving spouses
IT IS well-known that marriage more than two years and has not Humanitarian Reinstatement. sued July 15, 2009 to immigra- ered by this guidance requests who have been denied previously
to a US citizen, if bona fide, pro- remarried and was not legally This asking for mercy from tion personnel the USCIS an- humanitarian reinstatement, ad- to this new policy and those who
vides a clear path to permanent separated at the time the citizen the Immigration Service predict- nounced that the new guidelines judicators should PRESUME that married a US citizen and never
residency in most cases. But (petitioner) passed away he or ably falls on deaf ears. Though would cover the following indi- humanitarian reasons support a had the opportunity to file be-
what happens when a US citizen she may still save their residency. requiring two years of marriage viduals: 1. A surviving spouse of grant of the request.” Meaning cause of the untimely passing.
spouse dies prior to the approval This Widow exception is accom- to qualify seemed to be an arbi- a US citizen who died before sec- the guideline is absent adverse They are covered and have ben-
of an application for permanent plished by filing a self petition for trary rule it has remained in ef- ond wedding anniversary; 2. who information the case should be efits available to them as well.
residency? Does the surviving permanent residency using Form fect long enough to negatively has not remarried; 3. and was not approved. If you married a US citizen and
spouse have options? Fortu- I-360, as long as the petition is impact thousands who had the legally separated; 4. While living I-130 Pending at the Time of he or she passed prior to your
in the US at time of death. Such Death of Spouse (Petitioner)- grant of permanent residency
Legal liability for
surviving spouses are covered If this is your situation then as go see a qualified and reputable
Debt Relief without restrictions on how long the surviving spouse you should immigration attorney because
the US citizen spouse has been send a copy of the US citizen’s in this time of pain there is new
liens after foreclosure
deceased. Included in this group death certificate to the Immigra- hope.
are intending immigrants who tion Service and the case will ***
have been previously denied. then be held in abeyance which Kelly S. O’Reilly is a principal and a
The memorandum speaks to means that no further action will founding shareholder in the law firm of
her husband lost his job, and the deficiency on the first mort- Wilner & O’Reilly.
could not get another one up to gage because the foreclosure some distinct and specific situ- be taken and the immigrant is not
in danger of being removed from Please contact Kelly S. O’Reilly at (562)
now. They tried to modify the process that was used was ex- ations and how officers should 207-6789 or 1-877-7MABUHAY. Wilner &
first mortgage and did obtain a trajudicial. If the process used handle them, if you fit into one of the United States. O’Reilly, APLC, is located at 17777 Center
reduction of $700 from the mort- was judicial, Chase can still col- these scenarios seek an immigra- When the Immigration Service Court Drive, Suite 200 Cerritos, CA 90703.
lect the deficiency of $100,000 tion professional for help. grants A Deferred Action Re- Visit www.wilneroreilly.com.
Atty. LAwrence yAng gage payment. However, because
Your I-130 is approved prior quest it does not confer or grant (Advertising Supplement)
the household income suffered a on the first mortgage, under
LIENS are claims against real significant reduction, even the normal times. But for a foreclo-
sure happening this year up to
Does filing bankruptcy make
or personal property, which le- reduced mortgage payment did
gally attach to property. A lien not provide sufficient relief, and next year, no deficiency can be MiNDiNG
may be created voluntarily or client has defaulted on the all-3 had on the first mortgage. What YOUR fiNANCeS
sense in your situation?
involuntarily. An example of a mortgages for the last 4 months. happens to the second mortgage
voluntary lien is a security agree- Last week, client received a No- owed to Chase of $100,000? The
ment when you purchase a car tice of default with intent to fore- foreclosure sale did not produce
where you give the car as collat- close. What will happen next? enough money to pay that off, so
from the court. Thus, collec- expenses at the time of filing.
eral for the car loan. An example Eventually, client will lose her client still owes Chase the entire
tion calls, lawsuits, wage gar- The plan proposes a payment
of an involuntary lien is one that residence to foreclosure. From $100,000 for the second mort-
nishments, repossessions and of a fixed amount based on the
emanates from a judgment. The the recording date of the default, gage. What about the Heloc of
foreclosure are stopped imme- debtor’s surplus income and
winning party in a lawsuit can client has 90 days to cure the de- $100,000? It also becomes an
diately. the plan is subject to court ap-
use the judgment to obtain a lien fault. She may cure the default by unsecured debt of $100,000 still
In Chapter 7, secured debts proval. Creditors may object to
that attaches to all of the losing paying up the entire default dur- collectible. Thus, after losing her Atty. rAymond BuLAon such as mortgages, car loans, confirmation of the Chapter 13
party’s properties anywhere in ing the 90 days cure period, or house to foreclosure, client will
WHEN no other means of and debts for appliances, furni- plan based on certain grounds
the United States. For this discus- she can make payment arrange- still owe $200,000 of unsecured
debt relief are available, filing ture and jewelry can be kept if but once the Court approves
sion, we will focus on mortgages ments with Chase to pay up the debt. If the security was lost due
your intention is to keep the col- the proposed plan, it becomes
or trust deeds on real estate such default over an extended period to sale or destruction, the secu- for bankruptcy may be the only
lateral or security for the debt. final and creditors must accept
as a house. of time. If she does not cure the rity agreement or mortgage is way to get out of debt for most
If you are no longer interested it, whether they like it or not.
Client’s residence has 3 mort- entire default or make payment rendered worthless because the people. The good news is that
in keeping the collateral (exam- Thus, this could be a way for you
gages. The first mortgage is arrangements during the 90 days collateral is gone, but the prom- the old stigma associated with
ple: a car), you may surrender to pay creditors on your terms
owed to Washington Mutual, cure period, Chase will set a fore- issory note for the loan remains filing bankruptcy no longer re-
ally exists and most people it to the creditor and owe noth- instead of being forced to pay
now Chase, for $400,000. The closure sale date after the lapse valid.
ing. The Chapter 7 trustee (the more than you can afford.
second mortgage is owed also of the 90 days cure period. The How does bankruptcy provide who file bankruptcy usually re-
person appointed by the bank- Which chapter is appropriate
to Chase for $100,000. Client foreclosure sale date is at least relief to client? Chapter 7 wipes build credit very successfully in
ruptcy court to sell non-exempt for your situation will depend on
bought this property with zero 21 days after the expiration of out the entire $200,000 unse- only 2-3 years. Of course, this
assets) will examine the debtor the facts of your case, the nature
down, 80/20, four years ago for the cure period. During the 21 cured debt to enable client to doesn’t mean that you should
take the decision to file lightly. by asking a few questions and of your debts and your objec-
$500,000. When the value in- days, foreclosure sale can be have a fresh start.
no appearance before the judge tive in filing. For this reason, do
creased to $600,000 three years stopped by a bankruptcy. If no Contact my office if you need Filing bankruptcy is still a very
is necessary. The examination NOT hire an attorney who is not
ago, she managed to get a home bankruptcy is filed during that debt relief. I will analyze your serious decision and is one that
must be made with the expert is usually brief and uneventful. experienced in handling both
equity line as a third mortgage. time, client will lose ownership case personally.
assistance of a knowledge- Creditors may show up at the ex- Chapter 7 and Chapter 13 cases
The Heloc line was used to make over her residence on the fore- ***
Lawrence Bautista Yang specializes in able and experienced attorney. amination but this is usually rare. if you are unsure about which
improvements on the house, to closure sale date. type of bankruptcy to file.
bankruptcy, business, real estate and civil When done correctly, however, Most Chapter 7 cases are no-as-
build a pool, and finish landscap- Let’s pretend that you bought If you are struggling with
litigation and has successfully represented it could be the best decision you set cases and the debtor keeps
ing. Thus, she owed $600,000 of client’s house for $300,000 debt problems and would like to
more than five thousand clients in California. ever made to turn a hopeless everything including the family
mortgages on her residence. Last at foreclosure. Who gets the Please call Angie, Barbara or Jess at (626) situation around. know if bankruptcy is advisable
home, vehicles, bank accounts,
year, the fair market value of her $300,000? The entire $300,000 284-1142 for an appointment at 1000 S. for your situation, let us help
There are 2 basic types of retirement plans, etc. Thus, it is
residence dropped to $300,000, goes to the first mortgage of Fremont Ave., Bldg. A-1 Suite 1125 Unit 58, bankruptcy you understand this process so
for individuals. not as difficult or complicated as
her income was reduced by 10% Chase. Client will not owe Chase Alhambra, CA 91803. that you can make an informed
Chapter 7 bankruptcy allows you some people may think.
due to less hours worked, and the difference of $100,000 for (Advertising Supplement)
decision. For a free consulta-
discharge all outstanding debts Chapter 13, on the other hand,
that you can no longer pay with allows you to pay back creditors, tion, you can call my office at
the exception of certain types of partially or fully, over a 3-5 year Toll-Free 1-866-477-7772. We
debts such as student loans, tax- period under court supervision. have offices in Glendale, Cerri-
es and child support. The pro- For people who are behind in tos and West Covina.
cess begins by filing a “petition mortgage payments, filing for ***
for relief” with the bankruptcy Chapter 13 is also a way to stop None of the information herein is intended
court. Once the petition is filed, foreclosure because delinquent to give legal advice for any specific
situation. Atty. Ray Bulaon has successfully
creditors are automatically pro- mortgage payments can be in- helped over 4,000 clients in getting out
hibited from pursuing or con- cluded in the repayment plan. of debt. For a free attorney evaluation of
tinuing any legal action against The debtor’s attorney puts to- your situation, please call Ray Bulaon Law
the debtor or the debtor’s prop- gether a Chapter 13 plan based Offices at TOLL FREE 1-866-477-7772.
erty unless they get permission on the debtor’s income and (Advertising Supplement)
Tax savings strategies:
bRiDGiNG
fiNANCiAl GAPS
plan now, not later
did not change based on official $13,000 from $12,000 in 2008
IRS releases thus far: (up $1,000). Often overlooked
Personal Exemption and Ex- by people, the gift tax requires
emption For Dependents. In- the gift giver to pay a special
evAngeLine A. giron creased to $3,650 from $3,500 tax on the gift amount if it ex-
(up $150) from 2008, but is ceeds a certain amount per year.
WHILE we approach the last phased out at higher income For 2009, that threshold will be
quarter of the year, this serves levels. bumped to $13,000.
as a reminder that it’s neither Standard Deduction. The Social Security Contribu-
too early nor too late to plan and great majority of American tax- tion and Wage Benefit Base.
strategize your income taxes payers take the standard deduc- Increased to $106,800 from
for 2009. New year brings new tion rather than itemizing de- $102,000 (up $4,800). This
tax laws. Plan now, not later ductions for expenditures such means that 2009 income sourc-
because when the year is over, as mortgage interest, charitable es over $106, 8000 will not be
there is not much you can do contributions, and state & lo- subject to Social Security taxa-
anymore. Quite frankly, tax plan- cal taxes. The standard deduc- tion. With the Social Security tax
ning should take all year long. tion increased to $11,400 from rate at 6.20%, this also means
Tax brackets $10,900 (up $500) for married that the maximum a person will
You might be on your last dol- couples filing a joint tax return, shoulder in Social Security taxes
lar, but it’s not always a reason increased to $5,700 from $5,450 for 2009 is $6,622.
to sing the blues. In fact, in the (up $250) for singles and mar- Traditional and Roth IRA
strange world of taxation, your ried individuals filing separate- Contribution Limits. No change
last dollar could actually put you ly, and increased to $8,350 from from 2008. Despite inflation-
in a higher tax bracket. Put on $8,000 (up $350) for heads of ary pressures that increased tax
your shades, grab your guitar, household. bracket rates across the boards,
and read on. Overall Tax Bracket Thresh- sadly, IRA and Roth IRA contri-
A tax bracket is a range of in- olds. Increased across the board bution limits will be staying the
comes taxed at a specific rate. for all tax filing statuses. This same – stuck at a crappy and
For example, in 2008, the lowest means that if your annual income paltry $5,000 per year for those
tax bracket might be $0-$8,025; did not increase since last year under age 50, and $6,000 per
the second might be $8,026- or if you did not receive inflation year for those 50 or above.
$32,550; the third $32,551- based pay raise, you may likely Roth IRA Contribution Limits
$78,850. When your income pay a little less in taxes in 2009 (Income Threshold) – Increased
moves above or below the range than in 2008. As the IRS notes as to $166,000 from $159,000
limits (from $8,025 to $8,026 for an example on one of its press (up $7,000) for married filing
example), you switch to a differ- releases, in regards to a married jointly couples, and increased
ent tax bracket couple filing a joint return, the to $105,000 from $101,000 (up
Tax brackets are components taxable income threshold sepa- $4,000) for singles and others.
of a progressive income system, rating the 15 percent bracket Should you need to plan and
in which taxes increase progres- from the 25 percent bracket is strategize your taxes, Evange-
sively as income increases. The $67,900, up from $65,100 com- line Giron Financial & Legal
idea is that high-income tax- pared to tax year 2008. Group would be glad to assist.
payers can shoulder the burden Earned Income Tax Credit. ***
of a high tax rate. Low-income Increased to $5,028 from $4,824 Evangeline can be reached at her
taxpayers pay less because they (up $204) for low and moderate marketing location at the Ground Floor of
Eagle Rock Plaza (in front of Jollibee), 2700
can’t afford to pay high taxes. income workers and working Colorado Blvd., Los Angeles, CA 90041 or at
2009 Exemptions families with two or more chil- her business address at 655 N. Central Ave.,
The Wall Street Journal has dren. The income qualification 17th Flr., Glendale, CA 91203, phone number
issued an official IRS table limit to take the earned income (323) 356-3803 or (323) 254-6787.
for 2009 income tax season. tax credit (EITC) for joint return ***
To summarize, here is a run filers with two or more children The purpose of this article is to provide
through of some of the more no- also increased to $43,415 from information of general interest to our clients and
table tax rate changes for 2009 $41,646 (up $1,769). prospective clients. The information provided is
and even a quick blurb about general in nature and should not be considered
Annual Gift Tax Exclu-
complete information on any product or concept
some of the key tax benefits that sion Amount. Increased to described. (Advertising Supplement)