28 AUGUST 31–SEPTEMBER 6, 2007 • ASIAN JOURNAL PUBLICATIONS (650) 583-6818 • http://www.asianjournal.com BUSINESS
USCIS to Renew Green Cards PERM May Not Lead
HIGHLIGHTS Without Expiration Date LEGAL to a Green Card
RIGHTS dency is soon to follow. This ber of visas issued annually.
store applicants’ biometric gal consequence of failure to is a big misconception. What makes matters worse is
information. The new card renew old green card? PERM was created by the that new DOL regulations give
By Atty. Crispin Lozano will be the modern version Answer: Failure to renew Department Of Labor (DOL). the PERM approval a validity
By Atty. Johnson Lazaro
and will have an expiration g re e n c a rd w o u l d m e a n It has little or nothing to do period of six months. So if
THE USCIS proposed a date, requiring the card to that the person has no legal BE careful. That PERM with your immigration status. you have to wait for years for
rule that will require ap- be renewed periodically. proof of his/her status in the application may not lead to In fact there is a school of your visa, you would have to
proximately 750,000 lawful Question: Can an appli- U.S. Green card is a proof of lawful permanent residency. thought among immigration keep reapplying for PERM
permanent residents car- cant apply for a new card legal stay to live and work in There seems to be a mislead- lawyers that the Immigration which is quite a headache.
rying green cards without before the 120-day filing the U.S. It should be carried ing belief that once you file Service (USCIS) may veto any It is unfortunate that many
expiration dates to apply for period? at all times to avoid fine or for PERM (labor certification) PERM approval. This means are duped by unscrupulous
a new Permanent Resident Answer: Yes. It is ad- imprisonment. you are on your way to a green that even if your labor certifi- attorneys into thinking that
Card. Most of these green visable to apply ahead of Question: Will the old card. Not true. Be sure to ask cation gets approved, USCIS by merely filing for PERM and
cards were issued prior to the filing period because green card still be valid un- the person who prepared your can still deny your application getting certified, your future
1990. early applications will be til the USCIS issues a new PERM application when he or for a “green card.” is safe in the U.S. Nothing
Question What is the pro- processed in a shorter time one? she expects to go to the next There are many who after can be further from the truth.
posed rule? than those filing within the Answer: Yes. The pro- step. The answer you get may getting their labor certifica- Do your homework and ask
Answer: The proposed filing period because of the posed rule would make the not be the one you want. tion approved or certified, are the right questions. Make
rule would require those huge number of permanent old green cards valid until PERM stands for Program not able to get legal immigra- sure you talk to a licensed
carrying green cards with- residents involved. the USCIS announces in Electronic Review Manage- tion status. This is because attorney about this matter.
out expiration dates to apply Question: Would a perma- the Federal Register the ment (PERM) system. This PERM does not address your The stake is too high for you
for renewal within a 120-day nent resident be required to termination date of these old is the new labor certification immigration status. If you and your family. That PERM
period. Afterwards, USCIS surrender his/her original green cards. system. PERM replaces the have been out of status for application you just filed may
will announce the date when green card when applying Question: Should a per- labor certification procedure quite some time, filing for not take you to the “promised
all of the cards without an for a new one? manent resident consider that had been in effect for and getting a PERM approval land.”
expiration date would be Answer: No. Since ap- applying for naturalization more than 25 years. Labor would not prevent you from ***
terminated through the Fed- plicants normally receive rather than renew the old certification requires the em- being removed from the U.S. Atty. Lazaro represents immigrants in
eral Register. permanent resident cards green card? ployer to perform recruitment There are some exceptions all Federal Courts in the United States.
Question:Why is the pro- in a matter of weeks after Answer: Yes. Applying for to test the market place and but by and large, it would be Lazaro and Associates specializes in
posed rule necessary? their appointments, they naturalization is an option prove that the employment a mistake to think that once difficult immigration cases as well
Answer: The USCIS wants would need to retain their instead of applying for a new of the prospective immigrant you get your PERM certified, as business immigration and family
to update cardholders’ infor- old cards until a new one is green card. However, you will not adversely affect the you’re home free. There are unification. The firm’s offices are located
mation, conduct background received. should do it as soon as pos- wages and working condi- other mountains to climb be- in San Francisco, Fremont, Union City
checks, and electronically Question: What is the le- sible to avoid the situation in tions of similarly employed fore you get to the promised California, and Makati, Philippines
which your green card will U.S. workers. land. Telephone (415)278-9577. E-mail:
be considered expired while For many aspiring immi- The other problem is that Law@LazaroLaw.com; Website: www.
your naturalization is in grants the lure of living and if your job position is catego- LazaroLaw.com.
process. As previously dis- working in the U.S. is so invit- rized as “unskilled” labor, you ***
cussed, a green card needs ing that they fail to realize the may end up waiting for years This article should not be taken as legal
to be carried at all times big picture. Unfortunately for to get a “green card” even advice for any individual case or situation.
as proof of legal residence some, true and accurate legal after your PERM is approved. The information is intended to be general
and authorization to work information is hard to find. This is because there are so and should not be relied upon for any specific
in the U.S. There are those who believe many applying under the “un- situation. This is not meant to create a lawyer-
Question: What should that once PERM is filed the skilled” labor category and client relationship.
those affected by the pro- “green card” or lawful resi- there are only a limited num- (Advertising Supplement)
posed law do to contact the
USCIS for comments?
Answer: To comment on
the proposed rule, please
Is This a Good Time
submit written comments
on or before September 21,
to Buy a Care Home?
Mail or Courier: Direc- the idea of buying a care really want to start a care
tor, Regulatory Manage- home, the slow market can home.
ment Division USCIS111 be your bargaining tool to Here are 4 reasons why
Massachusetts Ave., N.W. By Ami Barbara Gan negotiate not only a more buying an existing care home
3rd Floor Washington, D.C. affordable property, but also, at this time might be ideal
Continued on PAGE 30 AS real estate sales con- for the lower sales price for for you:
tinue to decline, care home the business. Due to the - You can buy the real
enthusiasts ponder the prob- downturn in real estate, care estate property at a lower
able timing of venturing into home owners who are seri- price.
this industry. As per DQnews. ous in selling their facility - You can pay a lower busi-
com, a real estate news and are more open to negotiate ness/goodwill price.
data provider, California ho- and lower their business and Remember, it is costly
meowners had the highest goodwill sales price. to start a care home from
number of mortgage default In fact, you can find some scratch, from renovating to
notices in over a decade last care homes in the market that furnishing the facility.
quarter, and had a 32.8% may be near foreclosure. Of- - You can keep the old cli-
home sales decline compared ten the price of the property ents and accept new clients
to its 2006 performance. is already adjusted to its mar- right away.
On the other hand, the ket value resulting in a need Common down fall of new
Department of Health, Ad- for a short sale. Meaning, care homes is waiting for the
ministration on Aging sta- the property is being sold license approval, thus having
tistics shows the continuous less than the actual loan of to pay for the monthly mort-
growth of the elderly popu- the Seller and is brought to a gage without any income.
lation. From 1995 to 2010, current market value. Often, Buying an existing care home
the population of age group lenders are cooperative to saves you time.
85 and over is expected to avoid foreclosure which is - You will have priority in
increase by 56 percent, while usually longer and costlier approval of your license.
age group 65 to 84 will have for them. If you find this op- Licensing will prioritize
an increase of 13%. It is pro- portunity, this can be a good your license over new ap-
jected that between 2030 and purchase for you. Since of- plications because of the
2050, the 85-and-over age ten, sellers may be willing to clients.
group will grow drastically accept lower prices. Thus, the real estate cool
and is expected to increase In these situations, keep in down might just be a good
from 3.6 million in 1995 mind that purchasing a short opportunity for those who are
to 5.7 million in 2010, 8.5 sale property is a bit complex serious in venturing into this
million in 2030, and to 18.2 and timely. You must under- growing industry.
million in 2050. stand that you will need the ***
It is apparent that the final approval of the lender. Ami Barbara Gan operates Gan
elderly industry will have And currently, this process Consulting, a business and care home
growing needs in the coming can take 2 to 6 months with- consulting group. She is also a Realtor
years and the cooling real out the assurance that your with Prudential California Realty
estate market might be good offer is approved. In addition, specializing in Elderly Care Home and
news for a change to care these facilities in short sale Business Investment Properties. You
home entrepreneurs. rarely have clients. There- may also get additional information by
W h e n y o u b u y a c a re fore, you will still need to do visiting www.carehomerealtor.com)
home, you are negotiating some marketing above the ***
with 2 sales prices, first is responsibility of handling This article is for informational purposes
the real property sales price its operation. Though this only and is not intended to be relied upon as
and the 2nd is the business might sound discouraging, legal or financial advice. For further questions
and goodwill sales price. If this kind of sale is actually regarding care homes in California, you may
you’ve been hovering over a sweet deal for those who call (707) 853-6691.
False Claim to US Nationality... ***
Atty. Reeves has represented clients
From PAGE 27 many examiners are taking in numerous landmark immigration cases
an aggressive approach and that have set new policies regarding INS
Even where waivers are avail- asking the alien what he told action and immigrants’ rights. His offices
able, they are by no means the employer in support of his are located in Pasadena, San Francisco,
guaranteed. They require a claim of eligibility to accept Las Vegas and Makati City.
qualifying relative who would employment. These officers Telephone: (800) 795-8009
suffer extreme hardship if are seeking to permanently E-mail: firstname.lastname@example.org
the immigrant were forced disqualify the non-citizen Website: www.rreeves.com.
to leave the U.S. What is a from ever residing in the U.S. ***
qualifying relative? What is Because of the seriousness The analysis and suggestions offered in
extreme hardship? More on of this issue, if you have ever this column do not create a lawyer-client
that next week. filled out an I-9, you must con- relationship and are not a substitute for the
All non-citizens appearing sult a competent immigration personalized representation that is essential
at interviews for immigration attorney or risk being perma- to every case.
benefits should be aware that nently barred from the U.S. (Advertising Supplement)