Posible bang magka-giyera ang mga kalapit na bansa ng Pilipinas (tulad halimbawa ng Tsina, Vietnam, Taiwan, Malaysia at Brunei) kaugnay sa isyu ng rehiyon sa West Philippine Sea— Spratly Islands?
Ang tensiyon sa West Philippine Sea ang laman ng mga balita nitong nakaraang linggo sa Pilipinas. Narito ang balitang lumabas sa Philippine Daily Inquirer: “Expressing grave concern over repeated Chinese fishing incursions in the West Philippine Sea (South China Sea), the Department of Foreign Affairs asked China to “stop all intrusions and respect our territorial sovereignty and sovereign rights.”
Hindi lamang nitong nakaraang mga araw na nagkaroon ng tensiyon sa nasabing teritoryo. Maging ang Vietnam ay nag-protesta na rin sa panghihimasok ng mga barkong pangisda ng Tsina sa rehiyon. Napabalita rin na nagsasanay at nagpapalakas ang sandatahang Tsina sa direksyon ng pinagtatalunang teritoryo.
Bagamat ang mga pulo-pulong isla at coral reef sa pinagtatalunang karagatan ay walang katutubong naninirahan, ipinapalagay ng mga eksperto na mayaman sa deposito ng natural gas at langis ang nasabing lugar. Mahalaga rin ang lugar na ito sa ruta ng mga sasakyang-pandagat, sa pangingisda, at maging sa turismo. Kaya’t nagkaka-interes ang mga kalapit na bansa ng Pilipinas sa pag-angkin sa pulo-pulong lugar. Hindi lamang sa usaping diplomasya at pakikipag-ugnayang bayan inaayos ang isyu sa Spratly Islands, nagkakaroon na rin ng paghahanda sa lakas-sandatahan o armadong pwersa ang mga bansang interesado sa Spratly Islands, kasama na nga rito ang Tsina.
Kahit dehado sa kagamitan at kasanayan sa puwersang pandagat ang Pilipinas, sinisikap ng pamahalaan ni Presidente Benigno Aquino III na tumindig para sa kasarinlan at teritoryo ng Pilipinas. Ipinapakita ng Pilipinas na nakahanda rin ang bansa na ipagtanggol at ipaglaban ang kanyang teritoryo, kaya’t naka-posisyon ang Philippine Navy para bantayan at manmanan ang mga nagtatangkang manghimasok mula sa ibang bansa.
Hindi lamang iyan. Nakikipag-usap din ang Pilipinas sa Estados Unidos hinggil sa isyung ito. May malaking interes din ang Amerika sa kahihinatnan ng pag-aangkin sa nasabing mga teritoryo. Nababahala rin ang Tsina sa masugid na pagtutulungan ng Amerika at ng Pilipinas. Kamakailan lamang, napabalita na nagpunta si Philippine Foreign Affairs Secretary Albert del Rosario sa Amerika upang pag-usapan ang pagtutulungan ng dalawang bansa.
Ayon pa rin sa balita “the Philippines and the United States are due to begin joint annual war games to boost its military alliance amid fears of China’s growing power in the region.” Ito ang tinatawag na “Balikatan,” ang ginagawang taunang pagsasanay ng puwersang sandatahan ng Pilipinas at Amerika. Noon, sa Mindanao lamang ginagawa ang war exercises, pero ngayon, sa Palawan ito gagawin, na malapit sa teritoryo ng Spratly Islands.
May mga tumutuligsa at nagpro-protesta sa ginagawang pagtutulungan ng Amerika at Pilipinas sa pagsasanay sa giyera. Sa hanay ng makabayan at aktibistang Pilipino, hindi raw mapagkakatiwalaan ang Amerika. May malagim na karanasan na kasi at hindi magandang halimbawa sa ating kasaysayan ang pagbibigay ng tulong o pakikipagtulungan ng Amerika sa hukbo ng Pilipinas. Unang nangyari ito noong 1898 laban sa Espanya, na naging daan ng pananakop ng Amerika sa Pilipinas. At noong panahon ng giyera laban sa Hapon, nag-urong-sulong muna ang bansang Amerika bago nito desisyunang palayain ang Pilipinas sa pananakop ng Hapon.
Nitong Linggo, lumabas sa San Francisco Chronicle ang ganitong balita: “Left-wing protesters in the Philippines have splattered paint on the seal of the U.S. Embassy to demand a pullout of American troops taking part in annual war games.”
Sa nasabing balita, malinaw na tinutukoy lamang ang mga aktibista sa mga tumututol sa pagtutulungan sa pagsasanay sa giyera ng Amerika at ng Pilipinas. Ano naman kaya ang pulso ng nakararaming Pilipino sa usaping ito? Ano kaya ang pulso ng mga imigranteng Pilipino sa Amerika? Sang-ayon ba ang marami sa atin sa pagtutulungan ng Amerika at ng Pilipinas? Kung sakali (huwag naman sanang mangyari ito), haharapin ba nating mga Pilipino ang hamon ng Tsina (o maging ng ibang bansa tulad ng Vietnam at Malaysia) sa puwersang sandatahan? Nakahanda ba ang Pilipinas na makipag-giyera para sa pagtatanggol nito sa kanyang teritoryo at kasarinlan?
Hanggang sa susunod na linggo po!
Si Jojo Liangco ay isang abogado sa tanggapan ng Law Offices of Amancio M. Liangco Jr. sa San Francisco, California. Ang kanyang praktis ay hinggil sa mga kaso sa linya ng immigration, family law, personal injury, bankruptcy, business law, DUI cases, criminal defense at traffic court cases. Ipadala ang inyong mga komentaryo kay Jojo Liangco, c/o Law Offices of Amancio “Jojo” Liangco, 605 Market Street, Suite 605, San Francisco, CA 94105 o tumawag sa telepono (415) 974-5336.

Dear Atty. Lou,

I am on a student visa and my status will expire on June 30, 2012. My employer, who I currently worked for right now as an intern, is willing to petition me for a professional working visa or the H1B visa. I was told that the H1B visa will not be available until October 1, 2012. Do I have to leave the country and get my working visa at the U.S. Embassy in Manila? I do not wish to stop working because I am afraid that the position that is offered to me will be given to someone else. Please advice on what I can do.

Jer

Dear Jer,

Unlike other nonimmigrant visa holders, foreign students are afforded the benefit of a “cap-gap” relief under the H1B regulations. This means that despite expiration of an optional practical training or the employment authorization, the student may still be considered “in status” and continue working if a valid change of status to H1B is filed.
As a student you are concern about losing your job if you leave the United States, but actually, the cap gap regulations also is aimed at protecting, in a certain way, the employer by preventing the major disruption at workplace by your absence.
To avail of the cap gap relief, you should request your employer to file for a petition for H1B on your behalf before June 30, 2012. It is important that this petition is timely filed. Since there are no available H1B visas until the next fiscal year, your employer should ask for a start date of October 1, 2012. To be covered by the cap-gap relief, you should not violate the terms and conditions of your non-immigrant status.
After filing of your H1B visa petition, you need to see your school official and obtain a new I-20 to reflect the extension of your valid immigrant status. As soon as the H1B visa petition is approved, you are then lawfully changed to an H1B visa holder.
It is important to note that the position for which you are offered is an H1B visa occupation, which requires a specialized skill. Your employer should also be committed to paying you the prevailing wages as represented in the Labor Condition Application. Approval of the H1B visa is important so that you will not fall out of status.
In the worst case scenario that your H1B visa is denied, rejected or revoked, there is a 60 day grace period for you depart from the United States. This 60 day period does not apply if the denial is due to discovery of status violation, fraud or misrepresentation. If such is the case, then you are required to leave the United States immediately.
I hope that the above information is helpful.

Atty. Lou

(Lourdes Santos Tancinco Esq .is a partner at the Tancinco Law Offices, a Professional Law Corp. Her principal office is located at One Hallidie Plaza, Suite 818, San Francisco CA 94102 and may be reached at 415 397 0808 or at 1 888 930 0808, email at law@tancinco.com. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You may submit questions to law@tancinco.com).

If you received Form 1099c from your lender because of foreclosure, short sale, loan modification or debt settlement, the general rule is it is a reportable income. There are however few exceptions that may apply. The exceptions are Home Affordable Loan Modification Program reduction of debt on principal residence. The other exceptions are Bankruptcy and Insolvency.
Question: My second home has been foreclosed and I received a Form 1099c from the bank for the difference between the amount I owe and the fair market value of the house. Should I file for bankruptcy?
Answer: Yes. The best way to resolve the issue that you made an income on the forgiven indebtedness is to consult with a bankruptcy attorney who will evaluate if you need to file bankruptcy.
Question: I was given a Form 1099c by my lender for the forgiven debts as a result of debt settlement. Should I file for bankruptcy?
Answer: The debt forgiven as a result of debt settlement is also a taxable income. You must consult with a bankruptcy attorney if you need to file bankruptcy.
Question: How may I qualify for the Insolvency exception?
Answer: Insolvency means you have more liabilities than asset or property. You need to figure out how much you are insolvent to determine how much you can exclude from income. Do not include a canceled debt in income to the extent that you were insolvent immediately before the cancellation. You were insolvent immediately before the cancellation to the extent that the total of all of your liabilities was more than the Fair Market Value of all of your assets immediately before the cancellation. For purposes of determining insolvency, assets include the value of everything you own (including assets that serve as collateral for debt and exempt assets which are beyond the reach of your creditors under the law, such as your interest in a pension plan and the value of your retirement account). Liabilities include almost everything you owe.
Question: How should I report my Form 1099c based on insolvency in my tax return?
Answer: The analysis is complicated and require legal background. You need to consult with a bankruptcy attorney to help you how to report the Form 1099c cancellation of debt based on insolvency.
Question: I filed bankruptcy after my second home was foreclosed and I still got a Form 1099c for the cancelled debt. Should I include this as taxable income?
Answer: If you already filed for bankruptcy, you qualify for the exemption but still you have to report in your income tax return the amount of forgiven debt that is exempt from income tax because of your filing bankruptcy. You should consult with a bankruptcy attorney to help you report this matter in your tax return.
Note: This is not a legal advice an you should consult with a bankruptcy lawyer about your specific situation. Our Law Office has successfully represented clients who were given Form 1099c for cancelled debts.
Bankruptcy News
1. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
2. Collection actions continue and you can be sued if you are in debt settlement.
3. Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
4. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
5. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
6. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
7. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
Immigration News
1. On April 2, 2012, we received an approval from the Immigration Court for an adjustment of status for a client who was ordered deported before. We immediately appealed the case to the Board of Immigration Appeals (BIA) and the appeal was sustained. The BIA sent the case back to Immigration Court that ultimately approved the case.
2. On March 30, 2012, we received an approval for Adjustment of Status Application for a client whose petitioner died before the adjustment of status was processed based on INA Section 204(l). Our client resided in the US at the time of death of her US citizen father and continuously resides in the US up to the present.
3. On February 10, 2012, we received from USCIS Administrative Appeals Office an approval of I-601 waiver of misrepresentation for entering under a different name. The green card was issued immediately thereafter.
4. On December 22, 2011, we received an approval of a waiver of misrepresentation from the Immigration Court for an alien who entered as single but actually married. The alien is now a U.S. citizen.
5. On October 25, 2011, we received an approval of adjustment of status for an alien who was originally deported in absentia. After a series of appeals and motions the case was reopened and the green card was issued.

Crispin Caday Lozano was born in the Philippines and a naturalized U.S. citizen. He is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys. He specializes in immigration law and bankruptcy law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a Certified Public Accountant, a Real Estate Broker and a Bachelor of Business Administration Cum Laude graduate. He has offices in Hayward, and San Jose, California. You can contact him at 1-877-456-9266. Email questions to LozanoLawOffice@crispinlozanolaw.com/. Visit our website at www.crispinlozanolaw.com/

Question: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse has died?
Answer: Possibly. This can be done through Form I-360. The widow/widower must have been married for at least two years prior to the spouse’s death. Further, they must show that the application is being filed within two years of the spouse’s death and that they were living together.
Q: What if the United States citizen spouse dies before two years of marriage?
A: The answer to this question depends on where the person resides. In the Ninth Circuit (California follows the laws of Ninth Circuit), if the United States citizen spouse dies after filing the spousal immediate relative (Form I-130) and after the person has filed for the green card (Form I-485), but before there is a final decision on the spousal immediate relative, the spousal immediate relative can still be approved. Freeman v. Gonzales, 444 F.3d 1031 (9th Cir. 2006). It must be shown that the marriage was a bona fide marriage, one not entered into for gaining immigration benefits. But, if the green card application was not filed before the spouse died, then the spousal immediate relative will be denied.
Q: Is it possible for someone to apply for the green card if she was married to a United States citizen or Legal Permanent Resident if the spouse is still alive, but has been abusive and is refusing to help with immigration paperwork?
A: Yes. This can be done through Form I-360. You will have to send in documentations and affidavits to prove that you were abused by the United States citizen/Legal Permanent Resident spouse.
Q: Does the abuse have to be physical?
A: No. The abuse can be physical, mental and/or emotional. You must be able to prove this. A letter from a psychologist, psychiatrist, or therapist would be extremely helpful.
Q: Can the widow or abused individual marry someone else while the I-360 is pending?
A: No, the individual cannot marry until the Legal Permanent Residence status has been granted.

Monica Ganjoo has been serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.

Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500

Bakit nga ba ang tawag natin sa Holy Week o Semana Santa ay Mahal na Araw? Bakit hindi “Banal o Sagradong Linggo?” Hindi ba katumbas ng banal o sagrado ang “holy” sa Ingles o “santa” sa wikang Espanyol naman?
Gayun pa man, mayroon tayong Lunes Santo, Martes Santo, Miyerkules Santo, Huwebes Santo, at Biernes Santo na pawang halaw sa Espanyol, at sa Ingles naman ay Holy Monday, Holy Tuesday, Holy Wednesday, Maundy Thursday at Good Friday. Ang “Maundy” ay “santo” din sa Espanyol, habang ang “good” ay bueno naman sa nasabing wika. Bakit hindi natin tinatawag na “mahusay” o “magaling” ang Biyernes tulad ng “Good Friday?”
Sinimulan ko ang pagtatanong sa katawagan natin sa Semana Santa, Holy Week, at Mahal na Araw, dahil sa mga araw na ito, lalo na sa ating mga Romano Katolikong imigranteng Pilipino na lumaki sa Pilipinas, naaalala natin ang kaibahan ng tradisyon at pag-oobserba sa mga nasabing araw sa Pilipinas. Sumasariwa sa atin ang mga imahe o larawan ng mga kinagisnang tradisyon at pagpe-penetensiya sa ating tinubuang bayan. Maging sa mga kaibigan ko na matagal ng nanirahan sa Amerika, hinding-hindi nila makalimutan ang kuaresma sa Pilipinas.
Isa pa nga palang katawagan natin ang “kuaresma.” Ang kuaresma o ang Lent (o Lenten Season) ay ang tinutukoy nating Mahal na Araw. Ang salita ay mula sa Espanyol na “La Cuaresma” na hinango naman sa salitang Latin na “quadragesima,” na ang ibig sabihin ay pang-ika-apat-na pung (40) araw. Sa bibliya, madalas nababanggit ang numerong apat-na-pu o 40. Sa paggamit ng kuaresma, tinutukoy nito ang apat-na-pung-araw na pag-aayuno o “fasting” sa liblib ni Hesu Kristo. Sa tradisyon ng ilang Kristiyano, ito ay magmumula sa “Abo ng Miyerkules” (Ash Wednesday) hanggang Huwebes Santo.
Ayon sa mga eksperto sa bibliya, ang paggamit daw ng apat-na-pu o 40 ay katumbas ng mahabang-mahabang panahon na may misteryo, tulad sa pagtukoy sa apat-na-pung (40) araw na pananatili ni Moses sa Bundok ng Sinai, o higit na kilalang “40 days and 40 nights” na ulan na nagdulot ng dambuhalang baha sa panahon naman ni Noah.
Sa Kredo ng Nicene (gayun din sa Apostle’s Creed), may linya na nagbabanggit ng ganito: “For our sake he was crucified under Pontius Pilate; he suffered death and was buried. On the third day he rose again in accordance with the Scriptures; he ascended into heaven and is seated at the right hand of the Father.” Ipinapalagay na tinutukoy nito ang araw mula sa Biyernes Santo, Sabado de Gloria, at Pasko ng Pagkabuhay (Easter Sunday). Gayun pa man, tumutukoy din daw ito sa apat-na-pung (40) oras na si Hesus ay nasa libingan, mula alas-tres ng hapon ng Biyernes hanggang sa madaling araw ng Linggo.
Balik tayo sa Mahal na Araw. Bakit nga ba ang naging katawagan sa mga Tagalog ay “Mahal na Araw” o sa Kapampangan naman ay “Kaleldo” o “maleldo” (ang araw sa Kapampangan ay aldo)? Ang salitang Lent ay nagmula naman sa wikang Aleman na ang ibig sabihin ay Spring o mahaba (lenz), ipinapalagay na tuwing Spring Season ay humahaba ang araw kaysa sa nakalipas na panahon ng Winter. Sa madaling salita, tumutukoy din ito sa Araw. Sa Pilipinas, wala tayong Spring, pero alam nating lahat na kapag panahon na ng kuaresma, dahil ito ang pinaka-maiinit at ma-araw na panahon ng buong taon. Kaya’t sa aking palagay, ang sikat ng araw ang isang pinagbabatayan sa Mahal na Araw.
Ang pangalawa at higit na mahalaga ay ang “pagturing sa nasabing mga araw.” Ito ay ang sa paggamit ng salitang “mahal” sa wikang Pilipino. Maraming kahulugan ang mahal sa Tagalog. Maaaring ito ay pag-ibig (pagmamahal), hindi mura (may kamahalan), mahalaga o importante, at kakaiba o natatangi. Sa pag-aayuno o pagsa-sakrispisyo na inaasahan sa bawat debotong Kristyano tuwing kuaresma, ito ay isang pagpapakita at pagsasaloob ng pagmamahal sa sakripisyong inihandog ni Hesu Kristo para sa sanlibutan. Ito ay mga araw ng pakikiramay. Sa mga Pampango (o mga Kapampangan), lalo na sa City of San Fernando, ang penintensiyang ginagawa ng ilang kalalakihan doon ay ang tinatawag na “darame” o pakikiramay sa sinapit ni Hesus sa pagbuhat niya ng krus tungo sa Kalbaryo. Ito ay isang uri ng pagpapakasakit. Ang pagpapakasakit ay pagbibigay ng pagmamalasakit. Ang pagmamalasakit ni Hesus para sa sangkatauhan ay ang pamamaraan niya sa pag-aalis ng kasalanan para sa kaligtasan o salvation ng sanlibutan. Kaya’t inaasahan din sa Mahal na Araw ang pamumuhay na “iwas kasalanan” o paghingi ng kapatawaran sa mga nagawang kasalanan at patuloy na pagdarasal sa Poong Maykapal.
Sa madaling salita, ang Mahal na Araw ay ang araw ng pagmamalasakit ni Hesus sa atin, kaya’t kinakailangan ding tumbasan ang pagmamalasakit niya sa atin ng pagmamalasakit natin sa ating kapwa. Ang pagpapakasakit (o sakripisyo) ay tanda ng pagmamahal natin sa Diyos at sa kapwa natin. Maligayang Pasko ng Pagkabuhay po sa inyong lahat!.
Hanggang sa susunod na linggo po!
Si Jojo Liangco ay isang abogado sa tanggapan ng Law Offices of Amancio M. Liangco Jr. sa San Francisco, California. Ang kanyang praktis ay hinggil sa mga kaso sa linya ng immigration, family law, personal injury, bankruptcy, business law, DUI cases, criminal defense at traffic court cases. Ipadala ang inyong mga komentaryo kay Jojo Liangco, c/o Law Offices of Amancio “Jojo” Liangco, 605 Market Street, Suite 605, San Francisco, CA 94105 o tumawag sa telepono (415) 974-5336.

Dear Atty. Lou,

I came here in United States on a tourist visa in November 2007 and I applied for a change of status to an F1 (student) before my 6 months stay here expired. I got approved on my F1 status in 2008. I went to school and studied. I finished my course and got my certificate to teach. I did my practicum for a year (2010-2011) and my employer filed an H1B petition for me and I got approved on December 2011. Currently I am working as a teacher here in California.
I never thought that a visa and a status are two different things. I only found out later. So as of now I have an H1B visa status but I have no visa. How can I get an H1B visa stamped on my passport? I want to travel to the Philippines and be able to return to the United States as an H1B visa holder? I want to visit my sister who is sick in the Philippines this summer and need guidance on what to do. Thank you in advance for your response.

Jessica

Dear Jessica,

It is true that a visa and proof of status are two different things but they are interrelated. This means that you will not be able to obtain a valid and legal status as an H1B if you do not have an approved H1B visa petition.
When a nonimmigrant enters the United States on a temporary visa, this visa may be changed into another nonimmigrant category if you meet all the requirements for the new visa category you are seeking. In your case, you entered as a visitor and then you changed your visitor visa status to that of a student visa. This clearly indicates that the U.S. Citizenship and Immigration Services found you eligible for a student visa resulting in your approval of your request for change of nonimmigrant visa status. To show proof of your approval and valid change of status, a new I-94 is attached to your approved request. In the same manner, when you changed your visa category from student visa (F1) to that of a professional working visa (H1B), the U.S. Citizenship and Immigration Services found you eligible for the visa category you requested. You are now holding a valid I-94 as an H1B visa holder. These I-94s subsequently issued by the U.S.C.I.S. indicates your lawful status in the United States. If you decide to depart for the Philippines you will need an H1B visa stamped on your passport to return to the United States.
Obtaining a visa stamped of your new visa category must be done outside of the United States. For Filipino nationals, they are generally required to obtain it at the consular section of the U.S. Embassy in Manila. Hence, if you are going back to the Philippines, you should schedule for an interview to get your H1B visa at the U.S. Embassy. You need to apply again for the visa and bring all your supporting documents, which include the H1B visa approved petition, the I-129 petition that was filed and all that was attached to the petition. For H1B visa applicants at the U.S. Embassy, the consular officers usually asked for proof that your employer pays you the actual prevailing wage as indicated in the petition that was filed. You should bring your latest tax returns and latest pay stubs. A letter from your employer will also be helpful.
Please note that the consul at the U.S. Embassy will examine your application very closely and it is very important that you submit all required documents and that your U.S. employer complied with all the representations made in the petition. There are H1B visas that are being re-adjudicated at the U.S. Embassy and even the approved H1B petition is not a guarantee that your visa will be issued. Exercise caution and diligence.

Atty. Lou

(Lourdes Santos Tancinco Esq .is a partner at the Tancinco Law Offices, a Professional Law Corp. Her principal office is located at One Hallidie Plaza, Suite 818, San Francisco CA 94102 and may be reached at 1-888-930-0808, email at law@tancinco.com. The content provided in this column is solely for informational purposes only and do not create a lawyer-client relationship. It should not be relied as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You may submit questions to law@tancinco.com)

In a published article in Smart Money, Debt Settlement: A costly escape, it enumerates the dangers of debt settlement or debt consolidation. After verifying the information published from other sources and corroborating the information with my personal experience I summarized the various findings as follows:
1. Many creditors will escalate collection efforts once they know that a debtor is in debt settlement. They will send the account to a collection agency who will file a lawsuit to recover any money. When the creditor takes legal action, the debt settlement companies will likely drop the account because they have to right to give legal advice or to represent a debtor in court.
2. High fees. Debt settlement companies’ charges vary. Some charge a flat fee of $5000 or more. Others charge about 15% to 18% of the total debt. On the other hand some charge about 25% of the savings. In the final analysis, sometimes it becomes more expensive than paying the creditors’ directly.
3. Any debt forgiven must be reported to the IRS as income. If your forgiven debt is $100,000 the federal income tax and state tax could be a staggering $50,000.
4. Some debt settlement companies do not do anything during the first two or more years of your contract. They are accumulating the monthly payments you are sending to their escrow account before starting negotiation. Meantime they are withdrawing their fees.
5. High dropout rates. Many consumers drop out of the contract before the company reaches a settlement with creditors. I have many bankruptcy clients who paid thousands of dollars to debt settlement companies but they have not reached any settlement. This made them to decide to file bankruptcy.
Question: Can I file bankruptcy while in the process of debt settlement?

Answer: If you are in debt settlement you can still file bankruptcy. Bankruptcy can cancel any contract you made on debt settlement without any problem. Filing bankruptcy could take between three to six months to process. Once the case is filed, no creditors will make a collection call or file a case in court because you are protected by the automatic stay of the court.

Question: What are the advantages of filing bankruptcy over entering into debt settlement?

Answer: By filing bankruptcy, you can eliminate all unsecured debts that cannot be eliminated in debt settlement. No creditors can sue you anymore or hold you personally liable on all your unsecured debts. Attorney’s fees are cheaper than fees for debt settlement. If you file bankruptcy, there will be no more garnishment, no long period of negotiation and no reporting of income to the IRS. After your discharge from bankruptcy you can start fresh and begin building your credit which you can improve within one to two years. In debt settlement, you need to be late on payments for about six months before negotiation with creditors can start and you cannot build your credit until all debts are settled which may take years.
Note: This is not a legal advice.
Bankruptcy News
1. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
2. Collection actions continue and you can be sued if you are in debt settlement.
3. Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
4. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
5. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
6. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
7. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.
Immigration News
1. On March 30, 2012, we received an approval for Adjustment of Status Application based on Section 204(l). Our client resided in the US at the time of death of her US father and continuously resides in the US up to the present.
2. On February 10, 2012, we received from USCIS Administrative Appeals Office and approval of I-601 waiver for entering under a different name.
3. The DHS proposed a waiver of inadmissibility for those who entered as crewman, entered without inspection and fiancée who did not marry the petitioner.
4. On December 22, 2011, we received an approval of a waiver of misrepresentation from the Immigration Court for an alien who entered as single but actually married.
5. On October 25, 2011, we received an approval of adjustment of status for an alien who was originally deported in absentia.
6. On September 22, 2011, we received an approval from USCIS for adjustment of status using cross chargeability that enabled the beneficiary to use the worldwide priority date (which is faster) instead of the Philippines priority date.
7. On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was previously denied by USCIS.
8. On July 28, 2011, we received an approval of adjustment of status for an alien who entered the U. S. without valid documents but qualified under Sec. 245(i).

Crispin Caday Lozano was born in the Philippines and a naturalized U.S. citizen. He is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys. He specializes in immigration law and bankruptcy law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a Certified Public Accountant, a Real Estate Broker and a Bachelor of Business Administration Cum Laude graduate. He has offices in Hayward, and San Jose, California. You can contact him at 1-877-456-9266. Email questions to LozanoLawOffice@crispinlozanolaw.com/. Visit our website at www.crispinlozanolaw.com/

Question: What is VAWA Cancellation of Removal?
Answer: VAWA Cancellation of Removal provides a deportation defense to domestic violence victims who are in removal proceedings in immigration court. These individuals are in front of an immigration judge, and the Government is trying to remove them from the United States. While it is not a new defense, many individuals, including attorneys, do not know much about it.
Q: What eligibility do you have to show in order to apply for VAWA Cancellation in immigration court?
A: You must show the following six items: 1) Battery or extreme cruelty by a United States citizen or Legal Permanent Resident (green card holder) or battery to your child if that child is also the child of a United States citizen or Legal Permanent Resident; 2) Physical presence in the United States for three or more years before the VAWA application and notice to appear for removal proceedings (if it can be shown that any absence was connected to the violence experienced, this is not a bar to filing for VAWA); 3) Good moral character while in the United States (there are exceptions for acts or convictions that are tied to the violence suffered by the applicant); 4) Not otherwise inadmissible or deportable under the immigration law; 5) No convictions of aggravated felonies; AND 6) Evidence that removal would result in extreme hardship to the applicant, the child of the applicant, or the parent of the applicant.
Q: Who can apply for the VAWA Cancellation?
A: The following individuals are eligible to apply: 1) Former spouse or child of United States citizen or Legal Permanent Resident, regardless of when death, divorce, or termination of parent-child relationship occurred; 2) Former or current spouse or child of someone who was formerly a United States citizen or Legal Permanent Resident, but has lost that status for any reason; or 3) Individual with child in common with former United States citizen or Lawful Permanent Resident, where the child in common was abused by the United States citizen or Lawful Permanent Resident.
Q: What is the difference between VAWA Cancellation and VAWA I-360?
A: There are several differences. The main difference is that you can apply for VAWA Cancellation only if you are in removal proceedings (in front of an immigration judge). Unlike the I-360, where the decision is to be decided by the Citizenship and Immigration Services, the VAWA Cancellation is to be decided by the immigration judge. VAWA Cancellation can be applied for people that do not qualify for the I-360. The following individuals can apply for VAWA Cancellation, even though they are not qualified to apply for the VAWA I-360: 1) Abused spouse who was divorced for over two years from the abuser; 2) Abused spouse of Legal Permanent Resident who has died or any abused children of a United States Citizen or Legal Permanent Resident parent who has died; 3) Parent of an abused child who was never married to the child’s abusive United States citizen or Legal Permanent Resident parent; 4) Abused stepchild whose immigrant parent has been divorced from the abusive parent for over two years; 5) Abused spouse or child whose citizen parent gave up citizenship or lost Legal Permanent Resident status for over two years; 6) Victims of incest or child abuse who were abused while they were under 21, but failed to file I-360 and who are now over 21; 7) Victims of child abuse who cannot establish that they have resided with the abuser.
Q: What do I have to provide to the immigration court?
A: You must show that you had a relationship with the abuser by providing evidence such as marriage and/or birth certificates, depending on the relationship you had with the abuser. You must provide evidence to prove that you were continuously present in the United States for a period of three years prior to filing your applicant. You must prove that during your stay in the United States, you were subject to extreme cruelty or abuse by the United States citizen or Legal Permanent Resident. You must prove that you are a person of good moral character and that you or your abused child or your parent will suffer from extreme hardship if you are deported from the United States.
Q: What is the most difficult part of the VAWA Cancellation?
A: The most difficult evidence to show in court is that extreme hardship will exist if the applicant is forced to be removed from the United States. The following items can be shown as evidence: 1) The need for access to the United States court system, such as criminal justice system and family courts in order to support child support, maintenance, and custody agreements; 2) The need for medical services not readily available in the country that applicant is to be deported to; 3) The laws or customs in the country that the applicant is to be deported to that would penalize the applicant or his/her children for being domestic violence victims; 4) The abuser’s ability to follow the applicant to the country that he/she is to be deported to; 5) The chance that the abusers family or friends could victimize the applicant or his/her children in the country that the applicant is to be deported to.
Q: What do you do if you are not in removal proceedings (in front of an immigration judge) but you want to apply for VAWA Cancellation?
A: You can turn yourself in to the United States Immigration and Customs Enforcement (ICE) and request to be placed in deportation/removal proceedings. Do NOT take this step without consulting with an immigration attorney. Once you are placed in deportation/removal proceedings, you will then be required to appear in court. At this point, you can apply for the VAWA Cancellation, along with supporting evidence, in order to prove your case. You will then have a hearing. The immigration judge with then decide whether or not to grant you this relief. If granted, you will obtain your Legal Permanent Resident (green card) status. If denied, and you do not have other avenues to becoming legal, then you will receive a removal order.

Most banks and creditors file an action in court to recover money whenever the debtor failed to pay on time. When you are saddled with debts, there will be many creditors filing lawsuit. The purpose of the lawsuit is to recover whatever money the debtor may have in their bank accounts and to garnish money from debtor’s wages. If you are being sued, do not waste your time, immediately contact an attorney to defend you. As a last resort you can file for bankruptcy.
Question: Will bankruptcy eliminate court judgments for money owed?
Answer: Generally, filing bankruptcy effectively eliminates judgments for money owed, tort liability such as liability for personal injury, and other types of general liability. These will include adverse court rulings on loan defaults, nonpayment of credit cards, breach of contract and many others.
Question: Will bankruptcy eliminate liability based on secured debts?
Answer: If you lose your home through foreclosure and there is a deficiency balance on the second or third loan, this balance can be eliminated by filing bankruptcy. This usually happened when you refinanced your house and got some money by getting a second or third loan. This deficiency balance is a contractual liability created by the secured notes, deed of trusts and other loan documents. These documents survive foreclosure and the terms are still enforceable as a contract even though you no longer posses the collateral. The only way to eliminate this type of liability is to file for bankruptcy.
Note: This is not a legal advice.
Bankruptcy News
1. If you are being sued by your creditors, most money judgment can be eliminated in bankruptcy.
2. Collection actions continue and you can be sued if you are in debt settlement.
3. Chapter 7 will eliminate all unsecured debts. If you are near retirement age, you must eliminate most of your debts.
4. Bankruptcy will stop foreclosure actions. If your trustee sale date is 10 days before, you can still file for bankruptcy.
5. If your salary is being garnished, you have a court case about debts or you are being harassed by creditors, bankruptcy can stop garnishment, court cases, harassing creditors and eliminate the debt.
6. Bankruptcy is cheaper, faster and safer than debt settlement which has no guaranteed success.
7. Preserve your health, eliminate stress and live a happy life by eliminating your debts which is the root of all problems.

Immigration News
1. On February 10, 2012, we received an approval from the USCIS Administrative Appeals Office of an I-601 waiver for an alien who entered using a different name.
2. On December 22, 2011, we received another approval of a waiver of misrepresentation from the Immigration Court for an alien who entered as single but actually married.
3. On October 25, 2011, we received an approval of adjustment of status for an alien who was originally deported in absentia.
4. On August 30, 2011, we received an approval from Immigration Court of an adjustment of status for an alien who was previously denied by USCIS.

Crispin Caday Lozano was born in the Philippines and a naturalized U.S. citizen. He is an active member of the State Bar of California, the American Immigration Lawyers Association and the National Association of Consumers Bankruptcy Attorneys. He specializes in immigration law and bankruptcy law. He earned his Juris Doctor at Western State University College of Law in Fullerton, California. He is also a Certified Public Accountant, a Real Estate Broker and a Bachelor of Business Administration Cum Laude graduate. He has offices located in Hayward and San Jose, California. You can contact him at 1-877-456-9266. Email questions to LozanoLawOffice@crispinlozanolaw.com/. Visit our website at www.crispinlozanolaw.com/

Question: What is the Visa Bulletin?
Answer: The Visa Bulletin provides us the priority dates for Family Petitions. For example, if you are a United States citizen and you have filed for a green card for your brother, it usually takes 23 years (11 for other countries; 23 for Filipinos) for your brother to be able to come to the United States with a green card. The Visa Bulletin shows you what date the Citizenship and Immigration Service (formerly known as Immigration and Naturalization Service) is working on. If you filed on April 10, 1993, you have to look at the 4th category of the Visa Bulletin for Philippines, and you will see that CIS is currently working on January 8, 1989. There is a four year difference between these numbers, which means that the estimated time that your brother will be able to come to the United States with a green card through your petition is more or less five years.
Q: What is the First preference category?
A: The First preference category applies to children over the age of 21 of United States citizens. These children must be single. For Filipinos, the priority date for the month of April is June 22, 1997.
Q: What is the Second (A) preference category?
A: This category belongs to spouses and unmarried, single children under the age of 21 of Legal Permanent Residents. For Filipinos, the priority date for the month of April is October 8, 2009.
Q: What is the Second (B) preference category?
A: This category belongs to children of Legal Permanent Residents that are over 21, but are still single. For Filipinos, the priority date for the month of April is December 8, 2001.
Q: What is the Third preference category?
A: This category belongs to married children of United States citizens. If a child of a United States citizen is under 21 but is married, they will fall under this category. For Filipinos, the priority date for the month of April is July 22, 1992.
Q: What is the Fourth preference category?
A: This category belongs to brothers and sisters of United States citizens. These beneficiaries will be able to bring their spouses and all unmarried children under the age of 21 with them. For Filipinos, the priority date for the month of April is January 8, 1989.
Q: What if I am a Legal Permanent Resident, and I filed a family petition for my daughter two years ago when she was 23, and she just got married?
A: When you filed for your daughter, you filed for her under the Second (B) preference category. If you are still a Legal Permanent Resident at the time your daughter got married, your petition for her will be cancelled. However, if you became a United States citizen before your daughter got married, then your petition for her is still valid, but the preference category will be changed from Second (B) to Third.
Q: What if I filed for my son under the Second (B) category, and then I became a United States citizen? Is it true that it will take my son five years longer to come to the United States only because I became a United States citizen?
A: In the past, this was true. However, under Section 6 of the Child Status Protection Act, you can choose to keep your old priority date. You will have to send a letter to the National Visa Center as well as one to the United States Embassy in Manila stating that you wish to keep your old priority dates. Please take note that both petitioner and beneficiary will have to write these letters and the letters must be notarized.
Q: What if I am a United States citizen and I filed for my sister when she was single, and now she is married?
A: Your sister will be able to come to the United States with her husband, and any child that they will have (as long as the child is single and is under the age of 21 at the time of emigration).
Q: Can I file for my parents if I am a Legal Permanent Resident? What about my siblings?
A: No. If you are a Legal Permanent Resident, you may only apply for spouses and single children. You may not apply for your parents, married children, or siblings.
Q: What is the priority date for a United States citizen filing for parents?
A: There is no priority date for spouses, parents, and single children under the age of 21 of United States citizens. This means that it should take less than a year for these individuals to immigrate to the United States (some cases take longer for various issues).

Monica Ganjoo has been actively serving the Filipino community for over ten years. She practices solely immigration law, and has extensive experience in asylum and deportation/removal defense, BIA appeals, 9th Circuit appeals, work visas and PERM applications (previously known as labor certification), adjustment of status, family based visas, consular processing, change of status, citizenships, etc. For a complete list, please visit www.ganjoolaw.com. We offer various payment plans for your convenience and have very reasonable rates. For more information, call Attorney Monica Ganjoo for a consultation.

Monica Ganjoo currently offers a personal consultation for only $25 (telephone consultations also available for $50). If you retain our services, the consultation fee will be refunded back to you. The Staff of Ganjoo Law Offices speak a total of six different languages. For a consultation with Monica Ganjoo, call one of her offices below:

870 Market Street, Suite 340
San Francisco, CA 94102
(415) 495-3710

111 W. Saint John Street, Suite 513
San Jose, CA 95113
(408) 975-0500