C2 CONSUMER GUIDE OCTOBER 6-9, 2007 • ASIAN JOURNAL PUBLICATIONS • (213) 250-9797 • http://www.asianjournal.com MINDING YOUR FINANCES By Atty. Raymond Bulaon While bankruptcy is not something you like to think about, you may find yourself considering it at some point in your life. Life is not perfect and there may be a time in your life where you may need a second chance to start again after financial disaster. A failed business or marriage, a foreclosure, job loss, disability, illness or sometimes just poor decisions can lead to bankruptcy. The good news is: It’s not the end of the world. There is hope for a “new beginning” available under the law. You don’t have to suffer needlessly. How does bankruptcy work? Declaring bankruptcy involves filing a petition for relief with the Bankruptcy Court. The remedy provided by law is either in the form of a discharge of debts as in Chapter 7 Bankruptcy or a court-approved repayment plan as in Chapters 11, 12 or 13 of the Bankruptcy Code. For most consumers and small businesses, the choice is usually either between Chapter 7 and Chapter 13. When you file for bankruptcy, an auto- How Can Bankruptcy Solve Your Debt Problems? matic stay goes into effect (it is automatic because it arises by operation of law) which prohibits creditors from taking further collection against you absent approval from the Court. In Chapter 7, non-exempt assets could be turned over to a court-appointed trustee who may sell the assets and use the proceeds to pay all or a portion of your debts. Okay, before you panic, let me explain. Some people have the mistaken idea that once you file for Chapter 7, you will lose everything that you have. This is NOT true. As a matter of fact, most people who file for Chapter 7 keep everything that they have- their home, cars, bank accounts and retirement plans. Because the law states which assets are non-exempt in bankruptcy, you shouldn’t be filing for Chapter 7 Bankruptcy, anyway, if significant assets may be lost in the process. Your attorney should explain this to you. If this is the case, a Chapter 13 may be preferable over Chapter 7 and may still allow you to get a handle on your debts by reducing what you owe into one affordable monthly payment. In Chapter 13, a repayment proposal is filed with the Court. Some debts (such as taxes and back child support) must be paid in full, some are repaid as a percentage of the original debt, and other debts are not repaid at all. Payment plans in Chapter 13 are usually 3 years in length but can be as long as 5 years if necessary. The interest on credit cards is reduced to zero and in most cases, only a portion of your total credit card debts is paid. The result is one low monthly payment that you make directly to the Chapter 13 trustee, who, in turn, disburses payments to your creditors each month until your plan is completed. If you have an attorney, you don’t need to appear in court at the confirmation hearing (It is at this hearing where the judge decides to approve or deny your proposed plan) although you will need to appear at least once at a debtor’s examination (conducted by the Chapter 13 Trustee) where you will be interviewed regarding your income and expenses. The debtor’s examination is a short, informal administrative hearing that usually lasts just a few minutes. No judge is present at the hearing. If you are experiencing Continued on PAGE C8 IMMIGRATION FACTS By Atty. Brian Lerner QUESTION: I have a friend who is quite elderly and just has not been able to learn English. Can he ever become a U.S. Citizen? Answer: On September 18, 2007, U.S. Citizenship and Immigration Services (USCIS) released a memorandum giving guidance on the adjudication of Form N-648, Medical Certification for Disability Exceptions. This is the form necessary to begin a process to attempt to waiver the English requirement where the applicant has a medically determinable physical or mental impairment that renders him or her unable to demonstrate a proficiency of the English language or knowledge of U.S. history and government. Question: What are the basic contents of the memorandum? Answer: The memorandum begins by noting that Form N648 be submitted as an attachment to the applicant’s N-400, Application for Naturalization. The memorandum advises that the applicant should submit Form N-648 at the time when the N-400 application is filed, ‘Can I Still Become a Citizen Without Knowing English?’ but that neither the submission of Form N-648 after the filing of the N-400 nor the submission of multiple Form N-648s is, by itself, sufficient grounds to reject a request for an exception. Nevertheless, the submission of late or multiple Form N-648s may raise credible doubts about the veracity of the medical certifications or justify additional scrutiny to ensure the applicant is entitled to the exception unless there is evidence of changed facts or circumstances that would explain the basis for filing multiple forms. Question: What should basically be included in the N-648 package to try to get the English requirement waived? Answer: It should include 1) an explanation of the origin, nature, and extent of the medical condition that is established and documented by medically acceptable clinical or laboratory diagnostic techniques, including a list of the medically acceptable clinical or laboratory diagnostic tests employed in reaching the diagnosis that the applicant has a mental and/or physical condition preventing him or her from learning English; 2) an explanation of how the applicant’s diagnosed medical condition or impairment so severely affects the applicant that it renders him or her unable to learn or demonstrate English proficiency and/or knowledge of U.S. history and government; 3) an attestation that the disability has lasted, or is expected to last, 12 months or longer; and 4) an attestation that the disability is not the direct effect of the illegal use of drugs. Question: What if the adjudicator thinks my friend is committing fraud? Answer: Adjudicators have been instructed that they are not to presume the existence of fraud merely based on the number of applicants who seek a medical examination from a particular medical professional, noting that, applicants of an immigrant community commonly seek the care and services of medical professionals who share the same language, culture, ethnicity, and/or nationality and that this practice is not, in and of itself, an indication of fraud. If the adjudicator has a reason to suspect fraud, the adjudicator is instructed to consult with the Office of Fraud Detection and National Security (FDNS). If the FDNS does not provide a final response within 120 days from the date of the initial interview, the adjudicator is instructed to proceed with the adjudication of the Continued on PAGE C8 How to Successfully File Petition on Behalf of Your Spouse IMMIGRATION UPDATE By Atty. Eugene Palacios TODAY we are going to discuss the various issues that one has to consider when filing an immigrant petition on Continued on PAGE C8 behalf of a spouse. The law allows a lawful permanent resident (LPR) or a U.S. citizen to file a petition on behalf of his spouse. The petition filed by an LPR on behalf of his spouse belongs to the 2nd preference A (F2A) family-based category while the petition filed by a U.S. citizen on behalf of his spouse belongs to the immediate relative (IR) category. According to the visa bulletin issued by the Department of State for October 2007, immigrant visa numbers for the F2A category (Philippines) are available only for applicants whose priority date is earlier than the cut-off date of November 15, 2002. This means that if the case was just filed recently, it will take years before the beneficiary of said petition could file an application to adjust to LPR status or an immigrant visa application. For example: Pamela, an LPR, married Gary, a Filipino national, in Las Vegas. If Pam decides to file a petition on behalf of Gary today, would he be allowed to file an application to adjust to LPR status simultaneously with said petition? The answer is no. Gary has to go home and wait for his priority to become current before he could file an immigrant visa application with the U.S. Embassy. If Gary decides to stay in the U.S. while waiting for his priority date to become current, would he be allowed to adjust to LPR status eventually? The answer is no. Unless Gary is able to find a way to maintain lawful non-immigrant status while waiting for the priority date of his case to become current, he will be considered out-of-status upon expiration of the date indicated on his I94 and will not be allowed to adjust to LPR status later on unless there is a special law, i.e., 245(i), etc., that applies to his case or, unless his spouse becomes a U.S. citizen later on and his case moves from the F2A category to the IR category. In the case of a petition filed LAWKEND SEC-C OCT 6-revisedWITH 2 2 by a U.S. citizen on behalf of a spouse, since the beneficiary belongs to the IR category, the immigrant visa number is readily available and the beneficiary could immediately file an application to adjust to LPR status. In addition, unlike in the case of the beneficiary in the F2A category, an immediate relative beneficiary is generally allowed to adjust to LPR status even if he or she is already out-of-status or has failed to maintain lawful nonimmigrant status in the U.S. What are the things that the petitioner must prove in order for the application to adjust to LPR status or immigrant visa application of his spouse to be approved? • His status as LPR or U.S. citizen. • That they have genuine relationship before, during, and after the wedding. • That they were legally married. • That the beneficiary will not become a public charge. In the case of an application to adjust to LPR status, that the beneficiary was legally inspected when he entered the U.S. In the case of an application to adjust to LPR, if the case belongs to the F2A category, that the beneficiary is either not out-of-status or covered by a special law that allows such individual to still adjust to LPR status despite being out-of-status. This last requirement does not apply to petition filed by a U.S. citizen on behalf of his spouse because an immediate relative beneficiary is allowed to adjust to LPR status even if he is already out-of-status. To find out more about this topic, we invite you to call us at (818) 956-8844 [Glendale] or at (626) 331-8188 [Covina] to schedule an appointment for your free initial consultation or you may visit us at www.palacioslawfirm.com. *** Attorney Eugene M. Palacios is a highly experienced immigration attorney with a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. His offices are located at 100 North Brand Boulevard, Suite 600, Glendale, California 91203 and at 800 South Barranca Avenue, Suite 250, Covina, California 91723. *** The above article does not, and is not intended to, constitute legal advice for a specific immigration problem and does not create an attorney-client relationship between our office and the reader. It is for informational purposes only and reflects our law firm’s opinions and views on general issues. (Advertising Supplement) 10/5/07 4:59:36 PM
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