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Immigration Q and A
BY ATTORNEY PAUL CHOI
(Paul Choi is an immigration attorney practicing in Encino, California. As a public service, he will answer all questions regarding immigration and naturalization for free either by mail, email, on the phone, or in person. The following is one such question and the answer by Mr. Choi.)
QUESTION: I am planning a trip to the Philippines for Christmas but I noticed that my green card will expire in January, 2011. When must I renew my green card? Can I travel without it being renewed? How long does it take and what must I do? Will I have problems getting it renewed if I have an arrest?
Answer: A permanent resident card (green card) is generally valid for ten years although some of the older green cards as they used to be called, had no expiration date. You need to renew it prior to its expiration by filing Form I-90, Application for replacement of alien registration card with the USCIS. The same form is used when you want to change any biographic information on your card i.e. if your name has changed due to marriage and also when you lose your card and need a green card replacement. If you travel outside the U.S. with an expired card, you could have problems re-entering the U.S. if your card has expired. It is advised to have your card safely in hand before departing the U.S. and your card must be valid when you re-enter this country. It is very simple to renew the alien registration card and it does not require an interview of any sort. However, you will be required to submit new photos, have fingerprints taken and the USCIS will run an FBI check to be sure there are no grounds to deny your extension of residency. Remember that since the government is running an FBI clearance, any criminal matters will be revealed. If you have a conviction, especially one involving a felony, (a serious crime,) or a misdemeanor involving drugs or what is called moral turpitude, you should definitely speak with an experienced immigration attorney before filing anything with the USCIS. Having a conviction for a crime can affect your right to remain in this country and can trigger a deportation proceeding and even your arrest.
A conditional permanent resident should not be mistaken for a permanent resident. A conditional resident who obtained conditional residence based upon marriage to a U.S. citizen that is less than two years in duration will get a green card that is valid only for two years. He/She has to remove the conditions during the 90 days before the card expires. The conditional card cannot be renewed. The conditions must be removed or else he/she will lose his/her permanent resident status. A conditional resident has to file Form I-751 to remove the conditions. Once removed, the conditional permanent resident will receive a permanent resident card valid for the next ten years.
Per U.S. Citizenship & Immigration Services (USCIS, formerly the INS), if your Permanent Resident Card (green card) has less than six months of remaining validity, you must renew your card prior to filing an application for naturalization.
After you send the completed I-90 application to the USCIS, you can expect to receive an Application Receipt Notice with a 13-character Application Receipt number within 30 days. This Receipt Notice is the proof that USCIS has received your application and that it is being processed and it is proof that you are a permanent resident while the application is pending. You may use the number on the receipt to check the status of your application while it is pending. You will also be notified about your fingerprinting appointment. The entire green card replacement processing time varies but can take several months so plan ahead before you plan to leave the U.S. If you fail to renew your permanent resident card it does not mean that you have lost your permanent residence as you can always file the application to renew your card late. Just don’t travel outside the U.S. with an expired card or you are asking for problems upon your return.
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(Atty Paul Choi will answer all questions regarding immigration, naturalization and deportation defense for FREE. Contact him at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
or at 818 714-2226. He is located at 16000 Ventura Blvd, Ste. 1201, Encino, California 91436.) ■
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Order to Show Cause: Temporary child support and custody |
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YOUR LEGAL PRIMER
By Atty. TONISITO M.C. UMALI
Q: MY husband (or wife) abandoned me with my children. He/She then filed for divorce. I now have to deal with my mortgage and monthly bills. My husband/wife is not helping my family financially. What will I do?
A: You may want to consider requesting the court where the divorce was filed to order your husband/wife to pay spousal or child support while the divorce is pending. Of course, if you are the only person who earns during the time that you were living as husband and wife and you have been paying all the bills, you cannot expect the court to issue any temporary support orders.
Q: How can I ask for temporary child/spousal support?
A: You will need to file an Order to Show Cause (OSC) requesting temporary child/spousal support (and also child custody) and some other papers or court forms including a declaration which will explain all the reasons or grounds for your request for support. The purpose of this OSC is for you to obtain an immediate legal relief when you and your spouse cannot reach a temporary or interim agreement with respect to the issues of child / spousal support; custody and visitation; or other child living arrangements. Thus, an OSC is an order issued by the Court to your spouse to explain or show cause why your requested order should not be granted.
Q: What do you call the specific court forms that need to be filed?
A: Some of the court forms that should be filed are the following: Order to Show Cause form; Application for Order and Supporting Declaration form; Income and Expense Declaration form; Child Custody and Visitation attachment form; Temporary Orders; and Proof of Service.
After you file these forms with the clerk, you should get a hearing date. You should then serve (meaning, any person at least eighteen years of age and not a party to the case) other party so that he/she has 21 days notice if personally served or 26 days if served by mail.
Q: 21 or 26 days is too long. What if I like an immediate child/spousal support now?
A: You may consider doing an ex-parte. An ex-parte procedure is available when you need to get a relief now and you cannot wait for the formal notice time required for an OSC hearing to elapse. But there must be some justifiable reasons why you want ex-parte order, instead of filing the regular OSC. Requesting for temporary child/spousal support or child visitation or custody via ex-parte proceeding is the EXCEPTION rather than the rule.
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Atty. Tonisito Umali is a member of the California State Bar and Integrated Bar of the Philippines. He is also a member of the American Bar Association, Los Angeles County Bar Association and San Fernando Valley Bar Association. Atty. Umali obtained his Bachelor of Science major in Legal Management and Juris Doctor degrees at the Ateneo de Manila University. He served as a legislative officer to former Philippine Senator Nikki Coseteng and then Philippine House of Representatives Majority Floor Leader (now Senator) Mar Roxas II. He also worked as a legal consultant to former Philippine Senate Majority Floor Leader Loren Legarda. He taught Philippine Constitution and Philippine Local Government Code in one of the largest Philippine State Universities (Polytechnic University of the Philippines). He also worked for the law firm established by a former Philippine Attorney-General prior to forming his own law office with his late father. Atty. Umali also served as resource speaker in various seminars and wrote several articles for some Philippine non-government organizations. For your free initial consultation, you can contact him directly at (213) 383-6704 or (818) 831-0486.
Disclaimer: The information provided merely conveys general information related to the filing of OSC for temporary child/spousal support cases. The author makes no warranty, expressed or implied, nor does he accept liability in regard to the completeness or results of the information provided on this article. ■ |
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Be a citizen through naturalization |
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IMMIGRATION MATTERS
By Atty. James G. Beirne
IT is not uncommon to hear Filipinos complain that their voices are not heard in this country. Filipinos comprise the second largest immigrant group in the United States, second only to Latinos, who as we know have a great influence on the outcome of elections in this country. Although tens of thousands of Filipinos have been permanent residents for a long time, because they are not citizens, they cannot vote or run for public office.
The right to vote and be voted upon is just one of the many benefits of being a U.S. citizen. Citizens are entitled to hold a U.S. passport, which allows you to travel in many countries without the need for a visa, and to enjoy the protection and assistance of the U.S. government while abroad. You may also stay out of the US for a prolonged time without worrying of being refused reentry.
Once you become a naturalized citizen, your permanent resident children under 18, who are in the legal and physical custody of the naturalized parents, automatically become U.S. citizens, too. Children born after your naturalization also receive citizenship by the principle of jus sanguini (by blood) whether they are born in the U.S. or not. You may also petition your immediate relatives (spouse, parents, unmarried children under 21) and help them obtain visas without delay. You may also petition brothers and sisters, although it takes much longer.
The constitution provides three ways to become a U.S. citizen: by birthplace (jus soli), if you were born in U.S. soil and certain U.S. territories; by blood (jus sanguini), if one or both of your parents are U.S. citizens; and by naturalization.
To become a naturalized citizen of the United States, a foreign national first must meet the following requirements:
• You have lived in the United States as a lawful permanent resident for at least five years (with exceptions for refugees, people who get their green card through political asylum, spouses of U.S. citizens, and U.S. military personnel)
• You have been physically present in the United States for at least half of the last five years
• You have lived in the district or state where you are filing your application for at least three months
• You have not spent more than a year outside the United States
• You have not made your primary home in another country
• You are at least 18 years old
• You have good moral character
• You are able to speak, read, and write in English
• You are able to pass a test covering U.S. history and government, and
• You are willing to swear that you believe in the principles of the U.S. Constitution and will be loyal to the United States.
The applicant will have to pass a simple English test and a civic test that covers basic U.S. history and knowledge of government. You may ask for a waiver if you have a medically determinable physical or mental impairment that affects your capacity to learn and/or understand the relevant information. Applicants who have been living in the U.S. legally for over twenty years, and who are over 65, may receive special consideration on this test.
If you fail one or both of the tests, a second appointment will be scheduled, usually within 60-90 days of the first interview. You will be retested at that second interview. If you again the test, your application for naturalization will be denied.
If the U.S. Citizenship and Immigration Services (USCIS) discovers something wrong – for example, that you used fraud to get your green card or abandoned your residency by making your home outside the United States – it will not only deny your citizenship application and can strip you of your green card and have you deported.
If you are planning to apply for naturalization, I suggest you consult with an experienced immigration attorney.
Call today and schedule a free consultation. We have three convenient offices to serve you: Glendale (818) 552-4500; Cerritos (562) 865-4480; and West Covina (626) 262-4446.
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An active member of the State Bar of California and the State Bar of Nevada, James G. Beirne is also a member of the highly respected American Immigration Lawyers Association and Los Angeles County Bar Association Immigration Section. He is admitted to practice before the Ninth Circuit Court of Appeals, all federal district courts in California and Nevada, California state courts, and Nevada state courts. Mr. Beirne has represented clients in numerous immigration cases. His offices are located at 520 E. Wilson Ave., Suite 110, Glendale, CA 91206, and 17215 Studebaker Rd., Suite 380, Cerritos, CA 90703, with telephone numbers (818) 552-4500; (562) 865-4480; and (866) 903-4522. He also has offices at 2640 E. Garvey Ave., Suite 104, West Covina 91791, with tel. no. (626) 262-4446.
(Disclaimer: This article is for informational purposes only. Results may vary depending on the facts of a particular case. We make no prediction, warranty or guarantee about the results of any case, nor do we assume any legal liability for the completeness of any information and its impact on the results of any case. Each case is different and results depend on the facts of each case. Consult with and retain counsel of your own choice if you need legal advice.) ■
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