I Marriage fraud for immigration purposes
F you are in a relationship and contemplating marriage with a foreign national, it is important to be aware of the U.S. immigration laws regarding
marriage. A solid understanding of the rules involved will ensure that you and your spouse have a success- ful and smooth immigration process.
Marriage results in a conditional residence status unless it is more than two years old. The two year clock will start to run from the time the conditional residency is granted. The conditional residency status may be terminated prior to the two year mark for the following reasons:
The marriage was entered into to gain immigra- tion status;
The marriage was terminated;
The couple did not file Form I-751 within 90 days of two year anniversary date;
The couple failed to attend their inter- view (unless the immigrant has filed for l-751 seeking a waiver of the joint filing requirement.
If the two years passes, the conditional residence status becomes permanent resi- dence status if it is not terminated for any reason.
Marriage to a U.S. citizen has long been considered the easiest pathway to obtain citizenship for an immigrant. Un- fortunately, there has been a long history of sham marriages where immigrants are looking to find a short cut in the process. So how does the Immigration Service suspect a sham marriage? What are they looking for? Generally, immigration authorities are looking at various factors such as the conduct of the parties after the marriage, as well as their conduct prior to marriage. If you find yourself in a situation where you are going to be visited by an USCIS officer, or are requested to come to an interview its best to take some time to prepare. You
will be asked to produce documentation showing the marital relationship. This documentation could include anything from income tax returns, bank statements, insurance policies, and photographs. You must also satisfy all of the questions posed by an immigration office.
If it is determined that the marriage was entered into for the purpose of gain- ing immigration benefit, it will become a permanent bar to any future immigrant visa petitions. It is also considered a major crime that carries with it fines and even jail time. For the alien spouse, it means imminent removal from the country and never being allowed to be a lawful resident of the U.S.
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 Sec- tion. He is admitted to practice before the Ninth Circuit Court of Appeals, all federal district courts in California and Nevada,
Be a NURSE! Enrollment Continuously Going on:
VOCATIONAL NURSING PROGRAM
(18 Months Part Time & 12 Months Full Time Program)
HOME HEALTH AIDE PROGRAM (Offers Weekday, Weekend and Evening classes)
NURSING ASSISTANT AND
FINANCIAL AID AVAILABLE!!!! Trinity Vocational Center
(Grants, Subsidized and Unsubsidized direct lands if you qualify) FREE CNA CLASS • LVN ($23,132.50)
We help make your nursing dreams a reality 1149 W 190th Street, Suite 2000, Gardena CA 90248
Phone: (310) 834-3065, (310) 830-1100, (866) 737-7CNA Fax: (310) 834-6236 Visit us on the web:
www.trinityvocational.com firstname.lastname@example.org email@example.com
Technicians and Accrediting Bureau of Health Education Schools. Member of Better Business Bureau, National League for Nursing, and California Association of Private Post-secondary Schools. Approved by Department of Health Services and Department of Consumer Affairs.
Accredited by the California Board of Vocational Nursing and Psychiatric
Trinity Vocational Center is a certified training site by the American Heart Association through Continuing Education Unlimited NCLEX REVIEW for LVNs also offered on site!
PRESIDENT AQUINO AWARDS A TROPHY TO 2010 MODEL OFW FAMILY AWARDEE ENGR. ERMIE LAGMAN GARON. President Benigno S. Aquino III presents a trophy to 2010 Model OFW Family of the Year Award (MOFYA) Land-based category National Awardee Engineer Ermie Lagman Garon during the awarding ceremony at the Grand Plaza Ballroom, Sofi tel Philippine Plaza, Pasay City Monday (Dec. 6, 2010). Assisting the President are Vice President Jejomar Binay, Labor and Employment Secretary Rosalinda Baldoz, Overseas Workers Welfare Administration (OWWA) Administrator Carmelita Dimzon and Globe Telecom chairman Jaime Augusto Zobel de Ayala. Engr. Garon worked in the Islands of Palau for 10 years as a salesperson of Ace Hardware and project manager of SORA Construction that constructed the Japan Embassy building at Koror, Palau. The MOFYA focuses on Overseas Filipino Worker (OFW) families who have maintained strong family relations, properly managed the fi nancial benefi ts from the OFWs’ overseas employment, have educational achievements and exemplary performance in their respective professions, and at the same time have a positive impact in the community where they reside. (PHOTO BY: RYAN LIM/MALACAÑANG PHOTO BUREAU/ PNA)
SSS overseas program launched
LOS ANGELES – The Philippine Social Security System (SSS) wishes to announce to all its members that they can continue their membership even when they are abroad. SSS maintains its policy that once a member, always a member, and members will never lose premium contri- butions for life.
Classes offered thru ECCPR are:
BLS, IV Therapy & Blood Withdrawal Certification, EKG, and many more Continuing Education Courses for RNs, LVNs, & CNAs! Visit www.eccpronline.com
for more info.
SSS members may continue paying their premiums and avail of the following benefits: Maternity, Sickness, Partial/ Permanent Disability, Retirement with 13th month pay or Christmas bonus, Death, and Funeral or Burial According to Atty. Sylvette C. Sybico,
Department Manager, Foreign Branch Expansion and Monitoring Department, SSS has arranged with Lucky Money, Me- trobank, Bank of New York, and Western Union for payment of members’ premiums. Members may also join the SSS Flexi- fund Program or Provident fund by in- vesting any amount (not lower than Php 200.00) on top of the member’s monthly premium contribution. Investment and interest may be withdrawn anytime. For queries on SSS matters, including application forms, please visit its website at www.sss.gov.ph
or send an email to ofw@ sss.gov.ph
Go to school while working! With our part-time nursing programs, you CAN make it happen!
JOURNAL JOURNALISTS. A number of former editorial staff and reporters of “The Journal” or Philippine Journalists, Inc., publisher of the Times Journal, People’s Journal, People’s Tonite, Taliba, and Women’s Journal, had a luncheon-reunion recently in West Covina. There was no agenda for the gathering, but sumptuous Pinoy food and juicy gossips came aplenty. From left to right: Mary Ann Tolentino, Teri Red, Romy Morales, Cecil Castaneda, David Casuco, Odette Macaraeg-Galino and Abner Galino.
BY ATTY. JAMES G. BEIRNE
California state courts, and Nevada state courts. Mr. Beirne has represented clients in numerous immigration cases. His of- fices 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. His newest office is at Valencia Executive Plaza, Suite 200-E,
December 08, 2010 Balita
27201 Tourney Road, Valencia, CA 91355, tel. no. (661) 200-0644.
(Disclaimer: This article is for infor- mational 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.) ■
| Page 2
| Page 3
| Page 4
| Page 5
| Page 6
| Page 7
| Page 8
| Page 9
| Page 10
| Page 11
| Page 12
| Page 13
| Page 14
| Page 15
| Page 16
| Page 17
| Page 18
| Page 19
| Page 20
| Page 21
| Page 22
| Page 23
| Page 24
| Page 25
| Page 26
| Page 27
| Page 28
| Page 29
| Page 30
| Page 31
| Page 32