Page 2June 14-20, 2013 Asian Journal - (619) 474-0588 Visit our website at http://www.asianjournalusa.com
(Continued on page 7)
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Law Ofﬁces of Chua Tinsay & Vega
by Atty. Lilli A. Baculi
Read Atty. Baculi’s previous articles by visiting our
website at www.asianjournalusa.com
By: Lilli Baculi, Esq.
omer, a noncitizenforeign national, ismarried to Lydia, aUnited States citizen, and by virtue of this marriagewas accorded a lawful con-ditional permanent residentstatus. However, not even afull year into the marriage thenewlyweds nd themselvesextremely unhappy with eachother and are ghting inces-santly. Lydia les for divorceand the marriage is termi-nated. A few months after thedivorce was nalized, Homer marries for the second time toBarbara, who is also a UnitedStates citizen. Homer nowseeks to adjust his status tothat of a lawful permanentresident based on his currentmarriage to Barbara. How-ever, his application to adjuststatus was rejected becausehis status as a conditional permanent resident based onhis rst marriage has not beenterminated.
Can Homer terminate his conditionalstatus based on his marriage to Lydia,and subsequently adjust his status basedon his current marriage to Barbara?According to the Immigration and Nationality Act (INA): In the case of an alien with permanent resident statuson a conditional basis under subsection(a), if the Attorney General determines, before the second anniversary of thealien’s obtaining the status of lawfuladmission for permanent residence, that(A) the qualifying marriage … (ii) has been judicially annulled or terminated,other than through the death of a spouse;… the Attorney General shall so notifythe parties involved and, subject to para-graph (2), shall terminate the permanentresident status of the alien involved asof the date of the determination.Moreover, the Board of ImmigrationAppeals has highlighted the authorityof the Citizenship and Immigration Ser-vices of the Department of HomelandSecurity to afrmatively terminate theconditional resident status of a nonciti-zen foreign national according to theINA. Termination of an alien’s condi-tional resident status can occur in threeways. First, under section 216(b)(1) of the INA, they may terminate the alien’sconditional resident status before the2-year conditional period expires, wherethe Service determines that the qualify-ing marriage was judicially annulled or terminated. Second, the Service mayterminate the conditional resident statusfor failure to timely le a joint petitionto remove the conditions on permanentresident status. Finally, the Service mayterminate the noncitizen’s conditionalresident status upon determining that theinformation provided in the joint peti-tion to remove conditions is untrue.In Matter of Stockwell, the Boardfound that the Service properly terminat-ed respondent’s conditional permanentresident status because the qualifyingmarriage had been legally terminated.Similarly, in Matter of Lemhammad,the respondent married a United Statescitizen and obtained a conditional resi-dent status under Section 216 of the Act.Sometime thereafter, the respondent andhis wife divorced, and the Service ter-minated his conditional resident statusunder section 216(b)(1)(A)(ii) of theAct, based on his divorce.The Board also held that an alienholding a conditional permanent resi-dent status is prohibited from adjust-ing his status under 245(a) of the Act, pursuant to Section 245(d) of the Act.However, Section 245(d) of the Act doesnot prohibit an alien, whose conditional permanent resident status has been ter-minated, from adjusting his status under Section 245(a). There, respondent’sconditional resident status was termi-nated by the Service upon his divorcefrom his US citizen spouse. Respondentthereafter sought to adjust his status based on his (second) marriage to a UScitizen spouse, whose visa petition ledon his behalf was approved. The Boardfound that section 245(d) does not bar the respondent from adjusting his status pursuant to section 245(a) of the Act, based on his second marriage to a UScitizen spouse.Thus, Homer should be able to adjusthis status to that of a lawful permanentresident based on his second marriageas long as his conditional resident status based on his rst marriage is terminated.Marriage and divorce are very per-sonal in nature and in themselves arehard enough decisions to make, andnavigating through the immigrationlaws on top of it makes it more difcultand frustrating. It is important to beinformed and know your options. An ex- perienced immigration rm or attorneywill be able to help you understand whatimmigration terms mean specic to theregulations, what steps might be takenfor your particular case, and the optionsavailable to you under the evolving im-migration laws.
Atty. Lilli A. Baculi is an associate
attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) -
a full service law rm with ofces in San Francisco, San Diego, Sacramento and
Philippines. The information presented
in this article is for general informa-
tion only and is not, nor intended to be,
formal legal advice nor the formation of an attorney-client relationship. Call or
e-mail CTV for an in-person or phone
consultation to discuss your particular situation and/or how their services may
be retained at (619) 955-6277; (415)
Divorce, Re-Marriage and theImmigration and Nationality Act
by Jake Maxwell Watts, Quartzqz.com | 6/30/2013 -- The Philippineeconomy grew by 7.8% in the rst threemonths of 2013, surpassing every singleanalyst estimate and putting it just aboveChina as one of Asia’s fastest grow-ing economies. The torrid growth, the best in nearly three years, is especiallyimpressive given that exports declined6.2% as electronics shipments collapsed.So how is it growing so fast?1) InfrastructureThe Philippines, like Thailand, is pursuing a massive infrastructure spend-ing program worth around $10 billion.It covers a wide range of investments,from power plants and bridges to roadsand schools. Although not all the moneyhas been spent, the program has alreadycreated upwards of 400,000 jobs andhelped win an investment grading fromrating agencies, opening up the countryto more international money.2) Domestic DemandIf foreigners aren’t going to buy your goods, you better hope the locals are.Domestic demand in the Philippineshas been very strong, driven by privateinvestment and consumer growth in away that China must envy. Manufactur-ing growth is up by 9.7% due to demandfor food, appliances, communicationand transport, and construction wasup a whopping 32.5% in the rst threemonths of the year. Services expanded7%.“Initially, this was led by infrastruc-ture spending from the government,” the National Economic and Developmentchief Artemio Balisacan told the Philip- pine Star. “By the second half of 2012, private construction started to rebound.”3) Remittance PaymentsUnderpinning domestic demand is araft of remittance payments that maketheir way to the Philippines each year from its vast diaspora—over $5 billionin the rst quarter of 2013. The cashtransfers have long helped the Philip- pines pay off foreign debt and boostdomestic consumption.Can it continue?Good news lasts only so long, andanalysts have pointed to several risks.Exports may continue to fall as Chinaslows and Europe stagnates. Remit-tance payments, although large, are attheir lowest in nearly four years, and thePhilippine stock market tumbled almost4% on Thursday, in line with the Nikkei,despite the strong economic growthgures. Manila is sticking with a 6-7%growth target for the whole of 2013.“There’s a disconnect between theeconomy and the valuation of themarket,” a Manila-based trader toldBloomberg. “While overseas investorssay they like our economic funda-
How did the Philippines trump China to becomethe fastest growing economy in Asia?
mentals, they nd valuations to bestretched.” The Philippine stock marketis one of Asia’s best performing bourses,up 41% in the last year, but traders areclearly worried about whether thereis an asset bubble in the making. ThePhilippines has strengths China doesn’t, but building roads and pushing up the budget decit is not enough when itcomes to a long-term strategy.
active duty U.S. Army sol-dier, was facing deportationon Sunday, June 16, Father’sDay.
Friends, community supportersand her husband, Specialist ThadSchmierer, appealed to ICE to stopher expulsion. Lawyers from SanFrancisco-based Asian Law Caucusare representing Gaerlan.
“I can’t imagine leaving my family,”said a tearful Gaerlan. “Please Mr. Presi-dent, you’re a father too. Please don’t put me on a plane.”Schmierer, a Specialist in the U.S.Army stationed in Northern California,is due to leave for training in a week.He and Karla have a nine-month-oldchild, Christopher. The family lives inStockton. “I’m away a lot and I’m afraidto come home and my family won’t bethere,” he told the press.
The result of S-Comm
Gaerlan’s predicament began after Christopher was born, when she beganstruggling with severe post-partum de- pression. During a serious argument be-tween her and Schmierer, she scratchedhim. Both said the scratches were light,