Page 2November 1-7, 2013 Asian Journal - (619) 474-0588 Visit our website at http://www.asianjournalusa.com
(Continued on page 6)
ROOM FOR RENT
Quiet Neighborhood in National City. No smoking. No drugs. 619.746.3416
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
Light & Shadows
Read Zena Babao’s previous articles by visiting our website at
by Zena Sultana Babao
By: Lilli Baculi, Esq.
Alien Smuggling is a ground of inad-missibility under the immigration laws of the United States. Under INA 212(a)(6)(E): Any alien who at any time know-ingly encouraged, induced, assisted, abetted, or aided any other alien to enter or try to enter the United States in viola-tion of law is inadmissible. Scenario 1. Sergio has an approved I-130 petition and is in the process of obtaining a visa
for himself, as the principal beneciary
of the petition, and his three minor
children, who are derivative benecia-
ries. He was denied his immigrant visa and was deemed inadmissible to enter the United States under INA 212(a)(6)(E) for “alien smuggling” because, to his surprise, a DNA test showed that the three children he was claiming to be his own were not his biological children.
Sergio appears on the birth certicates
of the 3 children. He and the mother of these children are not married, and they have been in an on-and-off relationship for the past 20 years. She never told him that he was not the biological father. He only learned this because of the DNA testing. The U.S. Consulate will not let Sergio even explain the situation or provide evidence to show that he had no idea these children were from another father.Scenario 2.
Julia is a beneciary of an I-130
petition by his United States citizen daughter, Mariana. Upon investigation during the visa processing stage it was discovered that previously, Julia applied for and was granted a B-2 visitor’s visa to the United States. She also tried to obtain B-2 visa for her son, Daniel, but the application was denied. Thinking she was clever, Julia obtained another passport for her Daniel using a different name, which was discovered during the interview at the U.S. Embassy. Daniel’s B-2 visa application was denied, and Julia’s previously approved B-2 visa was cancelled. The U.S. Embassy denied Mariana’s mother an Immigrant Visa pursuant to a 212(a)(6)(E) ground of inadmissibility for “alien smuggling.” The Embassy’s letter of denial states that no waiver is available.Scenario 3. Armando has been a Legal Permanent Resident for the past eight years. Last year, he traveled to Mexico and upon his return had his younger sister and nephew with him. While attempting to cross the border in Tijuana, he was sent to secondary inspection where a border
patrol ofcer began questioning him.
During the questioning he admitted to knowing that his sister and nephew were undocumented and that he was attempting to help them enter the United States using documents belonging to his own children. He is now in deportation proceedings.Is there any hope for Sergio, Julia, and Armando to be able to overcome their ground of inadmissibility for alien smuggling?A waiver may be available under 212(d)(11) of the Immigration and Nationality Act in the case of an alien seeking admission as an immediate relative or immigrant . . . if the alien has encouraged, induced, assisted, abet-ted, or aided only an individual who at the time of the offense was the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.
This would seem to t well with
Julia’s scenario, since she was trying to “smuggle” only an individual who is his son. However, because the 212(d)(11) waiver is limited, neither Sergio nor Armando would be able to use this par-ticular waiver to overcome their ground of inadmissibility. A special note for Scenario 3. Because Armando is a Lawful Perma-nent Resident in deportation proceed-ings, there may be relief(s) available to him that are not similarly available for Sergio and Julia. An immigration attorney specializing in deportation defense would be able to provide the
most benecial advice in Armando’s
situation. Sergio’s family should also consult with an immigration attorney to explore what options there are, if any, for his particular situation.
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) 495-8088; (916) 509-7280; email@example.com.
MANILA, Oct. 25, 2013— The Catholic Church’s social action is inten-sifying efforts to provide relief to areas badly affected by the recent earthquake in Bohol province. Caritas Philippines launched its massive relief operations this week to
at least ve towns with “least served”
affected residents with P14.2 million funds from Caritas Internationalis. Currently based in Rome, Caritas In-ternationalis is a global confederation of 165 Catholic organizations working in humanitarian emergencies and interna-tional development. The agency said it will provide tempo-rary shelters, food and non-food items to
at least 21,750 direct beneciaries in the
towns of Maribojoc, Inabanga, Carmen, Danao and Sagbayan. The Caritas Philippines, also known as the National Secretariat for Social Action (Nassa), will lead the response and manage the overall coordination of the project. The social action centers of the dio-ceses of Tagbilaran and Talibon, how-ever, will implement the interventions in municipalities under their jurisdictions.
On eld, the Nassa provides the tech-
nical assistance and its partner Caritas organizations: UK-based Catholic Agency for Overseas Development and the US-based Catholic Relief Services. Nassa said the goal is to ensure that the services “adhere to the internation-ally recognized minimum standards”. “The main priority at the moment, as families slowly cope from their trauma, is to provide temporary shelters while making ends meet,” Nassa said. “While aftershock was still being felt, the affected communities continue to deal with the challenges of having to re- build their lives in the face of great loss both in lives and resources,” it said. Right after the 7.2-magnitude temblor last Oct. 15, Nassa immediately remit-ted P400, 000 to the affected dioceses through its Lenten fund-raising drive for emergency relief purposes called Alay Kapwa. At least 198 people were killed when the earthquake struck on some parts of Central Visayas, according to the National Disaster Risk Reduction and Management Council. Authorities said more than three mil-lion people, from around 39 cities and municipalities, were affected by the earthquake. The NDRRMC reported that 5,992 families are housed in 51 refugee
centers, and a rst estimate of damage
to infrastructure, hospitals, houses and heritage sites amount to P75.2 million. Families displaced by the earthquake and continuing aftershocks are cramped in evacuation centers with limited access to potable water and sanitation facilities. Many areas, particularly in Bohol, which is now under a state of calamity, still don’t have electricity and lack sup- ply of potable water. “Food and shelter supplies are dwin-dling and many markets are still closed,” Nassa added. (CBCPNews)
Church steps up relief efforts for quake-victims
By Zena Sultana Babao
y husband Narrie, widely known as Grandmaster Narrie Babao, touched the lives of so many people, especially in the Martial Arts world. He left a lasting impression for a lifetime to remember. We laid him to rest at the Miramar National Cemetery Tuesday, Oct. 29, 2013, on his birthday. He would have been 68.
His Memorial/Celebration of Life was unforgettable and emotional for all who witnessed it, none more so than for our three sons – Narrison, Jack, and Kris – who all delivered touching eulogies. All three followed in the footsteps of their father, my bellowed husband. The very special salute and tribute that our sons, and our past and present students, mas-
My Sons’ Memories of their Loving Dad
Narrie and Zena