Page 2October 14-20, 2011 Asian Journal - (619) 474-0588 Visit our website at http://www.asianjournalusa.com
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Law Ofces of Chua Tinsay & Vega
by Atty. Jean Tinsay, Esq.
Read Atty. Jean Tinsay’s previous articles by visitingour website at
Noy RejectsState Honorsfor Marcos
(Continued from page 1)
LEGAL BUZZ by Atty. JeanS. Tinsay, Esq.
| SAN DIEGO |SAN FRANCISCO | MANILA,10/14/2011 -- I recently received aquery from a client, a U.S. perma-
nent resident, who wanted to le an
immigrant petition for her mother.I had to explain to her that there isno immigrant visa category for aU.S. permanent resident petitioningfor a parent and that we had to waituntil she is a U.S. citizen before we
can le an immigrant petition for
her mother. There are certain basicimmigration facts that are worthknowing. This article provides some basic information relating to family- based immigrant petitions.U.S. permanent residency or natu-ralization brings with it certain bene-
ts, one of which is that it allows the
individual to bring his or her familyfrom abroad. Who you can bring tothe United States however, dependson whether you are a U.S. perma-nent resident or a naturalized U.S.citizen. A U.S. citizen can bring her or his spouse, parents, siblings andunmarried and married children (ad-opted, legitimate and illegitimate).U.S. permanent residents can only
le immigrant petitions for her or his
spouse and unmarried children (ad-opted, legitimate and illegitimate).Once an immigrant petition has
been led and approved on behalf of
the alien relative what follows nextdepends on whether the alien is an“immediate relative” or a “”family- based preference immigrant.” Animmediate relative is a parent,spouse or child under 21 years oldof a U.S. citizen. For these relatives,an immigrant visa is immediatelyavailable. Once the immigrant petition is approved, the USCIS for-wards the case to the National VisaCenter for visa processing. After the National Visa Center receives thevisa fees and all required documents,it will then send the relative alien anappointment for his or her immigrantvisa interview.“Family-based preference immi-grants” are other classes of relativeswho are not “immediate relatives.”These are unmarried children over 21 of a U.S. citizen, married childrenof a U.S. citizen, siblings of a U.S.citizen and the spouse and unmarriedchildren of a U.S. permanent resi-dent. For these relatives, immigrantvisa are not immediately availableand are subject to numerical limita-tions. The total annual immigrantvisas allotted for family-based preference immigrants is 226,000which is distributed to the differentcategories of relatives. For example,married children of U.S. citizens areallotted 23,400 immigrant visas per
year. In addition to a xed quota
for each category, there is also a per country limit which is set a 7%.The Visa Bulletin which is pub-lished by the U.S. Department of State provides a monthly update of what priority dates are being pro-cessed and explains how immigrantvisas are allotted. All preferenceimmigrants are assigned a prior-ity date. The “priority date” is thedate when the immigrant petition on
behalf of the alien relative was led.
Once the alien’s priority date is ear-lier than the cut-off date as it appearsin the Visa Bulletin that means animmigrant visa is now available tothat alien relative.The Visa Bulletin for November 2011 shows the following cut-off dates for the Philippines and other countries.First:(F1) Unmarried Sons andDaughters of U.S. Citizens Sec-ond: Spouses and Children, andUnmarried Sons and Daughters of Permanent Residents A. (F2A)Spouses and Children of Perma-nent Residents B. (F2B) Un-married Sons and Daughters (21years of age or older) of Perma-nent Residents Third:(F3) Mar-ried Sons and Daughters of U.S.Citizens Fourth:(F4) Brothers andSisters of Adult U.S. Citizens.
In the chart below, the listing of a date for any class indicates thatthe class is oversubscribed (see paragraph 1); “C” means current,i.e., numbers are available for all
qualied applicants; and “U” means
unavailable, i.e., no numbers areavailable. (NOTE: Numbers areavailable only for applicants whose priority date is earlier than the cut-off date listed below.)
Family- SponsoredAll ChargeabilityAreas ExceptThose ListedCHINA-mainland bornINDIAMEXICOPHILIPPINESF122JUL0422JUL0422JUL0401APR9308FEB97F2A *15FEB0915FEB0915FEB0901DEC0815FEB09F2B01AUG0301AUG0301AUG0322NOV9215JUL01F322SEP0122SEP0122SEP0108DEC9222JUN92F415JUN0015JUN0015JUN0022APR9622AUG88
To view a complete copy of themonthly Visa Bulletin you can go tothe Department of State website atwww.travel.state.gov.
Atty. Jean S. Tinsay is a partner in The Law Firm of Chua Tinsay and
Vega (CTV) - a full service law rmwith ofces in San Francisco, San
Diego and Manila. The information presented in this article is for gen-eral information only and is not, nor intended to be, formal legal advicenor the formation of an attorney-cli-ent relationship. The CTV attorneyswill be holding regular free legal clinics at the Max’s Restaurant inVallejo, California. Call or e-mail CTV for an in-person or phone con- sultation to discuss your particular situation and/or how their servicesmay be retained at (415) 495-8088;(619) 955-6277; firstname.lastname@example.org
honors for Marcos but not a statefuneral or hero’s burial at the Lib-ingan ng mga Bayani. He also saidthe Marcoses had agreed to burythe late president in their hometownin Batac, Ilocos Norte but this wasdenied by the Marcos family.
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