(650) 689-5160 • http://www.asianjournal.com
Immigration Corner ATTY. MICHAEL GURFINKEL, ESQ DEAR Attorney Gurfinkel: I am a green card holder, and petitioned my adult single child in June 2015 in the F-2B category. When I recently checked the USCIS website for processing times, it shows they’re processing F-2B petitions filed in late May 2015. Does this mean my adult child will be eligible for his green card in about a month, as May 2015 is a month away from June 2015? I’m so confused about processing times, priority dates, and visa bulletins, and what they all mean. Very truly yours, RD Dear RD: For family petitions, there are two basic lines or processing times: • The processing time for USCIS to approve the petition; and • The waiting time for the visa to become available, based on the priority date (or date the petition was filed with the USCIS). Just because USCIS approves the petition, does not necessarily mean the visa is immediately available. It could take many years after a petition has been approved for the priority date to become current and the visa to be available. For example, if a person wants
COMMUNITY JOURNAL
Two different lines, processing times for family petitions to go into a theater, they must first stand in line to get the ticket at the ticket counter. After they get the ticket, they must now stand in another, longer line, to get inside the theater. In the same way, a person files a petition, and USCIS eventually approves that petition. That is the “processing times” on the USCIS website. But after the petition is approved, they now must wait for their priority date to become current, which can take many years, depending on the type of family petition. In your case, although USCIS may be processing F-2B petitions filed in late May 2015, the priority date (or waiting time for the actual green card or Visa) is now July 2006 as of February 2018. It is estimated that your child’s F2B visa will not become available (or the priority date will not become current) until sometime in 2030. Just because the petition is approved, does not mean the person will be immediately eligible for a green card. They now must wait in the “second line” for the priority date to become current (unless they are an “immediate relative” (spouse, child under 21, or parent) of a U.S. citizen, in which case a visa is immediately available.) You may want to consider other ways to bring these family members to the U.S. faster, such as through an employer’s
petition, which might take about two or three years versus 10 or 15 years. The employer does not need to be a Fortune 500 company. It can even be a six-bed care home, as long as the employer is earning enough money to afford the alien’s wages. You may want to consult with an attorney to consider if there are other, faster ways to bring your family members to the U.S. *** Michael J. Gurfinkel has been an attorney for over 35 years and is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com Follow us on Facebook.com/GurfinkelLaw and Twitter @GurfinkelLaw Call Toll free to schedule a consultation for anywhere in the US: (866)—GURFINKEL Four offices to serve you: LOS ANGELES · SAN FRANCISCO · NEW YORK · PHILIPPINES
(Advertising Supplement)
NORCAL ASIAN JOURNAL • JANUARY 26 - FEBRUARY 1, 2018
Dominguez defends balance...
PAGE CJ1 t
always to have two sides of the coin—one revenue raising, one revenue reduction.” “We will balance it; our approach is always balanced,” Dominguez said, citing the same tack in the Tax Reform for Acceleration and Inclusion (TRAIN) Act, which slashed personal income tax rates but jacked up taxes on consumption. Based on DOF presentations before industry associations, the second package aims to broaden the tax base by repealing 150 special laws on investment tax incentives and consolidating them into a single omnibus law. It will likewise repeal exemptions of government-owned and/or controlled corporations, proprietary educational institutions and hospitals, regional headquarters, regional operating headquarters, incomes of resident foreign corporations from foreign currency transactions, nonresident cinematographic film owners, lessors or distributors, as well as owners or lessors of aircraft, machineries, vessels and other equipment. While cutting down on incentives, the second tax reform package will bring down the corporate income tax rate start-
ing Jan. 1, 2020 by 1 percentage point for every reduction in investment tax perks equivalent to 0.15 percent of gross domestic product in 2018 or an estimated P26 billion. “The goal is to reduce the corporate income tax rate from 30 percent to 25 percent by 2022, while expanding the base by 0.75 percent of GDP or P130 billion in 2018 prices,” the DOF said. Dominguez said the DOF expects the target to cut the foregone revenues from fiscal incentives to be easily attainable. The second tax package will also improve compliance by simplifying the tax rules for corporations, including slashing the optional standard deduction to 20 percent of gross income for both individuals and corporations from 40 percent at present; allowing deductions, including net operating loss carryover and depreciation; as well as defining medium and large (on a conglomerate basis) taxpayers. To avail of incentives, investments must be performancebased, with an independent body or the Fiscal Incentives Review Board (FIRB) to measure it; timebound, to enjoy five-year income tax holiday and/or reduced rate with no extension except for the
Business News Foreign businessmen upbeat on Philippines, see FDI soaring to all-time high
PAGE CJ2 t able to say only the last word. In the same forest where the nymphs lived, there was a young man named Narcissus who was so classically handsome and perfectly proportioned that all the nymphs oohed and ahhed and fell in love with him at first sight. Picture Michelangelo’s marble sculpture of “David” in flesh and blood. If he were real person today, he would have made the cover of People’s Sexiest Man of the Year.” His fans became legion. All that adulation got into his head. He became extremely vain. No nymph was good enough for him.
One day, Echo espied Narcissus while he was hunting with his peers and fell in love with him like a ton of bricks. She longed to tell him of her feelings, but in her afflicted state, she became painfully shy and simply contented herself silently watching him from a distance, shadowing Narcissus’ every move. Narcissus, however, became aware of her shadowy presence and talked her out of her hiding place. Echo could only repeat the last words of what Narcissus was saying in their conversation so she may have came out sounding like a mindless idiot, vexing the vain Narcissus. Besotted with love for the hunk
however and believing Narcissus’ plea that she come out so they can be joined together, she finally overcame her crippling shyness and revealed herself. However, Narcissus felt she wasn’t good enough for him and snubbed her. He scorned her for her bold presumptuousness and repudiated her. He sent her away in the most cutting words swearing he would rather die than be with Echo. (To be continued …) *** Nota Bene: Monette Adeva Maglaya is SVP of Asian Journal Publications, Inc. To send comments, e-mail monette. maglaya@asianjournalinc.com
America
ADVERTISE YOUR EVENTS! PRE-EVENT AND POST EVENT GO DEEPER. GO WIDER. LET THE WORLD KNOW. CALL ASIAN JOURNAL: (818) 502-0651 DISPLAY AD SIZES AT SPECIAL RATES FOR NON-PROFIT GROUPS JA N UA RY 28
SIPA hosts Pinay Empowerment Brunch in Los Angeles Search to Involve Pilipino Americans (SIPA) will host its second Pinay Empowerment Brunch on Sunday, January 28 from 11 a.m. to 2 p.m. It will be held at BARKADA (1253 Vine Street, Hollywood, CA). The event will feature a panel with Cher Calvin (KTLA 5 TV), Isa Fabro (Chef, Unit 120), Janelle S. Foster (BET/Viacom), and Kimmy Maniquis (California Conference for Equality & Justice). It will be moderated by Rob Asghar (author/commentator whose work has been featured in the Wall Street Journal, CNN, Forbes, etc). To purchase tickets, please visit: https://sipa.ticketsocket.com/event/PINAY-EMPOWERMENT-BRUNCHII. $30 online pre-sale/$40 general admission. Ticket includes a gourmet Pilipino brunch by Barkada.
F E B R UA RY 3
by RICHMOND
MERCURIO Philstar.com
FOREIGN business leaders are bullish on their outlook for the Philippine economy this year as they expect foreign direct investment (FDI) levels soaring to new highs. Economic expansion is likely to continue this year, thereby sustaining investor confidence and keeping the country an attractive investment destination, according to foreign business leaders polled by The STAR. “FDI should remain at its new level since 2015 above $6 billion, but may surprise us by reaching $10 billion,” American Chamber of Commerce of the Philippines senior advisor John Forbes said. “The President’s Memorandum Order 16, instructing agencies to reduce restrictions on foreign investment in eight areas, when implemented by passing laws reducing restrictions and, in due course, amending the constitutional restrictions on foreign equity could attract many billions of dollars in new investment,” Forbes added. European Chamber of Commerce of the Philippines president Guenter Taus pointed out that government actively acting upon the memorandum order would have a substantial effect on the Philippine economy as it would “open the floodgates to investors who see the high potential and wealth of opportunities in the Philippines.” “The Philippines has done well in 2017 to match the very high level (of FDI) seen in 2016, and it could well be exceeded in 2018 if the soon-to-be-published Foreign Investment Negative List will really open up certain sectors for higher foreign participation, as indicated in statements from the administration,”
capital equipment duty perk; targeted, or based on the three-year investment priorities plan (IPP) covering both local and foreign investors that will serve both domestic and international markets; as well as transparent, with the name of beneficiaries and tax incentives to be reported by the FIRB. Also among the proposed reforms under the second tax package include a regular review to be undertaken by the FIRB on all tax and other perks given away by the various investment promotions agencies (IPAs). Under the DOF proposal, the Secretary of Finance can cancel or suspend the grant of incentives upon the review and recommendation of the FIRB, a power that the official does not have at present and currently held only by IPAs. Rep. Dakila Carlo Cua, who chairs House ways and means committee, confirmed to reporters last Friday that they already received last week the DOF’s draft bill containing the second tax reform package. Cua said Finance Undersecretary Karl Kendrick T. Chua will brief the House leadership about the new tax package on Wednesday, January 24. ■
The ‘Selfies’ generation idolatry on...
Calendar of Events across
ABANDONED BY HER BIRTH PARENTS, WILL NIKKA BE LEFT BEHIND AGAIN WHEN USCIS CHALLENGED HER ADOPTIVE PARENT’S ELIGIBILITY TO PETITION HER? Lilia (right) and her husband Peter filed a petition to adopt Nikka (left) when the child was 12 years old. The adoption decree was issued six (6) days before Nikka turned 16 years old, and the certificate of finality came out two (2) months after Nikka’s 16th birthday. When Lilia and Peter filed an Immediate Relative Petition for Nikka, the USCIS served a Request for Evidence (RFE), challenging their eligibility to adopt Nikka. Lilia and Peter were devastated, depressed, and in despair. Would this mean losing the chance to be reunited with their adopted child - whom they loved and considered their own? Watch how leading U.S. immigration attorney Michael J. Gurfinkel came to the rescue and secured approval of their petition in a mere two months, on an encore episode of “Citizen Pinoy” – on Sunday at 6:15 p.m. (PST) on TFC. (Advertising Supplement)
CJ3
TFCU talks heads to UC Davis TFCU Talks will be in Davis, California on Saturday, February 3, 2018. An affiliate of ABSCBN International, TFCU Talks Davis will feature a lineup of top industry leaders to connect, inspire, and empower college students and young professionals to help them realize their full potential. TFCU Talks Davis is co-presented by Mga Kapatid (My Brothers and Sisters) - a social, political, cultural, and academic organization for the Pilipino-American community at UC Davis. The event takes place at the Wyatt Pavilion Theatre in UC Davis (Arboretum Dr, Davis, CA 95616). Speakers include Christine Gambito (comedian, YouTube personality), Sydney Loyola (trans choreographer), Rudy Corpuz Jr. (co-founder of United Playaz), and Mike Sagun (career coach). TFCU Talks Davis is an exclusive free event with limited seating
F E B R UA RY 2 0
“Usapang Pagkain”: A monthly series exploring wellness with Filipino cuisine in Chicago, IL Philippines European Chamber of Commerce president Guenter Taus
Nordic Chamber of Commerce of the Philippines Inc. president Bo Lundqvist said. Latest figures from the Bangko Sentral ng Pilipinas (BSP) showed FDI inflows to the Philippines from January to October 2017 reached $7.86 billion, 20.5 percent higher than the $6.52 billion registered in the same period the previous year. The BSP earlier raised its net FDI inflow target for 2017 to $8 billion from an initial $7 billion after FDIs reached a record high $7.9 billion in 2016. “We expect continued strong economic growth in 2018, hopefully moving above seven percent,” Forbes said. “It is realistic to expect a GDP (gross domestic product) growth of seven percent in 2018. This may increase if the planned infrastructure spending is executed according to plans, and if the tax reform is implemented as planned, giving almost all income earners a higher disposable income for spending,” Lundqvist added. For this year, the business leaders said investors have set their sights on the government’s
File photo by Philstar
Build Build Build initiative. Lundqvist said the lack of proper core infrastructure is the biggest challenge to the country’s continued growth, as the Philippines continues to lag behind its Asian neighbors in this area. He said the proposed Build Build Build plan should be able to address key areas of infrastructure “if implemented on time, as planned, and in a transparent and fair conduct.” For Forbes, 2018 should be the year to start many major infrastructure projects for new bridges, toll roads, rail lines, water projects, telecommunications and airports. “We are very supportive of the administration’s Build Build Build initiatives. What we would like to see now is as clear roadmap of the projects under this program and the next steps that need to be taken in order to get things going. Specifically, we need to see a clear plan to really show potential investors that, not only is there political will to get the Philippines on the right track, but there are already steps taken and a solid plan moving forward,” Taus added. ■
Community-based organization AFIRE (Alliance of Filipinos For Immigrants Rights & Empowerment) and food media and events group Filipino Kitchen will explore wellness and health with Filipino Cuisine in a monthly series, Usapang Pagkain. The event series is free and open to the community. Each event will highlight a Filipino dish or dishes, including recipes. During the weekday evening events, a light dinner of the highlighted dishes will be provided. Made possible with a grant from Blue Cross Blue Shield of Illinois, the purpose of the series is to explore how Filipino food can best serve our community. On Tuesday, February 20 from 6 to 8 p.m., the focus is “Healthy & Happy Hearts.” The event will take place at the Hana Center (4300 N. California Ave., Chicago, IL). Schedule and venues are subject to change, please check http://afirechicago.org and http://filipino.kitchen for the most up-todate information. - first come, first served. For all ticketing information, and to reserve your spot, please visit tfcudavis.eventbrite.com.
F E B R UA RY 22
Immigration forum in Anaheim, CA There will be an immigration forum on Thursday, February 22 from 6 to 8 p.m. at the Brookhurst Community Center (2271 Crescent Ave., Anaheim, CA 92801). RSVP is a MUST to attend. No registration fee required. Please contact (714) 657-7460 or admin@globallawcenters.com. The immigration forum is about employment-based immigration information regarding FAST TRACK Work Visas ( H-1B1, TN, E-3), green card by marriage, family-based immigration employment sponsorship for green card and work visas after graduation. Candidates with H-1B, TN, F-1, OPT & other visas issues are encouraged to attend for a FREE immigration consultation & immigration assistance. As you have already seen there are many changes happening in the field of immigration with regards to the new executive administration and their agenda. Global Law Centers strives to inform the immigrant community of its rights and make sure it is knowledgeable about what immigration processes might be available. The forum will also update everyone about new and recent changes which may affect immigrants and their families.
If you have an upcoming event and would like us to post it, please email us the details at info@asianjournalinc.com or calendar@asianjournalinc.com