How filing for divorce can affect your green card and what you can do to protect it

Hollywood]? Honestly, I don’t know. I hope so. I will try my best and I will work just as hard as I ever did, but who really knows for sure,” she further explained.

The “Dolce Amore” star, who signed with James Reid’s label Careless in June 2022, also admitted that she used to see change as a “negative thing,” although she realized that it can be seen as an opportunity to learn and grow.

“I grew up hearing from the more experienced people in my industry, ‘Wag ka magbago ah, ‘wag lalaki yung ulo mo.’ So that really stuck with me and I started viewing change as a negative thing,” she recalled. “Having been in the industry for over a decade, I started wanting to explore different things, to go beyond what I think I’m capable of. I’m human, we’re ever evolving and have the right to aspire for growth and will naturally change our minds about things. It’s just a natural process, and it shouldn’t be seen so negatively.”

The ex-Kapamilya star received backlash following her controversial vlog in February 2023, where she opened up about her experiences in working with ABS-CBN and former talent manager Ogie Diaz when she was 12 years old.

A month later, Soberano apologized to her previous network, Diaz, and boyfriend, Enrique Gil at an exclusive uncut interview with Boy Abunda. “You know ABS-CBN was always my second home. I have devoted so many years to them, and I’m also sorry again to them if there were people that I’ve worked with closely that were offended by some of the things I’ve said in my vlog. It was not my intention,” she said.

The actress however expressed her gratitude to ABS-CBN for taking a “risk” on her, saying, “They know this. I’m thankful to them for taking a risk on me when I was a nobody, for investing in me, developing me, and for creating Liza Soberano.”

DIVORCE is a difficult and emotional process that can have a significant impact on many aspects of a person’s life, including their immigration status. For individuals who have obtained a green card through marriage to a U.S. citizen or permanent resident, a divorce can have serious consequences. There are many people in this situation specially in major metropolitan cities such as Los Angeles which is a melting pot of intercultural marriages.

When a foreign national marries a U.S. citizen or permanent resident and the marriage is less than two years old, the foreign national is granted a conditional green card. This conditional green card is valid for two years and must be converted to a permanent green card before it expires. To convert the conditional green card to a permanent green card, the couple must jointly file a petition to remove the conditions within the 90-day period before the expiration of the conditional green card. This requires the signature of both the US Citizen Spouse and the LPR spouse on the I-751 form.

If the couple is divorced before the two-year period is up, the foreign national may be at risk of losing their conditional green card. However, if the couple has already filed a joint petition to remove the conditions and the foreign national is divorced before the petition is approved, the foreign national may still be able to obtain permanent residency by converting the joint petition into a waiver. If the joint petition to remove the conditional lpr has not yet been filed, then the immigrant spouse may file for a waiver of the joint petition requirement.

To obtain a waiver, the foreign national must prove one of three things: that the marriage was entered into in good faith but ended in divorce or annulment, that the foreign national was subjected to domestic violence or extreme cruelty by the U.S. citizen or permanent resident spouse, or that the foreign national would suffer extreme hardship if they were forced to leave the United States.

The process of obtaining a waiver can be complex and requires a significant amount of documentation and evidence. It is important to consult with an experienced immigration attorney to ensure that all necessary documentation is submitted and that the waiver application is prepared properly.

In some cases, a divorce can also affect a foreign national’s ability to obtain a green card in the first place. If a U.S. citizen or permanent resident spouse files for divorce before the foreign national’s green card application is approved, the foreign national may be denied a green card. This is because the U.S. government may view the marriage as fraudulent if the couple divorces before the foreign national’s green card application is approved. If you are a foreign national who has obtained a green card through marriage and you are considering divorce, it is important to consult with an experienced attorney that practices in the area of family law and immigration to understand how the divorce may impact your immigration status. An attorney can help you navigate the complex immigration laws and ensure that your rights are protected throughout the divorce process.

* * * Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, P.C. This article is not a solicitation.

* * * Attorney Kenneth Ursua Reyes was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH REYES, APC is located at 3699 Wilshire Blvd., Suite 747, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@kenreyeslaw.com. Visit us at kenreyeslaw.com (Advertising Supplement)

What is the purpose of bankruptcy law?

Debt Relief

Atty. LAwrence yAng

THE highest profile cases of bankruptcy filings are Walt Disney, Milton Hershey, Orange County, a certain Catholic diocese in the USA that was hit by the child molestation cases, the bankruptcy filings of the Trump companies during the 90s wiping out billions of debt, Toys R Us, Hertz car rentals, among many others.

A distinction can be made between individual bankruptcies as in the person Walt Disney, and the person Milton Hershey who both filed personal Chapter 7 cases, with Mr. Disney filing twice, and Mr. Hershey filing Chapter 7 once, before their businesses became wildly successful and making them both billionaires subsequently, and entity or business filings as in Orange County, the Catholic church dioceses, Hertz car rentals, and the Trump companies.

Why did the Constitution of the United States specifically authorize congress to enact bankruptcy law?

The United States Supreme Court has time and again stated that the primary policy of bankruptcy law is to give consumer debtors a “fresh start” by discharging their debt.

In the case of businesses, the policy is almost the same; that is, the purpose of bankruptcy law is to give the business a chance to start again by discharging their debt. Of course in the case of businesses, the owners of the business, the stockholders bear the brunt of the loss after creditors are paid under a bankruptcy liquidation or reorganization. In the case of Hertz — which already had financial problems before the pandemic struck, due to its large debt of $19B that it was having a hard time paying — had its stock price drop from about $100 in 2014, to $15 just before the pandemic hit in late 2019, and dropping rock bottom to $1 when it filed for bankruptcy reorganization in the middle of 2020. So, stockholders who did not sell at the peak in 2014, saw their shares of the company drop to almost zero when it filed for bankruptcy.

Because the court approved its bankruptcy reorganization plan, the company exited bankruptcy in late 2021. So those who bought at $1 have already been rewarded with a six times return on the investment of $1 that is now $6. Certainly, the plan would pay something to creditors but not

$19B, most likely a portion of that, maybe 20%. Hertz came out of bankruptcy as a much lighter company with very manageable debt and become a productive business again, able to bring in good profits as travel business continue to recover with the virus totally under control.

The “fresh start” is accomplished by allowing debtors to keep most if not all their assets through a system of exemptions provided by federal or state law, while discharge all debts, which are dischargeable. A debt is dischargeable in bankruptcy if it is not excepted from discharge. If it is not excepted, then it is discharged.

The exceptions to discharge are limited and clearly stated in the bankruptcy code. For example, a debt obtained by fraud is not dischargeable. So if you obtained a credit line of $1M from the bank by falsely claiming that your business sells $10M a year and it is later discovered that the sales figure is grossly inflated — as proven by the significant absence of the necessary inventory in the warehouse stated in the financial statements submitted to the bank when applying for the loan — then that credit line of $1M is not dischargeable because of fraud.

Another example is a debt owed because you killed someone because of your negligence. You made an illegal U turn, which caused an accident that killed someone. The deceased left a wife and two kids who sued you the death of her husband and their father. They were able to get a judgment against you for $3M. That $3M judgment is not dischargeble. Or, let’s say you’re the pilot who flew the helicopter that crashed and killed Kobe and his daughter. There is a judgment against you for $10M. That judgment is not dischargeable.

All debts are dischargeable unless excepted. Thus, if you owe $280,000 of credit cards and $5M of bank loans that you guaranteed for your business, all of that $5.280M is dischargeable when you file Chapter 7. How do you get a fresh start? Let’s say you own a house in LA with equity of $400,000, a retirement account of $500,000, two nice cars which you are still paying for, all the furniture in your house (assuming these are normal stuff, not like a concert piano worth $100,000), you get to keep all of these assets while getting rid of all of your debt of $5.280M.

So you get to keep all your assets, which are worth $900,000 while you wipe out all of your unsecured debt of $5.280M. That’s how you get a fresh start in life. Let’s say your income as an executive is

$90,000 a year, you still keep that income which is protected by law so your creditors can’t touch it. You still keep your two cars as long as you keep on making the car payments on time.

You get a fresh start because you don’t have to worry about the $5.280M of creditors hounding you day and night, suing you and threatening to put a lien on your house and garnish your wages.

You just flush the $5.280M of debt down the drain and don’t have to worry about them anymore for the rest of your life, but you still own your house, your retirement account, your furniture, your cars, just about all of what you own, including your salary. Isn’t that great? It sure is.

In other countries, you lose everything when you declare bankruptcy. Here in the good old USA, you get a “fresh start,” without accumulated debt and keep most if not everything you own. It’s the best bankruptcy law in the planet that favors debtors over creditors, just so debtors can have a “fresh start” in life without accumulated and debilitating debt. It’s literally a resurrection after financial death, a new life with all your assets intact without debt.

What more can anybody ask for? Just ask Walt Disney and Milton Hershey. Mr. Disney filed for Chapter 7 twice then his Disney business became a global success making him a billionaire. Mr. Hershey filed once, then his business became the biggest global chocolate business making him a billionaire. Bankruptcy law in the USA is a blessing indeed!

Without it, we won’t have Disneyland to go to, and we won’t have Hershey chocolate bars to enjoy. Both these business were made possible and came to fruition because of bankruptcy law. And the next time you rent a car from Hertz, you can thank bankruptcy law for its resurrection.

If you have too much debt and need relief, please set an appointment to see me. I will analyze your case personally.

* * * Disclaimer: None of the foregoing is considered legal advice for anyone. Each case is different. There is no absolutely no attorney client relationship established by reading this article.

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