Community Journal
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Immigration Corner Atty. Michael Gurfinkel, ESQ WHENEVER a person commits fraud in obtaining an immigration benefit (such as entering the US under a different name, using bogus documents, applying for benefits to which they are not entitled, etc.), the person is typically required to file a Form I – 601, waiver of inadmissibility, or fraud waiver. To be eligible to apply for a fraud waiver, the person must demonstrate he or she has a US citizen or green card holder spouse or parent (called “qualifying relatives”), and the qualifying relative(s) would suffer “extreme hardship” if the fraud waiver is not granted or approved. Immigration cases and memos describe the various factors which could demonstrate extreme hardship. Among the strongest factors are the mental and physical condition of the qualifying relative. The more depressed or sickly the qualifying relative is, the stronger the case. Recently, my office had a very challenging fraud waiver case. Years ago, a Filipina entered the US as a visitor under a different name. She later married a US citizen, who wanted to petition her, but because she entered under a different name, she would need to file a fraud waiver. However, the husband was a very wealthy, successful, healthy, emotionallystable psychologist, and therefore, most of the traditional hardship factors would not apply to
Dr. Val’s Dental Views Dr. Valerie
de Leon
DO you have a toothache? Wear these fish bones around your neck, repeat a chant, and drop a few pears into the river! Sounds ridiculous, right? But those are toothache remedies you’d hear during the Middle Ages! You can imagine how frustrating it must have been for our ancestors with tooth pain—they were willing to try anything for relief! Modern dentistry has swept away many bizarre superstitions—however, some people still believe dangerous myths about toothaches and how to cure them. Different “cures” from different cultures There are a lot of unusual methods for relieving toothaches we’ve gathered from various cultures (both ancient and modern) around the world. One common belief was that dental pain was caused by a “tooth worm” that had burrowed its way inside a tooth. To coax the worm out, people would inhale smoke, smear their teeth with honey, and
him. A qualifying relative typically goes to a clinical psychologist for evaluation, to confirm or evaluate their mental condition and extreme hardship. In this case, the husband who was a psychologist, diagnosed himself, and concluded he was not suffering from any severe or clinical psychological ailments. He pointed out that he was not going to go to a colleague or competitor seeking evaluation or treatment. Moreover, it would seem ironic that a psychologist, whose job it is to treat people for these conditions, was not able to treat himself? That would be like an immigration lawyer with visa problems: shouldn’t they know how to solve it themselves? Our office was still able to gather information about his life, background and present circumstances, and we were able to develop a case where there were other aspects and factors in his life, demonstrating his reliance or dependence upon his wife, and he would be affected (or suffer from extreme hardship) if the fraud waiver was not granted. He testified that he needed his wife, and would be in bad shape emotionally if she were deported. She was his “shoulder to cry and lean on” for support. At the wife’s adjustment interview, while the officer read the husband’s declaration, he still wanted to hear directly from the husband about his various hardships. The result: case approved! I want to be clear that I am not
providing any kind of “guarantee” concerning the success or results of anyone’s case. But my point is that if a person is required to file a Form I– 601, it is still possible that even if they do not meet all the traditional or listed extreme hardship factors, there may be other facts and circumstances that can be developed and packaged to make the qualifying relative’s situation appear like a tear – jerking TFC teleseria. And while I’m not saying everyone’s fraud waiver will be approved, if this situation applies to you, you may want to seek the assistance of an attorney, who could thoroughly evaluate your situation (and your qualifying relative’s situation), to see if there is extreme hardship. *** Michael J. Gurfinkel 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 reenactments) 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 attorneyclient relationship is, or shall be, established with any reader. WEBSITE: www.gurfinkel.com 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)
Crazy things people believe about toothaches swish with all kinds of disgusting rinses. Others include: • Putting both stockings on one foot. • Driving a horseshoe nail into your house’s front door lintel. • Spitting out bread by an anthill, and as the ants carry it away the pain will leave. • Complaining to a pear tree about your toothache. • Vowing to never comb your hair on a Friday or shave on a Sunday. Though these may seem absurd, let’s not be too quick to judge— there are still plenty of false beliefs about toothaches today! Modern toothache myths There are several causes of dental pain including cavities, gum disease, infection, and chipping. These three tips will help debunk some common myths that could stop you from getting the treatment you need: • Do not put aspirin on your tooth. Aspirin does nothing to relieve pain when applied topically, and could result in a nasty acid burn on your cheek and gums. • A toothache does not mean
you will lose the tooth. There are treatments that can save even badly infected teeth. • If pain is off-and-on, you still need a checkup. Pain is your body’s way of telling you something is wrong. It shouldn’t be ignored. Don’t wait to visit us if you have pain Trust our practice for solutions. Nobody should have to live with dental pain. Our practice is focused on the latest treatments to not only relieve toothaches, but to create healthy and resilient smiles, so you can get back to living your life. Don’t let one more day of dental discomfort go by without contacting us. We cherish our relationship with you as our valued patients and friends! *** If you have questions, pls call Dr. Valerie de Leon at (650) 697–9000 or visit our website at www.millbraesmiles.com. She is with Millbrae Smile Center located at 15 El Camino Real, Millbrae 94030. She is a member of American Academy of Cosmetic Dentistry, Academy of Laser Dentistry, ADA, CDA and SMCDS. Please call for a free consultation. (Advertising Supplement)
For example, as proof of identity, we must see your: • US driver’s license; • State-issued non-driver identification card; or • US passport. If you do not have one of these specific documents, or you cannot get a replacement for one of them within ten days, we will ask to see other documents, including a(n): • Employee identification card; • School identification card; • Health insurance card (not Medicare card); or • US military identification card. Remember, you are limited to three replacement cards in a year or ten in your lifetime. Legal name changes and other exceptions do not count toward these limits. For example, changes in immigration status that require card updates may not count toward these limits. Also, you may not be affected by these limits if you can prove you need the card to prevent a significant hardship. Legal name changes and other exceptions do not count toward these limits. For example, changes in immigration status that require card updates may not count toward these limits.
Also, you may not be affected by these limits if you can prove you need the card to prevent a significant hardship. Legal name changes and other exceptions do not count toward these limits. For example, changes in immigration status that require card updates may not count toward these limits. Also, you may not be affected by these limits if you can prove you need the card to prevent a significant hardship. Legal name changes and other exceptions do not count toward these limits. Also, you may not be affected by these limits if you can prove you need the card to prevent a significant hardship. What’s more important than having your card is knowing your Social Security number. This is how we identify you, tally your wages correctly, and how we eventually issue you accurate retirement benefits. You might not even need your card for identification purposes if you know and consistently use your correct number. For more information about replacing a lost or stolen Social Security number card, go to www. socialsecurity.gov/ssnumber. (By Deogracias Santos /Social Security Public Affairs Specialist in the Northern Area)
to 2017 are as follows: President: Atty. Rene Santiago; Executive Vice President: Atty. Flomy Diza; Executive Vice President (Northern CA): Atty. Manny Mallabo; Executive Secretary: Atty. Alberto Montefalcon; Recording Secretary: Atty. Louella Sugui-Diza; Treasurer: Atty. Rebecca Torres; Auditor: Atty. Danny Sabado;
Business Manager: Atty. Raffy Cabatic; Press Relations Officers: Atty. Pres Ordinario & Atty. Clarence Decano; Board of Directors: Atty. Jeanne Serrano; Atty. Evelyn Alfonso; Atty. Dennis Mesina, Atty. Willy Magsaysay, Atty. Raul Picardo; Atty. Roy Manongsong; and Ex Officio: Atty. Melba Cawit. (Rene Santiago)
IBP – CAL elects new set of officers…
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less otherwise disbarred. The IBP-CAL is the only chapter formed outside of the Philippines that is recognized by the IBP national organization. This chapter was created and recognized in the year 1998 for lawyers residing in the United States of America. The new set of officers elected for 2015
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A very difficult fraud waiver victory
Replacing your Social Security card? Know before you go KEEPING your Social Security number card in a safe place is vital to protecting you against identity theft. Never keep it in your purse or wallet – this is the most common way people lose their card. No matter how hard you try to keep track of your important documents, sometimes they get lost or even stolen. Getting a replacement Social Security number card is free, but you will have to provide the proper documents to get a new one. Being prepared will save you time at the Social Security office or card center. If you are replacing your card, you will need original or certified copies of the required documents, which include: • Proof of citizenship: If you have not already established your US citizenship with us, we need to see proof of US citizenship. We can accept only certain documents as proof of US citizenship, like your US birth certificate or US passport. • Identity: We can accept only certain documents as proof of identity. An acceptable document must be current (not expired) and show your name, identifying information (date of birth or age), and preferably, a recent photograph.
NORCAL ASIAN JOURNAL • AUGUST 7-13, 2015
ENCORE EPISODE ON ‘CITIZEN PINOY!’ Can “following to join” apply to my kids, so they can come to the US faster? Our adjustment of status was denied. Can my kids now qualify for DACA? Will filing for citizenship affect my husband’s petition of our daughter? These and more will be answered by leading US immigration attorney Michael J. Gurfinkel on an encore episode of the information-packed, award-winning public service program -- “Citizen Pinoy,” this Sunday, August 9 at 6:15pm PST/EST (9:15pm EST thru select Cable/Satellite providers).
UP-Mindanao offers four full scholarships for college freshmen CHICAGO, Ill. -- Freshmen students entering college for academic year 2015-2016 at the University of the Philippines Mindanao have an opportunity to apply for any of the 4 full scholarship grants being offered in BS Food Technology (2 slots) and School of Agribusiness Economics (2 slots). All 4 scholarships include school fees and monthly allowance for four years for students who meet the grant terms and requirements. Application documents should be submitted to Liza Fulvadora of the Scholarships and Financial Services, Office of Student Affairs, UP Mindanao Administration Building, Mintal, Davao City. For queries, use telefax (082) 293-1353, mobile +639-918-4934, and osa. upmindanao@up.edu.ph. Document submission deadline is Friday, August 14, 2015. The scholarship grant of $30,000 was established by the University of the Philippines Alumni Association of Greater Chicago (UPAAGC) from the proceeds of Dr. Raul Sunico piano concert in August 2010 under the initiative of Grace A. Villamora, 2010 UPAAGC President, the 2010 UPAAGC Board, and Education Committee. Unprecedented in scope and donation funding, this UPAAGC grant provides a chance of a lifetime for bright Filipino students to finish college despite family hardships
UPAAGC 2015 UP Mindanao Scholars: From left: Abbie Glenn Estribillo, BS Food Technology, cum laude, Chancellor Sylvia B. Concepcion, PhD., Evelyn Kalaw Espina, 2010 UPAAGC Treasurer, and Yunace Autentico Dayaganon, BS Agribusiness Economis, dean’s list.
and displacements in Mindanao. UPAAGC supports the academic excellence and faculty commitment at UP Mindanao including its renowned leadership in food technology research and agribusiness economics programs in the region. UPAAGC strives to fulfill its mission to promote and elevate the quality of education at the University. In 2010, UPAAGC also donated $5,000 to UP Los Banos Library, and $6,000 to UP Diliman Institute of Chemistry to help rebuild the labs burned down by accidental fires. To sustain future alumni programs, $12,000 operating funds were left over to the UPAAGC Board for 2011. In June 2015, UPAAGC’s first batch of scholars finished their 4-year college education with
flying colors: Abbie Glenn Estribillo, BS Food Technology, cum laude, and Yunace Autentico Dayaganon, BS Agribusiness Economics, dean’s list. “The grants provided us with much better future having been the first in our families to finish college. Words cannot express enough our gratitude to UPAAGC. Your generosity is so inspiring and memorable. Salamat po,” excerpted from emails of Abbie and Yunace. Johanna Segala, 2015 UPAAGC President remarked, “Naiiyak naman ako sa sulat ng mga batang ito. Their progress report letters are so touching. Our concerted efforts in Chicago are richly rewarded.” Johanna invites all UP alumni and friends to visit upaagc.org for upcoming events and program. n