Bridgeway Immigration Consultancy

Tuesday, February 6, 2018

Trump's plan vs. chain migration to cost many Pinoys chance to live in US

The Trump administration's plan to end "chain migration" or family-based immigration could bring many Filipinos' pending immigrant petition to the US to naught, GMA News' Cedric Castillo reported on 24 Oras on Monday.

In his State of the Union Address last week, US President Donald Trump blamed the recent terrorist attacks in New York to chain migration, which allows an immigrant to bring to the US his or her distant relatives.

"In recent weeks two terrorist attacks in New York were made possible by the visa lottery and chain migration," Trump said. "In the age of terrorism, these programs present risks we can just no longer afford."

The report said Trump wants the granting of sponsorship to be limited only to the immigrant's wife and children who are minors.

There are two categories for sponsorship to the US: immediate relatives, which covers the wife, children and parents of a US citizen; and family-based immigration, which covers the US' citizen's children who are 21 years and above, as well as his or her. The latter also covers the family of a permanent resident.

Lawyer Ryan Barshop, an immigration consultant, said it is easier for immediate relatives of a US citizen to get an immigrant status.

The Philippines is fourth country that has the biggest number of petitions for immigration in the US.

Based on the latest visa bulletin of the US State Department for the F4 category, it is currently processing petitions submitted before October 1, 1994 — or almost 24 years ago.

Malacañang has yet to comment on Trump's immigration plan.

(Source: http://www.gmanetwork.com/news/pinoyabroad/immigrationguide/642239/trump-s-plan-vs-chain-migration-to-cost-many-pinoys-chance-to-live-in-us/story/)
http://bridgewayimmigration.com

Monday, November 13, 2017

Trump’s immigration proposal could dash Filipinos’ “American Dream”

Filipino anti-U.S. activists sent a clear message ahead of U.S. President Donald Trump’s arrival in the Philippines: No, he isn’t welcome. But while many other Filipinos may share their contempt for Trump, they don’t share the anti-U.S. sentiment.

“Everyone’s dream — naman — is to go to the U.S.A.,” said U.S. immigrant-hopeful Jonalyn Caliwag.

It’s a dream that Caliwag’s mother and siblings, as well as close to 4 million other Filipinos, are living now. Filipinos make up the second largest Asian ethnic minority in America.

For those wanting to move to the United States, there is no more important building than the U.S. Embassy in Manila.

Caliwag was already approved as a minor petitioned by a parent living in the U.S. But then she turned 21, at which point she had to be moved to another visa category. Now she fears she may never set foot in the United States.

“From what I’ve seen in the news, Trump does not want more foreigners to be living in the U.S. So I’m worried my mother’s petition for me might never materialize or that I might have to wait a lot longer,” she said.

Earlier this month, Trump told Fox News he plans to also put a stop to chain migration, a policy that has allowed legal immigrants to apply for relatives to come to the U.S., as part of a plan to end the Deferred Action for Childhood Arrivals or DACA program.

But Ryan Barshop, a U.S. immigration attorney based in Manila, says it’s not likely to be a doomsday scenario for petitioned relatives.

“If they did end it and it was passed by Congress, you would have a grace period,” he explained.

“Okay, we’re gonna allow 18 months, let’s just say 18 months to two years, we’re gonna push through all the backlog in that 18 months to two years, get everybody in, and you’re also gonna have 18 months to two years to file.”

But Barshop conceded that doesn’t mean people won’t be hurt.

“Now, if it does change the system, will there be innocent parties? Absolutely, there’s no question about it, people are going to be hurt. In that situation, there are no winners,” he said.

Caliwag has waited close to 20 years to be reunited with her mother. She says she wouldn’t mind waiting another ten, as long as her family can be together again.

(Source: https://america.cgtn.com/2017/11/11/trumps-immigration-proposal-could-dash-filipinos-american-dream)
http://bridgewayimmigration.com

Monday, July 10, 2017

Proxy Marriage?

Maybe a proxy marriage is for you, maybe not.

A proxy wedding or (proxy marriage) is a wedding in which one or both of the individuals being united are not physically present, usually being represented instead by other persons. If both partners are absent a double proxy wedding occurs.

Marriage by proxy is usually resorted to either when a couple wish to marry but one or both partners cannot attend for reasons such as military service, imprisonment, or travel restrictions; or when a couple lives in a jurisdiction in which they cannot legally marry.

Proxy weddings are not recognized as legally binding in most jurisdictions: both parties must be present. A proxy marriage contracted elsewhere may be recognised where proxy marriage within the jurisdiction is not; for example, Israel recognises proxy marriages abroad between Israelis who might not have been permitted to marry in Israel. Under the English common law, if a proxy marriage is valid by the law of the place where the marriage was celebrated (the lex loci celebrationis) then it will be recognised in England.

United States

In the United States, proxy marriages are provided for in law or by customary practice in Texas, Colorado, Kansas, and Montana. Of these, Montana is the only state that allows double-proxy marriage. Proxy marriages cannot be solemnized in all other U.S. states.

In 1924, a federal court recognized the proxy marriage of a resident of Portugal, where proxy marriages were recognized at the time, and a resident of Pennsylvania, where common-law marriages could be contracted at the time. The Portuguese woman was allowed to immigrate to the United States on account of the marriage, whereas she would have been inadmissible otherwise due to being illiterate.

During the early 1900s, United States proxy marriages increased significantly when many Japanese picture brides arrived at Angel Island, California. Since the early 20th century, it has been most commonly used in the United States for marriages where one partner is a member of the military on active duty. In California, proxy marriage is only available to deployed military personnel. In Montana, it is available if one partner is either on active military duty or is a Montana resident.

Philippines

Marriage is an inviolable social contract and institution where a man and a woman enter into a permanent union governed by law to establish a conjugal and family life. Its consequences and incidents are governed by law and not subject to stipulation except for the property relations between husband and wife in the marriage settlement.

The essential elements of marriage are the following: the contracting parties must be male and female with the legal capacity to enter into marriage and their consent must be given freely in the presence of the solemnizing officer.

Formal Requisites:

Authority of the solemnizing officer
Valid marriage license
Inconsistencies between application and evidence
The marriage ceremony must take place with both parties before the solemnizing officer and at least 2 witnesses of legal age where they (the parties) give their personal declaration to take each other as husband and wife

Marriage by proxy is not allowed in the Philippines; but such marriages are recognized here if valid in the countries where they're performed. The marriage license is issued by the local civil registrar of the municipality where either of the parties resides. The marriage license is valid anywhere in the Philippines for 120 days. It isn't an essential requisite but it's the best evidence of the marriage.

Don't waste your money

Contact an immigration attorney before you embark on any Proxy Marriage journey. A proxy marriage may add to proof of a bona fide relationship to obtain a K-1 Visa as it demonstrates commitment.

Ryan Barshop

http://bridgewayimmigration.com/blog

Wednesday, July 5, 2017

K-1 Visa Problems!

Waiver of K-1 two year limit extreme hardship or violate/religious tradition. Or physically unable to fly married within 90 days.

A K-1 visa is a visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry, or depart the United States.

There may be problems with this process, and I will try to help you understand them and what to do to fix them

Reason #1 Insufficient evidence of a Bona Fide Relationship

These could be anything from your age difference to what vibe they feel during the interview.

Some items that may raise a red flag as to your relationship’s legitimacy:

Engaged a very short time after meeting
Huge age difference
Different religions
Severe difference in culture
No common spoken language
Very little physical time together
Poor interview - such as deceptive responses or inconsistency

Reason #2 Fraud or Misrepresentation

As the law states:

Here are some examples we’ve seen of fraud and misrepresentation:

Photoshopping or fake photos
Falsified affidavits from friends and family
Inconsistencies between application and evidence
Applying for the wrong type of visa to intentionally circumvent the immigration process
Not disclosing medical or criminal history
Falsifying income

Reason #3 Unqualified

Here are a few examples we see related to this one:

2 year meeting requirement Applicant starts the petition qualified, but takes their time filling out the information, and by the time they file it 6 months later, they find , themselves out of the 2 year meeting requirement. Keep in mind the 2 year meeting requirement is from the date you file your petition with the USCIS.
Income requirement Either the petitioner’s income changes for the worse during the application, or the numbers just don’t add up via the evidence and the income requirement can’t be met.
Free to marry requirement Petitioner or applicant are in the process of a divorce or annulment when the application is submitted, however divorce or annulment isn’t finalized. If you’re already married, this disqualifies you from being eligible to marry.

What to do if you are denied for any of these reasons.

The first step is to figure out what went wrong which an attorney can help you. Sometimes no explanation is given especially if it is a subjective opinion of the interviewer. The most common is the lack of a bona fide relationship.

Here are the alternatives if denied either by USCIS or Embassy.

A. Appeal the denial at the USCIS Level.
Appealing the denial is one option provided that the denial occurs at the USCIS level. You have 33 days to file a form I-290B, Notice of Appeal or Motion. There is a non-refundable $630 fee. Whether or not your denial is overturned, this fee will not be returned.

If your K1 Fiance Visa has been denied by USCIS, you have the right to an appeal. You must file your appeal with USCIS within 30 days of the date that your petition was denied. You will have to submit your appeal on form I-290B with the filing fee. The other option is to withdraw your first petition with a “letter of withdrawal” and then file again. For many reasons, costs being one of them, this is a good option.

If your case has already been returned to USCIS for further processing, you can USCIS to reaffirm their original approval and re-submit your application to the Embassy for a second time. Keep in mind, this process can take a very long time and for that reason, you may be best to simply withdraw your petition and then re-file.

B. Start over with the K1 visa process.
Wherever the denial stems, USCIS or Embassy, another common thing people do is start over from scratch by re-applying for the K-1 visa. Be aware that your previous denial could play into the whole scenario. If you do re-apply, you should do it with the knowledge of what went wrong so you can fix that this time around. Your goal is to leave no doubt in the government’s mind that your relationship is bona fide, and you are eligible for the visa.

I can help you to make sure you meet the government requirements. If you are truthful and we cover all the potential reasons for denial, we can get a good chance you’ll be approved. However, if you are from certain regions like western Africa or Jamaica, you may have a tougher time with the K-1 than the Philippines in my experience. We want you to succeed.

C. Get married and apply for a CR-1 visa.
Another route denied couples get is to just bite the bullet, get married outside the United States and apply for a CR-1 spousal visa. Getting married could overcome the challenge of convincing the officer that you are serious about your relationship. Perhaps the consular officers feel it’s less likely for people to commit immigration fraud on a spousal visa rather than a fiance visa.

Seeking a Waiver

A waiver is needed in the event that the petitioner is barred (i.e. a sex offense conviction under Adam Walsh Act). Here are the applicable sections of the K-1 law.

Extraordinary Circumstances Waiver. This is the waiver you will need if for example you were unable to travel/meet within the two year requirement. This may be due to illness or some extraordinary circumstance. In one case I had the US Citizen was in the Military and met his fiance while in the Philippines. They decided to marry after he left. Before they could arrange the travel he was stationed remotely where he could not bring his wife. The two year requirement could not be met for that reason and they got this waiver.

If you have ever been convicted of a violent criminal offense against a person or persons, USCIS will not grant a filing limitations waiver unless you submit evidence to demonstrate that extraordinary circumstances exist. In addition to evidence explaining the reasons for your multiple filings, you must also submit evidence of extraordinary circumstances. Examples of such evidence may include, but are not limited to: police reports, court records, news articles, trial transcripts reflecting the nature and circumstances surrounding your violent criminal offenses, your rehabilitation, ties to the community, or records demonstrating good conduct and exemplary service in the uniformed services.

Mandatory Waiver. If you committed violent criminal offenses against a person or persons, but were battered or subjected to extreme cruelty by a family member or intimate partner at the time you committed your violent offenses, and you were not the primary perpetrator of violence in the relationship, you may still be eligible for a waiver if USCIS determines that you violated a protection order intended for your protection; you were acting in self-defense; or you committed, were arrested for, were convicted of, or pleaded guilty to committing a crime that did not result in serious bodily injury and there was a connection between the crime committed and you having been battered or subjected to extreme cruelty. You must submit evidence explaining the reasons for your multiple filings, as well as evidence to support a finding that you qualify for a mandatory waiver based on being subjected to battery or extreme cruelty. Examples of such evidence may include, but are not limited to: police reports, court records, news articles, trial transcripts, evidence you acted in self-defense, evidence you were a victim of abuse or battery, evidence you violated a protection order intended for your protection, and any credible evidence that is relevant to your request for a waiver.

USCIS cannot approve your petition unless a waiver of the multiple-filing limitation is granted. *Obviously if you are in this category you need the help of an Attorney to ensure you get the best chance of waiver.

Ryan Barshop

http://bridgewayimmigration.com/blog

Monday, June 19, 2017

Adam Walsh Act!

What it might mean to you and immigration.

Walsh is known for his anti-crime activism and his extreme hatred of criminals, with which he became involved following the murder of his son, Adam, in 1981.

The Adam Walsh Child Protection and Safety Act (AWA) is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006 on the 25th anniversary of the abduction of Adam Walsh from a shopping mall in Broward County, Florida. Walsh, a six year old child at the time of the abduction was found decapitated 16 days after his abduction in 1981; his body was never found.

AWA Litigation in US Federal Court Is Evolving

Generally, a US citizen or permanent resident green card holder must file a petition to immigrate foreign family members to the United States. Such family members include spouses and children. However, the AWA prevents a family member from immigrating if that U.S. citizen or permanent resident petitioner has been convicted of a specified sexual offense against any minor child under 18. The AWA limitation also applies to fiancee petitions by US citizens.

Under the AWA, the United States Citizenship and Immigration Services (USCIS) must first determine that the US citizen or green card holder poses no risk of harm to the foreign family member before the petition to immigrate may proceed. Foreign family members cannot immigrate to the U.S. based on the family relationship if an application for a "no risk" determination pursuant to AWA is denied. Since 2011, the USCIS has denied the vast majority of applications to waive the AWA bar. Many petitioners who fall under AWA provisions are stuck.

According to the USCIS, a successful AWA waiver application requires that the U.S. citizen or resident petitioner show beyond a reasonable doubt he poses no risk of harm to the foreign family member. Often, a US citizen believes he has enough evidence to satisfy the USCIS because it seems obvious he is not a threat to his family member. However, USCIS has set the bar very high to the point that nearly all cases are denied. In its current state, the process seems unfair and unbalanced.

When USCIS receives an AWA Case, it will consider the following questions:

Whether the classification of a particular conviction as a “specified offense against a minor” was to be done using a “categorical” analysis, in which only the elements of the state crime were analyzed, rather than the actual conduct of the United States citizen petitioner;
Whether USCIS was correct in interpreting the “no risk” element of the AWA to mean that petitioners must provide evidence showing “beyond a reasonable doubt” (which is the standard used in criminal proceedings) that they weren’t a threat to their own relatives, or whether the ordinary “preponderance of the evidence” standard should be used;
Whether it was the government’s job to prove the existence of a disqualifying petition, or if that job fell to the petitioner;
Whether a petitioner could appeal certain legal aspects of a “no-risk” determination, or whether the BIA lacked jurisdiction even over these non-discretionary issues; and
Whether the AWA would apply to an individual whose disqualifying offense happened before the new law took effect.

Obviously, you should seek advice from an Immigration Attorney as soon as you can before you begin the process. Urinating in public when you were 19 years old at a Rock Concert might be enough to cause you problems today from the AWA when petitioning for your spouse in the Philippines to join you in the USA.

Ryan Barshop

http://bridgewayimmigration.com/blog

Tuesday, June 13, 2017

US IRS Debt: Can you travel?

INTRODUCTION
If you are a U.S. Citizen in the Philippines and owe back taxes, you may have heard that your passport may be revoked. That is true, so if you are in this situation this article will be of interest to you.

The Law
Tax code Section 7345 is labeled, “Revocation or Denial of Passport in Case of Certain Tax Delinquencies.” The law isn’t limited to criminal tax cases, or even cases where the IRS thinks you are trying to flee. The idea of the law is to use travel as a way to enforce tax collections. It was proposed and rejected in 2012. But by late 2015, Congress passed it and President Obama signed it.

The IRS web Site says this...

IRS Site
Revocation or Denial of Passport in Case of Certain Unpaid Taxes
The IRS has not yet started certifying tax debt to the State Department. Certifications to the State Department will begin in 2017, and this message will be updated to indicate when the process has been implemented. The content presented here is for informational purposes only.
(as of today June 10, 2017, it has not changed)

If you have seriously delinquent tax debt, IRC § 7345 authorizes the IRS to certify that debt to the State Department for action. The State Department generally will not issue a passport to you after receiving certification from the IRS.

See https://www.irs.gov/businesses/small-businesses-self-employed/revocation-or-denial-of-passport-in-case-of-certain-unpaid-taxes for more details and links.

Upon receiving certification, the State Department shall deny your passport application and/or may revoke your current passport. If your passport application is denied or your passport revoked and you are overseas, the State Department may issue you a limited validity passport good only for direct return to the United States.

Certification Of Individuals With Seriously Delinquent Tax Debt

Seriously delinquent tax debt is an individual's unpaid, legally enforceable federal tax debt totaling more than $50,000* (including interest and penalties) for which a:

Notice of federal tax lien has been filed and all administrative remedies under IRC § 6320 have lapsed or been exhausted or
Levy has been issued

Some tax debt is not included in determining seriously delinquent tax debt even if it meets the above criteria. It includes tax debt:

Being paid in a timely manner under an offer in compromise accepted by the IRS or a settlement agreement entered into with the Justice Department
For which a collection due process hearing is timely requested in connection with a levy to collect the debt
For which collection has been suspended because a request for innocent spouse relief under IRC § 6015 has been made

So what can you do?

Seriously - Don’t be 'seriously delinquent.' A seriously delinquent tax debt is a key term. If you don’t have one, your passport is safe. So if you owe the IRS back taxes, keep your debt below $50,000. This however includes penalties and interest, so beware. A $20,000 tax debt could eventually grow to $50,000. And be careful, once your tax debt is labeled 'seriously delinquent,' you paying it down to $49,999 may not help. The IRS will not reverse a certification because the taxpayer pays the debt below $50,000.
Keep it going - Keep your dispute with IRS going. You can usually contest tax bills if you do so promptly. The IRS usually sends multiple notices for any tax debt, and you should respond. Explain why the IRS is incorrect, and keep protesting. If you receive an IRS Notice of Proposed Deficiency or Examination Report, respond. It is sometimes called a "30-day letter," because of the deadline for response. Prepare a protest, and sign and mail it before the deadline. Keep a copy, and proof of mailing, preferably certified mail. Normally a protest will land you in the IRS Appeals Office, where you have another chance to resolve it.
Go To Court - Go to Tax Court. If you fail to protest or you don’t resolve your case at IRS Appeals, you probably will receive a Notice of Deficiency. An IRS Notice of Deficiency comes via certified mail. It is often called a "90-day letter," because you have 90 days to respond. Only one response to a Notice of Deficiency is permitted: filing a Tax Court petition in the U.S. Tax Court clerk’s office in Washington, D.C. The U.S. Tax Court cannot hear your case if you miss the 90-day deadline. You want to keep your tax dispute going so the tax debt does not become final.
Extend - Get extensions. You can sometimes get extensions from the IRS, so keep communicating. For many notices, the IRS will grant an extension of time to respond. In some cases, though, they can’t. For example, when you receive a Notice of Deficiency (90-day letter), you must file in Tax Court within 90 days, and this date cannot be extended. Most other notices are less strict. If you do ask for an extension, confirm it in writing. In fact, confirm everything you do with the IRS in writing.
Communicate - Communicate with IRS. If you get a certification that your debt is 'seriously delinquent' contact the phone number listed on the IRS Notice. If you’ve already paid the tax debt, send proof to the address on the Notice.
Need Proof - Prove you need your passport. If you need your U.S. passport to keep your job, once your seriously delinquent tax debt is certified, you must fully pay the balance, or make an alternative payment arrangement to keep your passport. Once you’ve resolved your tax problem with the IRS, the IRS will reverse the certification within 30 days of resolving the issue.
Agree - Make an installment agreement. It is often not too hard to get an installment agreement with the IRS to pay your tax debt over time. If you sign one, stick to its terms. Even if your debt is huge, the IRS doesn’t call it 'seriously delinquent' if you are paying the installments on time.
Settle - Offer in compromise or settlement. You can also try this route too to settle with the IRS. If the IRS accepts an offer in compromise to satisfy the debt, the rest of it can be forgiven. See IRS Offer in Compromise and IRS Payment Plans, Installment Agreements. In some cases, the Justice Department too can enter into a settlement agreement to satisfy a tax debt.
Innocent - Innocent spouse relief. If the tax debt was your spouse’s, and you are saddled with it because of joint tax returns, you might qualify for innocent spouse treatment. This is a separate big topic, and rules are more complex than you might think. See IRS Tax Topic 205, Innocent Spouse Relief. However, it's significant that the IRS can suspend collection efforts if you request innocent spouse relief (under IRC Section 6015)
Due Process - Due process. There are many taxpayer protections when it comes to IRS collections. One set of protections is collection due process hearings. If you make a timely request for a collection due process hearing in connection with a levy to collect the debt, you may at least buy time to work out a deal with the IRS. See Taxpayer Advocate 2016 Annual Report to Congress, Appeals From Collection Due Process Hearings Under IRC §§ 6320 and 6330.

Finally
Before denying a passport, the State Department will hold your application for 90 days to allow you to:

Resolve any erroneous certification issues
Make full payment of the tax debt
Enter into a satisfactory payment alternative with the IRS

By all means, contact an attorney to help you before you find yourself stranded.

Ryan Barshop

http://bridgewayimmigration.com/blog

Friday, June 2, 2017

Pregnant Travel:What you need to know!

So you are pregnant and want to travel?

Getting travel visa if you are pregnant

While you may not plan on giving birth while traveling, you need to keep some things in mind, especially when doing your interview with the admitting U.S. Customs and Border Protection (CBP) Officer for travel to the USA.

Is this your goal?

Although there are no specific regulations prohibiting pregnant foreign nationals from entering the U.S., entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer.

If the interviewer thinks Citizenship is your only goal, expect the tourist visa to be denied. If your due date is before your planned return date, expect the tourist visa to be denied. If you say your due date is beyond your travel return, yet your baby bump looks like a watermelon in your belly, expect the Visa to be denied.

So can you tell the truth that you want to go to USA to give birth, and get that approved? Yes, you can, here are some reasons that might justify that.

You may get approved even if you are near term if:

Your spouse is a USA Citizen;
You want to use USA Doctor or Hospital for medical reasons;
You want to use USA Doctor or Hospital for personal or family reasons;
You can afford (including insurance) to get the medical procedures done in the USA;
Bottom line as long as you have a better reason that JUST USA Citizenship, you may be approved.

Also, Medical Tourism to the Philippines is common, but there is no advertised Medical Tourism to the USA so don't try to use that as a reason.

Best of luck, but to be safe consult and immigration attorney.

Ryan Barshop

http://bridgewayimmigration.com/blog