By: Atty. Crispin Caday Lozano Chapter 13 Bankruptcy is a reorganization of your debt while paying back your outstanding debt to creditors.  Chapter 13 is Bankruptcy intended for an individual or family with a regular income.  The first and main requirement to file for Chapter 13 bankruptcy is that any individual who files must have a source of income to repay.  Even if you are self-employed or operate an unincorporated business you may qualify.  Chapter 13 allows you to k...

By ATTY. CRISPIN CADAY LOZANO The United States Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), has revised the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. An application for adjustment of status Form I-485 can be filed earlier, sometimes years in advance, of the actual availability of visa numbers. The USCIS provide...

By ATTY. CRISPIN CADAY LOZANO On February 18, 2017, the Washington Post obtained two leaked memos signed by Homeland Security Secretary John Kelly implementing the President’s Executive Orders on immigration enforcement. These memos direct the Department of Homeland Security (DHS) to drastically escalate harsh immigration enforcement nationwide. What is in the memos? A. The Memorandum calls for a massive expansion in detention by requiring DHS to detain nearly everyone...

WASHINGTON – U.S. Citizenship and Immigration Services today announced a final rule published in the Federal Register today adjusting the fees required for most immigration applications and petitions. The new fees will be effective Dec. 23. USCIS is almost entirely funded by the fees paid by applicants and petitioners for immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine the funding levels necessary to administer the nation’s ...

By ATTY. ROBERT L. FERRIS Some parents put their children’s names on the deed to their home so that when the parents die the property will pass to their children without probate. Here are some things to consider before adding your children to your deed: 1. When you add your child’s name to your deed the internal revenue service considers this a gift and a gift tax return should be filed; 2. If your home has appreciated in value since the time that you bought it and y...

ATTY. CRISPIN CADAY LOZANO Most people understand that a bankruptcy filing has emotional consequences for their entire family. Those with children should also understand before filing that there are financial impacts on the kids as well. Question: Is Child Support Dischargeable in Bankruptcy? Answer: No. If you or an ex-spouse files for bankruptcy, debts resulting from child support will not be discharged by bankruptcy. In a Chapter 7 bankruptcy filing, child support o...

By ATTY. CRISPIN CADAY LOZANO If you file a lawsuit about a car accident and you are claiming personal injury, it is very likely that the opposing party or the insurance company will take a deposition on you to answer questions about your claim. The following are some suggestions about how to answer and how to handle the deposition. 1. For every question you need to take time before answering it to be sure that you are not guessing or you remember the facts correctly. I...

By ATTY. CRISPIN CADAY LOZANO Did you know that almost everything you own and use for personal or investment purposes is a capital asset? Capital assets include a home, household furnishings and stocks and bonds held in a personal account. When a capital asset is sold, the difference between the amount you paid for the asset and the amount you sold it for is a capital gain or capital loss. Here are ten facts from the IRS about gains and losses and how they can affect yo...

By ATTY. CRISPIN CADAY LOZANO As discussed in my prior article about the leaked DHS memo on immigration policies, presented below is a nutshell of the significant changes in immigration policies. The memo stated that all prior memoranda and guidance on immigration enforcement are rescinded except 2012 DACA memorandum and 2014 DAPA memorandum. A. The Department’s Enforcement Priorities DHS will no longer exempt classes or categories of removable aliens from potential...

WASHINGTON — USCIS has published a final rule to modernize and improve several aspects of certain employment-based non-immigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017. Among other things, DHS is amendin...