legal Free Legal Advice

[appellant2000]

thanks for the input! should she decide on what actions to take, can she count on you guys for further advice?

sure thing

[TeeUp]

my wife went to u.s. 3 yrs ago with a valid 10 yr  multiple  tourist visa and she stayed there for 2 weeks to visit some relatives. when she came back, we tried applying for a visa thru drop box procedure which includes me and my 5 yr old son. however, we were scheduled for an interview a few months later. at the time of the interview, we only have a little over 200 thou in our bank account and i thought this was not enough. so i went to some people who are making bank accounts and sure enough, they added a few thousand pesos in our bank account.

 

during the interview, the consul only asked for the bank account. he chcked the bank  and found out that  there was misrepresentation on our part. (fraud) he cancelled(without prejudice) my wife's tourist visa and denied me and my son.

 

now this is our situation, my wife is also a nurse  and she was sponsored by a hospital for E-3 visa ( employment based immigrant visa) which includes the whole family. we have an upcoming interview next month. will our previous problem be brought up during our immigrant visa interview and will this somehow affect our application for immigrant visa eventhough our previous problem was due to our tourist visa? thanks for the advice guys!

during your interview, did you submit a fake bank certification or the consul just figured out that there is an unusual deposit of several thousands on an authentic bank certification clearly indicating that the same was made for interview purposes?

 

the rule of thumb kasi, whenever applying for a US visa, whether immigrant or not is to TELL THE TRUTH. yes, even if it means divulging a disqualification or some facts that may result in a denial of your application. this is so because that leaves you a chance to make things right for your next application.

 

making a material misrepresentation in your application constituting fraud may result in the denial of your application and even a lifetime ban from US entry. one good thing though, as your facts suggest, no such ban has been imposed on you.

 

whether or not the issue can still come up in your current application is positive. it does not matter that your application then is different from the present, to the US authorities, fraud is still fraud. the consul will definitely be able to pull out the fact from their data base during your interview.

 

as to how much effect it will have on your current EB3 application, depends largely on how picky your (interviewing vice)consul will be on the matter and how well can you explain your side. if the bank certification was authentic although showing dubious deposits, you can find a REAL good explanation. otherwise, i strongly suggest that you take this up with your US immigration attorney (preferably the one who filed the petition in behalf of your wife's employer and for your benefit) since this can be serious.

 

in all fairness though, i see some positive indications on your case. first, when the petition was filed with the USCIS (formerly INS), there was already an opportunity to deny the same by reason of your prior 'misrepresentation' but the USCIS instead approved your petition and forwarded your case to the National Visa Center for processing. second, the need for nurses here in the US is still on the rise, hence, the possibility that they may take a 'let go' stance. and finally, you still have an interview, so go ahead and prepare for it. if you have further questions please don't hesitate to ask.

Edited July 22, 2004 by TeeUp

[TeeUp]

thanks for the input! should she decide on what actions to take, can she count on you guys for further advice?

definitely, that's what we're here for. with my panyeros and panyeras permission, for as long as you don't compromise your real identity, i strongly suggest that you post your questions here so that others, lawyers and lay-persons alike, may learn from your situations. thanks.

[marc_7]

share ko lang..

 

for anti-virus needs, u may go to www.avast.com free DL nung home version, just register to get 1 year free updates. after a year, register lang uli. (registration is free)

 

na-suggest lang nung isang kakilala naming webmaster, ok naman.. aliw lang ako coz nagsasalita ung anti-virus (mangmang ako jan eh.. hehehe..)

 

 

CLICK_HERE

[Lilyblue]

thanks guyz... i think what i need is a tv tuner

[menime]

thanks guyz... i think what i need is a tv tuner

ei ms sexy, dont go out and buy a tv tuner just yet, from the looks of it and from what i've read, you want to use your pc monitor to view the feed from your hospital's closed circuit surveilance camera's (am I right or wrong) If this is the case a regular tv tuner wo't do the trick unless your feed is coming from an RF source. I dont want to bore you with more technical details as i see you are already confused, but i guess i have to ask a few more question, what type of connection does the camera's have, does it have the usual RCA-(these are the regular once that you see in your vcr's and dvd players) or does it have something that is really unfamiliar, anyway if it has rca's what you need is a video card with vivo (video in video out) the one you have only has video out from your pc... the video-in thing is where you would patch the camera so youd be able to view it in your monitor. But before you can view the feed you gotta set-up the right software to view it, anyway it is usually suppled with the card.

 

hope this helps

[Eraserheads]

share ko lang..

 

for anti-virus needs, u may go to www.avast.com free DL nung home version, just register to get 1 year free updates. after a year, register lang uli. (registration is free)

 

na-suggest lang nung isang kakilala naming webmaster, ok naman.. aliw lang ako coz nagsasalita ung anti-virus (mangmang ako jan eh.. hehehe..)

 

 

CLICK_HERE

Great job! Thanks.

[Tantantinan]

during your interview, did you submit a fake bank certification or the consul just figured out that there is an unusual deposit of several thousands on an authentic bank certification clearly indicating that the same was made for interview purposes?

 

the rule of thumb kasi, whenever applying for a US visa, whether immigrant or not is to TELL THE TRUTH. yes, even if it means divulging a disqualification or some facts that may result in a denial of your application. this is so because that leaves you a chance to make things right for your next application.

 

making a material misrepresentation in your application constituting fraud may result in the denial of your application and even a lifetime ban from US entry. one good thing though, as your facts suggest, no such ban has been imposed on you.

 

whether or not the issue can still come up in your current application is positive. it does not matter that your application then is different from the present, to the US authorities, fraud is still fraud. the consul will definitely be able to pull out the fact from their data base during your interview.

 

as to how much effect it will have on your current EB3 application, depends largely on how picky your (interviewing vice)consul will be on the matter and how well can you explain your side. if the bank certification was authentic although showing dubious deposits, you can find a REAL good explanation. otherwise, i strongly suggest that you take this up with your US immigration attorney (preferably the one who filed the petition in behalf of your wife's employer and for your benefit) since this can be serious.

 

in all fairness though, i see some positive indications on your case. first, when the petition was filed with the USCIS (formerly INS), there was already an opportunity to deny the same by reason of your prior 'misrepresentation' but the USCIS instead approved your petition and forwarded your case to the National Visa Center for processing. second, the need for nurses here in the US is still on the rise, hence, the possibility that they may take a 'let go' stance. and finally, you still have an interview, so go ahead and prepare for it. if you have further questions please don't hesitate to ask.

thanks for the advice panero! we already consulted with the lawyer of the hospital handling our immigration and he said that we need to apply and wait for the decision of the interviewing officer. my wife is not contented with the lawyers advice, do you think we should hire an independent lawyer to handle our case? i heard a certain michael gurfinkel hanndling this types of cases. what do you think?

 

do we have to wait and see or do we need to act now by hiring a lawyer? or will this be a waste of time and money?

[Undertaker]

pag di mo pa rin gets pm mo ako email ko na lang sa iyo,,,

Thanks for the crack!

[TeeUp]

thanks for the advice panero! we already consulted with the lawyer of the hospital handling our immigration and he said that we need to apply and wait for the decision of the interviewing officer. my wife is not contented with the lawyers advice, do you think we should hire an independent lawyer to handle our case? i heard a certain michael gurfinkel hanndling this types of cases. what do you think?

 

do we have to wait and see or do we need to act now by hiring a lawyer? or will this be a waste of time and money?

with all due respect dun sa lawyer for the petitioner, panero, i believe he's acting for the hospital's interest more than yours. a reactionary stance is not what you will want. preventing a denial i believe is more prudent than planning for an appeal, which in most cases will end up in a dismissal.

 

what you have is a delicate situation where your past might cause more harm that it already has. it being so, talking with a qualified immigration attorney will allow you to prepare yourselves for the interview. what to say and what not to. interviewing vice consuls are trained how to ask searching questions that we as visa applicants unfortunately cannot object to.

 

also, if fate is in your favor and you get past the vice consul, still you will need to have your attorney's number handy just in case the receiving immigration officer gives you trouble, which we all of course hope won't happen.

 

michael gurfinkel is one of the certified immigration attorneys you may consider approaching. he is rather known among filipinos here in the US having done cases for celebrities like regine velasquez, who faced a prior ban due to some of her entourage going 'TNT'. he is not known to be cheap though, but i believe he has an office in makati. don't hesistate to call, anyway, most of them offer (in fact advertise) free initial consultation.

 

i don't believe he will charge you much for the consultation for the interview. anyway, the petition having been approved, he need not intervene as counsel at this time. what you need is just his advise on how to go about the interview. finally, no matter how much reasonable sum you'll pay is certainly worth protecting the $335 fee you need to pay each for your son and yourself (your wife's will be paid for by the petitioner i suppose), as well as the $150 or so that you need for medical examination at st. louise and defintely worth the peace of mind and the confidence you'll get going into the interview.

 

hope things work out fine.... let me know if there are more questions you need to be answered, panero. btw, which state will you be headed for?

Edited July 23, 2004 by TeeUp

[joesix2nine]

Please give me some legal opinion on this. If someone is sentenced by a lower court with a 4month to max 2 years and 6monnths jail time and the accused appealed his case to the CA up to the SC but both appeals were denied, can he still go back to the lower court and apply for probation? The probation law states that the accused waives his right to appeal if he applied for probation but is silent vice versa.

 

Thanks.

[TeeUp]

Please give me some legal opinion on this. If someone is sentenced by a lower court with a 4month to max 2 years and 6monnths jail time and the accused appealed his case to the CA up to the SC but both appeals were denied, can he still go back to the lower court and apply for probation? The probation law states that the accused waives his right to appeal if he applied for probation but is silent vice versa.

 

Thanks.

this is the argument raised by some of the accused convicted in the lenny villa case.

 

i'll leave this Q for my brothers in litigation to answer for now.

[bolitski]

how do i configure/run my sendmail package in my redhat 9.0 box...

 

my web server is up and running and works quite well...

 

I just wanted to have my own email addy...

 

 

 

btw,

 

port 25 is disabled by default by my subscriber..

 

I'm planing to use port 2001 for that...

 

any of u guys can help..?

[Brennt]

tanong ko lang kung kailangan pa bang mag-reinstall ng windows kapag nagpalit ka ng motherboard?

[ladydredd]

hi techies!!!

 

eto ko ulit, may inquiry. walang display ang monitor ko, pero may power. ok naman ang CPU, bagong palit nga ng motherboard eh. hindi naman nasira or na-damage ang monitor ko eh eversince, kaya nagulat ako ng ayaw nya na gumana. btw, ngayon ko lang ulit sana gagamitin PC ko kse nga pinagawa namin sa supplier yung CPU kse nga nabasa at tinamaan ang board. ano kaya ang problema? may compatibility issues ba ang monitor ska motherboard? ang alam ko, dapat kse wala. ECS nga pala board kp, version 2.4 something ata...

 

ayoko na dalhin sana sa supplier or sa tech, kse tatagal na naman kaya nagtatanong ako sa inyo...

 

thanks!

[Tantantinan]

with all due respect dun sa lawyer for the petitioner, panero, i believe he's acting for the hospital's interest more than yours. a reactionary stance is not what you will want. preventing a denial i believe is more prudent than planning for an appeal, which in most cases will end up in a dismissal.

 

what you have is a delicate situation where your past might cause more harm that it already has. it being so, talking with a qualified immigration attorney will allow you to prepare yourselves for the interview. what to say and what not to. interviewing vice consuls are trained how to ask searching questions that we as visa applicants unfortunately cannot object to.

 

also, if fate is in your favor and you get past the vice consul, still you will need to have your attorney's number handy just in case the receiving immigration officer gives you trouble, which we all of course hope won't happen.

 

michael gurfinkel is one of the certified immigration attorneys you may consider approaching. he is rather known among filipinos here in the US having done cases for celebrities like regine velasquez, who faced a prior ban due to some of her entourage going 'TNT'. he is not known to be cheap though, but i believe he has an office in makati. don't hesistate to call, anyway, most of them offer (in fact advertise) free initial consultation.

 

i don't believe he will charge you much for the consultation for the interview. anyway, the petition having been approved, he need not intervene as counsel at this time. what you need is just his advise on how to go about the interview. finally, no matter how much reasonable sum you'll pay is certainly worth protecting the $335 fee you need to pay each for your son and yourself (your wife's will be paid for by the petitioner i suppose), as well as the $150 or so that you need for medical examination at st. louise and defintely worth the peace of mind and the confidence you'll get going into the interview.

 

hope things work out fine.... let me know if there are more questions you need to be answered, panero. btw, which state will you be headed for?

thank you very much for that very clear explanation. may your tribe increase!

the hospital who sponsored my wife is based in trenton,new jersey.

 

thanks again!

[TeeUp]

thank you very much for that very clear explanation. may your tribe increase!

the hospital who sponsored my wife is based in trenton,new jersey.

 

thanks again!

you're most welcome and salamat naman, bro... hope you'll make it here.

[coychee]

Please give me some legal opinion on this.  If someone is sentenced by a lower court  with a 4month to max 2 years and 6monnths jail time and the accused appealed his case to the CA up to the SC but both appeals were denied, can he still go back to the lower court and apply for probation?  The probation law states that the accused waives his right to appeal if he applied for probation but is silent vice versa. 

 

Thanks.

No. Presidential Decree 1990 amending Presidential Decree 968, which became effective in 1986, provides that no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

Edited July 24, 2004 by coychee

[l3v3l]

tanong ko lang kung kailangan pa bang mag-reinstall ng windows kapag nagpalit ka ng motherboard?

depende sa windows mo..

if Win9x/WinMe... ok lang..

if NT/2000/XP reinstall talaga..

 

pero sabi daw na if tatanggalin mo lahat ng mga detected devices sa Win2k/XP

in Safe Mode... as in remove talaga lahat..tapos i-transfer mo HD to another

Board.. mag-de-detect daw ito ulit..not sure lang kasi di ko na try.. Good Luck nalang sa mga mag-try.. hehehehe.. post nalang sa results...

[bokam]

joe629,

 

I agree with the opinion of Coychee. Probation is no longer available to those who opted to appeal from the order of conviction of the trial court rather than applying for it.

 

Section 4 of the Probation Law (Presidential Decree 968 as amended) provides that -

 

Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant, and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best; Provided, That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.

An order granting or denying probation shall not be appealable.

 

 

It is clear what the law requires is that the application for probation must be filed within the period for perfecting an appeal. The need to file it within such period was intended to encourage offenders, who are willing to be reformed and rehabilitated, to avail of probation at the first opportunity. (Palo vs Militante GR No. 76100. April 18, 1990)

 

In your example, the accused was sentenced to imprisonment of 4 months to 2 years and 6 months which makes him qualified to apply for probation assuming if he does not possess any other disqualifications under Sec. 9 of PD 968. However, instead of applying for probation, the accused appealed to the Court of Appeals and even to the Supreme Court. By appealing the case, the accused forfeited his chance to avail of probation. He had the opportunity to apply for probation but chose to take his chances on his appeal instead. By opting to appeal, he cannot apply for probation anymore.

[-=extreme=-]

tanong ko lang kung kailangan pa bang mag-reinstall ng windows kapag nagpalit ka ng motherboard?

Defenitely under windows XP when replace a new systemboard will not boot anymore... Win98/Win2k madedetect lang uli yung bagong chipset.

[3lb_thrill]

To avoid possible driver conflicts.. whichever os u you, clean install is a must.

[marc_7]

ladydredd

 

pwedeng di lang maayos ung pagkaka-kabit nung vid-card sa slot or madumi ung slot. common problem yan sa pc d2 b4, akala ko tipong bumigay na vidcard, un pala, maluwag lang.

[kaloy511]

to the techies out there..

 

dudes,, the pc i've been using shuts itself down when i'm connectd to the internet... im on windows 98 by the way... biglang mawawala ang display sa monitor pero naka-connect pa rin naman sa internet... (i checked the phone)

 

what could be causing the problem? hardware issue o virus/worm ba ito?

 

naka pc-cillin 2002 naman ako...

 

napipilitan tuloy ako na i-reset ang pc ko...imagine the hassle that i'd have to go through to re-conect...

 

to anybody who can tell me what's wrong...just pm me!

 

thanks

[TeeUp]

joe629,

 

I agree with the opinion of Coychee. Probation is no longer available to those who opted to appeal from the order of conviction of the trial court rather than applying for it.

 

Section 4 of the Probation Law (Presidential Decree 968 as amended) provides that -

 

Sec. 4. Grant of Probation. — Subject to the provisions of this Decree, the trial court may, after it shall have convicted and sentenced a defendant, and upon application by said defendant within the period for perfecting an appeal, suspend the execution of the sentence and place the defendant on probation for such period and upon such terms and conditions as it may deem best; Provided, That no application for probation shall be entertained or granted if the defendant has perfected the appeal from the judgment of conviction.

Probation may be granted whether the sentence imposes a term of imprisonment or a fine only. An application for probation shall be filed with the trial court. The filing of the application shall be deemed a waiver of the right to appeal.

An order granting or denying probation shall not be appealable.

 

 

It is clear what the law requires is that the application for probation must be filed within the period for perfecting an appeal. The need to file it within such period was intended to encourage offenders, who are willing to be reformed and rehabilitated, to avail of probation at the first opportunity. (Palo vs Militante GR No. 76100. April 18, 1990)

 

In your example, the accused was sentenced to imprisonment of 4 months to 2 years and 6 months which makes him qualified to apply for probation assuming if he does not possess any other disqualifications under Sec. 9 of PD 968. However, instead of applying for probation, the accused appealed to the Court of Appeals and even to the Supreme Court. By appealing the case, the accused forfeited his chance to avail of probation. He had the opportunity to apply for probation but chose to take his chances on his appeal instead. By opting to appeal, he cannot apply for probation anymore.

panyerong bokam,

 

for academic discussion lang,,,, an accused convicted for homicide by the RTC appealed to the CA and was instead found to have committed mere reckless imprudence making him qualified for probation. instead of taking his case up to the SC can he apply for probation within the prescribed period to appeal?

 

or suppose the CA affirmed a conviction for reckless imprudence? can the accused apply for probation instead of appealing his case to the SC?

 

on the first Q, it was his 'first available opportunity'.

 

on the second naman, can he not argue that the law does not specify that probation can only be had within a period to perfect an appeal from the decision of the RTC, so, he has not exhausted his right to appeal (to the SC) and therefore he still has the opportunity to apply for probation?

 

i dont know if these questions have been addressed in all fours by the SC but what are your thoughts, mga kapatid?