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FAQ

FAQ

Answers to some frequently asked questions

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How We Work
How soon do you respond to queries?
The main complaints of clients is that their lawyers appear to be “busy all the time” and “does not return calls” and “if ever they return calls, they seem to be in a hurry all the time”. Rest assured that, barring any untoward incidents, this will never happen to you! Whether you are a client or a potential client, we have a policy to respond within 24-48 hours. For telephone calls, we usually return calls within the day or the next business day the latest. We do not like to keep our clients or potential clients clueless on their legal concerns for an indefinite period. This is one huge factor that separates us from most lawyers. You will surely hear from us!
Where are your office locations?
Our law offices are located in Menifee, CA (near Temecula), San Diego, CA (just off Exit 24 not so far from Mira Mesa Blvd) and Orange County (near the Angel Stadium and Disneyland). We proudly serve Riverside County, San Diego County, Orange County, San Bernardino County and Imperial County. Because of our reputation for honesty, professionalism and quality service, we even have clients from Los Angeles, Burbank, Lancaster, Bakersfield, Hesperia, Victorville and other far flung areas who are willing to brave the long drive and traffic just to meet us in person and engage our services. We are flattered by this gesture and is happening quite more often these days!
Do you have clients from all over the U.S. and other countries?
Yes, of course! As for our U.S. Immigration field of practice, we are authorized to handle cases from all over the 50 States. We have satisfied clients from all over the U.S. Most of these clients did not meet us personally but with the advent of modern technology, we were able to provide excellent immigration services. We also have immigration clients from other parts of the world who intend to immigrate here in the U.S. They are very happy with our service! Wherever you are, we can surely help you!
As for Personal Injury, Uncontested Divorce and Contracts, these areas of practice are State specific and we are only authorized to handle cases within the State of California
Do you have weekend or after-hour office consultation arrangements?
We are very aware that some of you are employees or business persons who are available only after-office hours and on weekends for an office consultation with our attorney. Please do not hesitate to call us and make a special arrangement with our attorney; We shall accommodate you.
How “affordable” are your legal services”?
Many potential clients are very hesitant to contact an attorney because of the perceived skyrocketing professional fees involved. We cannot speak for other lawyers, but rest assured that we will make you feel comfortable and very willing to engage our services the moment you hear our prices! We have a very flexible payment scheme suited to your affordability and paying capacity. We are willing to help regardless of your social status and financial position.
U.S. Immigration
I am engaged to be married to someone who resides abroad and I would like to Petition that person over to the U.S. What shall I do?
Only U.S. Citizens can file a K1 or Fiance Visa Petition. There are other requirements of the law that need to be discussed and we shall be happy to share them with you. You will be excited to know that you can usually bring over your fiancé(e) in less than a year from date of filing of the K1 Petition. K1 Visa is much quicker to bring your loved ones but does require that you have to marry within 90 days from date of arrival in the U.S. After which, the K1 Visa Holder must apply for Adjustment of Status here in the U.S.
I arrived as a Tourist and a few months later, I started dating and fell in love with a U.S. Citizen who wants me to marry him and stay in the U.S. for good. I did not expect this to happen at all. What shall I do?
The U.S. Citizen can initiate an Immediate Relative Immigrant Petition for you which can be concurrently filed by an Application for Adjustment of Status. This procedure seems simple but definitely not that easy. A lot of clients tried to do it themselves but ended having more complicated cases but with our hard work, we were able to untangle them from the intricacies and now they have their Green Cards and some of them are now U.S. Citizens themselves.
I am out of status as I over stayed my Tourist Visa and worked for many years. My U.S. Citizen boyfriend/girlfriend wants to marry me and I am also in love. Can I adjust my status here in the U.S.?
Under Section 245 (a) of the INA, foreign nationals who marry a U.S. Citizen can adjust their status here in the U.S.. Their unlawful presence and unauthorized work are deemed waived for all legal intents and purposes. This rule, however, does not apply to every out-of-status foreign national. Be very careful and do not listen to non-lawyers or narratives of some lucky individuals who were able to get away with the strict requirements. There are certain eligibility requirements that only an honest and experienced immigration attorney can discuss with you lengthily.
I would like to Petition a Relative or a Spouse but I do not have a job?
Do not worry. Being jobless does not mean you cannot file a Petition and execute an Affidavit of Support. The law allows you to file a Petition and execute the Affidavit of Support provided you secure another Joint Sponsor who has the required income level (In accordance with the updated Federal Poverty Guidelines) to financially support the intending immigrant so that the latter will not become a public charge.
I am married to a U.S. citizen but I have been subjected to physical abuse and extreme cruelty. What shall I do?
The Immigration and Nationality Act (INA) allows battered spouses to self-petition themselves provided certain requirements are met under the Violence Against Women Act of 1994 (VAWA). They can secure a Green Card on their own right on the basis of the abuse they suffered in the hands of their abusive U.S. Citizen husband. What USCIS considers to be battery could be, but not limited to, physical violence committed against you by your spouse. This can include punching, slapping, pushing, any other infliction of bodily injury, and forced sex. We have the experience and the compassion to help women who are in this situation and we have been very successful.
If you have a Conditional Green Card and it is about to expire, the law allows you to independently file the Petition to Remove the Condition and request for a waiver on the ground of battery and extreme cruelty. We have likewise helped a lot of women remove their conditions on this type of waiver.
I am a Green Card Holder. Can I petition my Parents under the Family-Based Immigration Visa Category?
No, only U.S. Citizens who are at least 21 years old at the time of the filing of the Petition can a file a petition for their parents.
I am already in the U.S. and arrived as a Visitor. I would like to Change my Status. What are my options?
If you come to the U.S. equipped with a Tourist Visa, the immigration authorities expect you to come to the U.S. with the intention to simply visit. There are legal requirements and limited options to those who come to the U.S. on a Tourist Visa. However, should you have the qualifications and enough funds to support your extended stay in pursuit of your desired new non-immigrant visa, the USCIS may consider the approval of your application. You need to discuss this matter with an experienced and honest immigration attorney.
What is an H1-B Visa?
It is a non-immigrant visa or temporary worker’s permit for highly skilled foreign workers who have at least a Bachelor’s Degree tasked to perform a particular job in the U.S. that requires certain set of skill set for a complex job description. In some instances, those who do not have the Bachelor’s Degree may also qualify provided they have extensive work experience related to the offered position and can show to the USCIS that their work-related experience is equivalent to a Bachelor’s Degree.
The H1-B holder can work in the U.S. for three (3) extendible for another three (3) years only. There are instances in under the American Competitiveness of the Twenty First Century Act of 2000 (AC 21) wherein the 6 year statutory limitations can be extended. Filing is accepted only starting April 1st of each year. There are limited slots for this type of visa and it is therefore imperative you get in touch with a quick, experienced and honest immigration attorney who can act on your case immediately.
What is an L-1 Visa?
The “L” visa may be granted to an applicant from any country who is transferred by a company overseas to work for a related business in the U.S. The said applicant must have worked (as an executive, manager or in a “specialized knowledge” capacity) in that company for at least one year in the last three (3) years. L1 Visa applicant may also come to the U.S. to establish a new office of the company overseas and must show after one year that the company is “doing business”.
I do not want to live permanently in the U.S. but I want to set up a business. What should I do?
The “E” visa may be granted to citizens of certain countries that have business treaties with the U.S. They can invest in the U.S by setting up a business that must owned by said citizens provided they comply with certain requirements. The Visa is good for two (2) years and is extendible indefinitely provided the business remains viable and not considered a marginal type of business. There are certain complex and difficult requirements for this type of visa and it is best to engage the services of an experienced and honest immigration attorney.
I want to study in the U.S. What shall I do?
If you are residing abroad, you need to apply at the U.S. Embassy or Consulate Office of your home country. You need to choose a SEVIS-approved school that offers your desired course in the U.S. and then comply with the school’s requirements for you to secure the I-20, “Certificate of Eligibility for Non-immigrant Student Status”. Once you have it, then you can browse through the website of your home country’s U.S. Embassy or Consulate Office which enumerates the other documentary requirements to complete your Student Visa (F-1) Applications. We shall be happy to assist you on this matter.
If you are already in the U.S., then you need to speak with an experienced and honest immigration attorney who will evaluate your case. There are important information that need to be discussed with you for this type of immigration procedure. There are issues of timing when to file it, how to file and other matters that need to be threshed out to ensure a positive result.
My U.S. Citizen Parent filed an Immigrant Petition and was approved long ago. He is already dead. I am still abroad. Can I still pursue the Petition?
Death usually automatically revokes the approved Petition. However, under 8 C.F.R. 205.1(i)(C)(2), the beneficiary can still pursue the Petition through Humanitarian Revalidation/Reinstatement provided a Substitute Sponsor who is related to the beneficiary prepares an Affidavit of Support. This immigration procedure does not entail a filing fee with the USCIS and takes a bit of time (usually within two years) to obtain a decision. This procedure also requires a lot of documentation, legal eligibility requirements and proper explanation as to why the beneficiary deserves to immigrate to the U.S. despite the death of the Petitioner.
I have been residing in the U.S. My U.S. Citizen Parent filed a Petition in my favor and while it was pending, the Petitioner died. Can I still pursue the Petition?
Section 204 (l) of the Immigration and Nationality Act (INA) allows beneficiaries to continue to be eligible for adjustment of status even when their qualifying relative has died. Under the new law, the petition does not have to be approved. It is sufficient that a petition has been filed by the petitioner or on behalf of the petitioner before his or her death. The beneficiaries must, however, meet other requirements for adjustment of status to be able to eligible under this provision.
Accidents/Personal Injury
I had an accident because somebody hit me. What shall I do?
Make sure to take pictures (with your phone or camera) all the time of the car, the damage to both your car and that of the other party’s car, the location, the plate number of the other car(s). You need to get the information of the other party who hit you by taking pictures of Driver’s License, Insurance information and Car Registration. If a Police Officer, responded, and you can still get his information, please do so As you can see, pictures are very important.
If you feel pain, you need to go soonest to the Urgent Care establishment near you to document the pain you are going through. If you cannot drive yourself, then call 911 so that you can be brought to the Emergency Room of the hospital nearest to the accident location. Call us soonest so we can guide you what do next.
What are the damages allowed to be recovered in the State of California?
There are economic and non-economic damages that the State of California allows an injured person to recover. In regard to economic damages, you may recover the following a) Hospital Expenses; b) Medical Bills; c) Lost Wages; d) Lost future earning; e) Property Damage. Thus, it is important that you keep all your receipts and income tax documents. For Non-economic damages, you may recover any or all of these: a) Pain and Sufferings; b) Loss of consortium; c) Loss of Normal activities or lifestyle; d) Disfigurement; e) Disability
I have a pre-existing condition, how will it affect my personal injury claim?
Pre-existing condition may allow the injured party to recover if mental or physical condition got worse. The negligent party must take the injured party where they find him/her–the condition at the time of the accident. Thus, it is imperative that previous injuries and related medical records on the same body part or near the area must be disclosed so that the credibility and overall value of the present claim will not be adversely affected. There will be a comparison to be made on the old injury as against the present one to verify how the accident worsened the condition of the injured party.
Is there a deadline for filing a lawsuit against the negligent party?
Yes, there is. You should file your case either with the small claims court (depending the amount of your claim) or with the Superior Court within two (2) years from the date of loss or date of accident. Otherwise, your claim will be forever barred. From day one of the accident up until the two (2) year period expires, we will vigorously and aggressively assist you in arriving at an amicable settlement with the Insurance Company of the other party.
What if I am partly at fault? Can I still recover?
When an accident occurs, the respective insurance companies of the parties involved conduct an investigation. They usually arrive at a certain investigative report and will relay to you about their findings. Should you be found to be partly responsible for the accident, there will be a corresponding reduction of the amount of compensation to be awarded to you. The State of California adheres to the so-called “Pure Comparative Fault” Rule, wherein it allows the injured party to recover even if it is 99% at fault but of course, the amount of recovery will be reduced by the degree of fault.
How much do I have to pay you? Why should we engage the services of an attorney?
Our law offices will NOT charge you a dime unless we are able to recover. “No recovery, no attorney’s fee”! We do not have upfront fees and we are willing to meet with you for free.
Engaging the services of an attorney will help you argue your case much better with the seasoned Insurance Adjusters. Your chances of securing a way better settlement offer is greater when you have a lawyer advocate your cause and argue the severity of your injury from a more technical and legal point of view. You do not stand a chance with highly experienced and well-trained Insurance Adjusters who will advance all possible techniques in the book to make a low ball offer and leave you unable to argue your case the moment they start coming up with technical terms and relatively complex arguments. You definitely need a lawyer who is tough and aggressive in advancing your cause.
Uncontested Divorce
What is the difference between contested and uncontested Divorce?
Divorces are can either contested or uncontested depending on the circumstances of the couple who intend to file the divorce. Contested divorces are those in which the respondent disputes several issues that need to be ventilated and threshed out by the Superior Court. Uncontested divorces come into categories, namely (1) Consent Divorces – the parties agree on all major issues that the parties reduce into writing through a so-called Marriage Settlement Agreement (MSA) ; and (2) Default causes – where the respondent party fails to respond within 30 days from date of receiving the Summons and other documents that come with it for reasons contemplated by the courts.
What is a Marriage Settlement Agreement (MSA)?
Marriage Settlement Agreement (MSA) is an agreement between the parties wherein they agree on certain issues on property division, alimony, child support, custody and visitation. This is intended to govern their relationship and will provide evidence to the Court of their terms of the relationship. This agreement is preferably drawn up before the filing of the divorce case and is better integrated in the Divorce Decree to be issued by the Court so that it becomes part of the Court Order and enforceable by the Court. If you do not incorporate the MSA in the Court Decree, any violation of the MSA may have to be settled or decided in a separate court action.
Do we really need an MSA?
If you do not have any property, joint debts, no spousal support issue or children, there is probably no need for your to have an MSA in order for you to secure a no-fault divorce decree in the State of California.
When will my Divorce become effective?
In the State of California, the marriage is officially terminated six (6) months after the service of the summons. Thus, even if the Court issues a Divorce Decree on the fourth month, the Divorce will become effective after two months. The parties are NOT allowed to marry within those six (6) month period.
Do I really need a lawyer for uncontested Divorce?
The Divorce is a legal matter with legal effect and it is best to engage the services of an experienced attorney who can provide you with a smoother transition. There is a lot of paperwork to be done and experience in handling it will definitely be a huge factor in securing the desired result at the earliest possible time.
As an experienced and dedicated uncontested divorce lawyer, B. Karlo Ponferrada, is always focused on your best interests. We will review your documents and notes (verbal or written) with you that you and your spouse have compiled. We will ask informative questions along the way to make sure nothing is left unturned. We understand it is an emotional time and we prioritize being compassionate listeners as we work together. Because it is a difficult time, we will do our best to make sure that no detail is overlooked due to clouded judgement.
Contracts
What services do you perform under this practice area?
We provide all contracts and documents such as business contracts, private contracts, Special Power of Attorneys, General Power of Attorneys, Affidavits, Declarations and many others.
We also do contract review of an already prepared contract that the other party wants you to sign in order to help you understand the terms and conditions of the contract you are about to sign and to advise you on their ramifications. We shall make recommendations on how to revise the contract to make it fair and reasonable to all parties concerned and of course, to protect the interest of the client.
We assist you in contract negotiation and contract drafting. Contract negotiation takes a lot of expertise and a certain mindset and attitude to arrive at your client’s best interest. The attorney must be fully aware of the governing law, what the clients wants and desires to be achieved, the legal limits of the terms and conditions of the contract and must be ready to aggressively advance the interests of the client without jeopardizing the business transaction. On the other hand, Contract Drafting is very crucial because all the things agreed during the negotiation stage must now be reduced into writing truly reflective of the terms and conditions earlier agreed upon. The words must be carefully crafted to protect the interest of the client in the even of litigation. Thus, it is best to engage the services of an attorney who has litigation background so that the client’s interests will be amply protect should litigation ensures. Our Attorney has prepared hundreds of contracts and was a former litigation lawyer. We need not say more.
How do you charge in the preparation of the Contract?
Our fees vary depending on the complexity of the contract. We mostly do fixed fee but there are instances that we do charge on a per hour basis. We shall discuss this thoroughly once we get to meet with you and thoroughly analyze and anticipate the work that needs to be done. Rest assured we shall be very flexible and reasonable with our fees. You get quality work for a very reasonable price!
How fast do you prepare the Contracts?
We are usually quick but it would depend on whether the client has provided us enough information and documents to help us complete the contract for the client’s review at the fastest possible time. We usually coordinate a lot with the client and come up with several drafts before we finalize the contract.
Why should I engage the services of the Attorney when I can simply Google or go to websites that have a prepared contract?
Engaging the services of an Attorney is far much better than just filling up the forms on line as these contracts are drawn up without regard to your personal circumstances that you are unable to discuss with the online sellers of these contracts. Also, you are not sure how these online sellers will keep your personal information. Without alluding anything, there will always be risks involved on your privacy.
For our part, we keep everything confidential as we are bound by the Rules of Professional Responsibility as a licensed attorney in the State of California. We will never share our clients’ information and documents with anyone nor other matters that have been discussed leading to the contract drafting and finalization. We appeal to our client’s personal needs and goals. We usually ask questions about the personal and/or business circumstances of our client so that we can better suit the provisions of the contracts accordingly. The contract is usually done having in mind with the personal circumstances of the client, his/her attitude, his/her mindset, his/her goals and other factors that play a huge role in the preparation of the contract. In other words, the contract is personalized as it was prepared after a thorough discussion of all these variables thereby protecting the client’s interest even more should litigation arise in the future.

Testimonials

“MY CASE & THAT OF MY DAUGHTER WERE PREVIOUSLY DENIED DUE TO THE MISHANDLING OF ANOTHER LAWYER.THANK GOD I MET ATTY. KARLO & HE IMMEDIATELY MADE THE NECESSARY CORRECTIONS & OUR CASES WERE JUST APPROVED BY USCIS AFTER INTERVIEWING US TWO WEEKS AGO...”

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SHLELA P.

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FEB 7, 2019

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Proudly Serving These Areas
We also handle immigration cases in all 50 states
Los Angeles
Menifee
Orange County
Riverside County
San Diego
Temecula
San Bernardino
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