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September 2011 Newsletter
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H-1B Employees May "Recapture" Days Spent Outside of the United States
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RESTAURANT OF THE MONTH
7902 NW 36th St. Doral, FL 33166 (305) 514-2499 |
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Greetings!     
Welcome to our September 2011 Newsletter! This issue includes an article on the Obama administration's definition of "family" to include gays, lesbians and bisexuals, important information for immigrant children who are victims of abusive U.S. citizen stepparents and widowed immigrant spouses of U.S. citizens, and an immigration bill introduced in Congress which would make more employment-based green cards available to countries like India and China.
This issue also includes our monthly H-1B and Visa Bulletin updates, and our Restaurant of the Month, Punto Sur, a Uruguayan-Argentine delight in Doral.
Enjoy!
The Ratzanlaw Team
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Obama Administration definition of "family" to include lesbian, gay and bisexual partners, but Green Cards for Gays Still Elusive
Same-sex couples who have a partner facing deportation might be able to breathe a sigh of relief as the Obama administration has announced that when it comes to deportations it will interpret lesbian, gay and bisexual partners as a family.
When the Obama administration announced that it was using Immigration and Customs Enforcement (ICE) director John Morton's memo as a foundation for the new deportation review policy, it was not clear if same-sex couples fell under the definition of "family." The government is reviewing all 300,000 pending deportation cases to determine which cases are "low priority" or "high priority." If a case is determined to be "low priority" it might be administratively closed. Morton's memo instructs ICE employees to consider several factors when determining whether to favorably exercise discretion such as family ties.
"The new policy will end, at least for now, the deportations of gay people legally married to their same-sex American citizen partners, and it may extend to other people in same-sex partnerships," said Richard Socarides, a former adviser to President Clinton on gay issues, to the New York Times about the inclusion of same-sex couples into the definition of family.
Although this new classification helps same-sex couples facing deportation, it does not solve all the problems that gay illegal immigrants may face. The policy... click here to read more.
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Bill Would Eliminate Per Country Caps on Employment-Based Green Cards; Indians and Chinese Would Benefit
On September 22, 2011, a bill was introduced in Congress that would eliminate the country caps on employment-based visas. If passed, the number of visas available to countries like India or China will increase.
U.S. Representative Jason Chaffetz, R-Utah, introduced H.R. 3012, which would "amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants." The bill is co-sponsored by U.S. Representative Lamar Smith, R-Texas, who recently introduced the controversial mandatory E-Verify bill.
The Immigration and Nationality Act appropriates 140,000 employment-based visas made to foreign workers, but each country cannot exceed 7 percent of the total visas available.
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Restaurant of the Month: Punto Sur
A "Uruguayan-Argentine" Gem in Doral
In 1930, the country of Uruguay was host to, and played in, the first ever World Cup final. It defeated Argentina 4-2. In 1950, Uruguay again won the World Cup, this time defeating Brazil 2-1. In 2010, Uruguay advanced to the World Cup semi-finals in South Africa. For a country with a population of only 3.3 million to have such success, one might wonder, "what do they put in the food down there?"
Perhaps it should come as no surprise that Uruguayan cuisine is very similar to that of neighboring Argentina, perennial soccer powerhouse and winner of two World Cups (1978, 1986). A visit to Punto Sur, which offers "Uruguayan-Argentine" fare, is the perfect place to nourish those "fútbol" (soccer) legs.
Punto Sur, located at 7902 Northwest 36th Street in Doral, Florida is a warm, casual, and cultural dining experience where lunch ("almuerzo") is the big meal of the day. Initially contemplated as a fast food restaurant, through customer demand Punto Sur has evolved into a place where people come to sit and enjoy longer meals.
Owner Gabriela Olivera, born in Uruguay and now a U.S. citizen, immigrated to the U.S. as a multi-national manager in 1992, when she started AdvanceCargo, a logistics company that facilitates the delivery of electronic goods from the U.S. to Latin America. Punto Sur is the incarnation of her long-time dream to start a restaurant.
The menu at Punto Sur is rife with food items typical of Uruguay and Argentina. For starters, don't miss the empanada station, which offers tasty baked (not fried!) empanadas of beef, spicy beef, chicken, caprese, tuna, spinach, onion and cheese, mushrooms, Arabian, corn, and ham and cheese.
On the sandwich menu, the restaurant offers the one and only "Chivito," a typical Uruguayan sandwich containing (make sure you're seated for this one!) grilled steak, ham, cheese, fried egg, bacon, lettuce, and tomato, served with French fries to boot. How about a game of fútbol to work that off?
For entrees, steak lovers can indulge in juicy cuts of entraña (skirt steak), vacio (flank steak), and picaña (top sirloin). If that's not carnivorous enough, Punto Sur's specialty "Parillero" (Grill Chef) will prepare a "Parrilada Para Dos," which includes all of the above cuts of meat plus chicken, sausage, and blood sausage.
Punto Sur also offers a nice array of beverages to accompany the meal, including wines from Uruguay, Argentina, Spain, and Chile. For dessert, try a typical pastry, like the alfajor, which is a small cookie sandwich filled with dulce de leche.
After your meal, visit Punto Sur's "kioskito," where you can buy Uruguayan and Argentine products, like yerba mate (dried leaves used for mate), alfajores, and dulce de leche. Starting October 7, customers can order meals for delivery in Doral.
Finally, on Saturdays, Punto Sur offers free meals for kids up to 9 years old. So, bring your soccer little leaguers and give them what the Uruguayans and Argentines eat. And maybe one day they will bring a World Cup Championship to the United States!
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Children Up to 25 Can File Green Card Petition Under Violence Against Women Act Even After Parent-Child Relationship Ends
In a recent decision, the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) ruled that an immigrant child who is abused by his or her U.S. citizen stepparent may file a green card self-petition under the Violence Against Women Act (VAWA) even if the parent-child relationship does not exist at the time of filing the petition.
The AAO ruled the child can petition up until he or she turns 25 years old, as long as: (1) he or she qualified to file the petition prior to turning 21 years oldl; and (2) the abuse was at least one central reason for the delay in filing.
The AAO reviewed the case of an Indian petitioner who immigrated to the U.S. when she was 17 years old after her mother married a U.S. citizen. Under U.S. immigration laws, the petitioner qualified as the "child" of her stepfather because the marriage between her mother and her U.S. citizen stepparent occurred before she turned 18 years old.
In 2003, the petitioner's U.S. citizen stepfather sexually assaulted her and threatened her when ... click here to read more.
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Widowed Spouse Green Card Petition Filing Deadline is October 28, 2011
Many widows and widowers of U.S. citizens have one month left to file Form I-360 as a basis for obtaining a green card.
On October 28, 2009, Congress and the Obama administration ended the widow penalty , which prevented widows and widowers from applying for green cards if their qualifying marriage was less than 2 years old at the time of the U.S. citizen spouse's death. As a result, a widowed spouse can now file Form I-360 even if his or her U.S. citizen spouse died before their two year anniversary. However, current widows and widowers must file Form I-360 before October 28, 2011 or before the two year anniversary of their spouse's death, whichever is later.
The deadline applies for those individuals who were not beneficiaries of I-130 petitions filed by their U.S. citizen spouse at the time of the spouse's death. Those individuals who had I-130 petitions filed on their behalf will have their I-130 petitions automatically converted to I-360 petitions when they notify U.S. Citizenship and Immigration Services (USCIS) of the spouse's death.
Since Form I-360 must be submitted by mail, the widow or widower must make sure it arrives at the U.S. Citizenship and Immigration Services (USCIS) no later than October 28, 2011.
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H-1B Cap Count
Visas Available For Professional Positions
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Cap Type
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Cap Amount
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Petitions Filed
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Date of Last Count
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H-1B Regular Cap
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65,000
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32,200
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9/09/2011
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H-1B Master's Exemption
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20,000
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16,700
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9/09/2011
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As of September 9, 2011, U.S. Citizenship and Immigration Services (USCIS) has receipted 32,200 cap-subject H-1B petitions toward the cap of 65,000 for Fiscal Year (FY) 2012. In addition, USCIS has receipted 16,700 petitions toward the Masters exemption of 20,000.
This marks an increase by 6,900 in cap-subject H-1B petitions and 2,000 Masters exemption petitions filed since the last update on August 26, 2011. The current number shown for petitions filed reflects petitions that have been approved or are still pending.
The H-1B program allows U.S. businesses to hire foreign workers to fill "specialty occupations," such as ... click here to read more.
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Visa Bulletin Update: October 2011
EB-2 Category Advances 3 Months for China and India; F-2A Spouses and children of Lawful Permanent Residents Advances to January 8, 2009
The Department of State (DOS) has released the October 2011 Visa Bulletin, showing immigrant visa (i.e. green card) availability for October 2011. After a sluggish September, the EB-2 category (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) will pick up again in October. In addition, the Family categories will continue to advance in October.
Back in March, the DOS announced that the EB-2 will advance rapidly due to the sharp drop in demand for EB-1 visas (Priority Workers). However, after months of rapid movement the EB-2 did not move in September. But in October the EB-2 will advance three months for China and India to July 15, 2007. All other countries stayed current.
Furthermore, the EB-3 subcategory for unskilled workers has had rapid advancement over the last couple of months, but it will slow a bit in October. For all countries except China and India the cut-off date will advance a month and two weeks to September 15, 2005. China will stay the same at April 22, 2003, and India will only advance one week to June 8, 2002.
The EB-3 category for professional and skilled workers will advance three weeks to December 8, 2005, for all countries except China and India. China will also advance three weeks to August 8, 2004. India will advance one week to July 15, 2002.
In the Family categories, the biggest jump is seen in the F-1 category (Unmarried Adult Sons and Daughters of U.S. Citizens). click here to read more.
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Disclaimer: The information provided in this newsletter is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice. We intend to make every attempt to keep this information current. We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and readers should not act based upon this information without seeking professional counsel from a licensed attorney. Transmission of information from this newsletter is not intended to create, and its receipt does not constitute, an attorney-client relationship with Jacob L. Ratzan, P.A. or any of its individual attorneys or personnel.
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