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In some cases, a U.S. citizen grandparent can transmit citizenship to his or her grandchild born abroad
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RESTAURANT OF THE MONTH
117 SE 2nd Ave.
Miami, FL 33131
(305) 350-7761
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Greetings!     
Welcome to our April 2012 newsletter! This month's newsletter will feature articles on a Board of Immigration Appeals decision making travel more available to many immigrants, the Senate's vote to reauthorize the Violence Against Women Act, and the increase in Visa Processing for Brazilians traveling to the United States.
You will also find our monthly H-1B update, Visa Bulletin update and Restaurant of the Month, Eternity Cafe, bringing the Miami coffee experience to new levels.
Enjoy!
The Ratzanlaw Team
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BIA Decision Opens Door for International Travel on Advance Parole Without Triggering 10 Year Bar
In a recent groundbreaking decision, the Board of Immigration Appeals (BIA) found that a departure on an advance parole is not considered a "departure" under a provision in the Immigration and Nationality Act that renders aliens inadmissible for 10 years if they depart the country after accruing at least one year of unlawful presence in the U.S.
In Matter of Manohar Rao Arrabally and Sarala Yerrabelly, the respondents, a married couple from India, entered the United States in 1999 and 2000 as nonimmigrants and they stayed in the country more than 5 years after their visas expired. In 2004, the husband became the beneficiary of an employment-based visa with a priority date of April 27, 2001 and in 2004 they both applied for adjustment of status.
While they waited for the processing of their applications, the couple obtained advance parole documents and then returned to India to take care of their aging parents. Travel on an advance parole document enables applicants for adjustment of status (i.e. green cards) to travel outside the U.S. without abandoning their pending applications.
In this case, USCIS denied the couple's I-485 applications, reasoning "they were no longer 'admissible' to the United States, as required for adjustment of status, because they had departed ...click here to read more.
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H-1B Cap Count: Total of 35,900 Petitions Filed
As of April 20, 2012, U.S. Citizenship and Immigration Services (USCIS) had received a total of 35,900 H-1B petitions for Fiscal Year 2013. This includes 25,000 cap-subject H-1B petitions toward the standard cap of 65,000, and an additional 10,900 petitions towards the advance degree exemption of 20,000 for those who have obtained a U.S master's degree or higher.
This marks an increase of 4,400 cap-subject H-1B petitions and 1,200 masters exemption petitions filed since the last update on April 13, 2012. The current numbers shown reflect petitions that have been approved or are still pending with USCIS.
The number of H-1B petitions filed this year continue to surpass last year's rate of submission. At about this time in 2011, only 12,200 petitions had been received by USCIS. These numbers confirm that this year's H-1B quota will likely be reached ... click here to read more.
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Restaurant of the Month: Eternity Coffee Roasters
West Coast Style Coffee Shop Serving Coffee Made with Care
They call him "The Roastmaster," and Christopher Johnson is definitely making his imprint on the Miami coffee scene with the opening of his coffee shop, Eternity Coffee Roasters. Located at 117 SE 2nd Ave., Eternity Coffee Roasters brings a West Coast, laid-back coffee shop feel to downtown Miami. Outside you may be consumed by the downtown hustle and bustle, but once you enter Eternity, you can't help but feel relaxed by the soothing jazz music, friendliness of the staff, and deliciousness of the
Indeed, Mr. Johnson takes great care and pride in making his coffee taste better than the rest. First, he carefully selects beans from around the world, including Colombia, Panama, Brazil, Ethiopia, and Rwanda. Once he obtains the beans, he carefully roasts them using the in-house roaster. The coffee is made using the "pour-over method," whereby the coffee grind is placed in a glass filter and hot water is slowly and methodically poured over the grind. This pour-over method prevents bitterness and sourness that can otherwise occur with large-batch brewing.
The menu is full of coffee flavors that will stimulate your taste buds. For example, the "Finca Colombiana" possesses qualities of chocolate, melon, cherry, pumpkin, and cinnamon. The "Santa Monica" contains characteristics of honey, vanilla, and tangy cranberry with a lemon finish.
Mr. Johnson speaks with excitement about his espresso machine, in which he uses strict roasting and espresso-making procedures to obtain the optimal level of sweetness and crema content in each espresso shot.
The hard work is starting to generate results, with people flocking to the shop for coffee every day. Eternity also distributes coffee to restaurants, and is proud to supply coffee to Yardbird, one of South Beach's hottest new dining establishments.
Eternity is open Monday through Friday from 8am-6pm and Saturdays from 10am-3pm. They sell coffee by the pound, and serve tea for non-coffee drinkers. Eternity also offers pastries, cakes, and bagels to accompany your beverage.
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Senate Reauthorizes Violence Against Women Act
On April 26, 2012, the U.S. Senate reauthorized the 1994 Violence Against Women Act (VAWA) and authorized additional funding. VAWA was initially passed with the intent to provide funding to states and local communities to improve the criminal justice response to domestic violence. Since its original passage, domestic violence cases have dropped over 60 percent. Nevertheless, it is estimated that one in three women in the United States will experience some sort of domestic violence in their lives.
On the immigration side, the reauthorization of VAWA means the continued ability for victims of battery or extreme cruelty to obtain a green card without depending on their abuser. Immigration laws provide substantial benefits to individuals who are victims of emotional or physical abuse. For instance, an immigrant, who is the victim of abuse by his or her U.S. citizen spouse, may file a self-petition that, if approved, provides the basis for obtaining a green card. Unlike most other immigrants, a VAWA self-petitioner is eligible for a green card even if she entered the country without inspection (EWI). Moroever, applicants for a green card based on VAWA are not required ... click here to read more.
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Visa Processing in Brazil Increases 62 Percent
The number of visa applications submitted and processed at the U.S. consulate in Brazil has increased nearly 62 percent compared to last year according to the United States Diplomatic Mission to Brazil.
The total number of applicants per day in March 2012 for Brazil was 5,489. The consulate in São Paulo issued the largest number of visas with 2,522. but the consulate in Rio de Janeiro experienced the largest change with an 84 percent increase from last year.
The total number of visas processed in March 2012 for Brazil was 115,269. During that period, Rio de Janeiro experienced an impressive 103 percent increase in ... click here to read more.
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Visa Bulletin Update: May 2012
EB-2 for China, India Retrogress 3 years; Family Categories Advance
The Department of State (DOS) has released the May 2012 Visa Bulletin, showing immigrant visa (i.e. green card) availability for May 2012. Most notably, the EB-2 visa category for India and China will retrogress nearly 3 years and some family categories will continue to stay where they have been for months.
The cut-off date for China and India in the EB-2 (Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability) will retrogress to August 15, 2007. All other countries stayed current in the EB-2 category.
For the EB-3 subcategory for unskilled workers, all countries (other than China and India) will advance 3 weeks to May 1, 2006. China's cut-off date will not move for the seventh straight month and stay at April 22, 2003. India's cut-off date will advance 1 week to September 8, 2002.
Most Family categories will advance in May.
In the F-1 category (unmarried Adult Sons and Daughters of U.S. Citizens), all countries except Mexico and the Philippines will advance 1 month to May 1, 2005. The Philippines will move 9 days at July 1, 1997. The cut-off date will advance Mexico 1 week to May 15, 1993.
Another family category with forward movement is the F-2A (Unmarried Sons and Daughters 21 years of age or older), in which all countries
Another family category with forward movement is the F-2A (Unmarried Sons and Daughters 21 years of age or older), in which all countries except Mexico will move ... 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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