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Issue 16
Washington, DC 
December 1, 2008

Beach-Oswald is a full-service law firm, concentrating on immigration law. We have special expertise in work visas, family based visas, visa waivers, green cards through family and employment and asylum. We have staff members who speak many different languages to assist you.

 
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In This Issue
Major Changes for Religious Worker Visas
Honduran TPS Beneficiaries Will Have Their EADs Renewed Automatically
Virginia Softening Its Stance of Immigration
Tips for Prospective Adoptive Parents
Immigration Reform Will Be a Top Priority for Lawmakers
Expedited Processing of Work Authorization Applications Pending at NSC
Obama Appoints New Immigration Leaders
Major Changes for Religious Worker Visas
 
ChurchThe new rule for the religious (R-1) visa program is designed to detect and deter fraud and maintain the integrity of the religious worker program.
There are two major changes to the religious visa program.
 
(1) Previously, religious workers were able to request an R-1 visa at a consular post without USCIS reviewing the job offer or the religious organization where the applicant planned to work. The new rule, however, requires USCIS to verify that the job offer and the petitioning organization are legitimate before a religious visa can be issued. Therefore, applicants will now need to provide an approved Petition for Alien Worker (Form I-129) at their consular post before a visa will be issued to them.
 
(2) The new rule also reduces the period of admission to 30 months instead of three years. The religious workers will be allowed to extend their visas one time for up to 30 additional months.

If you would like to find out more about how to obtain a religious worker visa, please schedule a consultation with one of our attorneys.
Honduran TPS Beneficiaries Will Have Their EADs Automatically Renewed
 
HondurasThe Department of Homeland Security (DHS) has come to the realization that it will not be able to process and re-issue new Employment Authorization Documents (EADs) for those Hondurans taking advantage of the extended Temporary Protected Status (TPS). Therefore, rather than have Honduran applicants follow the normal procedure of filing for an extension of their EAD, DHS announced that it will automatically extend the EAD's by their January 5, 2009 expiration date for all Honduran nationals that have been granted TPS until July 5, 2009. 
 

Virginia Softening Its Stance on Immigration
 
VirginiaA recent article in the Washington Post points out that Virginia, which has been notorious for its hostility toward illegal immigrants, may be softening its views. A statewide survey revealed that 44% of Virginians surveyed believe that illegal immigrants should be allowed to become citizens if they're employed (29% oppose citizenship for illegal immigrants). The attitude is also apparent in the outcome of the recent elections - 10 out of 13 House Republicans who lost their seats were fervently opposed to citizenship for illegal immigrants. Furthermore, the Virginia Commission on Immigration, which was tasked with studying immigration for over a year in order to make policy recommendations for the state, is going to recommend that the Virginia "offer more English classes, make it easier for immigrants to receive Medicaid benefits and offer in-state college tuition rates to qualifying immigrants." The Commission has rejected anti-immigrant proposals that have been popular in the past, such as the proposal to require immigrants to carry special identification cards.  Click here to read the full Washington Post article. 
 

Tips for Prospective Adoptive Parents
 
In honor of National Adoption Awareness Month, USCIS has published a reminder on their website, reminding prospective adoptive parents that all adoptions from foreign countries now need to comply with the rules of the Hague Convention, which went into effect on April 1, 2008. If adopting a child from a country that is a party to the Hague Convention, prospective parents will need to file Form I-800A (Application for Determination of Suitability to Adopt a Child from a Convention Country) and then Form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative). Although more than 1300 adoption applications have been received since the Hague Treaty went into effect, USCIS has noted that a majority of the applications were incomplete, requiring prospective parents to submit additional documents and thus significantly delaying the adoption process. Therefore, if you are planning to adopt a child internationally, we urge you to carefully review all of the requirements before submitting the necessary paperwork. The USCIS website has some helpful resources: click here for the Frequently Asked Questions on international adoptions.
Immigration Reform Will Be a Top Priority for Lawmakers
reformAccording to a recent report from the Immigration Policy Center, both Democrats and Republicans have signaled that they are dedicated to addressing immigration issues, and it looks like comprehensive immigration reform will be a priority for the 111th Congress. Voters have also shown their dedication to immigration reform -- in 19 out of 21 "battleground" races, the House and Senate seats were won by candidates that were pro-immigration reform as opposed to those who were pro-enforcement only.  To read the article click here.
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Expedited Processing of Work Authorization Applications Pending at NSC

The Nebraska Service Center (NSC) has recently announced that it will accept requests to expedite the processing of an Employment Authorization Application (Form I-765) if the application has been pending for 75 days or more.
If you have an I-765 application that has been pending at the NSC for 75 days or more, please call one of our experienced attorneys so that an expedite request can be made on your behalf. Click here to schedule an appointment.  
 


Obama Appoints New Immigration Leaders 
Visa Waiver
President-Elect Obama has named Arizona Governor Janet Napolitano (D) to be the Department of Homeland Security (DHS) Secretary. Immigrant advocates, including the Immigration Policy Center, are applauding the selection of Napolitano, believing that she will reverse policies that unnecessarily punish illegal immigrants. Click here to read the Washington Post article about Ms. Napolitano's nomination.
 
Barack Obama has also appointed two immigration experts to head the Immigration Policy Working Group - T. Alexander Aleinikoff, Dean of the Georgetown University Law Center and Executive Vice President of Georgetown University, and Mariano-Florentino Cuéllar, a professor at Stanford Law School. The Immigration Policy Working Group is one of seven policy working groups that will be charged with developing policy proposals and plans to fix our nation's immigration system during the Obama-Biden administration. To find out more, click here.