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Issue 18
Washington, DC 
January 1, 2009

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
New Rule on Voluntary Departure
U.S. Chamber of Commerce Sues Over E-Verify
Permanent Residents Are Now Subject to US-VISIT Requirements
USCIS Publishes New Address for Where to Send Your Citizenship Application

 

The staff at Beach-Oswald Immigration Law Associates would like to wish you a happy and prosperous new year!
 
New Rule on Voluntary Departure
 

The Executive Office for Immigration Review (EOIR) recently published a new rule governing the effect that filing motions to reopen or reconsider and petitions for review has on a grant of voluntary departure. The American Immigration Law Foundation (AILF) has summarized the main aspects of the new rule.
The rule:
  • specifies that voluntary departure terminates upon the filing of a motion to reopen or reconsider
  • specifies that voluntary departure terminates upon the filing of a petition for review
  • requires immigration judges and the Board of Immigration Appeals (BIA) to provide notice about the obligations and conditions of voluntary departure and of filing a motions or petition for review before the alien decides to accept voluntary departure
  • requires individuals granted voluntary departure to provide proof to the BIA of payment of the voluntary departure bond if a case is appealed

The rule goes into effect on January 20, 2009. If you have been granted voluntary departure, and would like to know if this rule affects you, please contact one of our lawyers.
To find out more, click here.

U.S. Chamber of Commerce Sues Over E-Verify
 
 

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The U.S. Chamber of Commerce filed a lawsuit against the Department of Homeland Security (DHS), challenging DHS's new requirement that federal contractors be required to use the E-Verify system. E-Verify is an electronic system that allows employers to check whether a newly hired employee is eligible to work in the United States. Currently, using the E-Verify program is voluntary for all employers except federal contractors and subcontractors.  The Chamber of Commerce's lawsuit alleges that it was illegal for the federal government to use an Executive Order to make E-Verify mandatory for federal contractors. The Chamber of Commerce is also challenging the proposed requirement of reconfirming the employment authorization of existing workers. To learn more click here.

Permanent Residents Are Now Subject to US-VISIT Requirements
 
womanThe US Visitor and Immigration Status Indicator Technology Program (US-VISIT) is a program that was started in 2003 and which requires anyone entering the U.S. on a nonimmigrant visa to provide fingerscans, photographs, and other biometric information if requested. Although originally, only those entering the U.S. on a visa, as of January 18, 2009, nearly all noncitizens, including lawful permanent residents will be required to comply with the rule. Only Canadian citizens entering the U.S. on a short term basis, and those traveling on A and G visas, do not need to comply with US-VISIT requirements. To learn more about what will be required of you when you reenter the U.S., please click here.

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USCIS Publishes New Address for Where to Send Your Citizenship Application
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USCIS announced that as of January 22, 2009 all non-military citizenship applications (Form N-400) will need to be sent to the appropriate lockbox facility. The proper address for sending your citizenship application is determined by your place of residence. To find out where to send your application, please visit he USCIS website, or click here.