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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.
We succeed when others don't!
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CROSSWORD - WIN $150 TO GO TOWARDS YOUR FEES AT BOILA, OR WIN A FREE CONSULTATION IF YOU ARE NOT A CURRENT CLIENT! | |
Below are statues, monuments, and artworks from around the DC area. See how many of these you know. Each picture number corresponds with the crossword space number. Use the word bank below if you need help. The words in parenthesis are not in the crossword. The first person to complete the crossword and send us the correct answers will win.
Word Bank
Awakening, Christopher Columbus, Apotheosis of Washington, George Washington Zeus, Kryptos, Eternal Flame, Winston Churchill, Chess Players, Samuel Francis Dupont (Memorial), Michelangelo, Don Quixote, Comte Jean de Rochambeau, Torch of Freedom, World War Two (Memorial), Iwo Jima (Memorial). |
VIRGINIA GOVERNOR WANTS POLICE TO QUESTION IMMIGRATION STATUS OF DRIVERS | |
Virginia Governor Robert McDonnell wants state police to question the immigration status of drivers and to refer immigrants for deportation, according to The Washington Post.
The governor said, on August 3, 2010, that he had been seeking an agreement with the federal government to set forth the proposal 287(g), which will allow for the prosecution of drug and violent offenders, according to news channel 9 WHSV, which covers the West Virginia area.
However, CASA de Maryland, a Latino non-profit organization, and other immigration advocacy groups have opposed the proposal saying it will promote racial profiling against immigrants, according to The Frederick News Post.
Although the proposal has not yet become law, Virginia already has high rates of criminal convictions. The number of undocumented immigrants convicted has increased 50 percent up from last year's 2,414 in Virginia and the District, as reported by The Washington Post.
The greatest bulk of the surge in detainees is due to an eager emphasis in checking the immigration status of anyone committing a crime-including petty crimes. Since 2008, the Secure Communities program, which aims to deport illegal immigrants, has checked the immigration status of around 262,930 immigrants. Some of these immigrants have been involved in crimes in Virginia, ranging from mostly petty offenses to more serious crimes, as reported by The Washington Post.
This program is now being implemented statewide, and it's expected to increase even further the number of undocumented immigrants detained.
Blocking some controversial provisions of the SB 1070 Arizona Immigration bill, a U.S. district judge prohibited officers from randomly checking the immigration status of people in Arizona, according to the New York Times. Yet, Virginia has joined the almost 10 states that have followed Arizona in wanting to allow law enforcement agents to check the immigration status when anyone is stopped by the police for any cause.
However, Dana G. Schrad, executive director of the Virginia Association of Chiefs of Police, told The Washington Post that police officers have the freedom to decide whether to ask the immigration status of the people who they stop, and that McDonnell's opinion is not a mandate, but rather a suggestion.
Virginia counties have different procedures on whether to check the immigration status of people stopped by police. Eight localities in Virginia, among them Herndon, Prince William and Loudoun counties, have embraced the 287 (g) status that allows checking the immigration status of drivers, as reported by The Washington Post.
What to expect if you are in Fairfax County?
According to Mary Ann Jennings, a police spokeswoman, Fairfax County will not check the status of people during routine traffic related stops, as reported by The Washington Post.
What if you are in Arlington County?
Police in the Arlington County usually only ask the immigration status when it's relevant to solving a crime or a major offense, Detective Crystal Nosal, a police spokeswoman, told The Washington Post.
What happens in Prince William County?
Police in Prince William County often follow McDonnell's advice to stop drivers with the purpose of assuring that every driver carries a valid identification, as reported by The Washington Post. Prince William County police often checks the immigration status only of those who have been arrested, but this county has one of the highest rates in undocumented immigrants detained.
Sources:
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/28/AR2010072806132.html
http://www.fredericknewspost.com/sections
/search/results.htm?query=287%20g%20casa%20de%20marylalnd
http://www.cis.org/287greport
http://www.whsv.com/news/headlines/100589599.html
http://www.washingtonpost.com/wp-dyn/content/article/2010/08/02/AR2010080205229_
2.html?sid=ST2010080301886
http://www.washingtonpost.com/wp-dyn/content/article/2010/08/03/AR2010080306726_
2.html?sid=ST2010080302563
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/17/AR2010071701416.html
http://www.oag.state.va.us/OPINIONS/2010opns/
10-047-Marshall.pdf
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NEW FEE FOR TRAVELERS FROM VISA WAIVER PROGRAM COUNTRIES GOES INTO EFFECT SEPTEMBER 8, 2010
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 In an effort to attract tourism into the United States, President Obama signed on March 4, 2010, the Travel Promotion Act of 2009 (TPA), which aims to establish partnerships with the private sector to promote the United States as a foreign traveling destination. The TPA will be funded in part by additional fees to be paid when applying for an Electronic System for Travel Authorization (ESTA), which is required for visitors entering the United States from countries that are part of the Visa Waiver Program (VWP), according to the U.S. Department of State.
How much will the fee be when applying for ESTA?
Visitors traveling from the selected group of VWP countries will have to pay a total of $14 when applying for an ESTA. During the past years, the Department of Homeland Security determined that applicants should pay $4 per registration, but now the TPA fee adds an additional $10.
When will the new fee go into effect?
On or after, September 8, 2010, ESTA applicants will have to pay the new fee. Applicants can pay the fee online with a Master Card, Visa, American Express or Discover card. The fee can also be paid with a debit card that holds the Visa or Master Card symbol on it.
Will I have to re-register if I already applied for an ESTA?
No. If you registered before September 8, 2010, you will not have to register again. The ESTA registration will remain valid for the duration previously granted.
For how long is the ESTA approval granted?
ESTA approval will be granted for two (2) years, unless the applicants' passport expires sooner. With an ESTA approval, visitors can enter the United States multiple times during the time period granted in the ESTA authorization.
Is having an ESTA approval like having a visa?
No. Under U.S. law, ESTA approval is not a visa, nor does it have the same benefits of a visa.
What countries are included in the Visa Waiver Program?
Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, and the United Kingdom.
http://travel.state.gov/pdf/Introduction%20of%20the%20ESTA%20fee%20for%20Visa%20Waiver%20Travelers%20-%20August2010.pdf
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The Immigration and Customs Enforcement (ICE) outlined, on August 20, 2010, its plans to enable the request for expedited adjudications on pending petitions for those in removal proceedings, according to an ICE memo.
ICE's new guidelines on those in removal proceedings will especially benefit those who have a pending Petition for Adjustment of Status through an Alien Relative (Form I-130).
ICE Assistant Secretary John Morton requested in the memo that the U.S. Citizenship and Immigration Services (USCIS) complete the adjudication of all applications in 30 days for detained aliens, and 45 days for non-detained aliens.
Under the new proceeding framework, the ICE Offices of Chief Counsel (OCC) should work closely with other agents to verify, in a timely manner, whether an applicant has a criminal record that could affect them being eligible for the expedite adjudication.
If the applicant has no criminal convictions, then the OCC should work diligently to provide a dismissal of the removal proceedings without prejudice, as reported in the ICE memo.
What are the requirements that the ICE will consider to grant a withholding of removal?
- The applicant needs to have filed a petition for adjustment of status or an application to Register Permanent Residence (Form I-485) with the USCIS to have a priority date;
- The alien needs to be eligible for relief, as determined on the basis of having no criminal record or misconduct charges;
- The applicant must be eligible for adjustment of status.
The ICE also requested each OCC to develop a standard procedure to be used when identifying what removal proceedings have a pending petition. Such standard procedure should address the cases that are eligible for expedited adjudication and the cases that are eligible for termination of removal proceeding.
We, at Beach-Oswald Immigration Law Associates, can help you determine whether you are eligible for an expedited adjudication of your removal proceedings. Contact us!
http://www.ice.gov/doclib/dro/pdf/aliens-pending-applications.pdf |
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Amongst the heated debate on immigration, the population of undocumented immigrants in the United States decreased significantly in 2009, in part due to a deep recession and tougher immigration enforcement, according to the Pew Hispanic Center.
Up until 2005, 850,000 people on average entered the United States without a legal authorization. As the economy sunk in the past years, that number plunged to 300,000 in 2009, according to the report.
In 2007, 12 million undocumented immigrants resided in the United States, but in 2009 that amount decreased to 11 million.
Many of these illegal immigrants have been deported:
From what countries do undocumented immigrants in the United States come from?
- From the 11 million, 60 percent came from Mexico,
- 20 percent came from other parts of Latin America,
- 11 percent from Asia, and
- 9 percent from Africa, Europe, Canada and other countries.
Virginia, Florida and Nevada experienced the most significant declines in the illegal immigrant population. In Florida and Nevada, the decrease is, for the most part, due to a housing crisis, and the loss of thousands of construction jobs, which are usually taken by immigrants, as reported by The Washington Post. In Virginia, the decline on undocumented immigrants is greatly caused by its tough immigration policies, including the checking of the immigration status of drivers, and people involved in any crime offense, according to The Washington Post.
What are some of the factors that diminished the population of illegal immigrants?
- A deep economic recession, along with a harmed housing market, significantly decreased the job offers that immigrants had to support their families.
- A rise in the guest-worker visas allowed more immigrants to enter the country legally. In 2000, around 104,000 guest-worker visas were granted, while in 2009 the number increased to 302,000, as reported by The Washington Post.
- Tougher immigration policies-including an all-time high hike in deportations and stricter legislation against immigrants.
- A growing number of undocumented immigrants returning to their home countries, and travel less often, as back-and-forth travel became more dangerous and expensive for immigrants.
http://www.washingtonpost.com/wp-dyn/content/story/2010/09/02/ST2010090200966.html http://pewresearch.org/pubs/1714/annual-inflow-unauthorized-immigrants-united-states-decline
http://americasvoiceonline.org/research/entry/charts_
enforcement_spending_and_deportation_levels_continue
_to_skyrock |
domestic abuse case sets new standard on asylum requirements | |
The Department of Homeland Security granted asylum to a Mexican woman, whose partner repeatedly abused her sexually and psychologically, as reported by the Associated Press.
Previously, in order to qualify for asylum, applicants needed to show that they fear persecution due to their race, religion, nationality, "membership in a particular social group," or political opinion, according to the U.S. Immigration Citizenship and Immigration Services (USCIS).
This case expanded the scope of what applies under the "particular social group" classification. Women who have suffered domestic abuse or genital mutilation are now treated as part of a social group, and could be granted asylum, as reported by the Associated Press.
For many years, the woman, who is only known by L.R., was beaten, sexually abused, and threatened with weapons by her husband. Her husband only allowed her to leave her house to work, and when her husband learned that she was pregnant, he tried to burn her alive by setting her bed on fire, according to the Associated Press.
The woman now lives in California, and her case clarified the requirements needed to apply for asylum on the basis of domestic abuse, according to The Washington Post. L.R.'s lawyers showed that Mexican authorities could not protect her from such abuses, and that she could not relocate to any other place in Mexico.
The woman unsuccessfully sought legal protection from Mexican authorities multiple times. A Mexican judge offered to help her in exchange of sex-an offer she strongly denied, as reported by The Washington Post.
L.R.'s two sons, who are 22 and 20 years old, were also granted asylum, according to the Associated Press. The U.S. has now joined Canada, the United Kingdom and New Zealand, which grant asylum based on domestic violence abuse.
The largest groups of asylum seekers come from the following countries, so they will be most affected by this new change: 
http://www.uscis.gov/portal/site/uscis/menuitem.
b1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f39d3e4d77d73210VgnVCM100000082ca60
aRCRD&vgnextchannel=f39d3e4d77d73210VgnVCM100
000082ca60aRCRD
http://www.msnbc.msn.com/id/38701748/ns/us_news
http://www.nytimes.com/2010/08/13/us/politics/
13asylum.html?_r=2
http://www.amren.com/mtnews/archives/2010/
08/asylum_granted.php
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COURT DETERMINES THAT RECRUITMENT INTO A GANG DOES NOT QUALIFY AS A SOCIAL GROUP FOR AN ASYLUM CLAIM | |
Fourteen year old Maynor Larios was denied asylum in the United States by an Immigration Judge and the Judge's decision was upheld by the Board of Immigration Appeals. Larios claimed asylum based on fear of persecution for membership in two social group, but the Court denied his claim because it did not find that the groups he claimed to belong to qualified as established social groups.
The two groups that Larios claimed to be a member of are:
1) male Guatemalan youths who resist recruitment into gangs, and
2) Guatemalan homeless street children.
The Immigration Judge (IJ) found Larios's fear of persecution for refusing to join gangs to be credible. However, the IJ decided that young boys who are recruited into gangs do not qualify as a social group. Instead, the IJ concluded that if Larios would indeed be targeted to be recruited into a gang, it would be because the gang would want to increase its membership, and not because Larios belongs to a specific social group.
The IJ also found that Larios did not belong to the group of homeless street children. In his testimony, Larios did not once claim that he would end up living on the streets if he were to go back to Guatemala. In fact, when the IJ asked Larios if he would end up as a street child, Larios said no. As a result, this claim was deemed waived on appeal.
The Board of Immigration Appeals (BIA) upheld the IJ's decision because it too established that recruitment into a gang did not qualify as an established social group.
If you are in the U.S. and wish to seek asylum based on membership in a particular social group, but are not sure if that social group qualifies as an established social group, schedule a consultation to meet with a lawyer at BOILA PC to receive legal advice. Our lawyers are experts in asylum law and have been winning asylum cases for twenty eight years. You can always rely on us for accurate legal advice.
To read the full case, please visit: http://www.ca1.uscourts.gov/pdf.opinions/09-1869E-01A.pdf |
images taken from:
http://www.tapeka.com/ images/Telephone.gif,
http://www.cse.dmu.ac.uk/~svickers/images/eye.jpg
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The information contained on this email is for informational purposes only and does not constitute legal advice. The transmission of information to or from this email does not create an attorney-client relationship between the sender and receiver. We take our privacy policy seriously and will never sell, rent or share our email list. View our Privacy Policy here. To schedule a consultation with one of our immigration lawyers, please click here. |
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| September 2010 |  | |
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Quote of the Month | |
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"The brave die never, though they sleep in dust:
Their courage nerves a thousand living men."
~Minot J. Savage
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Upon being signed into law on December 18, 2001, Patriot Day is observed every year on September 11 to remember the men and women that lost their lives during the terrorist attack in 2001. On that day, two airplanes were crashed into the World Trade Center in New York, one into the Pentagon, and one in Pennsylvania. Thousands lost their lives and their loved ones on September 11, 2001.
In addition, this year there is currently an ongoing debate about building a mosque at Ground Zero. As a result, instead of being united in remembrance of this terrible day, America is torn and divided on this issue. We at Beach-Oswald believe that there are two solutions to this tension. One solution is to honor Ground Zero as a war memorial and not build a mosque, or any other building, there. The second solution is to build a memorial that includes all religions, in order to honor all the people of all different religions that lost their lives on September 11, 2001. The memorial to be built at Ground Zero must be all-inclusive, or it must just not be built at all.
As citizens and residents of the United States, it is our duty to observe this day every year. We do so by flying our flags at half mast and observing a moment of silence to remember the victims of the brutal terrorist attack. Our president and first lady also ask us to volunteer in our communities as a way of honoring the heroes of September 11, 2001 and the brave men and women in uniform who risk their lives every day to ensure our freedom. So do your part. Be a patriot and volunteer in your community. |
INTERNATIONAL DAY OF PEACE | |
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September 21 is the International Day of Peace. Originally established by the United Nations in 1981, the International Day of Peace is a day for worldwide ceasefire and non-violence. As of recent, the UN has been using this day to promote disarmament and non-proliferation of nuclear weapons.
Get involved and help make a difference on this year's International Day of Peace. To learn ways in which you can participate, please visit: http://www.international
dayofpeace.org/. And remember, with your help, we can make every day a day of peace. |
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CONSTITUTION DAY
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On September 17, 1787, the founding fathers of our nation signed the Constitution, which has been the pillar of our nationa for 223 years. Over the years, our Constitution has been so successful that many countries have used it as an example for their constitutions. The reason for its success is because it can, and has been, amended. Thus, it's a live document that will keep growing as our nation progresses. We have our founding fathers to thank for this wonderful document that has kept our country functioning successfully for so long and which will continue to do so. Take the time to celebrate the anniversary of the day of the signing of our Constitution. To see a list of Constitution Day events taking place, please visit: http://www.constitution
day.com/. |
NEW PHONE LINE FACILITATES INQUIRY OF IMMIGRATION STATUS | |
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In an effort to provide more specific information through a reliable and secured phone line system, the Executive Office for Immigration Review (EOIR) launched on August 23, 2010, a new automated telephone line, which callers can use to learn the latest status of their immigration proceedings, according to an EOIR press release.
The toll-free number to call is 1-800-898-7180, or locally you can call 240-314-1500. In order to inquire the latest status of a case, callers need to enter their alien registration number, and the date of the alien's charging document, according to the EOIR press release. |
RELIGIOUS WORKERS NOT ALLOWED TO CONCURRENTLY FILE FORM I-360 WITH I-485 AFTER OCTOBER 11, 2010 | |
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A Ninth Circuit court ruled, on August 20, 2010, that religious workers will not be allowed to apply at the same time for an I-360 permission to stay as a religious worker and an I-485 permission to adjust their status, as reported by the American Immigration Lawyers Association.
It is expected that after October 11, 2010, the Ninth Circuit decision will officially overturn the Ruiz-Diaz v. USA case. Ruiz-Diaz v. USA, No. 09-35734 (9th Cir. Aug. 20, 2010). Those who desire to submit both applications at the same time should do so before October 11, 2010, before the court's decision goes into effect.
Call Beach-Oswald if you are interested in filing these forms, and we will work with you to submit them as quickly as possible. Contact us at (877) 526-8540. |
IRIS IMAGING TO IMPROVE IDENTIFICATION OF ILLEGAL IMMIGRANTS | |
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The Department of Homeland Security (DHS) is working on incorporating iris recognition technology to improve the biometrics system. This will help to identify illegal immigrants more easily and more accurately.
The iris is the part of the eye that is colored, and much like a fingerprint, it is different in every person. Thus, in addition to fingerprints and photographs, iris images will improve the accuracy of identifying illegal immigrants. Digital cameras will be used to gather the iris images, which will then be stored in a protected stand alone database. Once the images are put into the stand alone database, neither the DHS nor Border Patrol agents will be able to access it.
USCIS has been testing iris imaging for safety, and have found that it does not damage the eye or cause any discomfort. However, it should be noted that this was only tested in laboratory settings and has yet to be tested in different conditions, such as areas with high humidity, etc.
To read the full DHS report on iris imaging, please visit: http://www.dhs.gov/xlibrary
/assets/privacy/
privacy_pia_st_iftde.pdf |
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ICE CANCELS DEPORTATION OF UMD STUDENT
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At a time when deportations hit an all-time high, an undocumented student from the University of Maryland, College Park, was granted a rare deportation pardon, as reported by The Washington Post.
Yves Gomes, 17, a native of Kolkata, West Bengal, India, was set to be deported on August 13, 2010, until the U.S. Immigration Custom and Enforcement (ICE) gave him a "deferred action" on his case, according to The Washington Post.
The ICE has deported 25 percent more immigrants than in 2007, as reported by the National Public Radio. Gillian Brigham, a public affairs officer, told the Washington Post that from the 387,790 deportations in 2009, the ICE has only deferred action on 408 deportations.
Gomes' family entered the United States with a visitor visa that eventually expired. While his father was applying for asylum, his appeal was denied and, in 2006, his family was ordered to be deported.
Gomes' father was detained and deported in 2008, after being stopped for a faulty taillight. His mother was deported in 2009, leaving behind Yves and his brother alone in the United States, according to a video Gomes made for We Are America, a D.C.-based non-profit.
Gomes is far away from being a criminal offender. He wants to be a doctor, and took five Advancement Placement classes at Paint Branch High School, from where he graduated with a 3.8 grade point average, according to The Washington Post.
Yet, he was ordered to leave the country because of his overstay status and obvious direct association with his parents.
In the hopes of halting his deportation order, Gomes wrote a letter to President Obama explaining how he so dearly desires to stay in the United States, the place he calls his home, according to a copy of his letter.
If you have a deportation order, we at Beach-Oswald will determine if we can request a cancellation of your deportation. Contact us!
http://www.washington
post.com/wp-dyn/
content/article
/2010/08/11/AR20
10081106293.html?hpid=artslot&sid=ST
2010081106387
www.citizenorange.
com/.../dream-now
-letters-to-bar
ack-ob-1.html
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HOW DO I KNOW THE DATE OF MY CHARGING DOCUMENT?
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On a Notice to Appear (NTA), which is form I-862 used in removal proceedings, find the charging date in the bottom left corner (circled in red) of the first page.
Look for the charging date in Form I-221, which is an Order to Show Cause (OSC) and a Notice of Hearing, at the upper right corner of the first page.
Form I-863 is a Notice of Referral to Immigration Judge, which is used in cases related to claimed status review, credible fear, reasonable fear, asylum-only and withholding only proceedings. The charging documented date will be in the upper right corner of the first page.
Form I-122, which is a Notice to Applicant for Admission Detained for Hearing before an Immigration Judge, is used in exclusion proceedings. In order to find the charging document date, look it up in the upper right corner of the first page.
If you have any questions about the charging date of any other document, we, at Beach-Oswald Immigration Law Associates can help you. Contact us!
Sources:
http://www.justice.gov
/eoir/HowToFindCharging
DocumentDates.htm
http://www.justice.gov
/eoir/press/2010/800
NumberReplacement.pdf
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IMMIGRATION COURT BACKLOG STILL GROWING RAPIDLY
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Instead of decreasing, the number of cases pending before Immigration Courts across the US continues to grow. A new all-time high was reached in June, with a record-breaking 247,922 cases waiting to be heard and decided upon. To make matters worse, the backlog is currently increasing by a rate of 2.1%.
The people most affected by this backlog are Armenians, who currently have the longest wait times of any other country. The Armenians wait, on average, 958 days, which is more than double the national average of a 459 day wait time. The other nations with incredibly long wait times are Indonesia (averaging a 774 day wait time), Lebanon (averaging a 709 day wait time, Albania (averaging a 674 day wait time), and Iran (averaging a 603 day wait time).
There are several reasons for this extremely long waiting time, the major one being that there is a disproportionate ration of immigrants to judges. Often, there are clusters of immigrants in specific cities or states, and there are just not enough immigration judges in that area to hear all the cases in a timely manner. This is especially true in areas where there are judge vacancies that have not been filled since 2006. In addition, there are constantly new requirements that are being imposed by the Court of Appeals and the Supreme Court, resulting in longer processing times because additional review is required.
Regardless of the reasons for these delays, the current backlog is simply unacceptable. The immigration court system clearly still has a very long way to go and improvements to the system need to be implemented immediately.
For more information and to read the full article, please visit: http://trac.syr.edu/
immigration/reports/235/. |
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