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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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ANIMAL PUZZLE - HOW WELL DO YOU KNOW YOUR DISNEY CREATURES? | |
Match the Disney character and the movie that it starred in with its country of origin. The names of the characters are in the word bank below. The movies that they star in, however, are not in the word bank. The first client to respond with all the correct answers will win $50.00 to go toward their legal fees.
- ______ (character) is from Trinidad and stars in _________ (movie).
- ______ (character) is from Madagascar and stars in ________ (movie).
- ______ (character) is from Eastern Africa and stars in ________ (movie).
- ______ (character) is from Iraq and stars in ________ (movie).
- ______ (character) is from Russia and stars in ________ (movie).
- ______ (character) is from North America and stars in _______ (movie).
- ______ (character) lives in a tower in a magical kingdom and stars in _______ (movie).
- ______ (character) is from France and stars in ________ (movie).
- ______ (character) is from Greece and stars in ________ (movie).
- ______ (character) is from England and stars in ________ (movie).
- ______ (character) is from China and stars in ________(movie).
- ______ (character) is from outer space but lives in Hawaii and stars in ________ (movie).
Word bank:
Abu, King Julian, Meeko, Mushu, Nana, Pascal, Pegasus, Philippe, Pooka, Rafiki, Sebastian, Stitch
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SUCCESSES - See if you can find YOURSELF here! | |
Ms. T, a citizen of Mali, was granted asylum by the Baltimore Immigration Court. Ms. T was a victim of past persecution in the form of female genital mutilation, forced marriage, and sexual slavery. Despite complex legal issues related to defining her particular social group and establishing the nexus of her past persecution, Ms. T can now begin her life anew in the United States.
Ms. Ts, a citizen of Cameroon, was granted asylum by the immigration judge in Baltimore. Because of the outstanding documentation of Ms. Ts's case, her hearing lasted for less than half of an hour before her case was approved.
Mr. SA was approved for naturalization after pending before the USCIS for several years and extensive briefing. In an unusual stance USCIS reversed itself and found that an OMISSION on green card resulting in getting a green card years before he should have was not a violation of good moral character making him permanently ineligible
Ms. A was granted asylum in the Asylum Office. She is a citizen of Cameroon, and was successfully able to prove that she has a legitimate fear of persecution due to her political beliefs if she was ever to return to Cameroon.
Ms. Y was approved for a U visa by USCIS. She was the victim of a crime, and was thus granted legal status in the US to maintain her safety. Her family was also approved.
Mr. G from El Salvador was approved for a green card based on approved I-140 as a skilled cook that was 245(i) eligible. His case had been pending before the Immigration Court for many years after reopening very old 1993 removal proceedings. ICE argued that I-9 statements had to be viewed for accuracy in light of the Real ID Act.
Mr. N's application for permanent residence was approved by the USCIS. Mr. N got his green card based on his asylee status.
Ms. M's petitions for her children were finally approved after numerous delays on USCIS' part. After being separated for so long, mother and children are finally reunited.
Mr. P had filed for a green card, but was issued a Notice of Intent to Deny due to confusion over his criminal record. After many long hours and a very detailed response to the NOID, Mr. P was granted permanent residence.
Dr. O was approved for a green card. He had been an asylee for many years and had a very strong case. There was a slight complication with medical records and a request for evidence, but despite this, Mr. O was approved within 3 months of filing his petition.
Mr. N's petitions for his children had been pending for several years because he was put on the terrorist list under §212(d) (3). His being on the terrorist list was a result of his membership of the Southern Cameroons National Counsel, which the Department of Homeland Security had put onto the terrorist list. Mr. N's petitions remained pending even after the terrorist bar was removed. It took a detailed analysis of the entire case by BOILA to USCIS for him to be quickly removed.
"Repapering Victory at Immigration Court"
Mrs. F, a native of Cameroon, was granted cancellation of removal as a non-LPR by the Baltimore Immigration Court in January 2011. She had 9 witnesses and although ICE had agreed to repaper, they then contested the extreme and unusual hardship not being present. After substantial evidence as to equities and country conditions including expert witness testimony, which demonstrated that her US citizen husband and three US citizen children would endure exceptional and extremely unusual hardship in the event of her removal ICE graciously conceded to the IJ grant. Accordingly, Ms. F is now a legal permanent resident in the United States.
Ms. M's derivative asylee petition for her son was finally processed and approved through BOILA's assistance. Ms. M was granted asylum in the United States in October 2006 and her I-730 petition for her son remained pending before USCIS for nearly 4 years due to the fact that USCIS incorrectly classified the petition as being barred under INA §212(a)(3)(B), generally known as the Terrorist-Related Inadmissibility Groups ("TRIG"). BOILA submitted a detailed memorandum and supporting evidence to USCIS, resulting in the approval of the petition.
Mr. T, a native of Cameroon, was granted asylum by the Arlington Immigration Court. Mr. T was targeted by the Cameroonian government due to his affiliation and activism with the Union of Democratic Forces of Cameroon (UFDC) and the Cameroonian National Association of Contract Teachers (French acronym, CONIVAC). As a result of his political opposition activities, Mr. T was arrested and detained on four separate occasions by the Cameroonian government. As a result of his grant of asylum, Mr. T is now able to continue his political opposition activities safely within the US.
Mrs. M, yet another of her children was approved as a derivative asylee. Leaving only 1 who had been ordered removed and is awaiting results on a MTR
Ms. S, was adjustment after we did her asylum in court.
Mrs. N was granted adjustment despite having no primary evidence or commingling of assets on her marriage case by use of secondary evidence that was extensive.
Ms. O, was granted asylum by the immigration Judge based on her political activities after leaving the ruling party. The case had huge conflicts from the asylum office and credibility issues. Her affidavit had to be completely redone as information had been created by her translator that was not correct. This was a heavily contested case by ICE in Arlington.
Mr. W, was granted asylum as a sympathizer to political activities. As a tailor of profession he was questioned over two different individual hearings before being granted.
Ms D, was granted asylum by the immigration judge as a political activist in various women's groups. Her testimony was solid and her documentation was excellent according to the court.
Mrs. W was charged with a fraud charge based on 204 c. This charge was litigated in Baltimore and with much evidence and ICE's assistance the charge was dismissed and proceedings terminated.
Ms. N, granted non- LPR Cancellation of removal by the IJ in Baltimore. Her extreme and unusual hardship was based on her mother whom she lived with. Since her mother was working and the other sisters also lived with the mother this was a difficult case from Zambia. ICE again contested the hardship but tremendous equities and related hardships were documented.
Ms. B, from El Salvador was released due to our efforts from jail in Texas. A 20 year old deportation order based on not appearing despite her having notice was reopened and other relief was applied for in Los Angeles. |
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POVERTY GUIDELINES FOR IMMIGRANT SPONSORS - HIGHER IN 2011 THAN 2010 | |
The poverty guidelines for the year 2011 are significantly higher than those of 2010. Poverty guidelines are established by the Department of Health and Human Services and affect those who are sponsoring an immigrant.
In most cases, when someone is applying for a green card, they will need a sponsor. This sponsor will be financially responsible for the immigrant for 10 years. The purpose of this is to prevent the immigrant from becoming a public charge. For example, if the immigrant loses their job and has no source of income, the sponsor will be obligated to financially provide for the immigrant so that the immigrant does not end up living on the streets and using the government's welfare money.
Normally, this sponsor is the person who is petitioning for the immigrant. The petitioner's annual income must meet poverty guidelines to ensure that the Petitioner will be able to provide for himself/herself, their family, and the immigrant. If the Petitioner does not meet poverty guidelines, then the immigrant will need a joint sponsor. This sponsor will have to meet the poverty guidelines.
When counting ones household size to determine whether one meets the poverty guidelines, the sponsor has to count:
- Themselves;
- Any dependants they claim on their taxes;
- The immigrant(s) they are supporting.
To see the 2011 poverty guidelines and to determine whether you meet them, please click here. |
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HELP HAITI ACT OF 2010 - IMPLEMENTED ON DECEMBER 9, 2010 | |
The United States Citizenship and Immigration Services (USCIS) has implemented the Help HAITI Act of 2010 in order to give legal permanent resident status to Haitian orphans who were paroled into the US under the Haitian Orphan Parole Program after January 12, 2010.
A special humanitarian parole policy was implemented on December 9, for Haitian orphans who were either already adopted or were in the process of being adopted by Untied States citizens. After being paroled in, these orphans are eligible to apply for permanent residence and citizenship. This program, referred to as the Haitian Orphan Parole Program (HOPP), was signed into law by President Obama on December 9, 2010. This Act gives the DHS Secretary the authority to grant permanent resident status to HOPP parolees who are physically present in the US, even though not all of them would have been eligible to adjust otherwise.
Applications for adjustment under this Act must be filed with USCIS by no later than December 9, 2013. Do not delay and file your application as soon as possible. If you need help with filing this application, the experienced lawyers at BOILA PC can assist you in this process.
To read the full article, please click here.
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MISUSE OF SOCIAL SECURITY NUMBER CONSIDERED A "CRIME INVOLVING MORAL TURPITUDE," EIGHTH CIRCUIT RULES | |
The U.S. Court of Appeals for the Eighth Circuit recently joined two other circuits in ruling that a conviction for misuse of a Social Security number is a "crime involving moral turpitude," and has the effect of precluding foreign nationals from becoming lawful permanent residents. In a unanimous decision, the Eighth Circuit (covering Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) rejected an appeal to cancel the deportation of a Salvadoran man who was found guilty of misusing a Social Security number, labeling his act a "crime involving moral turpitude" (CIMT). A CIMT, unlike most misdemeanors and some felonies, makes a foreign national inadmissible (ineligible to enter the United States) as well as deportable (removable from the United States if already here).
In categorizing the misuse of a Social Security number as a CIMT, the Eighth Circuit adopts the approach long held by the Board of Immigration Appeals (BIA), the administrative appellate court that hears appeals from decisions of the immigration courts. The Sixth and Ninth Circuits have also previously adopted this interpretation; however, not all courts of appeals have. Thus, not all foreign nationals who appeal their cases will be governed by this interpretation.
Clearly, misuse of Social Security numbers can have drastic consequences. Foreign nationals who may be subject to application of this category are encouraged to contact immigration counsel to discuss the possible ramifications on their case.
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NEW IMPROVEMENTS TO CONSULAR REPORT AT BIRTH ABROAD CERTIFICATES | |
The Department of State has redesigned the Consular Report of Birth Abroad (CRBA) to make the documents more secure and highly difficult to forge. CRBA is an official system of recording overseas births of children to a US citizen parent. These children automatically get US citizenship.
CRBAs were first introduced in 1919 and have been printed at US embassies and consulates ever since. Now, as of January 3, 2011, the production of CRBAs will become centralized - they will be printed in facilities in Portsmouth, NH and New Orleans, LA. By centralizing production of CRBAs, the Department of State hopes to significantly reduce the threat of fraudulent CRBAs and instill uniform quality.
In addition to centralizing production, changes will be made to the CRBAs themselves. Instead of using the title of "father" and "mother," as was the case prior to January 3rd, they will now use the title of "parent" in order to "provide a gender neutral description of a child's parents and in recognition of different types of families."
To read the full article, please click here. |
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ACCESS TO YOUR FILE FROM FOIA? | |
U.S. Court of Appeals for Ninth Circuit held, in Sazar Dent v. Holder, that FOIAs should now be provided for a person in removal proceedings. Prior to this case, FOIAs have sometimes been refused or submitted only partially. Also, in most cases, they have taken months to receive.
On November 10, the U.S. Court of Appeals for Ninth Circuit held, in Sazar Dent v. Holder, that a person in removal/deportation proceedings has a right to receive a copy of his administrative file. Will the government now provide each respondent in removal proceedings with a copy of his or her A-file? Will they continue to excise pages of importance and will they provide this in a timely manner? This remains to be seen.
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DOES THE REAL ID ACT CHANGE THE BURDEN OF PROOF? | |
Luis Javier Rosas-Castaneda, a citizen of Mexico, was charged in Arizona as an aggravated felon in immigration court. He was charged for trafficking marijuana and also for his conviction under the controlled substance offense. As a result, he was found not eligible for Cancellation of Removal by the Immigration Judge (IJ) and was removed from the United States.
Cancellation of removal for permanent residents requires a showing that 1) you have been a lawful permanent resident for at least 5 years; 2) resided in the U.S. continuously for seven years, regardless of immigration status; 3) have not been convicted of an aggravated felony.
The burden of proof is on the alien (respondent) to prove by a preponderance of the evidence these factors. In this 9th Circuit case (California) the immigration judge found that the statute was divisible and that the record of conviction was inconclusive, but required Mr. Rosas -Castenada to prove his record of conviction. The 9th Circuit stated that the IJ did not have the authority to require him to supplement the record of conviction as the Judge could only require corroboration of testimonial evidence not the record of conviction.
Thus Sandoval-Lua was not changed by the REAL ID Act and the court concluded the "where a record of conviction proves inconclusive, an alien has met his burden by proving by a preponderance of the evidence that he has not been convicted of an aggravated felony.
This conclusion resulted on a remand to the court for further proceedings in his cancellation of removal case.
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EFFECT OF CHILD ABUSE CHARGE EVEN IF NO PHYSICAL INJURY | |
In a recent Colorado case Dency Epen SORAM, the Board of Immigration Appeals (BIA) determined that the crime of unreasonably placing a child in a situation that poses a threat of injury to the child's life or health in violation of the statute is categorically a crime of child abuse, even though no proof of actual harm or injury to the child is required.
The 9th Circuit had previously held under Velasquez-Herrera that the child must actually be injured for the crime to constitute child abuse. The California endangerment statute was not categorically one for child abuse. About half the States currently include endangerment-type offenses in their definition of "child abuse". Other States use various terms to describe the level of threat required. Thus a State-by-State analysis is appropriate to determine if the risk of harm required by the endangerment-type language is sufficient to bring the offense within the definition of "child abuse" under the immigration Act.
Any state where an act or omission that constitutes maltreatment of a child falls will be broad enough to encompass endangerment-type crimes. This means that if you have been charged with any child abuse then it is critical to see an immigration attorney to determine whether this state-charged offense falls within the definition of child abuse under the Act.
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ICE RETURNS STOLEN DOCUMENTS TO RUSSIA | |
ICE seized stolen Russian documents and returned them to the Russian Federation last month. Of the twenty one documents presented to Ambassador Sergey Kislyak, many were signed by members of the former Russian royalty.
These documents include:
- A decree by Anna Ioannovna (1733)
- Three decrees by Elizabeth Petrovna (1737)
- A decree by Empress Catherine II (1764)
- A decree by Catherine the Great (1792)
- A decree and presentation by Alexander I (1825)
- An ordinance and two decrees by Nicholas I (1832)
- Two decrees by Alexander II ( 1867 and 1892)
- A report marked "Top Secret" discussing, in part, the reconstruction of airfields, by Vasily Blyukher (1932)
- Imperial award/order (1893) and a decree (1892) by Alexander III
- An award (1902) and a decree (1914) by Nicholas II
- An order (1940), a personnel list (1940) and an appointment (1949) by Georgi Zhukov.
These documents were stolen from Moscow and St. Petersburg in the time period ranging from 1994 to 2002. The Russian government agency that oversees cultural heritage property notified ICE that some documents that were stolen appeared on sale on several websites in the US. ICE opened four investigations on these sites, which were located in New Hampshire, Connecticut, California, and New York. After confirming that these documents were the originals that were stolen from the Russian national archives, ICE seized them and returned them to Ambassador Kislyak.
Ambassador Kislyak stated that: "I would like to express my deep and sincere gratitude to the U.S. authorities and professionals of the Department of Homeland Security and personally to Mr. John Morton, Director of Immigration Customs Enforcement who accomplished great job to return these historic treasures to the people of Russia. We value your contribution to the strengthening of cooperation between Russia and the United States."
With the returning of the Russian and French documents over the past two months, ICE has done an outstanding job of strengthening the US's relations with these two nations.
To read the full article, please click here.
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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. Copyright 2010. |
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| January/February 2011 |  | |
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| QUOTE OF THE MONTH | |
For healthy mental and emotional growth, we need a gentle, skillful, balanced approach, avoiding extremes. If we are becoming arrogant and self-important, the antidote is to think about our own problems and sufferings, to bring us down to earth. But if we are feeling overwhelmed, discouraged, helpless and depressed, it's important to reflect on our positive qualities or achievements to uplift our minds.
- Dalai Lama |
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HUMAN TRAFFICKING AWARENESS DAY - JANUARY 11, 2011 |  |
This is a day to raise awareness of the brutality and persistence of human trafficking. According the National Sexual Violence Resource Center, 30,000,000 people are sold into slavery every single year. 3,000,000 of these victims are young children. 200,000 of these young children who are sold into slavery are in the United States, making the US the world's largest host of sex slaves. In fact, the number of sex slaves in the US today is double that of the slaves that were in the US at the time of the Civil War.
Please help to raise awareness of this terrifying practice, and not just one day a year, but every day of the year. It is only with the help of the public that the world can put an end to human trafficking. If you know someone who has been a victim of human trafficking, they may be eligible for a U or T visa. Call BOILA today to find out.
For more information, please click here.
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MARTIN LUTHER KING JR. DAY - JANUARY 17, 2011 |  |
Martin Luther King Jr. Day is a celebration of Dr. King's birthday. Dr. King is remembered for advocating the civil rights movement, and doing so in a non-violent manner. Although Dr. King was assassinated, his years of hard work did not die with him. The movement which he started resulted in the creation of federal law against racial discrimination.
A memorial is currently being built in Washington DC to commemorate him so that we may never forget the man who believed in justice and equality for all.
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NATIONAL FREEDOM DAY - FEBRUARY 1 |  | |
February 1st is Freedom Day, celebrating the day in 1865 when Abraham Lincoln signed the resolution that would later become the 13th Amendment to our Constitution. This was the resolution that, when ratified, would free the slaves.
It was officially proclaimed a national holiday in 1948 by President Truman. And although it is not a federal holiday, it is still an important day to remember just how precious freedom is and how everyone is entitled to it.
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CHOCOLATE = BEST PRESENT FOR VALENTINE'S DAY |  | |
February is Chocolate Lover's Month, in addition to being the month during which we celebrate Valentine's Day. It has been a long-time tradition to present one's loved one with chocolates on Valentine's Day.
There may very well be a good reason for this practice - a study has shown that chocolate can make people experience more intense and longer lasting pleasure than kissing can. This is especially true if one allows the chocolate to melt on one's tongue.
Chocolate contains certain chemicals that produce this effect - phenylethylamine and caffeine. Phenylethylamine elevates the level of pleasure-arousing endorphins in the brain. It is also for this reason that chocolate can become addicting.
Whatever the reason may be, to make your significant other happy this Valentine's Day, be sure to get them lots and lots of chocolate.
To read more on this study, please click here. |
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PRESIDENTS' DAY - FEBRUARY 21, 2011 |  | |
Presidents' Day, initially called Washington's Birthday, became a federal holiday in 1880. It was celebrated on President Washington's birthday - February 22 - and was the first holiday dedicated to a US citizen. This holiday was signed into law in 1968.
By the mid 1980s, many state governments changed this holiday Presidents' Day so that it could be a day to celebrate the presidency, as opposed to just George Washington.
While it is still officially called Washington's Birthday, today it celebrates not only George Washington, but Abraham Lincoln and the presidency in general.
There is a parade on February 22 in Alexandria, VA to celebrate this holiday.
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ICE RETURNS A STOLEN DEGAS PAINTING BACK TO THE FRENCH GOVERNMENT | |
Blanchisseuses Souffrant Des Dents
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After it being missing for 37 years, French painter Edgar Degas' painting "Blanchisseuses Souffrant Des Dents" was finally returned to the Republic of France.
The painting was stolen in 1973 while it was on display at the Musée Malraux in Le Hevre in Normandy, France. In October of 2010, this painting appeared at an auction in Sotheby's New York catalog. Immigration and Customs Enforcement (ICE) immediately began an investigation, and it was confirmed that this was indeed the same painting stolen from France.
ICE seized the painting and presented it to French ambassador Rivasseau this month. Mr. RIvasseau was very happy and thanked the US on behalf of France: "at a time when even organized crime is becoming 'globalized,' it's essential that international cooperation between law enforcement agencies be as close as possible, and be supported by organizations such as INTERPOL. There is close cooperation between the specialist services of ICE and their counterparts from French Customs; this cooperation is based on the sharing of information and responsiveness." "What we are celebrating today is a gesture of friendship by the United States towards the French Republic. And for that, I would like to thank John Morton and all of the agents involved in this great accomplishment and of course through them, I would also like to extend my heartfelt thanks to the government of the United States."
ICE is very involved in tracking down those who illegally import and distribute cultural property. It has the authority to seize these works and return them to their rightful owners. Currently, ICE has 67 attaché office around the world in order to work with foreign governments when conducting these investigations.
To read the full article on ICE's success in locating and returning Degas' painting to France, please click here.
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ANSWERS TO THE DECEMBER 2010 CROSSWORD |  | |
We would like to congratulate Mr. Sackey-Ansah for being the first to solve our December issue's Christmas Crossword.
Answers:
- stars
- coal
- reindeer
- Santa
- children
- nice
- pole
- elves
- presents
- ornaments
- Saint Nicholas
- eve
- carols
- sleigh
- milk
- red
- fireplace
- chimney
- trees
- all
- naughty
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