Dear (Contact First Name),
Beach-Oswald Immigration Law Associates is committed to providing you with this newsletter to keep you up-to-date with information regarding immigration law and other issues that affect you. Read on for our April 6, 2011 e-newsletter edition! |
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Our Successes Last Month
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Mrs M-T - from Guinea who came to ICE attention after 8 years here in US was granted Withholding of Removal based on FGM in Baltimore Immigration Court. BOILA prevented physical custody and handled her asylum. Her husband is currently our client on Cancellation of Removal.
Mr P-L- was granted abused spouse self petitioning relief(I-360) and adjustment of status through BOILA's work on his behalf. Being a male who had been married for a few months only made this a challenging case.
Ms T- was granted asylum from the asylum office based on her women's affiliation and political groups
Mr. K-a prominent opposition leader from Cameroon was removed after seven years on the terrorist bar list resulting from his grant of asylum. BOILA handled his case recently to have him granted adjustment after so long.
Mr. S - granted remand from the BIA on a visa petition. Unfortunately, the petitioner died shortly after due to medical illness however we will continue to represent the beneficiary based on a substitution of petitioner.
Mr. N- Remand was granted. BOILA handled his appeal at the BIA and it resulted in a remand to the IJ
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| U.S. Passport Day is April 9, 2011 | |
From the U.S. State Department:
 Passport Day in the USA Offers Appointment-Free Saturday Service APRIL 9
On Saturday, April 9, the Department of State will host its third annual "Passport Day in the USA." U.S. citizens throughout the country can apply for a passport book or passport card at any one of the regional passport agencies or participating passport acceptance facilities, including post offices and clerks of court. With summer vacation approaching, this event is the perfect opportunity to apply for a passport.
The Department's newest agencies in San Diego, El Paso, Texas, and St. Albans, Vt. will be open to the public on Passport Day. Recently opened agencies along the southern and northern borders will also be open in Dallas, Detroit, Minneapolis, Buffalo, N.Y., and Tucson, Ariz. Public counters at facilities in Hot Springs, Ark. and Portsmouth, N.H. will be open as well.
Regional passport agencies will be open for extended Saturday hours. For this day only, no appointment is necessary, and U.S. citizens without travel plans in the next 14 days may apply directly at a regional passport agency. Both routine and expedited processing service may be requested. Families should be aware that passports for children under 16 expire every five years. Both parents and child need to appear or the non-appearing parent must submit a notarized "Minor Consent" form.
Many non-Department passport acceptance facilities around the country will also be hosting "Passport Day in the USA" events. U.S. citizens can visit
http://travel.state.gov/passportday
to find participating acceptance facilities in their area.
The website also contains complete information about what is needed to apply for a passport, as well as the application fees, processing times, and regional passport agency and non-Department acceptance facility locations and hours of operations. U.S. citizens may also call the National Passport Information Center toll-free at 1-877-487-2778 or TDD/TTY at 1-888-874-7793.
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H-1B Fiscal Year (FY) 2012 Cap Season
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 U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
For more information about the H-1B program, click here for H-1B Specialty Occupation Visa.
How USCIS Determines if an H-1B Petition is Subject to the FY 2012 Cap
We use the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 17 through 19) to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the "cap"). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master's degree or higher.
Cap Eligible Petitions
This is the number of petitions that USCIS has accepted for this particular type of cap. It includes cases that have been approved or are still pending. It does not include petitions that have been denied.
Cap Amounts
The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.
When to File an FY 2012 H-1B Cap-Subject Petition
We will begin accepting H-1B petitions that are subject to the FY 2012 cap on April 1, 2011. You may file an H-1B petition no more than 6-months in advance of the requested start date.
Petitions seeking an FY 2012 H-1B cap number with an Oct. 1, 2011 start date can be filed no sooner than April 1, 2011.
Note: If you request a start date for a FY 2012 cap-subject H-1B petition that is prior to Oct. 1, 2011 or submit a cap-subject petition prior to April 1, 2011, your petition will be rejected. For more information about the H-1B Fiscal Year 1012 Cap Season, click here.
For assistance with your H-1B Visa application, please consult with Beach-Oswald Immigration Attorneys located in Washington, DC.
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The Naturalization Process and Exceptions to the Residency Requirements
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 | | For assistance with obtaining United States Naturalization, consult with immigration law firm, Beach-Oswald Immigration Law Associates, PC, Washington, DC immigration attorneys. Our law firm is devoted exclusively to immigration law. |
Lawful permanent residents may apply for naturalization provided they meet certain eligibility requirements. Naturalization is the process of becoming a United States citizen. To be eligible for naturalization, the Immigration and Nationality Act provides that applicants must meet certain residency requirements. The Act requires applicants to reside in the United States continuously as lawful permanent residents for a period of five years immediately preceding their application for naturalization. 8 U.S.C.A. § 1427(a).
The residency requirement requires applicants to be physically present in the U.S. for a period totaling "at least half the time." Presence for "at least half the time" means an applicant may not be absent from the United States for more than six months but less than one year during the period for which continuous residence is required. 8 U.S.C.A. § 1427(b). An absence of more than six months breaks the requirement of continuity and creates a presumption that an applicant has abandoned their residence, which the applicant must rebut.
The Act does provide employment-based exceptions to the residency requirement for purposes of naturalization. The Act provides exceptions for individuals who have been physically present in the United States as lawful permanent residents for an uninterrupted period of at least one year who subsequently become employed by:
- The United States Government or an American Institution of research recognized by the Attorney General
- An American firm or corporation
- A public international organization of which the U.S. is a member by treaty or statute and by which the foreign national was not employed until after being admitted for permanent residence.
To be eligible for this exception, the applicant must establish that purpose of residence abroad was employment for the government or American firm. Applicants must also show that they possess good moral character during the entire residence period. There is no waiver for the good moral character requirement.
For assistance with obtaining United States Naturalization, consult with immigration law firm, Beach-Oswald Immigration Law Associates, PC, Washington, DC immigration attorneys. Our law firm is devoted exclusively to immigration law. Click here to schedule a free consultation with an immigration attorney.
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Devastation in Japan: Immigration Relief for Japanese Nationals
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By Elizabeth Veit  | WASHINGTON - In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration
benefits available upon request. |
The recent earthquake and tsunami in Japan have devastated the island. While citizens search for their loved ones they must also grapple with the threat of nuclear meltdown, loss of electricity, and shortage of food and water. These are but a few of the immediate concerns the country will struggle with in the upcoming months. Response and recovery from the devastation will take years.
While this catastrophic event seems far away, the actions of a few have a large impact on the lives of Japanese citizens. From immigration benefits to individual donations, the United States government and its citizens have the power to reach out a humanitarian hand to our ally during this time of crisis.
When countries experience disaster, the federal government frequently prolongs individual eligibility to remain in the United States for immigration purposes based on humanitarian grounds. Following the devastating earthquake in Haiti, Secretary of Homeland Security Janet Napolitano designated Haiti for Temporary Protected Status (TPS) for an 18-month period. The United States Citizenship and Immigration Services (USCIS) then extended the deadline for eligible Haitians to apply for Temporary Protected Status in the United States. In September 2010 the Department of Homeland Security announced the suspension of certain requirements for employment authorization for Haitian students residing in the United States.
On December 9, 2010 President Obama signed the Help Haiti Act of 2010 making it possible for Haitian orphans paroled in the U.S. to obtain status as lawful permanent residents and obtain a green card.
Similarly, in response to the recent devastation in Japan, USCIS posted a reminder to Japanese nationals that there are a number of options available for remaining in the United States lawfully or assisting a family member in coming to the United States. Japanese nationals in the United States on a nonimmigrant visa may be eligible to extend their nonimmigrant visa even where the application period has expired. USCIS has offered expedited adjudication and approval of requests for off-campus employment authorization for F-1 Japanese students experiencing economic hardship. The Service is also offering expedited processing of family-based petitions for immediate relatives of United States citizens and lawful permanent residents. Expedited employment authorizations may also be available to eligible applicants.
For assistance with your nonimmigrant visa, please consult with expert immigration lawyers at Beach-Oswald Immigration Attorneys at www.boilapc.com.
For more information on immigration benefits for Japanese nationals visit the USCIS website here. |
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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.
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 2011.
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April 2011
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PERMs and FEIN Numbers
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The Board of Alien Labor Certification Appeals (BALCA) held that the submission of the employer's business licenses that list its FEIN and match the number provided on the labor certification was sufficient to establish that the employer is a bona fide entity. (Matter of Michael Gorham Racing Stable, 3/9/11) AILA Doc. No. 11031025.
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Summer Internships Available
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We are looking for a college graduate or college student with excellent website and writing skills.
We welcome those from other countries that speak another language. We already have our law school summer intern.
Every year our summer intern handles a variety of interesting projects including the opportunity to attend a hearing, research for our blogs, Facebook, Twitter, sit in on interviews, do research on a variety of interesting areas including legislative issues.
This is an unpaid position but the experience is varied and is based in our nation's capital only 3 blocks away from the White House.
If you think you are interested in immigration this experience will be most informative and exciting. If you are interested, send your resumes and writing samples to aevers@beach-oswald.com
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Summary of the April 2011 Visa Bulletin - Family-Based (FB) |
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Below is a summary of the April 2011 Visa Bulletin with respect to family-based petitions:
FB1ROW, China and India move backwards by eight (8) months to May 1, 2004. FB1 Mexico moves forward by two (2) weeks to February 15, 1993. FB1 Philippines moves forward by three and a half (3.5) months to April 1, 1995.
FB2A moves forward by four (4) months to April 1, 2007 for ROW, China, India, and Philippines. FB2A Mexico moves forward by six (6) months to July 1, 2006.
FB2B ROW, China and India remain unchanged at April 15, 2003. FB2B Mexico also remains unchanged at July 15, 1992. FB2B Philippines moves forward by four (2) months to December 1, 1999.
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