New Logo
A-V Rated                                         Volume 6, Issue 9
29 Years of Experience                  September 21, 2011

September 11th

Greetings! 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 September 2011 e-newsletter edition!

In This Issue
1. BOILA Celebrates 5 Years of Immigration Success
2. After 9-11, What's the Future for Immigration Reform?
3. Capitol Hill Corner - Immigration Updates from the Hill
4. Obama's New Deportation Policy
5. Ivory Coast - An African Renaissance?
6. Family Preference Priority Dates
7 Employment Preference Priority Dates
8. Presidential Election 2012 - Where do GOP Candidates Stand?
9. H-1B Cap goes unfilled
10. The Father of Chinese Democracy
Beach Oswald Immigration Law Associates Celebrates 5th Anniversary

Beach-Oswald Immigration Law Associates celebrated it's 5th anniversary on Friday, September 9, 2011 with a Potomac River Cruise.  It's hard to believe all that we've accomplished in the past five years.  We look forward to continuing to work with you to help you in your effort to fulfill your hopes and dreams in this country.

 

 

 

After 9-11, What's the Future for Immigration Reform?
 
September11thAnniversary

 

 

In the last ten years, there has not been a stalemate or lack of action on immigration reform bills, but rather a focus of passing enforcement-only bills without the much-needed gentler side of legalization and visa reform. During the Clinton period, four immigration laws were passed between 1997-2000. This led to major immigration reform being the emphasis of President Bush in the months preceding 9-11. As a result, five post 9-11 sweeping anti-terrorism measures were passed and implemented in the next four years. 

 

 Perhaps most controversial of the Bush Administration's immigration measures after September 11 was the Penttbom Investigation in which Muslim immigrants living in this country were targeted and detained by the FBI. This led to NSEERS which targeted 25 countries and forced male immigrants to submit to personal interviews and biometrics with registration requirements. The Office of the Inspector General of the Department of Defense noted serious problems in housing conditions, strip searches, and other aggressive tactics such as lights being illuminated in their cells for 24 hours a day.

 

Both of our last two Presidents have stated that immigration reform was a priority and yet in the last three Congresses  no immigration reform has been forth coming.

 

For the nine months prior to 9-11-2001, President Bush met with President Vincente Fox of Mexico five times to come up with proposals for temporary workers program and other plans that would benefit the Hispanic community in the U.S. Instead, subsequently the creative proposals for immigration shifted to enforcement-only by tightening the border, data collection and sharing information and broadening the powers to detain and deport illegals present in the U.S. Congress took over comprehensive immigration reform (CIR) bills in 2006 and 2007 only to limit it to a legalization proposal for unauthorized youth ( DREAM Act) which was defeated in the Senate.

 

With pro and anti-immigration groups promoting their own agendas, immigration reform under Obama has remained at loggerheads. Yet, according to various studies it has been shown that the majority of Americans favor some form of earned legalization that would promote the opportunity for those who deserve it to obtain legal status. Nonetheless, policy makers continue to show strong bias for enforcement. Marc Rosenblum in his Migration and Immigration Policy article of August 2011 on this issue has a detailed, well-analyzed report of the history of the past ten years.

 

In response to September 11, 2001, five anti-terrorism measures were passed. These included the USA Patriot Act of 2001 that expanded enforcement powers and organizational changes that amalgamated 22 federal agencies into a single new Cabinet agency of Department of Homeland Security ( DHS). This was the largest restructuring of any executive branch since the establishment of the Department of Defense (DOD) in World War II. Closely following this law came the Homeland Security Act of 2002 and the Enhanced Border Security and Visa Entry Reform Act (EBSVERA) of 2002. Then came the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004. Lastly, in February 2005 the Real ID Act was passed by attaching the bill to an emergency war funding measure so that no separate hearings even occurred in the Senate.

 

All this has resulted in tougher rules for political asylum, denying of driver's licenses to unauthorized persons, increasing detention beds, increased surveillance and border enforcement among other things that remain with us today.

Senators Bob Menendez ( D-NY), Patrick Leahy ( D-VT) and Arlen Specter ( D-PA) offered the Comprehensive Immigration Reform Act (CIR)of 2010. The House with the aid of Representatives Luis Gutierrez (D-IL) and Solomon Ortiz (D-TX) worked with the Hispanic caucus to propose Comprehensive Immigration Reform Act for American Security and Prosperity Act (CIR-ASAP) to improve employment based visa system but only the DREAM Act for unauthorized students proceeded to pass the House only to be defeated by the Senate. Many Hispanics would have been aided by this program.

 

According to the National Institute for Latino Policy and U.S. Census Reports for 2010 this asymmetry has made the Hispanics, who only have 41% eligible to vote in 2009, the lowest rate of voters per person of any ethnic group. This stands sharply in contrast to 74% of voters for non-Latino population.

 

So what changes can be made in a bi-partisan manner that would enhance this country by promoting cost effective reform to integrate the nearly 12 million people currently in the US illegally, many of which may be deserving of earned legalization rather than punishment

Here are a few suggestions that I propose and that others have proposed in some form or another in our past and that from a practical point of view would integrate our nation and decrease costs of enforcement to promote a more balanced approach.

Approval of extension of INA 245(i) to allow unauthorized immigrants who are otherwise eligible to adjust to lawful permanent residency without leaving the country by paying a penalty fee

Development of relief for minors and others who have resided here for a certain amount of years (10) who would otherwise be eligible for permanent residency provided they paid taxes and were contributing members of society

Creation of temporary work visas for agricultural jobs

Creation of more employment based visas possibly using a point system from the family based visas

Removal of the ten year and three year bars for unlawful presence that would encourage others to return to get a visa

These measures alone would enhance immigration as not a problem to be solved but as an opportunity to build a successful society.

 Capitol Hill Corner
 
Capitol Hill

 

Given the ever changing nature of Immigration Law, we think it is important that you know of the latest laws and proposed legislation that directly impact this complex area and potentially your case.  This month's feature is on HR 713 - Keeping Families Together Act of 2011.

 

HR 713 is currently in the first step in the legislative process.  If passed, it would restore certain aspects of the Illegal Immigration Reform and Irresponsibility Act (IIRIRA) of 1996 relating to the definition of aggravated felony.  If this bill passes, it would allow any alien whose status was impacted by the change in the definition of aggravated felon following the 1996 passage IIRIRA to adjust status or seek cancellation of removal by reverting to the pre-
1996 definition of aggravated felony.  It's sponsor is Representative Bob. Filner (D-51) and is currently in the House Judiciary Committee.

 

Passport

 

The New Deportation Policy - It's Time to Consult Immigration Lawyers

We are finally getting some much needed clarity as to President Obama's August 19, 2011 announcement that the Department of Homeland Security would focus its deportation efforts on "low priority cases."

 

According to Senator Dick Durban, the Department of Justice (DOJ) and the Department of Homeland Security (DHS) will now be working together to develop which criteria most embodies low-priority deportation cases. Positive factors that DOJ and DHS are likely to pinpoint as low priority include minors, the elderly, pregnant individuals, and people that have been in the U.S. since childhood. The inclusion of the DOJ on this issue is to be commended. As the adjudicator of immigration claims, the DOJ must play an active role in defining low-priority removal cases as previous attempts from ICE and DHS to define prosecutorial discretion have failed.

 

More clarity as to President Obama's August 19th announcement is still needed. Although various groups have said that an individual should not attempt to be placed in removal proceedings in order to benefit from Obama's announcement, those that are not in removal proceedings are unsure as to how to benefit from the President's new policy. There also comes confusion as to how individuals that have been identified as low-priority will be eligible for work permits. The New York Times noted on August 22 that employment authorizations will be possible for those identified as low-priority but only after a separate process. The separate process has yet to be identified.

 

There is one group that is being ignored as the DOJ and DHS try to implement Obama's new policy - private immigration practitioners. Although the DOJ may try to provide an independent voice in this issue, those that deal with undocumented individuals should be at the round table to provide better information to government officials about the need for clarity in their policies. This isn't the first time that the government has failed to seek the opinions of immigration lawyers as they frame new immigration laws. Members of the Senate and House have repeatedly failed to consult with immigration practitioners on key issues of legislation such as the DREAM Act. It's time for the government to learn their lesson and realize that immigration lawyers should be consulted for their years of experience on such complicated issues.

Ivory Coast (Cote d'Ivoire) after 10 Years of strife heading for New Democracy?

 

 

A week ago I spent a few hours at a Fundraising Dinner Gala of Ivorians gathered to bring some respite and relaxation as well as much needed supplies to the General Hospital of Koumassi in Abidjan.This hospital as a result of civil strife was in shambles and resembles a bomb shelter rather than a restorative, clinical hospital.The event was sponsored by Union Sacree des Ivoriens et Amis de la Cote-d'Ivoire (USIACI). This country is in southern West Africa, a sub-Saharan nation abundant in natural resources such as diamonds, petroleum, natural gas, iron, cocoa and manganese among others.

 

Unrestrainedly, and with enthusiasm, the Ivory Coast or Cote d'Ivoire Ambassador Daouda Diabate, along with his entire staff, came to the event to support the Ivorian community.Ambassador Diabate is a personable leader who espoused new politics for new beginnings in his country.This is a country very rich in natural resources that can be a leader in Africa to promote democracy.In the past, since 2001 there have been coups and civil war, but the dictatorship extended even to 20 years prior to that under Houphouet-Boigny and then Laurent Gbagbo.

 

President Allassane Ouattara took power on April 11, 2011 when former president Gbagbo was captured after U.N and French attack helicopters bombed the presidential compound where he was in an underground bunker.

 

Ambassador Diabate spoke to celebrate a new peace order for Ivory Coast after civil war and strife for the past ten years between various political, religious and ethnic factions.He stated that the new President now wants to reunite a country divided by Muslims and Christians with over 30 ethnic groups by building on equality and fair treatment for all.

 

Highlighting this evening, where a Kenyan poet-singer speaking of a peaceful united Africa and another popular Ivorian singer, as well as tribally dressed dancers.Most endearing were the children of this nation aged 4-12 who delighted the audience with their spirited dances and words that were appreciated by all.It reminded me of the words of our heavenly father in Mark 10 where it is stated that that we must receive the kingdom of God as little children to inherit it.


Visit our blog

Like us on Facebook
AILA Logo
Danielle Beach Oswald has been a member of AILA for over 20 years.

Family Preference Priority Dates

For all countries but China, India, and the Philippines

  • Unmarried Sons and Daughters of US Citizens (F1): June 15, 2004
  • Spouses and Children of Permanent Residents (F2A): January 08, 2009
  • Unmarried Sons and Daughters of Permanent Residents (F2B):July 15, 2003
  • Married Sons and Daughters of U.S. Citizens (F3): September 8, 2001
  • Brothers and Sisters of Adult US Citizens (F4): May 15, 2000

Employment Preference Priority Dates

Employment
All countries but India, China, the Philippines

 

  • Priority Workers (EB-1): Current
  •  Members of Professions Holding Advanced Degrees or Equivalent (EB-2): Current
  • Skilled Workers, Professionals, and Other Workers (EB-3): December 8, 2005
  • Certain Special Immigrants (EB-4): Current
  • Investor Visas (EB-5): Current

  

Election 2012 - Where do GOP Candidates Stand? 

Although political pundits believe that this election focuses largely on the economy, the Washington Posted noted on September 1 that "immigration is an issue that voters won't let the GOP hopefuls escape."

 

At a town hall meeting in New Hampshire on August 24, Mitt Romney began the discussion with talks about jobs and the economy.The first question asked to him was about his stance on border security.  At an August 26 event in South Carolina, Michele Bachmann's biggest praise came from comments about her stance on illegal immigration rather than her views on the health care overhaul or the economy.After President Bush's 2006 bill that was criticized by many Republicans for its legalization proposal, the Republican party has moved further to the right on the issue of illegal immigration but many are asking where each of the candidates stand.

 

Current Republican front-runner Rick Perry remains a strong advocate of border security and believes that securing the border must happen before any discussion on illegal immigration.However, as Governor of Texas, Rick Perry was a staunch advocate of close business ties between Mexico and the United States and criticized the construction of a border security fence.Additionally, other Republicans have criticized Rick Perry's signing of a Texas bill that allowed all Texans who lived in the state for three years to be eligible for in-state tuition rates regardless of their legal status.Perry has also remained critical of Arizona's immigration position.

 

Mitt Romney's priority rests on cracking down on employers who hire illegal immigrants.He believes that only after employers are punished for hiring illegal immigrants should the country proceed with any form of immigration reform.Although Michelle Bachmann believes in building a border security fence on "every inch" of the US-Mexico border, she has failed to provide any real details with regards to her stance on immigration reform.Perhaps the most controversial stance on immigration comes from Ron Paul who believes in eliminating birthright citizenship which would change the 14th Amendment.He views birthright citizenship as a major encouragement of illegal immigration.

 

It's time for the GOP candidates to lay out their plans on immigration reform. There has been a lotof rhetoric, but little substance added.  Although jobs and the economy may be an important issue in this election season, the Pew Research Center noted on May 4, 2011 that 72% of all Americans support a pathway to citizenship program.It's time for the Republican candidates to keep this in mind and draft a cohesive policy towards immigration reform.

H-1B Cap Goes Unfilled

H-1B Photo 2

According to USCIS, the current number of H-1Bs filed for this fiscal year remains at 29,000. This is much lower than the cap of 65,000.  In total, less than half of the eligible H-1B visas that were allocated this year have been used.

 

With the current decrease in H-1B petitions filed, it is important to understand who is requesting these visas and what policy makers are saying about this program. The consul general in Chennai, India noted that 65% of all H1B holders in the United States are Indian nationals. Current House Committee Chairman of Government Oversight Darrell Issa, (R-CA), has called the H-1B program a "failed program" citing complaints from high tech companies in California which centered on the three-year working limit of H-1B visas and the bureaucratic red tape with filing the H-1B petition. In a Congressional hearing earlier this month, various executives noted that H-1Bs create jobs for Americans as five citizens are hired for every short-term visa holder admitted.

 

Given the recent unused numbers of H-1B visas, if you are in need of employment immigration matters, please contact the experienced attorneys at Beach-Oswald Immigration Law Associates.

 

The Father of Chinese Democracy

 

Wei Jingsheng has been compared to Nelson Mandela of China for his courage and chastisement of the Chinese government of Communist leader Deng Xiaoping.Recently, in Reston, Virginia, I was honored to attend an event at which this human rights leader was the guest speaker.

 

On December 1978, Mr. Wei posted on the Democracy Wall of Beijing the Fifth Modernization stating that "democracy" was to be added to the list of Four Modernizations, including industry, agriculture, science and technology. He then also described Deng Xiaoping as a "dictator".In many ways, this reminded me of Martin Luther and his 99 articles that he posted on the door in Germany.Although a simple man who worked as an electrician at the Beijing Zoo, he has become well known to many famous politicians around the world.He has also received many awards and was nominated in 2009 for the Nobel Peace Prize.

 

From 1979 until 1993 he stayed in prison and then was released for a short period but only to be rearrested in 1994 after he met with the United States Assistant Secretary of State for Human Rights to discuss human rights in China. He was then sentenced to another 14 years in prison for plotting against the state but due to international pressure by U.S. President Bill Clinton was released for medical reasons and deported to the US.In all, he spent over 18 years in prison.His authorship of many letters often written on toilet paper in prisonand his book the "Courage to Stand Alone" have inspired many to risk their lives to support human rights.

 

His comments at the meeting in August 2011 were controversial for businessmen or politicians. Often he was insightful and humorous as he discussed how American business has affected Chinese human rights.He criticized VP Biden and other current government officials for ceding to big business pressures which ironically has made only the big businessmen in US and the Chinese government officials rich, while impoverishing the US with debt owned by China.  People from the US and expatriates, he explained, have a duty to human rights and their country interests over that of the interests of business community and political interests in enrichment.  His humor was evident when he commented that "Obama has a good idea to print a lot of money and tells you to go spend it."

 

By encouraging Chinese business in US and US business in China, he commented on how the Chinese government makes money off the United States. His comparisonor metaphor was that of a "big pot with a big hole with water running through it."

 

Really the question, it seems to me, is whether the economic enrichment here of politicians and businessmen is the salve used to stultify and obfuscate our interests in human rights as suggested by Wei Jingsheng. In the alternative, the question is whether our economic interests in China strengthen our country both financially and politically to enable us to tangentially support and globally influence human rights.  This it seems is a question for statisticians to explore further.