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 2012 e-newsletter edition!
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Mr. A-Z., a native of Syria, was granted asylum by the Arlington Asylum Office because of his human rights Activities in the United States and the conditions in his home country. The Asylum Office found he had a well-founded fear of future persecution because of these activities.
Ms. T, a native of Peru, was granted a U visa. With BOILA's help, she established that she is a victim of years of domestic violence. Through this grant, her two children have also gained legal status in the United States.
BOILA is pleased to announce that Ms. K, a native of Cameroon, was granted political asylum by the Baltimore Immigration Court, nearly ten years after she first came to the US. Ms. K provided credible testimony and substantial evidence to demonstrate she is a victim of three arrests and detentions, during which time she suffered severe physical and psychological abuse.
Mrs. A, a citizen of Nigeria, has achieved numerous successes within the last month through BOILA's assistance. Mrs. A came to BOILA after having been deported and ICE sought to immediately remove her from the United States. BOILA assisted her US citizen husband in re-filing a new I-130 petition on her behalf, however, USCIS had previously denied such petitions on the basis they did not believe their marriage was bona fide. BOILA helped expedite the processing of her I-130 petition and the petition was approved by USCIS. After convincing ICE to grant a stay of removal, BOILA then filed a motion to reopen her removal order with the Baltimore Immigration Court, which was granted. Mrs. A is now in the processing of filing for her adjustment of status to become a lawful permanent resident.
Mr. N, a native of Cameroon, was finally granted his green card by USCIS, after decades of struggling to legalize his status in the US. Mr. N came to the US in 1989 and while represented by a prior attorney, was ordered deported in absentia in 1997. BOILA helped Mr. N's US citizen wife file an I-130 petition on his behalf which was approved by USCIS, then filed several motions and appeals on Mr. N's behalf in an effort to reopen his 1997 order of removal. Mr. N led an exemplary life here in the US, had a highly productive career and had a well-established home with his wife and US citizen children. Finally, after extensive negotiations with DHS attorneys, BOILA and DHS filed a motion to reopen and terminate his order of removal, which was granted by the BIA. After a great deal of time and effort, BOILA is very pleased that Mr. N is a lawful permanent resident.
Mrs. F, a native of Cameroon, was granted her green card through an employment-based petition, filed on her behalf by her employer. BOILA had also previously helped Ms. F and her employer when she was granted her H1B visa.
Ms. M and her two children were granted political asylum by the Arlington Asylum Office. Despite having a complicated case involving her exposure of corruption by the government of Cameroon, Ms. M can now begin to rebuild her life here in the United States. She is also pending her Section 13 approval.
Mr. A, a native of Ethiopia, had his I-130 petition approved and he will now be able to proceed with filing for his green card through his marriage to his US citizen wife. Previously, BOILA had helped Mr. A in getting his removal proceedings terminated by the Board of Immigration Appeals through extensive negotiations with ICE Office of Chief Counsel. BOILA had also previously secured Mr. A's release from ICE custody after filing an I-130 petition on behalf of his US citizen wife, who was 8 months pregnant at the time of Mr. A's release from detention. BOILA is now looking forward to helping Mr. A and his family in obtaining his lawful permanent residency.
Dr. U, a native of Nigeria, had his removal proceedings administratively closed by the Baltimore Immigration Court. Having been offered and accepted prosecutorial discretion, Mr. U can continue to work here in the US and live with his US citizen children.
Mr. M, a native of Cameroon who had previously been granted derivative asylum, was granted his green card.
Mr. B, a native of Cameroon, had his removal proceedings administratively closed by the Arlington Immigration Court, so that he may pursue obtaining legal status through his US citizen wife before USCIS.
Mr. D, a native of Mali, had his I-751 petition approved, allowing him to become a lawful permanent resident in the United States.
BOILA would also like to congratulate the following persons who were granted naturalization this past month:
Mr. M - native of Congo
Ms. M - native of Congo
Ms. T - native of Cameroon
Dr. J - native of the United Kingdom |
THE TOP 8 ITEMS FROM DEPT. OF HOMELAND SECURITY'S ANNOUNCEMENT ON DEFERRED ACTION
1. In a change from the prior announcement, people currently in removal proceedings will use the USCIS process when it is implemented on August 15, 2012, rather than go through ICE. Only individuals in detention will go through ICE to make a deferred action request.
2. Information provided as part of the deferred action request process is protected from disclosure to ICE or CBP for purposes of removal proceedings unless the requestor meets the criteria of USCIS' November 2011 NTA memo.
3. If a departure from the U.S. was due to removal, voluntary departure, etc., the absence was not brief, casual and innocent and would interupt the continuous residence that is required since June 15, 2007. Short absences before August 15, 2012, reasonably calculated to accomplish the purpose of the trip, would not be interuptive.
4. Only people who are currently not in status and were not in any lawful status on June 15, 2012 are eligible.
5. A "significant misdemeanor" is one for which the individual was sentenced to more than 90 days, or a conviction for domestic violence, sexual abuse, burglary, firearm violation, drug distribution or trafficking (but not possession), or DUI, regardless of the sentence.
6. Minor traffic offenses, such as driving without a license, are not considered misdemeanors that count toward the "3 or more" standard.
7. The Form I-765 will be required, along with another form that will be made available on August 14 or 15. Total fees, including biometics, will be $465. Fee waivers will not be available, but fee exemptions will be permitted in very limited circumstances, and must be requested and approved before submitting a deferred action application without a fee.
8. Whether a person has reached age 15, and whether the requestor meets the education requirements, will be determined as of the date the request for deferred action is filed, NOT the June 15, 2012 date.
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NEW BILL CALLING FOR 55,000 MORE STEM VISAS
Today, New York Senator Charles Schumer (D) introduced a new bill before the Senate. This bill calls for an additional 55,000 STEM visas. STEM visas are for foreign-born individuals who have graduated from an American university with at least a master's degree in a science, mathematics, technology, or engineering filed. Should this bill be passed, it would be a big step towards reforming and improving our nation's immigration system.
Schumer's bill is similar to a bill that was introduced in the House by Texas Representative Lamar Smith (R). However, Smith's bill calls for complete elimination of the Diversity Visa Lottery, while Schumer's does not. Smith's reasoning for elimination the DV Lottery is that it is often plagued by fraud and that it makes it easier for terrorists to enter the Untied States.
In an attempt to rally support for his bill, Schumer's office is meeting with large tech companies in the Washington DC area. For years, tech companies have desired an increase in the number of STEM visas, so it is not surprising that they are highly supportive of this legislation. Reportedly, House Republicans are reaching out to tech companies as well to gather support for Smith's bill.
While both of these bills are intended to be very beneficial for highly educated immigrants, it is doubtful whether they will prove to be so in reality. As we draw to a close of the 2nd Session of the 112th Congress, it is doubtful that there will be enough time for the Congressmen to vote upon either of these bills. And although we remain hopeful, we cannot help but wonder whether these pieces of legislation are just last minute strategic moves in the wake of the upcoming election.
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States Want Strict Immigration Law That Virginia Already Has

Arizona's Immigration Law S.B. 1070 made national news when it was passed by state legislation in 2010, and again when the Supreme Court sustained the law's centerpiece in June of this year. Ever since the inception of the Arizona law that stirred national attention, several states have called for their own tough immigration law. In a recent Quinnipiac poll question, 62% of Virginian respondents favored a policy requiring police officers to check the immigration status of those suspected of being in the country illegally.
Many proponents would be surprised to learn that their state already had a strict immigration law passed.. In 2008, two years before Arizona made national news, Prince William County in Virginia had already passed a law that requires officers to check every person they arrest to determine whether they're in the country legally. In addition to arrests, Virginia had mandated checks on admission to a state hospital, to obtain a driver's license, Medicaid benefits and, in some cases, employment. Virginia Delegate Bob MacDonnell said, "We were pushing the envelope before anyone else was."
While the Prince William ordinance pushed the envelope before Arizona, it raised concern and ire before Arizona as well. In addition to concern from immigrants and the public, criticism of the ordinance came from the county's Police Chief, Charlie Deane. Similar to Arizona's S.B. 1070, many worried that the ordinance would be costly to taxpayers, lead to accusations of racial profiling, and damage police-community relations. After only eight weeks, the ordinance was suspended and modified to address unconstitutional charges. The revision directed officers to question all criminal suspects about their immigration status once an arrest was made, rather than questioning only people suspected of being undocumented immigrants. Police Chief Deane said of the ordinance, "We made it very clear... that we were going to focus on individuals who had committed crimes, and that we were going to protect crime victims and witnesses regardless of their status, and we were not going to do racial profiling, roadblocks, sweeps or employment investigations."
Studies show that the Prince Williams ordinance may have done what it set out to accomplish. The Prince Williams county police department paid for a study conducted by the University of Virginia and the Police Executive Research Forum that looked at data from 2007 through 2009. The 2010 study showed that initial fears about racial profiling had not been realized but still found that the number of illegal immigrants in the county had been reduced and violent crime had dropped, although it was inconclusive whether the drop was an effect of the policy.
The sheer subtlety and effectiveness of the Prince William ordinance suggests that reasonable states immigration laws are attainable. If states like Arizona are able to modify their immigration laws to more closely resemble the Prince William ordinance, then illegal immigration may be able to be enforced without racial profiling, and while remaining constitutional.
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South Carolina
Teen Threatened with Deportation

Is there a certain combination of factors that makes one truly American? Besides the soil of one's birthplace and legal guidelines; a teenager who has spent the majority of his life growing up, studying, and living in the United States cannot be that different from his American citizen classmate. He has grown up in the same community, played the same games, watched the same cartoons, and had the same aspirations for a future of living the American Dream. Yet, the legal differences may not be disregarded and a government's action or inaction years ago is destined to come back at the most inopportune time.
A teenager, Javier Stephens of Simpsonville, South Carolina is currently in danger of being deported back to Mexico. He has grown up in the United States and in many ways this is the only country that he has ever called home. But the 17-year old honor student has unfortunately been suffering for years due to a mistake made by the South Carolina Department of Social Services (DSS).
Javier was brought to the country illegally as a child and subsequently abandoned by his birth parents. He was lucky to have been adopted soon after by the Stephens foster family. Yet, despite their best intentions the Stephens family was not aware of the legal flaws in the adoption. Under United States immigration policy, while under foster care the undocumented child must begin the process of applying for citizenship before the adoption. Unfortunately, this was not the case for Javier. The appropriate paperwork was never completed and without a birth certificate or green card, the U.S. Citizen and Immigration Services (USCIS) could not process Javier's application.
The complications do not end there; the Mexican government also plays a crucial role in further impeding the process. The Mexican government does not officially recognize U.S. adoptions. This signifies that the Stephens family is required to undergo the adoption process again in Mexico. This is the only way to legally gain citizenship for Javier and ensure that he may remain in the United States. Although this is a complicated case years in the making, this is in no way an isolated incident. Administrative mistakes, delays in official processes, changes in leadership, and an array of other obstacles compound the already complex immigration process. Many students are succumbing to similar fates as they struggle to understand their own identity and where they truly belong.
Taking in consideration the recent success this June under President Obama's administration in promoting the DREAM Act and ceasing deportations of young illegal immigrants, one would think that it may have provided resolution for Javier's case as well. Although the DREAM Act is a step in the right direction it is not a solution for each individual case, the mistakes made years ago by the South Carolina DSS in completing forms appropriately still follow Javier. Javier has lived and feels American, yet his present fate depends on cooperation in Mexico and the hope that this time around his case is handled effectively.
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National DREAM University
to Open for Undocumented Students

One of our basic necessities in order to advance in American society is education. It is often a deciding factor in setting one apart from the general and oftentimes mediocre crowd. But when this basic necessity is denied to those who strive for it, how may that be justified? Many undocumented students with stellar academic records are being denied the opportunity for higher education around the country.
Plans are currently underway in Maryland and California to establish a college specifically for undocumented students. It is set to open in 2013 under the name, National Dream University. This institution is geared towards educating undocumented individuals who would under any other circumstance be unable to enroll in a university.
An earlier initiative had been proposed by Freedom University in Georgia, but still left room for improvement. In 2009, with the poor state of the national economy, an admission policy went into effect in the state of Georgia that directly affected the educational futures of undocumented immigrants. The State of Georgia Board of Regents changed its guidelines so that any academically qualified legal immigrant or US applicant who had initially been rejected would automatically receive preference for admission over an undocumented student. This new admission policy would mean that any undocumented student now lost the opportunity for admittance to any of the top five public colleges in the state of Georgia. For those students that had struggled for so long to earn good grades, reach the top of their class and achieve the American Dream; these hopes were suddenly being dashed. The justification for these policy actions were that during difficult economic times, the priority should be the legal citizens and every available spot afforded to them.
The passage of this policy in Georgia elicited a response as students, academics, and community activists searched for a solution. Freedom University was established for those students that were being excluded by the state's new admissions policy. Although it currently only offers its services to 33 students due to space restrictions, the community at large sought to help its progress anywhere from providing literature to international scholars offering to lecture.
An institution for the undocumented was not without its challenges. The students felt as though they were direct targets for law enforcement and anti-immigration activists. As one of the first institutions of its kind, Freedom University was a pioneer in raising awareness for this crucial concern. Students were coming strictly to learn, knowing that unfortunately their efforts may have appeared to be in vain as their courses were not eligible for school credit and legal work after completion of their studies was in no way guaranteed.
So, what sets the new initiative apart from that in Georgia? The National Dream University has addressed some of the main flaws that existed in Georgia. Courses are accredited through the Commission on Higher Education of the Middle States Association of Colleges and Universities so that the courses taken may actually count for school credit. An online curriculum enables greater participation on a national level. Moreover, NDU is not limited to undocumented immigrants. It aims at promoting awareness for immigrant and labor rights movements and those committed to this type of leadership, so that everyone may apply to the program. This also enables a wide array of perspectives and experiences to enrich the cause.
The curriculum is currently online precisely so that these students may apply. The majority of these undocumented students are battling high tuition costs, the necessity for maintaining a paying (oftentimes full time) job, and other living expenses in addition to the usual academic concerns of a college student. The online classes afford a flexibility in cost and time that is typically not available in a standard university. Unlike other institutions, NDU will not require proof of citizenship, a green card or a US Visa for admittance. Upon completion of the program, one is expected to graduate with a certificate and the possibility of transferring the earned credits to another college. Furthermore, an NDU graduate may have the opportunity to earn a full Associate's degree or Bachelor's degree in the future.
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Family Category Processing Times:
1st: 10/1/05
2A: 5/8/10
2B: 9/15/04
3rd: 5/15/02
4th: 3/8/01
Employment Category Processing Times:
1st: Current
2nd: 1/1/09
3rd: 10/1/06
Unskilled: 10/1/06
4th: Current
Religious: Current
5th: Current
Targetet Employment Areas/Regional Centers: Current
5th Pilot Programs: Current |
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YOU may request consideration of DEFERRED ACTION for childhood arrivals if YOU: |

(PLEASE CONTACT US IMMEDIATELY
at 202-331-3074
or 1-877-526-8540)
1. Were under the age of 31 as of June 15, 2012;
2. Came to the United States before reaching your 16th birthday;
3. Have continuously resided in the United States since June 15, 2007, up to the present time;
4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.
Please contact us with any questions on DEFERRED ACTION for childhood arrivals:
BOILA, PC
888 17th Street, NW, Suite 310
Washington, DC 20006
phone: (202) 331-3074
Toll free: (877) 526-8540
Fax: (202) 280-6438
Email: info@beach-oswald.com |
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RELIGIOUS FREEDOM 2012 ANNUAL REPORT |

On March 20, the United States Commission on International Religious Freedom (USCIRF) published their annual report documenting religious freedom abuses and violations in 25 countries around the world. The report covered the period of April 2011 through February 2012 and designated violating countries as Countries of Particular Concern (CPC) or placed them on the USCIRF Watch List.
Countries of Particular Concern are governments that have engaged in or tolerated "particularly severe" violations of religious freedom. "Particularly severe" violations are "systematic, ongoing, and egregious" acts, including acts such as torture, prolonged detention without charges, disappearances or "other flagrant denial of the right to life, liberty, or the security of persons."
The eight countries that were recommended to be designated as CPC's were Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkey, Turkmenistan, and Vietnam. The eight countries that were recommended to be re-designated as CPC's were Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, and Uzbekistan.
The USCIRF Watch List includes countries where the serious violations of religious freedom engaged in or tolerated by the governments do not meet the CPC threshold but require close monitoring. The nine countries that were placed on the USCIRF Watch List were Afghanistan, Belarus, Cuba, India, Indonesia, Laos, Russia, Somalia, and Venezuela. The list provides advance warning of negative trends that could develop into severe violations of religious freedom, thereby providing policy makers with the opportunity to engage early and increasing the likelihood of preventing or diminishing the violations.
Within the report are individual chapters on the 25 countries, detailing the USCIRF's findings, recommendations, religious freedom conditions, and United States policy.
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SEPARATION IN MEXICAN FAMILIES |

The number of deportations executed throughout the Obama administration has exceeded the ones from previous years, and it is creating a devastating effect on the families of Mexican immigrants. In 2010, the Department of Homeland Security reported that there was an estimated population of 6, 640,000 unauthorized Mexican immigrants. Out of this estimated population 282,003 Mexicans were removed. Some of these individuals are parents who have US citizen children, and the separation imposed by current deportation policies has laid fear among them.
A recent study conducted by sociologist Joanna Dreby, from the University at Albany, State University of New York, showed that even though there are some children that do not face direct deportation experiences of family members, many of them are haunted by the fact there is possibility of one of their parents being deported. The children who are confronted with this reality are unfortunately the ones who have to suffer the tragic transformation to a single-parent household.
There is a difference between voluntary separation and forced separation based on the illegal status of a family member. Families that have migrated voluntarily have left family behind and send remittances to support their families. But the study revealed that forced separation of family members who have US citizen children lead to negative effects that impact emotional and financial stability.
Cases vary and every story is different, but the harm done to these families is incomparable. Children are being snatched away from their parent's arms because of their illegal status, and parents are loosing custody over their children, which are then turned in to Children Welfare agencies. Months and months behind bars make it impossible to have any say on specific arrangements they would like for their children. The majority of detained parents are unaware of their own rights, and the rights they possess as the parent of U.S. citizen children. Welfare agencies argue that the parent's absence leaves them with no other choice then to terminate their parental rights. In some instances children have been put up for adoption without the permission and the refusal of parents.
The broken immigration system is creating more single-mother households, and these families are barely making ends meet. The study conducted by Debry claims that deportation is a gendered process. Even though the Department of Homeland Security does not release the gender on the number of deportees, it is evident that the majority of them are males. The abrupt changes in these mixed-status households have to endure the trauma of a parent or spouse being arrested and deported. Families might try to reunite again, but for many it is a long road ahead. Some families reunite by bringing the entire family back to Mexico, but this transition can also effect the life of US citizen children. The lack of a quality education in hopes to live the American Dream is tarnished, and the benefits acquired through their citizenship cannot be attained if they live in Mexico.
Although the Department of Homeland Security claims that their goal is to remove foreign-born criminals, they have continued issuing deportation orders to parents that have US citizen children. These deportation policies are taking a toll on the livelihood of US citizen children. Their citizenship is disregarded because of the illegal status of their parents, and when one of their family members is deported; their quality of life is at risk of being degraded. |
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