Beach-Oswald Immigration Law Associates, PC are Washington, DC immigration attorneys. Our law firm is devoted exclusively to immigration law. We have an AV rating (highest possible rating for lawyers for legal acumen and ethical standards). Practicing law since 1981.
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Read on!
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| Immigration as a Primary National Security Concern or Should Humanitarian Concerns Prevail? | 
A recent Rasmussen Report showed that U.S. voters rate the current immigration crisis as a greater national security problem than Russia and the situation in Gaza with Palestinians and Israelis. Thirty-seven percent (37%) of likely U.S. voters saw immigration as the primary concern, thirty-one percent (31%) for Russia and twenty-three percent (23%) for Gaza.
All three issues are at critical points of concern on the global scale currently. The renewed fighting in Gaza has brought much attention to a conflict some had forgotten and others never fully understood. Now, social media and a younger generation of the U.S. population are getting involved and bringing awareness to the injustices. The annexation of Crimea in March and Putin's current support for rebels in Eastern Ukraine have severely called into question any lasting alliance with Russia. Russia had been a strategic partner; key to resolving conflicts in Iran, Syria and other critical conflict areas so the United States needs to evaluate how it will manage in the long-term without this working relationship.
But what does it mean to have immigration at the top of our national security concerns compared to these crises? The Pew Research Center shows a 117% increase in the number of unaccompanied children ages 12 and younger caught at the U.S.-Mexico border during this fiscal year. These numbers have tripled in less than a year. At the end of July 2014 most recent figures had shown this included more than 57, 525 children. Not taking into account the adults that are also still crossing the border in large amounts, these are record numbers of unaccompanied children.
It is humanitarian crisis of epic proportions for our nation for several reasons. These people are escaping thriving crime and poverty in their home countries. Once here, the sheer numbers overwhelm the U.S. Border Control and the resources allocated have been unrealistically inadequate to curb the flow of these migrants. Federal law requires that undocumented immigrant minors from countries other than Mexico (which in most cases mean El Salvador, Guatemala and Honduras) be detained prior to their appearances in immigration court. In the interim the United States is required to provide their health care and basic needs before releasing them to relatives or guardians. Yet, the United States and its present infrastructure is not equipped to handle the current numbers so conditions at the border and at these detention centers are inadequate with the overwhelming capacity. This is why the current problem is further compounded as the public questions the humanitarian treatment of these underage migrants. They have fled dangerous and squalid conditions and now U.S. facilities and the hopes of a better future for these migrants are also being called into question.
Immigration is rising in opinion polls as a concern relating to national security due to the recent influx of child migrants from Central America. It is important that it is rising as this may finally elicit the much-needed substantive action from Congress. Illegal immigration and border security have been troubling for years, yet Congress continues to stall on any monumental immigration reform. Oftentimes it is inevitable crisis that ensures action.
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A Demographic Profile of Today's Unauthorized Immigrants
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The U.S. Census Bureau has revealed data concerning the demographics of the estimated 11.7 million unauthorized immigrants now living in the United States. The data overcomes the popular misperception that unauthorized immigrants are primarily males, who have recently crossed the border, are illiterate and are not positively contributing to U.S. society.
Rather the data reveals that most unauthorized immigrants are successful in their jobs, homeowners, and highly invested in their local communities. More specifically the data points out that 3out of 5 of unauthorized immigrants have been in the United States for over a decade, and surprisingly that one out of every 20 U.S. workers is an unauthorized immigrant. Additionally, more than half of the unauthorized immigrant adult populations have high school diplomas or higher education. This evidences that most of the unauthorized immigrants are already integrated into U.S. society and positively contributing to the economy.
Below are a number of figures illustrating different aspects of the unauthorized immigrant population.
Unauthorized Share of U.S. Labor Force from 2000-2010
Ten States with Largest Populations of Unauthorized Immigrants
Unauthorized Population by Country of Origin, 2012
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| Immigration Friendly Attitudes at the Local Level in Cities | 
Around the country, many cities are embracing immigrants new to their communities and promoting integration. The oftentimes-negative rhetoric concerning immigration policy relating to the inaction of Congress does not necessarily influence the immigration-friendly attitudes at the local level. These newcomers are indeed adapting and becoming consumers, business owners, homeowners, etc. and contributing their purchasing power, which is helping the local economies grow.
Cities with more favorable outlooks towards immigration include Ohio cities of Cincinnati, Springfield, Dayton and Columbus as well as big city centers like Chicago, Baltimore, St. Louis and Atlanta. In Cincinnati for example, Mayor Cranley proclaimed, "This is a country of immigrants, and this is a place where immigration is rewarded and thanked." This is the sentiment of the "melting pot" that so many value about the United States. Cincinnati's task force is concentrating on the following: economic development, community resources, education and talent retention, international relationships, and rights and safety.
The favorable outlook towards immigration at the local level is not simply out of a sense of goodwill; local leaders are seeing the economic and developmental value immigrants have for their communities. The more welcoming approach shared by some American cities should serve as an example towards redefining our national public policy.
But is it easier to promote these values of integration at a local level where the issue of national security may not necessarily be felt as strongly? The realities of local communities and the public policy of a nation may have drastically different concerns to confront. Yet what is important to note in these immigration friendly cities, is that action is being taken. Community leaders are taking in migrants, celebrating different cultures and integrating them into their constituency. As we wait for immigration reform to become a reality, these communities are at least offering a welcoming atmosphere.
In addition to the economic development achieved in more inclusive communities, local leaders are recognizing the importance of offering a welcoming atmosphere to unaccompanied migrants. Many see this as a basic duty in a nation seeking to promote civil and human rights. These unaccompanied child migrants are fleeing devastating circumstances in their home countries to make the treacherous journey to the unknown, which they can only hope will offer them peace and security. As these children wait for their cases to be adjudicated, they are left vulnerable. Local leaders are responding to their constituents who want these unaccompanied minors welcomed and cared for. They seek to provide these basic rights as best as they can to the migrants while Congress continues to stall at improving a flawed immigration system.
We need to recognize that immigration is beneficial to the country as a whole, and enriches the nation's cultural identity, grows the economy and ensures global competitiveness. These local governments are realizing that they don't have to wait on Congress to start policies that promote an inclusive culture and community. While we wait on comprehensive immigration reform, the strides being made across the nation at the local level to benefit the economy cannot be ignored and should be applauded.
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| Kinship Ties May Assist Those Affected by Gangs |  In a reversal of the Board of Immigration Appeals, the Fourth Circuit Court of Appeals remanded on July 18th, 2014, a case in which an asylum applicant seeks to remain in the United States on the basis of his kinship tie to a member of the Mara 18 street gang in El Salvador.
Wildon Manfredo Aquino Cordova sought withholding of removal from the US based on his kinship tie to a member of Mara 18, a street gang that has a contentious rivalry with the notorious MS-13 street gang. Aquino's cousin, Jorge Vidal, joined Mara 18 under duress in 2010, and he became a target for MS-13. Despite refusing to join either Mara 18 or MS-13, Aquino faced repeated attacks, threats, and pressures from both MS-13 and Mara 18 members because of his cousin's associations. To escape this persecution, Aquino fled El Salvador; since his departure, his cousin, Vidal, has since been killed by MS-13 gang members, as has his uncle. Fearing for his life, Aquino entered the US without inspection in July 2010, and he applied for asylum based on his membership in "a particular social group," i.e., his kinship to a Mara 18 gang member.
The immigration judge and BIA both rejected this classification, finding that evidence of his abuse, his cousin's death, and country conditions involving MS-13 and Mara 18 concerned "general conditions of upheaval and unrest associated with gang violence." When defining the particular social group to which Aquino belonged, they classified him as "a person who is from El Salvador who came to the United States, returned to El Salvador and had problems with a gang, and the police did not help." This analysis neglected to consider the importance of Aquino's kinship to a gang member, despite established precedent affirming that family ties may form the basis for membership in a "particular social group" as required for a grant of asylum. The BIA's justification for denying asylum on this basis concluded that although the deaths of his uncle and cousin are "relevant to his case," Aquino had not met the burden of showing that MS-13 "uniquely or specially targeted" his family. This logic argued that because his uncle and cousin were not targeted because of kinship ties, therefore Aquino had not been targeted because of kinship ties.
The Fourth Circuit rejected the BIA's classification, holding that although Aquino's uncle and cousin were not targeted because of their kinship ties, this did not invalidate Aquino's own asylum claim based on his kinship ties. The Fourth Circuit remanded the case to the BIA to reconsider whether Aquino's own kinship ties formed a proper basis for asylum and withholding of removal. The Court noted also that the strength of Aquino's claim, while drawing support from his kinship with a targeted gang member, was most grounded in the actual and severe abuse he himself suffered, not on that suffered by his family.
This decision creates an interesting precedent for the millions of individuals in Latin America with kinship ties to MS-13, Mara 18, and other criminal gangs. Previous cases extended asylum to those directly involved with or persecuted by criminal gangs, but this case may mark a shift toward extending the same consideration to those who have a familial relationship with someone targeted by gangs. As hundreds of thousands of immigrants flee northward to escape escalating violence and insecurity in Central and South America, this case offers hope to some, at least, that their efforts to receive a grant of asylum may be slightly more tenable than before.
Read the Case Here... |
| Religious Leaders Arrested Advocating for Immigration Reform |  On July 31, 2014 112 religious leaders and activists were arrested during a protest in front of the White House aimed at stopping deportations and supporting efforts to aide immigrants illegally living in the United States. The religious leaders and activists were arrested by the U.S. Park Police and charged with "blocking passage" on the side walk, a misdemeanor. Each of the 112 individuals went through a 'post and forfeit' process and paid fifty dollars to forfeit their right to a trial. All of the individuals were released from a processing center in Anacostia by the same evening.
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| Recent Student Exchange Visitor Program Statistics | 
The Student Exchange Visitor Program (SEVP) that is part of the U.S. Immigration Customs Enforcement's (ICE) Homeland Security Investigations (HSI) monitors about one million international students pursuing academic and vocational studies in the United States, as well as their dependents. For a university to enroll international students it must be SEVP-certified.
SEVP released its quarterly report documenting the number of international students studying in the United States. The report stated that as of July 8, 2014, 966,333 international students were enrolled in approximately 9,000 different schools throughout the United States. These students were primarily using F, academic visas, and M, vocational visas. This is an eight percent increase compared to July 8, 2013.
The students' citizenship ranges from a wide variety of countries. The top ten countries being China, India, South Korea, Saudi Arabia, Canada, Japan, Taiwan, Vietnam, Mexico and Brazil. In regard to the schools these students are attending the top five are the University of Southern California, Purdue University, the University of Illinois, New York University and Columbia University. Of the 966,333 international students, 350,000 pursued science, technology, engineering, and mathematics coursework. Of these 350,000 students 69% were male, and 85% were from Asia.
The report also focused specifically on students from China noting that 270,596 students were from China and primarily attended schools in California, New York, Massachusetts, Pennsylvania, and Illinois.
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| New Guidance on Reasonable Fear Note Taking | 
On May 9, 2014 USCIS issued a guidance memorandum on the revisions concerning the reasonable fear-note taking. This means that Asylum Pre-Screening Officers are no longer required to take notes in sworn statement format or to conduct a 'read-back.' Additionally, Asylum Pre-Screening Officers no longer need to receive the alien's signature at the end of the interview notes or ask the alien for corrections. The new procedure now calls for the Asylum-Pre Screening Officers to take interview notes in a question and answer format, followed by a brief summary by the Asylum-Pre Screening Officer to the alien explaining the claim and an opportunity to correct errors.
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Visa Bulletin for September 2014
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FAMILY SPONSORED PREFERENCES:
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Family Sponsored
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All Areas Except Those Listed
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China - Mainland Born
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India
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Mexico
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Philippines
| | F1 | 01 MAY 07 | 01 MAY 07 | 01 MAY 07 | 01 JUN 94 | 01 AUG 04 | | F2A | 01 JAN 13 | 01 JAN 13 | 01 JAN 13 | 22 APR 12 | 01 JAN 13 | | F2B | 01 SEP 07 | 01 SEP 07 | 01 SEP 07 | 15 MAY 94 | 01 DEC 03 | | F3 | 15 NOV 03 | 15 NOV 03 | 15 NOV 03 | 15 OCT 93 | 22 MAY 93 | | F4 | 01 JAN 02 | 01 JAN 02 | 01 JAN 02 | 22 JAN 97 | 15 MAR 91 |
EMPLOYMENT-BASED PREFERENCES:
| Employment Based |
All Areas Except Those Listed
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China-Mainland Born
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India
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Mexico
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Philippines
| | 1st | Current | Current | Current | Current | Current | | 2nd | Current | 08 OCT 09 | 01 MAY 09 | Current | Current | | 3rd | 01 APR 11 | 01 NOV 08 | 08 NOV 03 | 01 APR 11 | 01 APR 11 | | Other Workers | 01 APR 11 | 22 JUL 05 | 08 NOV 03 | 01 APR 11 | 01 APR 11
| | 4th | Current | Current | Current | Current | Current | | Certain Religious Workers | Current | Current | Current | Current | Current | | 5th Targeted Employment Areas/Regional Centers and Pilot Programs | Current | Current | Current | Current | Current |
DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF SEPTEMBER:
| Region | All DV Areas Except Those Listed | | | Africa | 81,100 | Except:
Egypt: 32,250
| | Asia | 13, 350 | Except:
Nepal: 9,500 | | Europe | 40,150 | | | North America (Bahamas) | Current | | | Oceania | 1,450 | | | South America, and the Caribbean | 1,750 | |
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| Ebola Outbreak Related Immigration Relief |  USCIS is closely monitoring the Ebola outbreak in West Africa and is offering additional measures to nationals from Guinea, Liberia, and Seirra Leone who are currently in the United States.
Immigration Relief Measures Include:
- Change or extension of nonimmigrant status for an individual currently in the US, even if the request is filled after the authorized period of admission has expired;
- Extension of certain grants of parole made by USCIS;
- Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
- Expedited processing of immigrant petitions for immediate relatives (currently in the US) of US citizens;
- Expedited adjudication of employment authorization applications, where appropriate;
- Consideration for waiver of fees associated with USCIS benefit applications
Read the USCIS Release...
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| H-1B Cap Reached | 
On April 7, 2014, USCIS reached this fiscal year's cap on H1-B Visas. Since then, the Vermont and California Service Centers have begun to adjudicate H-1B petitions for work beginning on or after October 1. In addition the Vermont and California Visa Centers have stated that they hopes to adjudicate all H-1B petitions that are pending due to Requests for Additional Evidence (RFE) by mid-August. |
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