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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. Our firm is A-V rated, and we have 27 years of
experience.
We succeed when others don't!
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New
Immigration
Bill CIR ASAP
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 The
Comprehensive Immigration Reform ASAP Act of 2009 was introduced to
the House of Representatives on December 15, 2009 by Congressman
Gutierrez. This bill is meant to ease the immigration
process for aliens by doing the following:
- Illegal aliens will have to prove that
they are employed, fluent in English, and will have to undergo a
criminal background check and pay a fine of $500.00 USD before
they will be able to apply for a 6-year visa. Aliens will
be able to apply for permanent residence at the time their
6-year visas will expire.
- Preference
systems for employment and family-based immigrants will be
improved. The process will also be handled in a speedier
manner.
President Obama wants Congress to pass a
bipartisan bill sometime in 2010. The bill is intended to
incorporate the following principles:
- Illegal immigration must be stopped.
- Border security needs to be enhanced
through technology and an increased number of border patrol
agents.
- Illegal immigration must be reduced, but
immigrant families should still be able to remain together and
not be separated due to immigration status.
- Talented
individuals from all over the world must be encouraged to come
to work in the US to create companies that will create thousands
of jobs for Americans.
- A new system is to incorporate unskilled
illegal aliens into our economy.
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H-1B
Statutory Cap
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 On December 21, 2009, USCIS reached the
maximum statutory cap limit of H-1B petitions that will be processed
for the fiscal year 2010. All H-1B applications that were
submitted after that date will be subject to a random selection for
processing. However, H-1B petitions that are exempt from the
statutory cap, such as change of employment, extension of status,
concurrent employment, etc., can be submitted at any time.
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BOILA
Wins Asylum For Forced Marriage Case
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 In 2006, the Court of Appeals recognized
forced marriage as a social group basis for asylum for the first time
in Gao v. Gonzales. Now the 8th
Circuit has found eligibility for asylum on this basis in Ngengwe v. Mukasey.
Thereby, asylum has been granted in totem by the BIA. Gender
based asylum lacks "bright line" rules and creates
complexities for asylum adjudicators.
On December 1,
2009, the BIA determined that the respondent was a member of a
cognizable social group of "Cameroonian widows." It
also found substantial evidence that the authorities did not protect
the Respondent from her in-laws. Furthermore, the BIA found
that the harm suffered cumulatively arose to the level of past
persecution. Harm nexus was established on account of the
particular social group.
Ngengwe v. Mukasey is just one of the many forced marriage
cases that we've won at BOILA PC. If you have a friend that is
in a forced marriage, you can rest assured that they will be in good
hands at BOILA, with our experienced lawyers working on their cases.
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Widow Penalty
Eliminated And Humanitarian Reinstatement
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 On October 28,
2009, new changes were made to the requirements for the self-petition
of a widow so that the couple no longer had to be married for 2 years
before the citizen died. Now the widower provision under 204(a)(1)(A) requires that the petition be filed within
two years of citizen spouse's death, and that the petitioner remain
married.
Secondly, if already pending, an I-130 filed on
behalf of alien spouse will automatically convert to I-360 petition
upon the petitioner's death.
The widower's children who are under 21 at time
the petition was filed can be included in the petition and can
preserve their "child status" after turning 21
(CSPA). They will be considered as derivative immediate
relatives.
If residing abroad, the widow should file an I-360
with the nearest consulate or USCIS office overseas.
If deceased spouse is a lawful permanent resident
and not a citizen, then this "widow" self petition
provision does not apply. However if an I-130 had been filed
and approved prior to the death of the petitioner, and if the
beneficiary can obtain a substitute sponsor, then he could move to
reinstate the I-130 petition (previously automatically revoked on
petitioner's death) based on humanitarian grounds, according to
8CFR§205.1(a)(3)(i)(c)(2). An
Affidavit of Support may substitute a USC or LPR domiciled in the
US.
Beneficiaries outside of the US would need to
reinstate revoked petitions only if the petitioner died after the
petition had been approved. The exception would be if DHS
determines approval as "not in the public interest".
Also, the stationary amendment does not waive or excuse grounds of
inadmissibility or removability at this time, such as pending I-601
waivers.
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Zero Tolerance
Policy
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The TVPA Trafficking
Victims Protection Act was passed in 2000. In 2003, the law was
updated to the TVPRA - Trafficking Victims Protection Reauthorization
Act. Now, it has been modified again and called the FARCIP -
Federal Acquisitions Regulation on Combating Trafficking in
Persons.
The FARCIP created a
zero tolerance policy to punish contractors and subordinators, and
their employees who engage in severe forms of trafficking in
persons. The persons being trafficked are those who have
engaged in commercial sex acts or are being forced into such
labor. Employers must protect themselves with
vigilant supervision and monitoring of employees.
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Terra
Cotta Warriors
From 200 B.C. -
Now In Washington, DC
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BOILA employees enjoying cultural moment.
 Recently, our law firm members
enjoyed the National Geographic exhibit of magnificently life-sized
warriors and artifacts from the Bronze Age of China.
China's first Emperor Qin Shi Huang conquered six
warring states, built a vast network of roads, and established the
common use of measurements and coins. He worked to develop the
Great Wall of China, which stretches over 2400 kilometers and also
built over 250 palaces.
The first Emperor sought
immortality by creating an army of life sized painted terra cotta
soldiers, chariots, and horses of 7,000, most of which is still being
unearthed. The mercury pills he took to achieve immortality,
when he was approximately 50 years old, resulted in his death. His
predicted dynasty of 10,000 years fell around 30 years after his
death. Yet this wonder of the world, buried for over 2,000
years, has ironically given him the immortality he sought.
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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.
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January 2010
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New HIV Law Removes Inadmissibility
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As
of January 4, 2010, Human Immunodeficiency Virus (HIV) will no longer
make an alien inadmissible under INA 212(a)(1)(A)(i). A
motion to reopen or reconsider for cases prior to this date can be
filed within 30 days if USCIS denied the case based solely on HIV
infection on or after July 2, 2009.
This means, that,
as of 2010, HIV infection will no longer be defined as a communicable
disease of public health significance, according to HHS regulations.
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New Immigration Judge Coming To Arlington, VA
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Judge
Laurence Burman will be replacing Honorable
Immigratino Judge O'Leary, who is now the
Chief Judge of the BIA, in the Arlington Immigration Court
in February, 2010. Judge Roxanne Hladylowycz,
who was a substitute judge for Judge O'Leary, will be leaving the
Arlington Court upon Judge Burman's
arrival.
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NEW EOIR OFFICE
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EOIR
is opening a new office in the Immigration Court in Saipan, Northern
Mariana Island. The court began conducting hearings there on
November 30, 2009.
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WILD
CATS - National Geographic Statistics
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Did you
know that the estimated population of wild cats has gone down from
450,000 to 20,000 in only 50 years? According to the National
Geographic, wild cats currently have low populations: Cheetahs
- 7,500; Snow Leopards - 6,000; Tigers - 4,000. Exotic
restaurants sell their meat, wealthy collectors display their heads,
and in some parts of China bones are used for tiger wine.
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PREVAILING
WAGE CHANGES FOR JANUARY 1, 2010
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Prevailing Wages
for PERM applications and non-immigrant petitions must now be sent to
the National Prevailing Wage and Helpdesk Center (NPWHC) in
Washington, DC. The Department of Labor has announced that
electronic submission of prevailing wage requests will be available
on DOL's iCert online portal beginning
January 20, 2010.
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