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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.
We succeed when others don't!
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USCIS Reminds Applicants That Registration for TPS Has
Ended
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USCIS recently released a reminder to nationals of Honduras, Nicaragua
and El Salvador
that the re-registration period for Temporary Protected Status (TPS)
ended on December 30, 2008. The only way to re-register for TPS now
that the registration period is closed is if you are able to
demonstrate good cause for not filing during the registration period.
For more information on TPS, please visit www.uscis.gov/tps.
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Attorney General's Final Rule: Aliens Have No
Constitutional Right to Effective Assistance of Counsel
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 Circuit
courts have been split on whether aliens have a constitutional right
to effective assistance of counsel, but the Attorney General issued a
precedent decision on January 7, 2009 stating that aliens that have
been put in removal proceedings have no constitutional right to
effective assistance of counsel.
This decision overrules Board decisions in Matter of
Lozada, Matter of Assaad and Matter of Compean-Bangaly, changing the
current procedure for motions to reopen based on ineffective
assistance of counsel by making:
- the burden of proof
higher,
- the procedure more
laborious to show egregious behavior, and
- requiring a showing of prejudice and definite relief.
The Attorney
General's decision means that anyone whose case was denied due to a
negligent or ineffective lawyer does not have a legal right to have
his or her case reopened, but a court may nonetheless choose to
do so as a matter of discretion. For more information, see Matter of
Compean, 24 I&N Dec. 710 (AG 2009).
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No More H-2B Visas for 2009 Fiscal Year
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No More H-2B Visas for the 2009 Fiscal Year
USCIS has just announced that it has received the maximum number of
H-2B applications for the second half of the 2009 fiscal. Any new
H-2B applications received after January 7, 2008 with employment
start dates prior to October 1, 2009 will be rejected. Anyone who is
currently on an H-2B visa and wishes to extend their visa or change
the terms of their employment may still do so, and will not be
subject to the cap. You can found out more on the USCIS website by clicking here
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Napolitano Vows to Make Changes in Immigration
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 Janet
Napolitano, who will head the Department of Homeland Security
during the Obama administration, vowed to change the focus of
immigration enforcement during her Senate confirmation hearing
on January 15. Napolitano stated that unlike the Bush administration,
she plans to shift the focus of immigration enforcement from illegal
workers to the prosecution of employers who hire those workers. She
also plans to reexamine DHS's security policies, including the
plan to tighten standards for driver's licenses. Click here to
read the Washington
Post article.
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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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Mandatory
Use of E-Verify for Federal Contractors to be Delayed
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Due to the
pending litigation that the U.S. Chamber of Commerce initiated
against the Department of Homeland Security, the government has
pushed back the start date for when federal contractors will be
required to use the E-Verify system from January 19, 2009 to
February 20, 2009.
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