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Issue: #6
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June 2018
bringing immigration news updates since 2006
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Beach-Oswald Immigration Law Associates, PC
is a Washington, D.C. boutique firm devoted exclusively to immigration law. We have the highest possible rating for lawyers for legal acumen and ethical standards, and we have been practicing law since 1981. We are well versed in all aspects of immigration law, particularly, employment based immigration, citizenship, naturalization, asylum, deportation and removal, and temporary visas.
Our top-notch lawyers represent professional workers, business owners, families, and asylum-seekers from all over the world. We provide the absolute best professional service possible to our clients and aid them in every step of their immigration processes. We prioritize ensuring our clients are not only assisted with their immigration cases but are thoroughly educated about the processes, laws, and requirements. All of our attorneys and legal staff at Beach-Oswald have a genuine desire to help those in need. We ensure the highest quality of professionalism and legal expertise.
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BOILA Feature Grant Story
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The John-Lewis family has been with Beach-Oswald for many years. Both Mr. Feddy John-Lewis and Mrs. Amelia John-Lewis
have remained continuously in the United States for over 14 years. At the time of filing their Cancellation of Removal Applications, both had lived in the United States without status.
Mr. and Mrs. John-Lewis have two U.S. citizen daughters. Their eldest child, Keiren has suffered medical problems since she was a baby. Initially, she was diagnosed with bronchitis that later developed into severe asthma. It took five long years and a marathon of doctor visits and strict medication regimes before the John Lewis' began to see improvements in their daughter's condition.
Just when things began to look up for their young daughter, she was diagnosed with Adolescent Scoliosis and is now required to wear a back brace for the rest of her life in order to avoid life threatening surgery. This was the basis for Mr. and Mrs. John-Lewis' Application for Cancellation of Removal.
Both Mr. and Mrs. John-Lewis were born in Dominica and feared that should they be forced to return to their home country, their children would suffer greatly, especially Kieren. There is a severe lack of medical resources in Dominica, especially for people with disabilities. The personal care their daughter was fortunate to receive in the U.S. would not be available to her in Dominica.
BOILA was able to provide convincing arguments to the Immigration judge in support of Mr. and Mrs. John-Lewis' Application for Cancellation of Removal and their applications were approved! But their celebration was short-lived. It took several months for the Court to send their file to USCIS so that Mr. and Mrs. John-Lewis could receive their green cards. It took numerous written and facet-to-face inquiries with the Supervisors before any action was taken. During which time, their work permits had expired and they were unable to continue working - causing grave concern for how they would continue to support their young children.
After many calls and trips to the Baltimore Field Office, the John-Lewis' finally received their green cards. In a few years they can begin the process for naturalization.
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BOILA Grants
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Ms. W, a native and citizen of
Ghana has been a long time client of Beach-Oswald. Ms. W originally came to Beach-Oswald as an asylee ready to file her adjustment application. BOILA has successfully represented her for the past 10 years through all of her immigration matters. Most recently, Ms. W applied for
Naturalization. BOILA reviewed her history and identified all possible issues that could come up during Ms. W interview. After having her interview rescheduled, not once but twice, BOILA was able to successfully represent Ms. W at her naturalization interview, and she now lives as a United States citizen.
Ms. T, a native and citizen of
Cameroon came to Beach-Oswald after having received a
Notice of Intent to Deny (NOID) her pending adjustment application. As an asylee there was a larger amount of information needed to be included in her adjustment application. Certain omissions by Ms. T were deemed as lies and misrepresentation by USCIS and required legal intervention. BOILA drafted an extensive statement and provided ample documentation to support Ms. T application and in the end it was approved. Ms. T now has her 10 year green card and will be eligible for citizenship in 2022.
Mr. D, a native and citizen of
Cameroon, filed and I-130 and I-485 application based on his marriage to his US citizen wife. Even though they live out of state, the couple was able to provide BOILA with documentation to support their marriage petition. Mr. D applications and petitions were approved and he now possesses a two year green card. Mr. D will return to BOILA in about 18 months to start the process to remove the conditions on his green card.
Ms. W, a native and citizen of
Ethiopia
, came to BOILA before her scheduled naturalization interview so seek legal advice about a criminal issue she had in her past. Ms. W, like many applicants, was worried about how her criminal background might affect her chances for naturalization. BOILA reviewed her history and represented her during her interview. After a lengthy interview, Ms. W application for naturalization was approved and she was given an oath ceremony appointment to take place three days later. She is now a happy U.S. citizen.
Ms. T, a native and citizen of
Cameroon had her
I-751, Petition to Remove the Conditions of Residence approved without an interview. Most marriage based petitions require an interview before an immigration officer before the petition or application can be approved. Especially the I-751 petition, as this is the last petition filed before the applicant receives their 10 year green card. In some cases, when an application or petition is filed with substantial documentation to prove the bona fide relationship between the Petitioner and beneficiary, an interview is waived and the case is approved based solely on the documentation provided. This was a welcome surprise to both BOILA and Ms. T as we can now begin her naturalization process.
Mr. A, a native and citizen of
Cameroon had his
Nunc Pro Tunc Asylum application approved by the Arlington Asylum Office. Mr. A entered the United States as a derivative of his father's political asylum claim. Because his father adjusted status to a United States citizen before Mr. A became a lawful permanent resident, Mr. A was required to go through the Nunc Pro Tunc Asylum process. BOILA was successful in obtaining a Nunc Pro Tunc asylum grant for Mr. A who is now eligible to immediately adjust status to a lawful permanent resident.
Mr. A, a native and citizen of
Cameroon was granted
political asylum at the Baltimore Immigration Court. Mr. A was a member of the peaceful political opposition movement known as the Southern Cameroon National Council. He was granted asylum due to the severe harm and arrests he suffered based on his political opinion while in Cameroon. Mr. A is now eligible to become a lawful permanent resident next spring.
Mr. N, a native and citizen of
Cameroon was granted asylum at the Baltimore Immigration Court based on his imputed political opinion. Mr. N was an Anglophone doctor in Cameroon and was wrongfully accused of failing to assist a daughter of a high ranking military officer. Because of this accusation Mr. N was arrested, interrogated, and physically beaten in front of his family numerous times. Mr. N was further accused of secretly assisting political opposition groups supporting the Anglophone communities in Cameroon. While Mr. N was not politically active in Cameroon, BOILA was able to convince the Immigration Judge that the Cameroonian Government imputed an opposition political opinion onto Mr. N. Mr. N will now be eligible to become a lawful permanent resident next spring.
Mr. R, a native and citizen of
Nicaragua, received his lawful permanent resident card based on his approved
special immigrant juvenile status. BOILA was successful in obtaining the requisite custody order in the Maryland circuit courts on behalf of Mr. R's mother. As Nicaragua is current on the Visa Bulletin, Mr. R was immediately eligible for his lawful permanent resident card upon the approval of his special immigrant juvenile status.
Mr. M, a native and citizen of
Cameroon, received asylum at the Arlington Immigration Court. Mr. M worked at a non-profit in Cameroon that assisted detained juveniles and promoted the enhancement of the treatment of juveniles in Cameroonian prisons. Because of reports Mr. M made regarding the terrible condition of juveniles in Cameroonian prisons, Mr. M was arrested and severely beaten. BOILA was successful in convincing the Immigration Judge that although Mr. M was not politically active, his advocacy work with his non-profit constituted a political opinion. Mr. M will be eligible to adjust to a lawful permanent resident next summer.
Mr. F, a native and citizen of
Cameroon, received asylum at the Baltimore Immigration Court. Mr. F who was a member of the Southern Cameroon National Council and a successful business man in Cameroon was severely persecuted for his membership and political opposition activities. Mr. F, despite a few negative discretionary factors, was granted political asylum. Mr. F is now immediately eligible to bring his wife and children into the United States, all of whom are currently living in hiding in Cameroon. Mr. F will be eligible to adjust to a lawful permanent resident next summer.
Mr. RG, a native and citizen of
El Salvador, received a derivative
U-visa through the assistance his mother gave to DC police in regard to domestic violence she was a victim to. Although Mr. RG had been accused of violating the controlled substance act, BOILA was successful in receiving a derivative U-visa grant from USCIS. Mr. RG's court proceedings will now be terminated so that he may adjust to a lawful permanent resident with USCIS after 3 years of continuous presence in the United States.
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Family Separation at the Border
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Our country and our immigration system has been thrust into a human rights disaster as a result of families being torn from their children by U.S. government officials at the border. The children separated from their families are being held in "Tender Age" detention facilities, shelters and tents across the country with their families desperately seeking answers as to their children's whereabouts. Some parents have been deported without their children.
The Trump administration issued a last minute executive order to stop the separation of children from their families. In addition, 17 states have filed lawsuits challenging family separation.
There has been a large demand from the public to for the Trump administration to disclose the policies and date related to family separation and re-unification. A lawsuit was filed in the District Court for the District of Columbia that demands for the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE) and the U.S. Customs and Border Protection (CBP) to release documents in response to Freedom of Information Act (FOIA) filed in April.
Numerous organizations have submitted FOIA requests requesting the following:
- Records related to family separation policies and guidance.
- Data regarding the number of minor children separated from adult family members.
- Systems for tracking children and adult family members who are separated, as well as coordinating communication between separated family members.
- Policies and protocols for reuniting separated adults and related children.
- Complaints the agencies received regarding the policy.
Time will tell if the lawsuit will be successful and if the organizations will receive the information they seek.
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Revisions to Travel Ban 3.0
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On September 24, 2017, President Trump issued Presidential Proclamation (P.P.) 9645, commonly known as Travel Ban 3.0. The proclamation, grounded in an assessment of the potential threats posed by American immigrants from around the world, determined that Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen possessed inadequate risk factors and would be subject to various travel restrictions. Unless an exemption applies, foreign nationals of the designated countries face unequivocal suspension of entry.
On April 10, 2018 a new P.P. was issued that amended the September 24, 2017 proclamation. This new amendment removes the restrictions imposed on nationals of Chad. According to the Department of State, Chad was found to meet the baseline criteria set by the Department of Homeland Security. This change took effect on April 13, 2018. As of result of the new Proclamation, there are now seven countries that are currently subject to various travel restrictions.
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Country
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Nonimmigrant Visas
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Immigrant and Diversity Visas
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Iran
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No nonimmigrant visas except F, M, and J visas
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No immigrant or diversity visas
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Libya
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No B-1, B-2, and B-1/B-2 visas
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No immigrant or diversity visas
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North Korea
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No nonimmigrant visas
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No immigrant or diversity visas
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Somalia
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No immigrant or diversity visas
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Syria
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No nonimmigrant visas
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No immigrant or diversity visas
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Venezuela
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No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following government agencies Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People's Power Ministry of Foreign Affairs, and their immediate family members.
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Yemen
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No B-1, B-2, and B-1/B-2 visas
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No immigrant or diversity visas
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Moving forward, nationals from these seven countries will face consular officers who will determine whether applicants who would otherwise be eligible for a visa are exempt form the Proclamation or if not, may be eligible for a waiver under the proclamation allowing the issuance of a visa. The exemptions are as follows:
a) Any national who was in the United States on the applicable effective date described in Section 7 of the Proclamation for that national, regardless of immigration status;
b) Any national who had a valid visa on the applicable effective date in Section 7 of the Proclamation for that national;
c) Any national who qualifies for a visa or other valid travel document under section 6(d) of the Proclamation;
d) Any lawful permanent resident (LPR) of the United States;
e) Any national who is admitted to or paroled into the United States on or after the applicable effective date in Section 7 of the Proclamation for that national;
f) Any applicant who has a document other than a visa, valid on the applicable effective date in Section 7 of the Proclamation for that applicant or issued on any date thereafter, that permits him or her to travel to the United States and seek entry or admission, such as advance parole;
g) Any dual national of a country designated under the Proclamation when traveling on a passport issued by a non-designated country;
h) Any applicant traveling on a diplomatic (A-1 or A-2) or diplomatic-type visa (of any classification), NATO-1 -6 visas, C-2 visa for travel to the United Nations, or G-1, G-2, G-3, or G-4 visa; except certain Venezuelan government officials and their family members traveling on a diplomatic-type B-1, B-2, or B1/B2 visas
i) Any applicant who has been granted asylum; admitted to the United States as a refugee; or has been granted withholding of removal, advance parole, or protection under the Convention Against Torture.
No visas will be revoked pursuant to P.P. 9645. Those who possess valid visas or travel documents will generally be allowed to travel to the United States irrespective of when the visa was issued.
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Changes to I-751 Receipt Notice Continuation of Status
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As of June 11, 2018, Petitioners who file form I-751 Application to Remove the Conditions on Residence will receive their Receipt Notices (on form I-797)
as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.
This change comes from USCIS as a result of the increased processing time for form I-751 and I-829,
Petition by Entrepreneur to Remove Conditions on Permanent Resident Status.
USCIS will also re-issue receipt notices to all applicant's who filed their I-751 petitions on or after June 11, 2018 but who's receipt notices do not reflect the 18 months extension of status.
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Canada Warns Immigrants in U.S. About Heading North of the Border
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"If Donald Trump wins, I'm moving to Canada," many Americans joked in the months leading up to the 2016 presidential election. But for the thousands of undocumented Americans threatened by Trump's current crackdown on immigration, seeking refuge in Canada is hardly humorous. Canadian illegal immigration numbers, particularly in the Quebec province that borders northeastern US states, have skyrocketed in the past year, but unfortunately, immigrants have not been welcomed with open arms. Canada remains staunchly committed to lawful, well-managed immigration, and is unwilling to accommodate the enormous influx of refugees.
Presently, Canada accepts less than 8% of asylum applications, and the vast majority of immigrants are turned down and deported. Canadian officials urge Americans, both documented and undocumented alike, to consider the limitations of their immigration system before rushing north.
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USCIS To Welcome 14,000 New Citizens on Independence Day
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This year, U.S. Citizenship and Immigration Services (USCIS) plans to welcome more than 14,000 new citizens in nearly 175 naturalization ceremonies between June 28 and July 10.
The Independence Day naturalization ceremony will begin with the Bexar County Courthouse in San Antonio, Texas on June 28. During this event, USCIS Director L. Francis Cissna will deliver congratulatory remarks to 37 new Americans.
Those looking to practice the civics test by themselves also have the option of downloading the USCIS mobile app: USCIS Civics Test Study Tools.
The app keeps old tests for review, has a game to challenge your civics knowledge, and lists all 100 questions and answers that could be asked in the actual civics test.
New citizens, family and their friends can share in their experiences by sharing photos from the ceremonies on social media using the hashtags #newUScitizen and #4thofJuly.
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USCIS to Recall 800 Incorrectly Printed Employment Authorization Documents
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On June 21, 2018 USCIS began recalling approximately 800 Employment Authorization Documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, which were granted by USCIS asylum officers. The cards contain a production error that transposed the first and last names of the individuals receiving the EADs. These cards were mailed to recipients in April and May 2018.
USCIS will send notices to individuals who received the incorrect EADs, as well as to their attorneys or accredited representatives, if a G-28 was submitted with the corresponding Form I-589. The affected individuals should return their incorrect EADs to USCIS in the provided pre-paid envelope within 20 days of receiving the notice. Recipients may also return their EADs to a USCIS field office. Replacement EADs will be sent within 15 days of receiving the incorrect card.
The recall does not affect these individuals' employment authorization since they are authorized for employment without needing an EAD. Affected recipients' Form I-94 showing that they were granted asylum is also evidence that they are authorized to be employed. If affected individuals need proof of their employment authorization, they may reach out to the
USCIS Contact Center
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Re-Definition of Public Charge
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For the past year, the Trump administration has worked tirelessly to change the U.S. immigration system. It now seeks to change the circumstances for family-based admission by re-defining the circumstance in which a non U.S. citizen is deemed a public charge - meaning they are someone who depends on government benefits or subsidies.
Though the new policy remains unclear, what has been ascertained from leaked drafts of executive orders and rules is the following:
- An immigrant would be considered a public charge if any of his or her dependents-regardless of whether the dependents are U.S. citizens-are utilizing or might utilize benefit programs.
- Being a public charge would no longer be defined only by utilization or possible utilization of cash benefits like Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and General Assistance (GA). An immigrant would also be considered a public charge if he or she utilized (or might have to utilize) non-cash benefits such as Supplemental Nutrition Assistance Program (SNAP), Medicaid, and Children's Health Insurance Program (CHIP).
- An immigrant would be labeled a public charge if he or she had received any benefits in the past 36 months-not just currently or possibly in the future.
- An immigrant would be a public charge for receiving benefits in any amount; not just being primarily dependent on those benefits, which is the case now.
According to the Migration Policy Institute, in the last Fiscal Year there would have been over 1 million immigrants who would not have become lawful permanent residents because they would be deemed public charges.
This proposed changed would drastically change the family immigration system and would leave millions without recourse for status in the U.S.
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USCIS Updates
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USCIS Announces Form I-751 date entry delay at California Service Center
Earlier this month, the US Citizenship and Immigration Services (USCIS) reported that its California Service Center (CSC) is experiencing a delay in initial data entry, and therefore the mailing of receipt notices, for Form I-751: Petition to Remove Conditions on Residence. The agency advises those who have recently submitted a 1-751 to the CSC but have not received a receipt notice to refrain from filing a duplicate unless explicitly instructed to do so. Processing time for these petitions is expected to return to normal by the end of June 2018.
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