Posts Tagged ‘Beach Oswald Immigration Law’

PRESIDENTS’ DAY – FEBRUARY 21, 2011

February 18, 2011

Presidents’ Day, initially called Washington’s Birthday, became a federal holiday in 1880.  It was celebrated on President Washington’s birthday – February 22 – and was the first holiday dedicated to a US citizen.   This holiday was signed into law in 1968. 

By the mid 1980s, many state governments changed this holiday Presidents’ Day so that it could be a day to celebrate the presidency, as opposed to just George Washington.  

While it is still officially called Washington’s Birthday, today it celebrates not only George Washington, but Abraham Lincoln and the presidency in general. 

There is a parade on February 22 in Alexandria, VA to celebrate this holiday.  

image source

Chinese New Year Celebrates the Year of the Rabbit

February 2, 2011

by Lusy Lisyanova

The Chinese New Year has been celebrated for hundreds of years, and yet not many people in the United States are familiar with its meanings and rituals.

Known as the Chinese Lunar New Year, the holiday is based on the lunar cycle, thus the date is not fixed.   This year, it begins on February 3rd.  Although it is called the Chinese New Year, it is celebrated by many other countries, such as Vietnam, Taiwan, Indonesia, Thailand, Singapore, Philippines, etc.  This holiday is celebrated for fifteen days, many of which carry specific traditions and rituals. 

In preparation for the New Year, families make sure to thoroughly clean their houses.   In doing so, they cleanse their house of bad luck and make room for good luck to enter their households during the New Year.   Families then  purchase presents, decorations, festive food, and fireworks.   As anyone who has ever lived in a Chinese New Year-celebrating country will affirm, every single household purchases excessive quantities of fireworks, ranging from firecrackers, to butterfly rockets, to bottle rockets.   They will then proceed to set off these fireworks very late into the night, and even into the early hours of the morning throughout the entire fifteen-day celebration of the New Year.   Although some of these fireworks are dangerous and cause numerous injuries – some serious – every year, people are never discouraged from buying them. 

The first day of the New Year is cause for the most fireworks and celebration.   It is the day that the gods are welcomed to earth.  On this day, many people refrain from eating meat.  Families pay visits to their oldest living relatives and children are given traditional red envelopes filled with coins, called “li xi.”  It is also considered bad luck to light fires or to use knives for cooking on this day, so all families cook their festive food the night before, on Chinese New Year Eve. 

The second day is a day of prayer.  Families pray to their ancestors and to their gods.  Business people hold a special morning prayer for a prosperous new year ahead.   It is also the day that married daughters visit their biological parents, as they seldom have the opportunity to do so otherwise. 

On the third day, superstition holds that families should keep to their homes, and  avoid paying visits to their relatives and friends’ homes. 

There are no specific rituals designated for the fourth day.  The reason for this is  that the number four is an ill omen in Mandarin-speaking countries, as the word “four” is the same work as “death”.   People are very superstitious of this number and try to avoid it as much as possible.  For instance, many buildings, especially hospitals, do not have a fourth floor – meaning that there is no button in the elevator between the buttons marked 3 and 5, and that the fourth floor is always left empty, dark, and unused.

On the fifth day, the people start off their mornings by eating dumplings for breakfast and then spend the latter part of the day celebrating the birthday of the god of wealth. 

The seventh day is the birthday of the common man.  On this day, everyone ages by one year. 

On the eighth day, families celebrate the eve of the birth of the Jade Emperor.  The next two days are also devoted to praying to the Jade emperor and celebrating his birthday. 

On the thirteenth day, many people refrain from eating meat and consume only vegetarian food.  The purpose of this is to cleanse their bodies from the excessive consumption of food over the past two weeks of festivities. 

Finally, the fifteenth – and last – day is arguably the most beautiful day of the entire celebration.  It is the day of the Lantern Festival.  On this day, families light candles outside of their homes in order to provide light to guide spirits who have gone astray.   People also walk through the streets with lanterns, creating the illusion of a sea of floating lights.

The Lantern Festival is celebrated in different ways in different countries.  In the example of Taiwan, a gigantic lantern is erected every year at the Chiang Kai Shek Memorial.  The lantern is built in the image of one of the twelve animals of the animal zodiac.  This year, the lantern is in the image of a rabbit, as it is the year of the rabbit.  During certain times, the lantern is marvelously lit up with brilliant differently-colored lights.  The lantern makes one grand rotation and is then turned off and stands in darkness until it comes time for it to make another rotation. 

Regardless of the country that people live in, the traditions associated with the Chinese New Year remain very similar.  Ms. N, a Vietnamese national living in the United States, recounts her childhood experiences of celebration the Chinese New Year in her home country:

 “Asians stress being perfect on the eve of New Year – they clean the house, cook perfect food, wear nice dresses, etc., so that the rest of the year will flow perfectly like that.  In my family, we prepare for this special occasion for weeks. We clean the house and strip off all the leaves of yellow cherry trees so that the flowers bloom on the exact new year day.  Then we  go to markets to purchase some Asian foods (basically, pork, eggs, pickles, jams preservative fruits, fresh fruit especially watermelon). We gather red papers to decorate the house, and incense to burn for our ancestors. We have a worship place for them with their pictures displayed in the living room.  Then we go pay tribute to immediate family and friends, and roam around the city to see the festival that shows dragon dance.”

“Back then on this New Year, my parents took me to visit my grandparents home to pay tribute to the elders and then my extended relatives from my parents’ sides. I was little then and my parents taught me how to verbally wish the elders what they want to get for the whole New Year. Elders want to live longer with family, so I said something like “I wish you live a long healthy life”. For relatives who still work, I wish for them to have more money. Every year I wished for the same things and I grew sick of it and was embarrassed because I didn’t sound sincere.  But guess what I get for wishing them well? Money. Yep, they give money to me because I’m the “little one”. It’s the Chinese tradition that the grown-ups give lucky money to children. The highest I could get was 2 million VND. In Chinese, lucky money is called “li xi”. They put the money in red envelopes, and I was fascinated with the design of the envelopes and the red color of it.  There have been warnings on the news of this custom of giving li xi because children spent the money for the wrong purpose like gambling. Knowing this, my parents purchased me a piggy bank and told me to accumulate the li xi in there. Now, I still have someone giving me li xi because they don’t want me to miss the tradition in America.”

Ms. N further went on to state that of all the Chinese New Year’s traditions, the giving of the li xi is her favorite one, “because of the money and also the feelings of being a kid again.”

Finally, when asked how Chinese New Year traditions differ in Vietnam, Ms. N explained that “We are heavily influenced by the Chinese, so the traditions are the same. Except, in China it’s legal to burn firecrackers on New Year.  It’s illegal in Vietnam.”

 This tradition brings many Asians back to their native countries to celebrate the Year of the Rabbit.

Advance Notice of HHS Poverty Guidelines 2011

January 20, 2011

Due to increase in prices on goods, the poverty guidelines that determine what the Petitioner, or Applicant must make as income have increased. This affects all I-864 (affidavits of support).

“This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year’s increase in prices as measured by the Consumer Price Index.” FR Doc. 2011-1237 Filed 01/18/2011 at 4:15 pm; Publication Date: 01/20/2011.

WHY IS IT TAKING SO LONG TO GET A RECEIPT NOTICE?

December 29, 2010

The American Immigration Lawyers Association (AILA) has recently inquired with the US Citizenship and Immigration Services (USCIS) as to why it has been taking so long to get Receipt Notices for applications lately.   The Service has responded by stating the reasons for the delays and ways of dealing with these technical issues. 

When applications are mailed to lockboxes, the first step they go through is being scanned into the USCIS electronic system.  Most of the applications and petitions that go through the scanning machine are accepted, but about 20% of them cannot be registered by the machine and must be processed and receipted manually.  This is the primary reason for the delays. 

If you are encountering problems with a Lockbox, the easiest way to resolve them is to contact USCIS by sending an email to lockboxsupport@dhs.gov.  In that email, you should clearly explain what the problem is with your case and provide basic information such as the petitioner’s and beneficiary’s or applicant’s names and dates of birth, in addition to the receipt number of the application (if known).   If you do not get a response to your email in five days, then you can email the AILA liaison at lockboxliaison@aila.org with the same information that you provided in your initial email, and the liaison will contact USCIS on your behalf. 

Also, with the holidays just around the corner, many of the USCIS personnel are taking time off to spend with their families.  As a result, there are fewer people to process applications, and this slows the process down even further. 

The full article referenced here can be found at AILA InfoNet Doc. No. 10110930 (posted Nov. 8, 2010.  For more general information, please click here.

Federal 6th Circuit Court on False Representation of Citizenship to Procure Employment

December 8, 2010

The court held that a false representation of citizenship by an alien for the purpose of obtaining private employment is a “purpose or benefit” under the INA, done, at the very least, for the “purpose” of evading §1324a’s provisions. (Ferrans v. Holder, 7/12/10) AILA Doc. No. 10120660.

PRESIDENT OBAMA PRESSURING FOREIGN GOVERNMENTS TO REGULATE HUMAN TRAFFICKING

November 29, 2010

In a memo issued on November 1, 2010, President Obama stated that the U.S. will not be providing financial assistance to Burma, Zimbabwe, Cuba, the Democratic People’s Republic of North Korea, Eritrea or Iran until these countries begin to comply with the Trafficking Victims Protection Act of 2009.   As of right now, these countries are not doing much to put an end to human trafficking, and, by issuing this statement, President Obama has made it quite clear that the U.S. will not tolerate this behavior. 

 Until the countries make changes to solve the human trafficking problem, the U.S. will not give them any more money in aid.  The only exception to this, according to Mr. Obama, is a partial waiver that will allow funding for programs that help victims of human trafficking and for programs that work to stop human trafficking. 

By issuing this policy, Mr. Obama has once again demonstrated that the U.S. does not tolerate any violations of human rights.   To read the full Presidential Memo, click here

For picture source, click here.

NEW EXECUTIVE OFFICE FOR IMMIGRATION REVIEW WEBSITE

November 24, 2010

On October 20, 2010, the Executive Office for Immigration Review (EOIR) launched its new and improved website.  The site now not only looks better, but functions much better as well.  The new improvements include:

  • An Action Center that helps one to find a representative, an immigration court, or a free attorney;
  • A place to submit complaints about immigration judges;
  • A list of statistics of already-filed complaints;
  • A link to the practice manual for the Office of the Chief Immigration Judge;
  • A link to the practice manual for the Board of Immigration Appeals;
  • A list of immigration forms;
  • The Immigration Judge Benchbook;
  • The Virtual Law Library; and
  • Links to the Department of Justice’s website and to its agencies’ websites.

To visit this new website, go to www.justice.gov/eoir.  To read the full news release, click here.

From Governor Martin O’Malley’s Office

November 19, 2010

This week, after two years of planning and discussion with our Administration, the U.S. Department of Interior formally launched the process that will bring renewable wind energy generation to the waters off the coast of Ocean City.

The announcement marks another step forward for our new economy.  By harnessing the outstanding wind resources off of Maryland’s coast, we can create thousands of green collar jobs, reduce harmful air pollution, and bring much needed, additional clean energy to our state.

Wind energy provides the unique opportunity to utilize jobs that exist and adapt them to a new, emerging industry that will secure our energy future and put hardworking moms and dads back to work.  Maryland is well positioned to move forward and become a leader in this industry – an industry fueled by the cause of cleaner, greener energy – thanks to the tough choices we’ve made together over the last four years that have transformed Maryland into one of the leading clean energy states in the nation.  In fact, Maryland is one of only two states to have reached the point in the process announced by the federal government this week.

We’ve set the bold goal of creating or saving 100,000 green jobs in Maryland by 2015.  The development of one gigawatt of wind energy in the mid-Atlantic region could lead to the creation of up to 4,000 clean energy jobs, and 800 more once the turbines are spinning.

As we emerge from this national recession stronger and more quickly than other states, Maryland remains well positioned to capitalize on our new economy thanks to the skills and talents of our workforce and our ability to harness our natural resources to create jobs.

Martin O’Malley
Governor

What is the New I-485 Adjustment of Status Fee for a Child Under 14?

November 11, 2010

The new filing fees go into effect on November 23, 2010   AILA is aware that the USCIS Fact Sheet does not list the filing fee for a child under 14 years of age. However, the Federal Register notice announcing the new filing fees indicate that where the child under the age of 14 is applying concurrently with a parent, is a derivative applicant, and is applying based on a relationship to the same individual as the parent, or under the same legal authority as the parent, the new filing fee will be $635 The fee of $985 for an I-485 applies for a child under the age of 14 whose I-485 application is not submitted concurrently with that of the parent, or is not based on derivative status, or is on a basis other than that of a parent.

Sources:

AILA InfoNet Doc. No. 10110935 (posted Nov. 9, 2010)

When does a Crime not bar Cancellation of Removal?

November 10, 2010

By Danielle L.C. Beach

Recently the Board of Immigration Appeals determined that a single conviction for a crime involving moral turpitude that qualified as a petty offense did not “stop-time” under INA 240A (d)(i) although it did make the alien removable under INA 237(a)(2)(A)(i). 

This is very significant as the applicant could apply for Cancellation of Removal which he would not have been able to do otherwise despite his admission/entry since March 1999 of living in this country.  Since his conviction had occurred in 2001 he could never have applied for relief as his charging document had been issued in October 2006 thus cutting off his ten years.   

The Board of Appeals in Matter of Garcia determined that since petty offense crimes are not referred to in 212 (a)(2)  he could at least apply for this relief.