Vol. 5 No. 69- December 1, 2011 - www.usimmigrationnewspaper.com - [email protected] - SUBSCRIPTION $1 PER ISSUE - NEWSSTAND FREE Failure is a Mindset Joseph Rotimi Famuyide Want to Place an Ad in USI News? Call us for rates and other relevant information. We will take pictures and design the Ad. Contact us . Monday through Friday, 9am - 6pm. Phone: 718-647-6767 Fax: 718-647-6777 Email: [email protected]. We accept all major Credit Cards. Visit us Online at www.usimmigrationnewspaper.com Attorney Famuyide Wins Deported Immigrant’s Case Con’t on Pg 4 MERRY CHRISTMAS FROM U.S IMMIGRATION NEWSPAPER!!! GOP Presidential Candidate Newt Gingrich Gives Immigrants the Green Light Who Will WIN in 2012 ? Newt Gingrich Presidential Candidate Barrack Obama, President of the United States The journey started in the middle of 2010, the mission was to bring an immigrant de- ported for immigration law vio- lation back to the United States from Kosovo. The mission was accomplished before thanks- giving of 2011.... Breaking News: New Strategy For Eligibility For Cancellation of Removal Highlights pg 9 Attorney Famuyide Wins Immigration Case Using Science New Update: How to Turn Pending Immigration Appeal to Green Card pg 5 pg 24 pg 30 MERRY CHRISTMAS
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Vol.5 No. 69- December 1, 2011 1www.usimmigrationnewspaper.com
Vol. 5 No. 69- December 1, 2011 - www.usimmigrationnewspaper.com - [email protected] - SUBSCRIPTION $1 PER ISSUE - NEWSSTAND FREE
Failure is aMindset
Joseph Rotimi Famuyide
Want to Place an Ad in USI News?
Call us for rates and other relevant information. We will take pictures and design the Ad. Contact us . Monday through Friday, 9am - 6pm. Phone: 718-647-6767
Fax: 718-647-6777 Email: [email protected]. We accept all major Credit Cards. Visit us Online at www.usimmigrationnewspaper.com
The journey started in the middle of 2010, the mission was to bring an immigrant de-ported for immigration law vio-lation back to the United States from Kosovo. The mission was accomplished before thanks-giving of 2011....
Breaking News:New Strategy For Eligibility
For Cancellation of Removal
Highlights
pg 9
pg24
pg 31
Attorney Famuyide Wins Immigration Case Using Science
New Update:How to Turn Pending Immigration
Appeal to Green Card
pg 5
pg 24
pg 30
MERRYCHRISTMAS
Vol. 5 No. 69 - December 1, 20112 www.usimmigrationnewspaper.com
Vol.5 No. 69- December 1, 2011 3www.usimmigrationnewspaper.com
Visa Bulletin For December 2011A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immi-grant numbers during December. Consular officers are required to report to the Department of State docu-mentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported prior-ity dates, for demand received by November 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed over-subscribed. The cut-off date for an oversubscribed cate-gory is the priority date of the first applicant who could not be reached within the numerical limits. Only ap-plicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a
cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a peti-
tion in behalf of each has been filed. Section 203(d) provides that spouses and children of preference im-migrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.
4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of PermanentResidents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of
the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)
Diversity Immigrant (DV) Category
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportuni-ties for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allo-cated diversity visas will be made avail-able for use under the NACARA program. This resulted in reduction of the DV-2012 annual limit to 50,000. DV visas are
divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For December, immigrant numbers in the DV category are available to quali-fied DV-2012 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW
First: Priority Workers: 28.6% of the worldwide em-ployment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Pro-fessions Holding Advanced Degrees or Persons of Ex-ceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.
Fourth: Certain Special Im-migrants: 7.1% of the world-wide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which
reserved for investors in a targeted rural or high-unem-ployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
On the chart below, the listing of a date for any class indi-cates that the class is over-subscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e.,no numbers are available. (NOTE: Numbers are avail-able only for applicants whose priority date is earlier than the cut-off date listed below.)
*Employment Third Pref-erence Other Workers Cat-egory: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Con-gress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, pro-vides that once the Employ-
ment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition ap-proved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduc-tion in the EW annual limit to 5,000 began in Fiscal Year 2002.
6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with informa-tion on cut-off dates for the following month.
*NOTE: For December, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08FEB09. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08FEB09 and earlier than 22MAR09. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
Number 39 Volume IX Washington, D.C.
*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Pref-erence Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.
Vol. 5 No. 69 - December 1, 20114 www.usimmigrationnewspaper.com
The journey started in the middle of 2010, and the mission was to bring an immi-grant deported for immigration law violation back to the United States from Kosovo. This mission was accomplished before thanksgiv-ing in 2011; the im-migrant arrived in the United States a permanent resident alien. According to his wife, “Attorney Famuyide gave me the best thanksgiving ever in my life.”
This is another success story of 2011; Attorney Famuyide has succeeded in res-cuing another immi-grant from the jaws of the Immigration & Customs Enforce-ment Agency. Attor-ney Famuyide has restored and reunit-ed another family.
The story started with a Notice to Appear issued in the year 2006 which culminated in the subject immigrant being ordered removed from the United States two years later. This im-migrant entered the
United States without inspection and was caught by the agents of the U.S. Customs and Border Pro-tection. After a brief detention, the immigrant was released on parole to apply for asylum and withholding of removal. The case was transferred to New York.
After about two years in court, the Immi-gration Court denied this immigrant asylum and with-holding of removal. The immigrant had to leave the United States for Kosovo as a result.
It was at this stage that someone gave the U.S. Immigra-tion Newspaper to his girlfriend. She immediately made an appointment for consultation with Attorney Famuyide. Based on Attorney Famuyide’s counsel, the couple eventu-ally got married in Europe and the fight to obtain waiver to bring the husband back to the U.S. within two years started.
The U.S. citizen spouse filed the peti-tion for alien relative through the office of Joseph Famuy-ide and the petition was approved im-mediately. Addition-ally, the National Visa Center process-ing was completed
and the file sent to the U.S. Embassy, Skopje, Macedonia for interview.
As expected because of the unlawful pres-ence in the United States for more than one year which at-tracted a 10year penalty, the removal issue and the need for permission to reapply for admis-sion, the U.S. Con-sulate gave the im-migrant time to apply for the needed waivers. It was an arduous task.
To obtain the waiver, an immigrant must have a qualifying rel-ative, such as a U.S.
citizen or perma-nent resident spouse, parent or child. The immigrant, in the most common waiver application, is required to show that the qualifying relative will suffer extreme hardship if the immigrant is de-ported. This is the juncture where most waiver applications fail. Extreme hard-ship is regarded as hardship over and
above what anyone whose relative is de-ported will suffer.
Attorney Famuyide applied for the two required waivers; ap-plication for waiver of grounds of inad-missibility and the application for per-mission to reapply for admission into the United States after deportation or removal. With the
cooperation of the U.S. citizen wife and her family, Attorney Famuyide put to-gether an almost 400 page brief in support of the applications. Both applications were submitted in February 2011 and by November 2011, the hitherto deported immigrant returned to the United States in better state than he left. He returned a permanent resident
Attorney Famuyide Wins Deported Immigrant’s Case
Joseph R. Famuyide, Esq.
The U.S. citizen spouse filed the petition for alien rela-tive through the office of Joseph Famuyide. The pe-tition was approved immediately, the National Visa Center processing was completed and the file sent to
U.S. Embassy Skopje, Macedonia for interview.
contd on pg 11
Vol.5 No. 69- December 1, 2011 5www.usimmigrationnewspaper.com
Few days to the 2011 Thanksgiving Day, another of Attorney Famuyide’s client re-ceived the usual con-gratulatory message from an Immigration Judge in New York. It was another mission accomplished in a case that started in year 2004.
This was a case of never say never. My advice to all immi-grants in the U.S. is to never give up. Apply for any available relief you might be quali-fied for, pursue it with vigor, do your due dili-gence and you will be pleasantly surprised by how it ends.
This case started as a marriage case before the U.S. Citizenship & Immigration Services in the Baltimore area.
The USCIS officer who interviewed the couple made some mistakes and drew some conclusions that were not accurate. The case was denied. The immigrant was cited to have commit-ted immigration fraud. The appeal in the case was not successful. The client relocated to New York and was im-mediately served with the Notice to Appear before the Immigra-tion Court for removal proceedings.
It was at this stage that Attorney Famuy-ide was retained for the rescue in 2007. Having had a chat with this immigrant, Attorney Famuyide drew up the case plan. It was clear from the interview with the im-migrant that he was
very active in College in his country fight-ing for human rights of the less privileged in his community. His science educa-tion exposed him to some knowledge of the degradation to the environment that was taking place in ex-change for money by politicians to the detri-ment of the poor and farmers in his country. The immigrant joined with others to seek redress to the problem and as a result he was persecuted.
Attorney Famuyide decided to pursue withholding of removal as a relief for the immigrant since he had lived in the United States for many years before applying for relief. The immigrant was able to amass
overwhelming docu-ments in support of the case. He testified intelligently before the court last year. The judgment was postponed because of fingerprint clearance until November 2011. It was a day of joy for this immigrant as he was rescued from the maw of Immigration & Custom Enforce-
ment.
Now this immigrant could live in the United States without any fear of deportation. Thanks to a system which gives every immigrant the opportunity to apply for relief before being deported.
Withholding of removal is a form of
relief that an immi-grant could apply for before the Immigration Court. Even though it is similar to asylum, there are differences between them. An asylee could apply for permanent resi-dent status after one year; a withholding of removal holder cannot apply. An immigrant could apply for with-
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Attorney Famuyide Wins Immigration Case Using Science
contd on pg 13
Vol. 5 No. 69 - December 1, 20116 www.usimmigrationnewspaper.com
Greetings Readers! Every now and then I share information that is pertinent to parents, teachers, administra-tors, superintendents, therapists and basi-cally anyone who works with children. It almost feels like an epidemic in education when you count the number of children who have reading difficulties. Prob-lems range from dif-ficulty remembering letters, learning letter sounds, poor vocabu-lary skills, reading basic skills, difficulty sounding out words and poor reading com-prehension. We know today that children can have a specific reading disability and dyslexia. Many chil-dren have more than one disability which makes progress even slower. In this column I will share the Top 10 Things You Should Know About Reading from the LDOnline.com website!
1. Too many Ameri-can children don’t read well!Thirty-three percent of American fourth graders read below the “basic” level on
the National Assess-ment of Educational Progress reading test. The “basic” level is defined as “partial mastery of the prereq-uisite knowledge and skills that are funda-mental for proficient work at each grade” (NAEP 2009 Reading Report Card). 2. An achievement gaps exists! Many students enter kindergarten perform-ing below their peers and remain behind as they move through the grades. Differ-ences in language, exposure to print and background experi-ences multiply as stu-dents confront more challenging reading materials in the upper grades. There is a well-established cor-relation between prior knowledge and reading comprehen-sion: students who have it, get it. Students who don’t, don’t. The differences are quan-tifiable as early as age 3 (Hart & Risley, 2003). For some sub-groups of students, the reading failure rate is even higher than their same-age peers: 52% of black students, 51% of Hispanic students, and 49% of students in poverty all scored Below Basic on the NAEP assessment. High-need students have chronic difficul-ty in the classroom, and teachers must be prepared to meet the challenges they face.3. Learning to read is complex!Reading is a complex process that draws
upon many skills that need to be de-veloped at the same time. Marilyn Adams (1990) compares the operation of the reading system to the operation of a car. Unlike drivers, though, readers also need to: o Build the car (develop the mechani-cal systems for identi-fying words)o Maintain the car (fuel it with print, fix up problems along the way, and make sure it runs smoothly)o And, most impor-tantly, drive the car (which requires us to be motivated, strate-gic, and mindful of the route we’re taking)Cars are built by as-sembling the parts separately and fas-tening them together. “In contrast, the parts of the reading system are not discrete. We cannot proceed by completing each in-dividual sub-system and then fastening it to one another. Rather, the parts of the reading system must grow togeth-er. They must grow towards one another and from one another. (Adams, 1990, pp.20-21). The ultimate goal of reading is to make meaning from print, and a vehicle in good working order is re-quired to help us reach that goal.4. Teachers should teach with the end goal in mindBecause learning to read is complex, the most accomplished teachers learn to
teach with the end goal of readers and learners in mind. Teachers working with young children learn to balance the various components of reading, including phonemic awareness, phonics, fluency, vo-cabulary and com-prehension in their every day teaching. The very best teachers integrate the compo-nents while fostering a love of books, words, and stories.5. Kids who struggle usually have problems sounding out wordsDifficulties in decod-ing and word recog-nition are at the core of most reading dif-ficulties. Poor readers have difficulty under-standing that sounds in words are linked to certain letters and letter patterns. This is called the “alphabetic
principle.” The reason many poor readers don’t attain the al-phabetic principle is because they haven’t developed phonemic awareness — being aware that words are made up of speech sounds, or phonemes (Lyon, 1997). When word recognition isn’t automatic, reading isn’t fluent, and com-prehension suffers.6. What happens before school matters a lotWhat preschoolers know before they enter school is strong-ly related to how easily they learn to read in first grade. Three predictors of reading achievement that chil-dren learn before they get to school are:a. The ability to recognize and name letters of the alphabetb. General knowl-
edge about print (understanding, for example, which is the front of the book and which is the back and how to turn the pages of a book)c. Awareness of pho-nemes (the sounds in words)Reading aloud togeth-er builds these knowl-edge and skills. As a result, reading aloud with children is the single most important activity for parents and caregivers to do to prepare children to learn to read. (Adams, 1990).7. Learning to read is closely tied to learn-ing to talk and listenFamilies and caregiv-ers need to talk and listen to young chil-dren in order to help them learn a lot of the skills they will need for reading. When a child says “cook” and
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her father says, “Would you like a cookie?” he is building her knowledge of vocabulary, sen-tence structure, syntax, and purposes for com-munication — all of which will help her become a reader in later years. When a caregiver sings rhymes and plays word games with the children she cares for, she is helping them recognize the sounds in words (phonemic awareness). Chil-dren with language, hearing, or speech problems need to be identified early so they can receive the help they need to prevent later reading dif-ficulties. 8. Without help, struggling readers continue to struggle! Many children learn to read by first grade re-gardless of the type of instruction they receive. The children who don’t learn it, don’t seem to be able to catch up on their own. More than 88 percent of children who have difficulty reading at the end of first grade display similar difficul-ties at the end of fourth grade (July, 1988). And three-quarters of students who are poor readers in third grade will remain poor readers in high school (Shaywitz, 1997). These facts highlight the importance of providing a strong foundation for reading from birth through age five.9. With help struggling readers can succeed! For 85 to 90 percent of poor readers, prevention and early intervention programs can increase reading skills to average reading levels. These programs, however, need to combine instruc-tion in phoneme awareness, phonics, spelling, reading fluency, and reading comprehension
strategies, and must be provided by well-trained teachers (Lyon, 1997). As many as two-thirds of reading disabled children can become average or above-average readers if they are identified early and taught appropriately (Vellutino et al., 1996; Fletcher & Lyon, 1998). These facts underscore the value of having a highly trained teacher in every classroom.10. Teaching kids to read is a team effortParents, teachers, caregivers, and members of the community must recognize the important role they can play in helping children learn to read. The research shows that what families do makes a difference, what teachers do makes a difference, and what community programs do makes a difference. It’s time for all those who work with children to work together to ensure that every child learns to read. It is our shared responsibility.What Can Parents Do?Children need certain elements to learn to read and to be fluent readers! If I had to pick one event that facilitates reading it would be reading to your children everyday! One researcher said children have to be good story tellers before they learn to read. Another researcher reported that children who are read to 5000 times by kinder-garten soar above their peers in kindergarten and first grade! There is definitely a strong correla-tion between a child’s verbal development and reading skills. In addition to reading everyday, parents must expose their children to a variety of experiences. Provide piano lessons, karate,
dance, games, cooking lessons, budgeting/counting money, visit the zoo, parks, museums, take them grocery shopping and visit the beach. Take road trips where you have to go over bridges and read maps! You can also do activi-ties in your town where your taxes go like rec-reation centers and libraries that offer wonderful programs for children and families. Your child doesn’t have to be good at these activities. The intent is to expose them to the new vocabulary they will learn. For the full article visit http://www.ldonline.org/article/42934
Lisa-Anne Ray-Byers is a speech-language pa-thologist who has worked in education for over two decades. She holds graduate degrees in speech-language pathology and multicultural education. She also holds certification in edu-cation administration. She is the author of the book, They Say I Have ADHD, I Say Life Sucks! Thoughts From Nicholas and she is a co-author of the book, 365 Ways to Succeed With ADHD. Both are available at www.Amazon.com and on her website. She is a member of the National Education Writers Association and she is the Education Editor for the Community Journal newspaper in Long Island. She is currently em-ployed in the Hempstead School District. You can contact her at [email protected] or by visiting her website at www.AskLisaAnne.com.
contd from pg 6
Vol.5 No. 69- December 1, 2011 9www.usimmigrationnewspaper.com
GOP Presidential Candidate Newt Gingrich Gives Immigrants the Green Light
The new buzz in the immigrant commu-nity is whether or not the rising Republican Presidential Candidate, Newt Gingrich could be the “savior” all im-migrants have been waiting for. At least he is not a coward like the others. Rather than take the position that is popular in the Repub-lican Party concerning deporting all immi-grants from the United States, the former Speaker, opined at the last debate that it was necessary to create a humane immigration system that will grant status to illegal aliens who have lived in the United States for many years. According to the former Speaker, he is prepared to take the hit for his stand on immigration. Instead of declining in the poll, he was rewarded for it simply because America treasures any leader that will stand for what they believe regardless of the con-sequence. Gingrich is fully aware that a similar comment cost another Presidential Candidate, Gov. Rick Perry his top contend-er status at a previous debate.Now it appears that immigrants will have to choose between President Obama, and Newt Gingrich, or Gov. Perry when one of them wins the Re-publican Presidential primary, otherwise, the only choice will be President Obama again. I visited Speaker Gin-grich website to look into his ideas about
immigration, and I must comment that they appear bold and beneficial to the future of all immigrants in the U.S. I have also read what President Obama put forward in 2008. Unfortunately, he did not implement nor grant immigrants the benefits he prom-ised even when the Democrats controlled the two arms of Con-gress. Maybe we need to try someone else. If the current mounting for the speaker holds up and he becomes the nominee, USI News will take a second look at his agenda and he might earn our endorsement unless President Obama is able to redeem himself through the passage of any immigration relief bill before the next election. These are some of what the former Speaker, Newt Gin-grich is proposing on immigration. Accord-ing to the informa-tion on his website; “There are currently anywhere from 8 to 12 million people living in the United States who entered il-legally. These people range from day labor-ers who arrived re-cently, to grandparents who have been paying taxes, supporting their families and obeying the law for decades. We need a system that enforces the rule of law, ensures that those who broke the law pay a stiff penalty, but also acknowledges that it is neither optimal nor feasible nor humane to deport every single illegal immigrant. We
need a path to legal-ity, but not citizenship, for some of these in-dividuals who have deep ties to America, including family, church and community ties. We also need a path to swift but dig-nified repatriation for those who are transient and have no roots in America. We need a process that can dis-tinguish at the human level.Congress must charge the Department of Justice to establish a “citizens’ review” process for those here outside the law. It would establish com-mittees to process these cases in indi-vidual communi-ties and determine who will continue on this path to legality, and who will be sent home. Congress must define understandable, clear, objective legal standards that will be applied equally during this process. While this process is ongoing, those here outside the law will be granted Temporary Legal Status for a certain, limited period of time until all have had the opportunity to apply and appear in front of committees.Applicants must first pass a criminal back-ground check, and then the local com-mittees will assess applications based on family and commu-nity ties, and ability to support oneself via employment without the assistance of Social Security, Medicare, Medicaid, and other entitlement programs.The government will
rigorously enforce a requirement that all in-dividuals seeking this path to legality must be able to prove that they can independently pay for private health insurance. If an indi-vidual cannot prove this, they will lose the ability to stay in the United States. Fur-thermore, proficiency in English within a certain number of years, similar to the requirement for natu-ralization, will be re-quired for anyone who seeks continued legal status in the United States. Once an appli-cant has been granted the right to obtain legal status, he or she will have to pay a penalty of at least $5,000.Moving forward, those who receive this status will have to prove on a regular basis that they can support them-selves without entitle-ment programs and pay for health insur-ance or else risk the
ability to stay in the United States.”Additionally, Speaker Gingrich is also pro-posing an easy way to obtain visa to visit the United States. Ac-cording to him, “our current visa program is inadequate, inefficient, and outdated. Ameri-cans and newcom-ers deserve a system that works. Ameri-cans will benefit from a fairer, more secure, more efficient system, which will ensure that foreign visitors, stu-dents, workers and job-creators alike provide as many posi-tive benefits as pos-sible to our economy and society. Future visitors and future legal residents will be drawn to the most ef-ficient visa system in the world, whether one wants to come to the United States to travel, to study, or to work. – and especially to bring talent and capital to create American
jobs.” He also wants to create a guest worker program.It is important to mention also that Gov. Perry is another Republican Presiden-tial candidate with a similar gentler ap-proach to the fate of immigrants in the United States. Hopefully, the winner in 2012 will be someone who will actually work to do whatever is promised to the immigrant com-munity. This article is for your information only, it is not a legal advice that could only be rendered by an immigration At-torney. If you have any question or comment, please send your email to Attorney Joseph Famuyide at [email protected]. USI News.
Vol. 5 No. 69 - December 1, 201110 www.usimmigrationnewspaper.com
Many people go to the doctor with complaints of red eye. Red eye requires immediate medical attention so as to differentiate them from issues that threat-en vision. Red eye could also be a mani-festation of a disease affecting the whole body.
What are the things to look out for if you have red eye? Presence of a dis-charge: Watery discharge is common with allergic problem, it can also occur with virus infec-tion.Color or pus like dis-charge may indicate bacterial infection that needs further evalua-tion. PainRed eye accompanied with pain may be asso-ciated with increased pressure in the eye. In-fection can also cause pain. Change in the visionIf there is change in vision such as blurry vision or decreased vision that is new, it should be evaluated.
Sensitivity to light (photophobia)When there is in-creased discomfort when the eye is opened to light, that makes you feel like avoiding bright light. Persistent feeling of “something in the eye”A feeling like a foreign object present that makes it hard to open the eye without diffi-culty. This is different from sensation of sand in the eye that tends to occur with allergy. People who use contact lensThey can have injury to the eye with subse-quent infection. History of injuryAny form of recent injury to the eye with subsequent redness needs further evalua-tion.
Some Causes of Red eye:Note: The clear mem-brane that covers the white part of the eye and lines the inner part of the eyelids is called the conjunctiva.
Conjunctivitis: Inflam-mation or infection of the conjunctiva. This could be a result of allergy, viral or bacte-rial infection. Infective conjunctivitis is con-tagious. Presentation includes:• Feeling of “some-thing in the eye”• Discharge and in-creased tearing• Maybe sensitive to
light• Vision may also feel blurred• Treatment varies depending on the cause: antihistamines for the allergic, symp-tomatic relief for viral, and antibiotics for bac-terial. Subconjunctiva hem-orrhage (Bleeding into the conjunctiva): When the blood vessels under the conjunctiva bleed, it causes painless bright redness of the eye. This is commonly referred to as having a blood shot eye. It is usually noticed by someone else or when you look in the mirror. • It can occur without any reason, but things that cause in-creased pressure (such as vomiting, sneezing, and coughing) make
people prone to sub-conjunctiva hemor-rhage. • If you have high blood pressure, check to make sure it is well controlled.• No definite treat-ment required. Artifi-cial tears or eye drops can be used to relieve the itching.• Resolves on its own within one to two weeks.Keratitis: Inflamma-tion or infection of the cornea.It can be caused by viral (herpes simplex or varicella zoster) and bacterial infection. Keratitis can be part of generalized disease such as rheumatoid disease or other rheu-matologic disease. People who wear contact lens are prone
to keratitis because of possible injury to the cornea with the intro-duction of bacteria. Presentation include• Feeling of some-thing foreign that cannot be gotten rid off in the eye.• Sensitivity to light• Blurry vision• Treatment is an-tibiotics for bacterial causes and antiviral for that caused by herpes and shingles. Acute Angle closure Glaucoma: (Sudden rise in pressure in the eye). There is• Severe eye pain• Headache• Significant dis-comfort with or without vomiting• Urgent medical attention required to prevent loss of vision in the eye.
Take Home MessageWhile the cause of red eye may be simple, not every cause can be managed without consulting the doctor. If you have one of the associated symptoms described above please seek medical advice. It is better to be overpro-tective of your eye than to loose your vision.Dr. Oluwatoyosi Dairo can be contacted at Amazing Medical Services P.C. at 110-16 Sutphin Blvd., Jamaica, NY 11435 or by phone at (718) 526-7600.This article is for edu-cational purposes and it is not intended to replace the advice of your doctor.
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alien. Thanks to a good wife who was ready to fight a good fight to keep her family togeth-er.
It appears from reports and information available on the internet that less than 20% of waiver applications are ap-proved by the U.S. Citizenship & Immigration Services. To obtain approval such an appli-cation must be supported by overwhelming evidence that the U.S. citizen qualifying relative would suffer what the law de-scribes as “extreme hardship”. This is the most difficult of the requirements.
In this case, Attorney Famuy-ide did a detailed research on Kosovo and brought out what the impact of relocation to Kosovo will be on the U.S. citizen. The attorney also high-lighted the poor salary scale, the crime rate, the impact of war, language barrier, impact on career, the CIA report on Kosovo, and as well as the reli-gious intolerance of the people of Kosovo who were formerly part of Yugoslavia.
Attorney Famuyide made it clear through documentation that the only place where the couple could live as a family to raise their future children will be the United States. The gov-ernment agreed with Attorney
Famuyide. The waiver was ap-proved and the permanent resi-dent status was granted to the delight of the family.
It must be noted that the facts of each case is different, there is no ‘one size fits all’ when ap-plying for waiver. Therefore, this article is for your informa-tion only and not a legal advice. All immigrants that might want to explore this avenue must consult with an immigration Attorney before making such decision to travel abroad with the hope of getting waiver.
The country condition and the ability of the immigrant to obtain overwhelming docu-ments in support of the 601 waiver will determine the outcome of such an applica-tion. Also all the favorable eq-uities must trump any negative factors for the application for waiver to be granted.
This article is for your informa-tion only, if you need legal rep-resentation, feel free to contact Attorney Joseph Famuyide at 718-647-6767 or send your e-mail to [email protected]. USI News
contd from pg 4
Vol. 5 No. 69 - December 1, 201112 www.usimmigrationnewspaper.com
In the evening, when she was walking to the car park, she heard some female voices behind her. She looked back and saw that Pat was one of them. Tammy saw this as an opportunity to talk to Pat. She had been thinking of seeing her, to let her know that she wasn’t holding the comments she made the other time against her. She stopped and waited for the three women to catch up with her, waving at them. When they got to her, she greeted them with a broad smile. Then looking at Pat, she asked, “How are you today?” “I’m fine. And you?” Tammy engaged Pat in a light conver-sation until they got to the parking lot. “Thanks. Have a nice evening.” Pat told her. “You do the same.” Tammy said. ********** Richard drove into the compound of his office and parked his car in his parking space. The time was 6.10pm. He took the
elevator to the third floor and walked down the hallway to his office, Lawal and Adesola. The law firm shared the floor with two other companies. “How are you?” He said in response to the secretary’s greeting and went straight to his office. His framed law degrees hung on the wall. He placed his laptop beside the monitor on the shiny table and his brief-case on the floor close to his black leather chair. A photo frame of him and Tammy was on one side of the table with a tele-phone box. A printer and fax machine stood on a stand close to the table. The stand had two shelves for papers. In the cream painted room, there was a wooden cabinet with six pullout drawers, vintage handles and built-in label holders. Built-in bookcases, protected by glass doors with many neatly arranged books, most of them on law were on one side of the room. A painting, three feet long and twelve inches high hung on the wall as well. He knocked briefly on the door that sepa-rated his office from his partner’s. He knew Bayo was around as he had seen his car at the parking lot. They had to discuss a certain cli-ent’s case. Bayo, who was about three years older than Richard was
married with a child. He was seated, study-ing some information on the monitor in front of him. “Richard,” Bayo acknowledged him, “you’re back. So what happened in court?” Richard sat down and proceeded to explain his outing. Af-terward, they began to discuss a client Richard had in mind.********** On the way home, there was an accident that caused a heavy traffic. Tammy called Richard on her silver phone to know where he was. He picked the phone on the fourth ring. “I’m on my way home. Where are you?” Tammy asked. He told her that he and Bayo were still in the office attend-ing to some clients but would be leaving soon. She dropped the
phone in her bag and sighed, glancing at the clock on the dash-board. She wouldn’t be able to go to the salon again today as she had planned. She ran a hand through her hair. She could still manage until a more convenient time, prob-ably tomorrow.********** Immediately the
service ended on Sunday, Helen came to see Richard. “I just want you to pray for me. I woke up this morning feeling … off balance.” She was moving her head. One side of Rich-ard’s mouth turned up in a smile. He was getting used to the way she shook her head. Helen continued,
“I was feeling sad and lonely. Coming to church has helped me though. I’m much better now but … you know, that feeling is still there. There are times that I feel over-whelmed.” “Hmm,” Richard looked at her, “some-thing must have caused it. Did you re-
member something or saw something that triggered off the feeling?” “Well,” she closed her eyes briefly as if trying to remember, “yes … I saw one of the letters my ex-husband wrote to me shortly after our sepa-ration. I didn’t know I still had it. I thought I had destroyed them all.
The letter just angered me. I remembered the disagreements we had. But at some other times, these feelings just come out of the blues, you know … I just feel tired on the inside, I don’t have the desire to do anything. There are times I feel like running away.”
Richard nodded. “I know. Divorce can be a very painful and difficult experience. It makes many people have high and low feelings. If you don’t mind, tell me a little about your marriage.”
“Do you have time to listen?” She asked.
“Sure. I can spare
some minutes. I want to know what went wrong with it.”
“Oh well,” Helen began, moving her head again, “many things went wrong with the marriage. We met through one of his friends. He deceived me into thinking he was a Christian and …
“Oh well,” Helen began, moving her head again, “many things went wrong with the marriage. We met through one of his friends. He deceived me into thinking he was a Christian and
…...
OH BABY! contd.
Rev. Taiwo I. OdubiyiUSI News Columnist
contd on pg 13
Vol.5 No. 69- December 1, 2011 13www.usimmigrationnewspaper.com
holding of removal at any time, but an application for asylum must be filed within one year of entry to the United States.
It is more difficult to prove eligibil-ity for withholding of removal than asylum, but the benefit of withholding of removal is less than that of asylum. To qualify for withholding of removal, an immigrant must establish that it is more likely than not that he or she would be persecuted on account of race, religion, nationality, and mem-bership in a particular social group, political opinion in his or her country. It requires submission of supporting documents and calling of witnesses to testify in support of the claim.
To all immigrants, if you are current-ly before the Immigration Court and your case is very hopeless, make sure you apply for termination of your case in the exercise of prosecutorial discre-tion. That might be the best approach, but if you believe you have a good chance of obtaining relief, this might be the best time to do so. The election is next year, there might be move-
ment among politicians to pursue im-migrants vote by reducing the current harshness towards immigrants.
This article is for your information only; it is not a legal advice and should not be substituted for a legal counsel that could only be obtained from an attorney after evaluating your case. If you have any question, please feel free to contact Attorney Famuyide at 718-647-6767 or send email to [email protected].
well, I moved in with him before marriage which I knew was wrong. I did it because of pressures. We eventually got married.” She stopped to clear her throat.
She went on. “Soon after, he wasn’t staying at home. He said I forced him into marriage and that he regretted marrying me. I would be at home alone. He insulted me a lot, called me names so often that I began to believe them. I began to feel that something was wrong with me, and that I wasn’t good enough. It affected my self esteem so much, I lost confidence in myself … and as if that wasn’t enough, my mother whom I usually confide in suddenly became sick. She had stroke and she’s still hospitalized.”
Richard stopped her. “I don’t want to forget again. Which hospital is your mother in?” He took a pen and paper.
Helen told him the name and the address of the hospital. “I will be there myself. I will also ask two of the ministers to visit her regularly.”
“We’d appreciate that.” She said.
“Back to our discussion, whose idea was the divorce?”
“It was mine.” She answered. “I couldn’t
take it anymore. He had moved out anyway. The whole thing was long over before the divorce.”
“I see.” Richard said as he listened.
She continued to tell him about her mar-riage. “I knew I shouldn’t have married him but I couldn’t end the relationship because I was afraid of being alone. And through the whole mess, his parents kept mute, there was no support from any of them.”
When she stopped talking, Richard began to counsel and encourage her. “Wll, you have to release yourself from these feelings and take charge of your life.” He told her to replace the negative thoughts and words with thoughts and words that would make her feel good.
“You need to begin to say to yourself words that will make you feel happy, motivated and confident. Such positive words will give you strength when you think you don’t have any. Speaking good words to yourself will also make you know who you are and what to look for in life. You will remember that you are a child of God. It will also help you in your relationship. If I know that I’m a great and good person, I will look for someone who is equally great and good. So you have to work on yourself first and the only person who can help you is you. God has
done all that He needs to do.”
He continued to encourage her before he prayed and gave her some Scriptures to meditate on.
“Can I call you once in a while if -”
“Oh yes. Sure, you can.” He brought out his call card. “Here, you can have this.”
Thank you. Here is my own card as well. Thanks.”
“You’re welcome.”
He got up to walk her to the door. “Have a nice week.” He said, touching her shoulder briefly as he usually did to people.
To be continued.This story is from the novel Oh Baby! by Pastor Taiwo OdubiyiTo order this book and others by the same author, please contact:Tel:1-410-8187482, 410-5196888Website: www.pastortaiwoodubiyi.org.ukFacebook: pastor mrs taiwo odubiyi
contd from pg 12
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contd from pg 5
Vol. 5 No. 69 - December 1, 201114 www.usimmigrationnewspaper.com
EDITORIAL CREW
PubLIshER AnD EDITOR In ChIEf JOsEPh ROTImI fAmuyIDE, Esq.EDITOR DEbORAh O. fAmuyIDE
mARkETIng mAnAgER gLEnDA L. CRuz
gRACE fADEyI
gRAPhIC DEsIgnER DAvID fAmuyIDE (DfAms WEb & gRAPhICs)
InTERnATIOnAL CORREsPOnDEnT OmOLOLA JEROmAn, Esq.InTERnATIOnAL CORREsPOnDEnT AyObAmI ODEyEmI
® 2011 ALL RIghTs REsERvED, nO PART Of ThIs PubLICATIOn mAy bE REPRODuCED, sTORED In A RETRIEvAL sysTEm OR TRAnsmITTED In Any fORm OR by Any fORm OR by Any mEAns- ELECTROnICs OR mEChAnI-CAL InCLuDIng PhOTOCOPyIng, RECORDIng OR OThERWIsE WIThOuT ThE WRITTEn PERmIssIOn Of ThE PubLIshER. ThE PubLICATIOn Of Any mATERIAL shALL nOT mEAn ThAT ThE COnTEnT Is EnDORsED. WE REsERvE ThE RIghT TO REJECT Any mATERIAL submITTED fOR PubLICATIOn If ThE COnTEnT Is OffEnsIvE OR Runs COnTRARy TO OuR gOALs. LIAbILITy fOR mIsInfORmATIOn In Any ADvERTIsEmEnT Is sOLELy ThAT Of ThE ADvERTIsER, usIn AssumEs ThE ACCuRACy Of ALL ADvERTIsEmEnT, ThEREfORE, WE shALL nOT bE LIAbLE. usIn shALL nOT bE hELD LIAbLE fOR Any ERROR In Any ADvERTIsEmEnT AnD Any LI-
AbILITy WhATsOEvER shALL bE LImITED TO ThE COsT Of sPACE OCCuPIED by ThE ADvERTIsER.
Temporary Protected Status Extended for Hondurans Re-registration Opens Nov. 4, 2011
U.S. Citizenship and Immigration Services sent this bulletin at 11/04/2011 04:35 PM EDT Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.
Current Honduran beneficiaries seeking to extend their TPS status must re-reg-ister during the 60-day re-registration period that runs from Nov. 4, 2001through Jan. 5, 2012. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible when the 60-day re-registration period begins. Applications will not be accepted before Nov. 4, 2011.
Vol.5 No. 69- December 1, 2011 15www.usimmigrationnewspaper.com
Vol. 5 No. 69 - December 1, 201116 www.usimmigrationnewspaper.com
Vol.5 No. 69- December 1, 2011 17www.usimmigrationnewspaper.com
Tel: 347-257-4244
Vol. 5 No. 69 - December 1, 201118 www.usimmigrationnewspaper.com
Vol.5 No. 69- December 1, 2011 19www.usimmigrationnewspaper.com
Mary, the mother of our Lord Jesus’ Christ is someone that every woman needs to emulate in char-acter. This season in the life of everyone, Christians and non-Christians alike is a time when we need to examine our lives and determine again the purpose for our exis-tence. Mary from an early age was focused so much so that her purity activated the power of God in her life. In the gospel of Luke Chapter 1 verse 28, the angel of the Lord visited her and said, “Hail, thou that art highly favored, the Lord is with thee. Blessed art thou among women.” The bible lets us know that Mary did not answer with pride as someone who rates herself as deserving of any special recognition. She was reported as being troubled by the saying. This shows her humility. She was willing to do anything as long as it is the will of God. Every woman should emulate the humility of Mary. Christmas is the season when we
are brought back into the consciousness of the reason for the faith that we have as Christians. That faith is that a savior came whose name is Jesus Christ, who according to the book of Philip-pians chapter 2 verses 8 and 9 received also the highest honor for His humility. It states, “And being found in fashion as a man, he humbled Himself, and being obedient unto death, even the death of the cross, where-fore God also hath highly exalted Him and given Him a name which is above every name…” Both Mary and our Lord Jesus Christ received their assignments with hu-mility. This should catch our attention to consider how we stand in this very im-portant area.Jesus was also re-ported as having gone about ‘doing good’ If He is the reason for this season of Christ-mas, I would think that we should be focused on ‘doing good’ to one and all. He is the Prince of Peace. The world is in search of peace. It can be found by just believ-ing Him and looking up to Him. You know, women are more under pressure as far is this issue of peace is concerned. It is as if we carry the weight of the whole world on our shoulders. I say that doing good
works will lighten that weight. You can begin this Christmas season. Let me tell you about a woman who did good works. Her name is Tabitha which by interpreta-tion is called Dorcas. Acts chapter 9 verse 36 states that, “this woman was full of good works and alms deeds which she did.” This woman became sick and died. The disciples called on Peter to come and help them. When he got there, there were widows weeping, telling of the good works that Dorcas had
done. She was a giver. She gave them clothes and coats. The winter has come with a ven-geance this year. I am sure that each one of us can be a blessing to someone or a group of people. There is no act of love that is too small. The question is - what is your reputa-tion in your family, Church or workplace concerning giving? Tabitha was raised from the dead because of the testimony of her good works. She was given another chance to continue the good works. We all have another chance to rise
up and do good works. Don’t give gifts only to your friends or family members. Look for someone to be a blessing to. It will come back as ‘good measure, pressed down and shaken to-gether’ I have just been speaking straight from my heart which is so full of the things that I would like to do to be a woman who pleases God. Will you join me in this quest to please God? Call me. Together we can do more. Merry Christmas!Grace Eledan is co-
Pastor Leaders Church Intl and the founder of Women Aflame Intl., a friendship network, intercession ministry and charity organiza-tion mentoring and mobilizing women to be high achievers and be more produc-tive in their spheres of influence. She can be reached on (718) 503-2580 or www.womenaf l ame .o rg Also follow us on Face book. Interces-sory line open every Monday night from 9pm-10pm on (712) 432-0800 Access code 330528#.
Reflections at Christmas A peep into a Woman’s Heart
Re. Grace Eledan USI News Columnist
Vol. 5 No. 69 - December 1, 201120 www.usimmigrationnewspaper.com
Crossword
Rules: Fill all empty squares so that the numbers 1 to 9 appear once in each row, column and 3x3 box.
A man named Muldoon lived alone in the Irish countryside with a pet dog he doted on. The dog finally died, and Muldoon went to the parish priest and asked, “Father, the dog is dead. Could ya be sayin’ a mass for the creature?”
Father Patrick replied, “I’m afraid not, we cannot have services for an animal in the church, but there’s a new denomination down the road, and no telling what they believe. Maybe they’ll do somethin’ for the little creature.”
Muldoon said, “I’ll go right away. Do ya think $50,000 is enough to donate for the service?”
Father Patrick exclaimed, “Glory be to God! Why didn’t ya tell me the dog was Catholic?”
St Peter & a Minister A minister dies and is waiting in line at the Pearly Gates. Ahead of him is a guy who’s dressed in sunglasses, a loud shirt, leather jacket, and jeans. Saint Peter addresses this guy, “Who are you, so that I may know whether or not to admit you to the Kingdom of Heaven?” The guy replies, “I’m Joe Cohen, taxi-driver, of Noo Yawk City.”
Saint Peter consults his list. He smiles and says to the taxi-driver “Take this silken robe and golden staff and enter the Kingdom of Heaven.” The taxi-driver goes into Heaven with his robe and staff, and it’s the min-ister’s turn. He stands erect and
booms out, “I am Joseph Snow, pastor of Saint Mary’s for the last forty-three years.”
Saint Peter consults his list. He says to the minister, “Take this cotton robe and wooden staff and enter the Kingdom of Heaven.”
“Just a minute,” says the minis-ter. “That man was a taxi-driver and he gets a silken robe and golden staff. How can this be?”
“Up here, we work by results,” says Saint Peter. “While you preached, people slept; while he drove, people prayed.”
Vol.5 No. 69- December 1, 2011 21www.usimmigrationnewspaper.com
About a year ago, I had an opportunity to listen to the teach-ings of a man of God, Pastor Morakinyo, who taught that Chris-tians need to see them-selves as projects under construction in God’s hands. This is to say that you a building project under construction in God’s hands. No matter what you may be experienc-ing now, God is build-ing you for His habi-tation and when He is done with you, your life will be beautiful and great.As we attempt to un-derstand Psalm 127:1-2, we see that God is the builder and the house God He is building (the church / zion) is through His children (sons and daughters), not slaves. God is looking for true sons and daughters in whom He will dwell.Now exermine your-self to see if you are a legitimate son or daughter that can be used by the Lord Al-mighty in accomplish-ing the goals that bring praise to His name. Notice that there were places Abraham
would not take ser-vants to; He could take servants to war but would only take the son to the altar. Servants would be afraid or at least want somebody to thank, promote and reward them. A servant would rebel if you take him to Mount Moriah (a place of sacrifice), but when Isaac (a son) is placed on the
altar, he will not rebel - because he has re-solved in himself to be forever obedient to his father. Who are you in the household of God? God wants you to be the son and daughter He could boast of. As a son or daughter, you will abide in God’s words all the time and His words will guide your path so that you do not stumble.Further, verses 3 and 4 of Psalm 127 shows that the chil-dren God will use for this end-time building are likened to arrows; Arrows have to be straight, strong and in good shape. Although, we are naturally twisted and crooked (all have sinned and have come short of the glory of God – Rom. 3:23), but God contin-ues to soak His people in the pool of His words, to straigthens us – Ps. 119:11. The word of God is strong enough to straigthen a twisted person. If you are a son or daugher of God who finds that you are able to speak the language of Chris-tianity but cannot walk
the walk, then you are living a crooked life and still under con-struction; but I pray that God will straigth-en you in Jesus name.Not only does the crooked become
straight, he / she also becomes strong by being soaked deeply in the word of God. The Lord said I will strengthen you (Isaiah 41:10). God is looking for children who will
be strong in doing His will and spreading the gospel. Surrender yourself to Him and He will assist you. As a human being, you may be experiencing weaknesses in various
areas, this shows you are still under con-struction. I declare to you however that Jesus bring you strength. He will assist you climb every hill and you will be not be put to shame.
Jesus is ready to forgive you now. Arise from your old ways and shine in Jesus name. Man, do not allow your past to
destroy your future. Jesus loves. Don’t continue in your sin and its guilt.
contd on pg 24
Vol.5 No. 69- December 1, 2011 22www.usimmigrationnewspaper.com
We would rather not talk about it, espe-cially at this time of year when everything is joy and festivities, but we have to. The news of allegations of the cover-up of a pro-longed sexual abuse of children coming from one of this na-tion’s most revered institutions of higher learning has forced us to take pause. We need to look at this issue cautiously. The real concern here is not whether people got fired or whether the prestige of an in-stitution is in jeopardy and its famed football program will lose its rank and multimillion dollar status. The real issue at hand here is that as a society we have become so ob-sessed with keeping up appearances, some for the sake of money and prestige, that we would rather sacri-fice the innocence of children than confront and report predators. This is the reason why no child is safe until we set our priorities straight.
In more ways than one,
many of us who may want to reprimand the officials at Penn State University and the police who were aware of the problem might have acted in the same careless manner. We suspect that some-thing is going on; sometimes we know for a fact that a child is being preyed upon but we turn our backs. The question was asked if perhaps the alleged victims of the former Penn State Univer-sity Coach, Jerry San-dusky, had been boys from wealthy fami-lies, would the reports of his inappropriate behavior been looked at more carefully? Possibly, however, there is no doubt that his having complete access to at-risk boys via the non-profit agency, The Second Mile, definitely gave him a large pool of victims to choose from. Sandusky and his wife adopted 10 children and were foster parents to several others. We shudder at the thought of how far reaching the devastating ten-tacles of abuse, in this particular case, have reached. However, experts confirm that one predator can abuse one hundred or more victims in his or her lifetime. This is perhaps the most dev-astating reality of this perversion. Sexual abusers can’t just stop without professional intervention and rec-
ognition that he or she has a problem and needs help. As long as an abuser tries to justify or minimize his behavior, children are not safe around him or her.
Sexual abuse is ex-tremely harmful because it violates the spirit of its victims by shattering their sense of self. No child is safe in a world where adults because of poli-tics, fame, money, friendship or kinship, are unwilling to stand up and protect them. The cold hard fact is that sexual perver-sions against minors are on a steady rise. Even more so is the accessibility and ano-nymity that the inter-net allows for access to child pornography.
The American Academy of Child
Adolescent Psychia-try reports that about 80,000 child sex-abuse cases are re-ported annually, but many more cases go unreported because children are afraid to tell anyone. Parents usually believe that telling their chil-dren to tell them if someone touches them inappropriate-ly will be enough to safeguard them from predators. The truth is that this many not be enough. Pedophiles are experts at groom-ing children. They give children gifts, make them laugh, buy stuff for them, take them out on trips, they are skilled at making your child feel that they can be trusted. Once they have your child’s confidence, and sometimes even your approval, they attack. Children are no
match for experienced predators. Thy will terrorize your child, threaten to kill them or kill you and even make children believe that the abuse is their fault. Your child is no match for their manip-ulative and predatory skills.
Parents sometimes coach their children to watch out for strang-ers on the streets but child sexual abuse can take place within the family, by a parent, step-parent, sibling or other relatives; or outside the home, for example, by
a
friend, neighbor, child care giver, teacher, minister, or strang-er. When sexual abuse occurs within the family, the child may fear the anger or shame of other family members, or be afraid the family will break up if the secret is told. So what should parents do? Is there any way of protecting our children against sexual predators?Parents need to know their children and watch them carefully. It is not enough to ask your child ques-
Norka Blackman-RichardsUSI News Columnist
No Child Is Safe
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Vol. 5 No. 69 - December 1, 201123 www.usimmigrationnewspaper.com
BROOKLYN
1. Corner of Church & Flat-bush Ave, Brooklyn, NY
2. By Atlantic LIRR train sta-tion on Flatbush, Brooklyn, NY
3. By Subway, Corner of Court Street & Montague St, Brooklyn, NY
4. Front of U.S Post Office on Atlantic btw 3rd & 4th Ave. Downtown, Brooklyn
5. Corner of Fulton St & Nostrand Ave. Brooklyn, NY
6. Front of U.S. Post Office on Flatlands, Carnasie, Brooklyn, NY
7. Corner of Pennsylvania & Atlantic Ave. Brooklyn, NY 8. 380 86th St Bay Ridge ( Front of “R” Train Station) Brooklyn NY
9. Stillwell Ave Coney Island NY ( Front of “F”,“Q”, “D” & “F” Train)
11. Front 480 86th StreetBtw. 4th Ave & 5th AveBrooklyn, NY
1. Front of U.S. Post Office on Linden Blvd, Cambria Heights Queens
2. Front of U.S. Post Office Rochdale Mall, Queens.
3. Corner of Parsons Blvd & Archer, Jamaica Queens.
4. Corner of Archer & Sutphin Blvd, Jamaica, Queens.
5. Front of Citibank on 121-13 Liberty Ave, Rich-mond Hills, Queens
6. Corner of Leffert Blvd & Liberty Ave, Richmond Hill, NY
7. Front of U.S. Post Office on Rockaway Blvd, South Ozone Park, NY
8. 58-17 Junction BLVDLefrak City (Front of US Post Office)
9. 209-20 Jamaica AveQueens Village, NY (Front of US Post Office)
10. 2115 Mott AveFar Rockaway( Front of “A” Train Station)
11. 40-06 Main StreetFlushing, NY(By “7” Train Station)
12. Front of US Post Office 8642 Forest PkwyWoodhaven, NY 11421
13. Front of US Post Office 3925 61st StreetWoodside, NY 11377 14. Front of U.S. Post Office 122-01 Jamaica Avenue Richmond, NY 11418 15. Front of US Post Office 195-04 Linden Blvd Saint Albans, NY 11412
16. Front of US Post Office 120-0715th AvenueCollege Point, NY 11356 17. Front of US Post Office 329 Beach 59th StArverne, NY 11106 18. Front of US Post Office 7523 Main StreetFlushing, NY 11367 19. Front of US Post Office 2950 Union StreetFlushing, NY 11354 20. Front of US Post Office 197-33 Hillside Avenue Hol-lis, NY 11423 21. By F Train, Opp. Queen of Sheba 87-75 Parson Blvd Hillside, NY
22. Front of U.S. Post Office95-07 Linden Blvd St. Albans, NY 23. Front of U.S. Post Office Rochdale Mall Rochdale Village, NY
MANHATTAN1. Front of Duane Reade on Broadway, New York (Closest to 26 Federal Plaza)
2. Front of 291 Broadway by 26 Federal Plaza, New York
3. Front of Nigeria House on 828 2nd Ave, New York, NY
5. Front of 243 Canal StreetBtw. Centre & Lafayette St.(By J, M, Z, N, Q Subway)New York, NY
6. Front of 284 Canal StreetBtw. Broadway, (By J,Z,W Subway) New York, NY
7. Front of 78 8th Avenue, Btw. W. 14th St & Greenwich St, New York, NY
THE BRONX1. By Subway on E.149th St & 3rd Ave, Bronx, NY
2. Front of Supreme Court on Grand Concourse, Bronx, NY
3. By Subway, Corner of E.167th St & Rivers Ave. Bronx, NY
STATENISLAND (NEW)
1. 205 Bay Street, Corner of Victory Blvd Staten Island, NY(Front of Food Stamp Office)
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tions, you need to watch your child’s behavior. A sudden change in behavior is usually a red flag that something different is going on in your child’s life. The child may become withdrawn and mistrustful of adults. Some other behavior symptoms displayed by a child who is been sex-ually abused include: • unusual interest in or and avoidance of all things of a sexual nature • nightmares or problems sleeping• withdrawal from friends or family or depres-sion• becoming seductive • making statements that their bodies are dirty or damaged, or fearing that there is something wrong with them in the genital area • refusing to go to school or showing fear, apprehension or distress at having to be with a certain person• delinquency, behavioral problems • secretiveness, unusual aggression or suicidal thoughts or behavior
It is said that a child will have to repeat his or her story of sexual abuse seven times before it is believed and reported or acted upon by adults. When a child first tells an adult that he or she
has been sexually abused, many adults may feel uncomfortable and may not know what to say or do. Here are some ideas as to what you can say and what you can do:
What to Say --- If a child even hints in a vague way that sexual abuse has occurred, encourage him or her to talk freely. Don’t make judgmental comments. Show that you understand and take seriously what the child is saying. Child and adolescent psychiatrists have found that children who are listened to and understood do much better than those who are not. The response to the disclosure of sexual abuse is critical to the child’s ability to resolve and heal the trauma of sexual abuse. Assure the child that they did the right thing in telling. Tell the child that he or she is not to blame for the sexual abuse. Offer the child protection, and promise that you will promptly take steps to see that the abuse stops.
What to Do ------ Report any suspicion of child abuse. If the abuse is within the family, report it to the local Child Protection Agency. If the abuse is outside of the family, report it to the police. Individuals reporting in good faith are immune from prosecution. Parents should consult with
their pediatrician or family physician, who may refer them to a physician who specializes in evaluating and treating sexual abuse. The exam-ining doctor will evaluate the child’s condition and treat any physical problem related to the abuse, gather evidence to help protect the child, and reassure the child that he or she is all right.
As we celebrate Christmas with our loved ones, let us remember that protecting our children, by any means necessary, should always be a prior-ity.
Vol. 5 No. 69 - December 1, 201124 www.usimmigrationnewspaper.com
New Update: How to Turn Pending Immigration Appeal to Green Card
One final thing a hunter wants to be sure of is that his arrow is shap-pened. Are you in shape, keeping yourself fit in Christ as you await His return? God wants to shape you to the image of His Son Jesus Christ (Rom. 8:29). God has known you and is building you up to be like Jesus. Do not place yourself beyond correction, because anyone who hates correction will be de-stroyed (Prov. 15:10). When God is correcting you, He is shaping you. Rom. 5:1-5 says, “… knowing that tribulation worketh patience; and patience, experience; and experi-ence, hope: and hope maketh not ashamed; …”Arrows need to be straight, strong and well shappened if they are to work well at hitting targets. God wants you to hit targets in your life. He wants you to live a fruitful life here on earth and gain His eternal kingdom. As the year runs to an end, I enjoin you to surrender totally to God; repent of all wrong doing and be converted in order to experience times of refreshing (Acts 3:19). You are the arrow in God’s hands, keep on winning and let God con-
tinue to be proud of you. Remem-ber, as He is building you up, your life will finish straight, strong and shappened.I am Pastor Abraham Obadare, a minister of the gospel at Christ Ap-ostolic Church of America, Inc. You are welcome to worship with us at 108-02 Sutphin Blvd., Jamaica, NY 11435. You may also keep with us on 24 hours internet radio at www.eagernessofgod.org Our website address is www.wosem.org where you can demand videos for your enrichment, watch our live stream-ing or read past messages / articles.For Our TV programs show:Queens: QPTV 34 on Wednesdays at 2pm & Fridays at 5:30pmBrooklyn: BCAT 35/98 at 8:30 on 2nd & 4th SundaysLong Island: CABLEVISION 115 on Sunday 7am Worldwide: LifezoneTV – www.lifezonetv.com/index.html on Monday @ 6:30pm & Thursday @ 5:30pm
contd from pg 21
About a year ago, I wrote an article high-lighting court conges-tion problems in New York Immigration Courts. The conges-tion now is so severe that some Judges are now scheduling final hearing for the year 2015. The average ad-journment for individ-ual calendar hearing otherwise known as the final hearing across board is 2014.
The good part of this is that immigrants with very weak cases will have enough time for a new government to be inaugurated on January 20, 2013, in case President Obama refuses to help. Also if there is a change of law at anytime such immi-grants could have the opportunity to change their strategy down the line.
The downside of this
long adjournment is that some immigrants with very good cases now could end up being deported at the end of the day if their current situation changes. For example an immigrant who is married to a U.S. Citizen now could be divorced before the final hearing. Some immigrants from coun-tries ruled by dicta-tors and are eligible to obtain asylum could face positive changes in their country condi-tions that could make asylum impossible. There is a legal maxim that says “delay defeats equity”. This long delay could become detrimental to the outcome of cases cur-rently before the court.
This same trend has crept into the appeal process. A typical appeal to the Board of Immigration Appeals now takes an average
of about three years to be completed. Some appeals were filed based on Stokes in-terview denials, but before the appeal could be determined the mar-riages collapsed and ended up in divorce. These are the conse-quences of a system that is broken.
If you are married to a U.S. citizen and you applied for adjustment of status, you might need to read this article. If your case was denied at the Stokes interview level and you currently have a pending appeal, this strategy might work for you. At the moment, I have cases before the Board of Immigration Appeals that have been pending for about three years. If your marriage is still together, your attor-ney might want to ap-proach the Department of Homeland Secu-
rity, District Counsel’s office and request in the exercise of dis-cretion that you and your spouse be given another opportunity to attend another inter-view in exchange for the withdrawal of your appeal to save time.
This approach might be very effective for immigrants who per-formed woefully at the Stokes interview and know that the result of the appeal will not be good anyway. This might give you another bite at the apple.
Another strategy which recently worked for me is to file the petition all over again. Some offi-cers will not adjudicate the case because of the appeal, but some will do and if successful, grant your permanent resident status particu-larly if your marriage is now over 2years and
you are still married to the same spouse.
I also noticed that many immigrants with pending appeals were served with the Notice to Appear before the court for removal pro-ceedings while await-ing the outcome of the appeal. If you are in this position, you could use the pending appeal to further delay the case or ask the Judge and the Department of Homeland Security at-torney for the opportu-nity to file another pe-tition for alien relative and be sent to another Stokes interview.
It is always advisable to file an appeal within 30days in order for you not to foreclose your right of appeal.
To all immigrants: If you are served with a notice to appear before the court, please do not
panic. Make sure you attend all court sched-uled appointments. You stand a better chance of getting something when you go to court than when you fail to show up. If you fail to attend the court, you will be deported in ab-sentia. This is the worst thing that could happen to any immigrant.
If you have been served with Notice to Appear before the court or if you need any legal advice, please feel free to contact Attorney Joseph Famuyide im-mediately at 718-647-6767. This article is for your information only.
USI News.
Vol.5 No. 69- December 1, 2011 25www.usimmigrationnewspaper.com
T H E E X P L O I T AT I O N B Y B R I T I S H A I R W AY S A N D O T H E R A I R L I N E S O N N I G E R I A N R O U T E .
T H E L AT E P R E S I D E N T O F G A B O N F U N D E D S A R K O Z Y C A M P A I G N .
In the aviation industry in Nigeria, it is common knowl-edge that foreign airlines always foist arbitrary fares on Nigerians. They know Nigeri-ans travel a lot and generally do not question fares they are asked to pay. This informs the relatively high fares they are made to pay for international travels, which many consider highest in the world. This is the main reason big airlines try to outwit one another in the Nigerian market.Even within the sub-region, passengers from Nigeria pay high fares to other parts of the world. For instance, where it costs a Nigerian $9846.19 to buy British Airways first class return ticket to London Heath-row, a distance of 5001km from Lagos, for a flight not
more than five hours 55mins, his counterpart in Ghana pays as low as $4,904.14 for a similar ticket for a flight that is an hour more, and a longer journey of 5096.79km.It is the same situation with other foreign airlines flying into the country. Virgin Atlan-tic Airways’ fare in its Upper Class, highest in the airline is #821,000 on the Lagos-Lon-don-Lagos route, while the same ticket for Accra-London-Accra is #385,000. For Lufthansa Air-lines, its First Class ticket for Lagos –Frank-furt-Lagos is #798,559.30, while Accra-Frankfurt- Accra for the same ticket is #451,040.30. In the same vein, while KLM
charges #638,365.30 for its highest class on the Lagos-Amsterdam-Lagos route, same ticket sells for #485,761 on Accra-Amsterdam-Accra. Many wonder how the airlines arrive at the fares they charge. Consequently, Nigerian travelers in the country have always cried foul over what they perceive as exploitative by foreign airlines, but the Federal Government now appears to be saying enough is enough. Beyond the issue of fare is the general poor service that is the hallmark of treatment meted out to Nige-rian travelers.
Gabon’s late president, Omar Bongo funded Nicolas Sarkozy’s 2007 presidential cam-paign, a former official said, in a book to be pub-lished in France. Mike Jocktane, who was a close aid to Bongo from 2005 and chief of staff in his office from 2009, confirmed claims that the former strongman sent briefcases stuffed with millions in cash to French politicians. He added that the practice con-tinued after Sarkozy’s election.“Omar Bongo helped finance Nicolas Sar-kozy’s 2007 presidential campaign,” Jock-tane told writers, Xavier Harel and Thomas Hofnung, whose book “The Scandal of the ill-gotten Gains” will be published in Paris very soon.When contacted by AFP, a global news agency, Sarkozy’s office refused to comment.“When a French politician comes to Gabon,
we say “He’s come for his briefcase.” The late president Bongo was very generous with French leaders,” Jocktane said, according to the book.Robert Bourgi, a notorious bag man for France’s interests in its former African col-onies, said that he had brought Sarkozy’s prede-cessor Jacques Chirac millions of dollars in cash from African dictators. Olakunle O. Bolrarinwa,Is a Nightline Family Member Of The Voice Of America {VOA}.E-mail: [email protected]
Vol. 5 No. 69 - December 1, 201126 www.usimmigrationnewspaper.com
The atmosphere is already charged by the spirit of Christmas via the exciting scarlet color greeting cards, Christmas lightings, road and street marks, the Santa, green trees and special flowers – all accompany the traditional feelings and spirit of Christ-mas. Busy shops and crazy buying and selling mark this time of the year that in-variably keeps most people in good spirit. Last Christmas, a guy entered a Star Bucks coffee shop in Man-hattan and asked if anyone needed any-thing paid for in the loving spirit of Christ-mas. Well, he got many fingers raised and he paid it all off with his credit card and screamed, “Merry Christmas.”Christmas is gift coded. Nearly every employee expects some kind of “thank you parcel or check from employers. Sometimes I wonder how private employ-ers cope with such unconditional demand that ought not to be mandatory. Christmas puts folks on edge to give gifts; they might give at most incon-
venient costs. Family heads for instance, are expected to give ev-erybody in the family something tangible and probably expen-sive. Some Christmas gift receivers prefer checks to other offers. Americans have reached a point in sophistication where gift receivers say what they want. Meanwhile all dictionary connota-tions of gifts leave the giver the privilege of choosing what to give. But now that privilege is gradually being compromised, and the receiver determines what to expect. Gifts are gradually shifting from being spontane-ous surprises to pre-determined items or cash. In our capitalist world, money is the denominator. It deter-mines how we treat each other and are in turn treated by others. All over the world, people who have less money or have none at all get low and uncar-ing treatment.Above all, Christmas is a time marker and solemn reminder of nothingness of time and life itself. Every-body alive adds one more year to his or her numbered days of life. December chimes in the end of year which pushes us closer to our demise as bio de-gradable beings living each day on the grace of God without even realizing it. Christ-mas gives us reason to count our days with grateful hearts of wisdom. No matter
our sin or struggles, God let us see another end of a year. We get older, wiser, and must also get nicer. If you ask me I would say that December is the month of sober reflec-tions for men on earth. It portends nearness of imminent end to every flesh. “Our years are seventy or eighty” wrote Prophet Moses “and is filled with hurtfulness.” Even with the best of health care man remains vul-
nerable to sickness and death.So we all have Decem-ber as another month when the reality of the fading nature of mortal man shows on the calendar. The date counting varies a little from major religions but the difference in gap is not significant. Christians use the Gre-gorian calendar that recognizes December as the end of the year. The Orientals and the Jews have their own
respective counting using lunar referenc-es. One thing that a world religion recog-nizes is the humanistic nature of Christ teach-ings. “By what shall a man’s greatness be judged….by his military prowess…?” asked the book: “The Greatest man who ever lived” The book answers; “ By what he taught and the way he lived by what he taught….for this Jesus is the greatest
man who ever lived” Of Jesus Christ, great Mahatma Gandhi wrote “ If the world would live by the principle taught in the sermon on the mount, there will never be any problem between my country (India) and yours (to a Eu-ropean president)….. Remember at the birth of Christ, the angel declared “peace on earth to men of good will”!!!
Chinyere OjideCorrespondent
So we all have December as another month when the reality of the fading nature of mortal man shows on the calendar. The date counting varies a little from major religions but the difference in gap is not significant. The Christians uses the Gregorian Calendar
that recognizes December as the end of the year.
Christmas Reflections
Vol.5 No. 69- December 1, 2011 27www.usimmigrationnewspaper.com
It appears now that we are near-ing the implementation of the Department of Homeland Secu-
rity June 17, 2011 Memorandum regarding the exercise of prosecu-torial discretion.
At least in the pilot locations, Im-migration Judges are sending out letters rescheduling cases current-ly being reviewed with the hope that the Department of Homeland Security will seek the termina-tion of such cases in the exercise of prosecutorial discretion. A one page letter is being sent from Bal-timore, MD and Denver immigra-tion courts to affected immigrants.
This is good news that could bring some temporary relief to any im-migrant whose case is terminated. Such an immigrant will be granted a relief called deferred adjudication which will allow the immigrant to apply for employment authoriza-tion card renewable every year until the Department of Homeland
Security decides to reinstate the case.
I must warn that this project is not being implemented nationwide yet. All immigrants before the court in New York must ensure that their cases remain open pending the time the program will be implemented nationwide. Let me advise all im-migrants, do everything possible to keep your case open. Do not apply for voluntary departure especially when you know that you are not going to leave the U.S. Voluntary departure carries 10years penalty if you fail to depart.
Hopefully, this opportunity will become available in New York by early next year, but in the interim, keep reading U.S. Immigration News for possible update. This is good news.
This article is for your informa-tion only; it is not a legal advice and should not be substituted for
a legal counsel that could only be obtained from an attorney after evaluating your case. If you have any question, please feel free to contact Attorney Famuyide at 718-647-6767 or send email to [email protected].
USI News
187-08 Linden Blvd St. Albans NY 11412
Immigration Cases Being Postponed in Baltimore For Possible Exercise of Prosecutorial Discretion
Vol. 5 No. 69 - December 1, 201128 www.usimmigrationnewspaper.com
Dear Famuyide:
I am one of the immigrants that bought your book on immi-gration while I was preparing for my interview in Houston.
The book was highly instructive and it didhelp me but my application was denied because the officer thought it is an arranged marriage. Anyway, I moved on and relocated to Europe last year. But if I want to re-enter the U.S. in the future what do I do. I am waiting for your reply.
You did not provide enough information about what hap-pened at your interview. It appears that you have just deport-ed yourself. If your conclusion that the examiner wrote that your marriage was fraudulent is true, the law provides that no future petition can be approved for your benefits. Specifically, Section 204(c) Immigration & Nationality Act provides that
“Notwithstanding the provisions of subsection (b) no petition shall be approved if (1) the alien has previously been accorded, or has sought to be accorded, an im-mediate relative or preference status as the spouse of a citizen of the United States or the spouse of an alien lawfully admitted for permanent residence, by reason of a marriage determined by the Attorney General (now DHS) to have been entered into for the purpose of evading the immigration laws.” These are technical issues that could be raised to circumvent the provision of this law, but you will need to consult with an attorney in future when you are ready to return to the U.S. and that will be after at least 10years.
Hello my name is T. I have a question in regards to filing a lawful permanent resi-dent petition. I am a U.S citizen who wants to file for my grandmother. She has been
living in the U.S for over 10 years and came on a visa and hasn’t received her green card yet. I will like to know if it is possible for me to file for her since I am a U.S citizen. My mother is a lawful permanent resident in the U.S with her green card but she doesn’t know if she can file for her since she isn’t a U.S citizen. My father is my grandmother’s son-in-law and he is a U.S citizen. Can either parent or myself file for my grandmother? What can we do at this moment to help my grandmother become a permanent resident? Thank you for your time and consideration.
Thanks for your mail and concern for your grandmother.
Unfortunately, you cannot petition for your grandmother to obtain permanent resident status. The only person out of the
three of you who could help your grandmother’s immigration status is your mother. I will advise that you encourage your mother to apply to become a U.S. citizen to enable her become eligible to file for her mother. There are other hurdles to cross especially since you grandmother has been out of sta-tus for a long time, but it is okay to take things step by step. Please consult with an attorney once your mother becomes a U.S. citizen before filing any petition with U.S. Citizenship & Immigration Services. According to immi-gration law, if you are a U.S. citizen, you may file for your husband or wife, your unmarried child under age 21, your unmarried son or daughter age 21 or older, your married son or daughter of any age, your brother(s) or sister(s) (you must be age 21 or older), your mother or father (you must be age 21 or older), but you cannot file for a grandparent, grandchild, nephew, niece, uncle, aunt, cousin or in-law.
Frequently asked Questions
You Cannot Petition for your Grandmother
My husband and I are interested in getting information on filing for his green card. I am a Native American and he is from Trinidad and we live in
South Dakota and we would like to start the process, but don’t know where to start. We were wondering if it would be easier if I file for him instead of him filing on his own. We don’t know where to start. We appre-ciate any information you can give us. Thanks.
I am wondering where you got U.S. Immigration Newspaper since we are yet to add South Dakota to our distribution list. I know some of our readers do send copies of the newspaper to their friends and
families in other States in the U.S. that we are yet to reach. As per your question, you are the one that could file for your husband. The process is not cumbersome. You will need the services of an immigration attor-ney to file all the documents. The recent rule being followed by the U.S. Citizenship & Immigration Service is that if your file is incomplete at the interview, your case will be denied. An attorney knows all the documents that you will need to include with your application, please retain an at-torney that will speed up the process.
You Definitely Need a Lawyer
Dear Mr. Famuyide: I am a reader who has a very impor-tant question being that I am in Ohio;
I am unable to come to you personally. Please keep up the good work for the immigrant community. In 1997, I was stopped by customs at JFK, and steroids were seized from me. Three months later I received a letter from them saying I will have to pay a fine. Since then I never heard anything from them. Now I am filing out my citizen ap-plication, and one question asks if I ever smuggle controlled substances into the U.S. I don’t know how to answer this question. Should I write a letter inform-ing them of this or should I just respond in the negative. I was never convicted of any crime, never heard from them again and neither did I pay the fine. I was looking for my date in court, but it never came, it seems they never pursued it. Now the statue of limitation has run out. Can someone be deported even if they were never convicted of an offense? Your answer will be greatly appreciated and keep fighting for the community. ThanksA reader
Dear Reader:
You will need to seek the assistance of an attorney to get to the bottom of this matter. A steroid is a controlled sub-
stance and being caught with it could attract jail term. Unfortunately, you did not disclose enough information for me address the issues raised. To become a citizen, an applicant must be a person of good moral character. According to you, you were asked to pay a fine, but you did not pay. That alone disqualifies you. Furthermore, you could have an open warrant as I write. It appears that this matter could be in your way of becoming a citizen. Take all the documents relating to this matter to a criminal attorney to get accurate legal advice on how to clear the matter from your record. The immigration law provides that if you sold or smuggled controlled substances, illegal drugs or narcotics, if you have been arrested, cited or detained by any law enforcement officer (including USCIS or former INS and military officers) for any reason or if you have been charged with committing any crime or offense, you are not a person of good moral character, therefore, you could be disqualified for at least 5years.
You Could Be Disqualified from becoming a Citizen
You have Deported Yourself for Life
Vol.5 No. 69- December 1, 2011 29www.usimmigrationnewspaper.com
Matter of Francisco HERRERA DEL ORDEN, Respondent
Matter of Paula CRUZ DE ORTIZ, Respondent
Decided September 20, 2011U.S. Department of Justice
Executive Office for Immigration ReviewBoard of Immigration Appeals
Eric HolderU.S Attorney General
(1) When an alien in removal proceedings seeks “review” of the Department of Home-landSecurity’s (“DHS”) denial of a waiver under section 216(c)(4) of the Immigration andNationality Act, 8 U.S.C. § 1186a(c)(4) (2006), of the require-ment to file a joint pe-titionto remove the condi-tional basis of lawful permanent resident status, he or she mayintroduce, and the Immigration Judge should consider, any relevant evidence withoutregard to whether it was previously sub-mitted or considered in proceedings before theDHS.(2) The scope of the review authority pro-vided in 8 C.F.R. § 1216.5(f) (2011) iscoterminous with the Immigration Judge’s ordinary powers and duties in removalproceedings.FOR RESPONDENT: Adalicia C. Santaella, Esquire, San Juan, Puerto RicoFOR THE DEPART-MENT OF HOME-LAND SECURITY: Magdalena Ramos Romey,Assistant Chief CounselBEFORE: Board Panel: COLE, PAULEY, and W E N D T L A N D , Board Members.W E N D T L A N D , Board Member:
In a decision dated June 11, 2008, an Im-migration Judge re-viewed theDepartment of Home-land Security’s (“DHS”) denial of the respondent’sapplication under section 216(c)(4)(B) of the Immigration and Nationality Act,8 U.S.C. § 1186a(c)
(4)(B) (2006), for a discretionary waiver of therequirement to file a joint Petition to Remove the Condi-tions on Residence(Form I-751) pursuant to 8 C.F.R. § 1216.5(f) (2011). The Immigra-tion Judgeconfined her review to the evidence that the respondent had previ-ouslypresented to the DHS in support of the waiver request, before removalproceedings had com-menced. The Immi-gration Judge deter-mined on the basisof this evidence that the DHS had properly denied the respon-dent’s petitionand waiver request as abandoned. She
issued an order grant-ing the respondentvoluntary departure, with an alternative order of removal.On appeal, the respon-dent argues that the Immigration Judge should haveadmitted the new evi-dence that he present-ed in support of his request fora section 216(c)(4) waiver. To the extent that this evidence was otherwiserelevant and proba-tive, we agree that the Immigration Judge should haveadmitted and consid-ered it without regard to whether it was pre-viouslysubmitted or consid-ered in the proceed-ings before the DHS. Accordingly, therespondent’s appeal
will be sustained, and the record will be re-manded to theImmigration Judge for further proceedings.I. FACTUAL AND P R O C E D U R A L HISTORYThe respondent became a conditional lawful permanent res-ident throughmarriage to a United States citizen. He sub-sequently filed a peti-tion to removethe conditional basis of his lawful perma-nent resident status with the U.S.Citizenship and Im-migration Services, an agency within the DHS. However,because the marriage had already ended in divorce, the respon-dent was unableto meet the require-ments for a joint peti-
tion under section 216 of the Act.Consequently, in con-junction with the pe-tition, the respondent requesteda waiver of the general joint filing require-ment under section 216(c)(4)(B)of the Act, claiming that he had entered into the now-termi-
nated m a r -riagei n g o o d faith.T h e D H S s e n t t h e r e -spon-dent a
Notice of Action (Form I-797) request-ingadditional evidence documenting (1) the bona fides of the mar-riage and (2) thelawful dissolution of the marriage. To that point, the respondent had onlysubmitted a photo-copy of the front side of his conditional lawful permanentresident card. However, the respon-dent did not submit any additional evi-dencein response to the request, and as a result, the DHS denied the petition andwaiver request as abandoned. These removal proceedings were subsequentlyinitiated with the is-
suance of a Notice to Appear (Form I-862) chargingthat the respondent is removable under section 237(a)(1)(D)(i) of the Act,8 U.S.C. § 1227(a)(1)(D)(i) (2006), based on the termination of his conditionalpermanent resident status.The respondent con-ceded that he is re-movable as charged and soughtto renew the section 216(c)(4)(B) waiver request, contending that it shouldbe adjudicated on a record to be created during the hearing. However, theImmigration Judge concluded that 8 C.F.R. § 1216.5(f), the regulationallowing an alien to seek “review” in removal proceedings of the DHS’s denialof a section 216(c)(4) waiver request, limited her inquiry to “whether or notthe [DHS] acted correctly”—i.e., an appellate-style review for error.1The respondent was seeking to present certain evidence that he had notpreviously submitted during the proceed-ings before the DHS, includinga divorce certificate and testimony by the respondent’s former spouse. But theImmigration Judge reasoned that if she received evidence that had not been
to be contd...
Vol. 5 No. 69 - December 1, 201130 www.usimmigrationnewspaper.com
Breaking News:New Strategy for Eligibility For Cancellation of Removal
Let me begin by wishing all the faith-ful readers of U.S. Immigration News Merry Christmas and a Happy New Year. May the year 2012 bring joy and fulfillment into your life in Jesus name, Amen.
It will not be an over-statement to say that President Obama failed the immigrant community in 2011. There was a complete drought of any new immigration relief or benefit throughout the year. The only attempt made to grant some immigrants band aid relief of employment authorization through the Department of Homeland Security memorandum issued on June 17, 2011 is yet to have any impact. The failure of this ad-ministration in the area of immigration has left some immigrants scrambling for sur-vival.
In view of the forego-ing, the U.S. Immigra-tion News throughout year 2011 concentrat-ed on pointing out to immigrants, loopholes in the current immi-gration systems, any new interpretation of current immigration laws that could lead to benefits and we also suggested some radical steps that could be explored for immi-gration relief.
In the last few years, the U.S. Citizenship & Immigration Ser-vices field officers have had the authority to issue immigration court charging docu-ment called “Notice to Appear”. Subse-quently, these officers have taken it upon
themselves to issue the immigration court charge document, “Notice to Appear” to any immigrant denied adjustment of status. Ordinarily, such denied cases and files are meant to be trans-ferred to immigration attorneys with the DHS litigation depart-ment for the issuance of “Notice to Appear” if deemed necessary. Having field officers hijack this responsibil-ity is detrimental to the outcome of any of the cases involving immi-grants.
Some of these im-migrants ended up before immigration courts shortly before the 10th year anni-versary of their entry into the United States. These are the same set of immigrants who would have qualified for the immigration relief, “Cancellation of Removal” if they had remained for over 10years in the United States at the time of the issuance of the Notice to Appear. This article is to help get around this problem.
Cancellation of removal is an immigra-tion relief that is avail-able to immigrants who are before the im-migration court. There are two types of can-cellation of removal. One is available to im-migrants who are per-manent resident aliens who found themselves before the immigration court for revocation of their status because of criminal convictions. The other type of can-cellation of removal is available to immi-grants without any legal status.
The requirements for cancellation of removal, pursuant to Section 240A (b) of the Immigration and Nationality Act (INA), are as follows;A. 1. Prior to the service of the Notice to Appear, you have maintained continu-ous physical presence in the United States for ten (10) years or more, and you have been a person of good moral character as defined in section 101(f) of the INA during such period;2. You have not been convicted of an offense covered under sections 212(a)(2), 237(a)(2), or 237(a)(3) of the INA; and3. Your removal would result in exceptional and extremely unusual hardship to your United States citizen or lawful permanent resi-dent spouse, parent, or child, and you are de-serving of a favorable exercise of discretion on your application.ORB. 1. You have been battered or subjected to extreme cruelty in the United States by your United States citizen or lawful permanent resident spouse or parent, or you are the parent of a child of a United States citizen or lawful permanent resident and the child has been battered or subjected to extreme cruelty in the United States by such citizen or lawful permanent resident parent;2. Prior to the service of the Notice to Appear, you have maintained continu-ous physical presence in the United States for three (3) years or more and you have been a person of good moral
character as defined in section 101(f) of the INA during such period;3. You are not inadmis-sible under sections 212(a)(2) or 212(a)(3) of the INA, you are not deportable under section 237(a)(1)(G) or sections 237(a)(2)-(4) of the INA, and you have not been convicted of an aggra-vated felony as defined under the INA;4. a). Your removal would result in extreme hardship to you or your child who is the child of a United States citizen or lawful permanent resident; orb. You are a child whose removal would result in extreme hard-ship to you or your parent; and5. You are deserving of a favorable exercise of discretion on your ap-plication.Note: If you have served on active duty in the Armed Forces of the United States for at least 24 months, you do not have to meet the requirements of continuous physical
presence in the United States. You must, however, have been in the United States when you entered the Armed Forces. If you are no longer in the Armed Forces, you must have been separated under honorable conditions. Courtesy: EOIR Form.
Many immigrants are thrown before the Judge shortly before their 10th year anni-versary in the U.S. As a result, even though they meet the remain-ing requirements, they are disqualified for lack of 10years con-tinuous physical resi-dence in the U.S.
If you are one of such immigrants, the new DHS exercise of pros-ecutorial discretion Memo might help you. All you need to do is to consult with a quali-fied immigration at-torney for assistance. Under the memo, the Department of Homeland Security is allowed to terminate a Notice to Appear with an old date and reissue
another one with a new charge and a new date.
Your attorney will calculate the date and delay your case until you have accumulated the 10years. At that time your attorney will file a motion with the Department of Home-land Security under the prosecutorial dis-cretion memo request-ing for the termination of the notice to appear and reissue of same with a new date.
This strategy will give many immigrants access to relief. If you are granted cancella-tion of removal by the court, you will be eli-gible to obtain a green card after a year.
This article is for your information only; it is not a legal advice. If you need any further clarification or if you have any ques-tion, please feel free to contact Attorney Famuyide at 718-647-6767 or send email to [email protected].
Vol.5 No. 69- December 1, 2011 31www.usimmigrationnewspaper.com
.S. Citizenship and Immigra-tion Services sent this bulletin at 11/04/2011 04:39 PM EDT Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, begin-ning Jan. 6, 2012, and ending July 5, 2013.
Current Nicaraguan TPS benefi-ciaries seeking to extend their TPS
status must re-register during the 60-day re-registration period that runs from Nov. 4, 2011, through Jan. 5, 2012. U.S. Citizenship and Immigration Services (USCIS) en-courages beneficiaries to register as soon as possible when the 60-day re-registration period begins. Ap-plications will not be accepted before Nov. 4, 2011.
Tel: 347-257-4244
Temporary Protected Status Extended for Nicaraguans Re-registration Opens
Nov. 4, 2011
Vol. 5 No. 69 - December 1, 201132 www.usimmigrationnewspaper.com
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