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Surviving the Economy: Change Your Attitude pg 22 71- February 1, 2012

What a way to end year 2011! The frustration of an immigrant who has lived in the United States hiding from the deportation claws of the Department of Homeland Security for about 20years has finally come to an end. Thanks to Attorney Famuyide who finally succeeded in overcoming a major hurdle by reopening

Attorney Famuyide Reopens 20 year Old Deportation Case to Obtain Green Card for Immigrant

Cont on Pg 4

Vol. 5 No. 71 February 1, 2012 - - - SUBSCRIPTION $1 PER ISSUE - NEWSSTAND FREE


Newt Gingrich Presidential Candidate

Mitt Romney Presidential Candidate

How to Dodge DHS Bullet Through S. 212(h) Relief pg24
pg 24

New Provisional Waiver Gives EWIs Pathway to Green Cards

pg 6

Breaking News!!! USCIS Proposes New Rule to Give Green Cards to Millions of Illegal Aliens

pg 13

Obtain Permanent Resident Status Through Marriage in 3months

pg 9 pg 31

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Vol. 5 No. 71 - February 1, 2012

Vol.5 No. 71- February 1, 2012

Visa Bulletin For February 2012

1. This bulletin summarizes the availability of immigrant numbers during February. Consular officers are required to report to the Department of State documentarily 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 priority dates, for demand received by January 6th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants 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 petition in

Washington, D.C.
behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants 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:

Hillary Clinton U.S. Secretary of State

Family-Sponsored Preference

category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2012 program ends as of September 30, 2012. DV visas may not be issued to DV-2012 applicants after that date. Simi-

larly, spouses and children accompanying or following to join DV-2012 principals are only entitled to derivative DV status until September 30, 2012. DV visa availability through the very end of FY-2012 cannot be taken for granted. Numbers could be exhausted prior to September 30.

Employment-Based Preference
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 Permanent Residents: 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.) 5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

Diversity Immigrant (DV) Category

First: Priority Workers: 28.6% of the worldwide employmentbased preference level, plus any numbers not required for fourth and fifth preferences. Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional 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 Immigrants: 7.1% of the worldwide 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-unemployment 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 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.) 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. 105139, provides that once the Employment Third Preference Other

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities 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-allocated diversity visas will be made available 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 February, immigrant numbers in the DV category are available to qualified 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 the specified allocation cut-off number: Entitlement to immigrant status in the DV

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. 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 information on cut-off dates for the following month.

*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 Preference 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.

*NOTE: For February, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08MAY09. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08MAY09 and earlier than 08JUN09. (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.)

Vol. 5 No. 71 - February 1, 2012

Attorney Famuyide Reopens 20 year Old Deportation Case to Obtain Green Card for Immigrant
card. She started to work and also enrolled in school. It was this much needed momentary relief that ended up as a huge nightmare later. In the early 1990s, every immigrant who arrived in the United States was tempted to apply for asylum because of the ease of obtaining employment authorization card. On or about 1996, the law was changed and asylum became unattractive since the issuance of employment authorization card within 150days of filing suddenly stopped. Many immigrants with pending asylum cases were denied and they were all ordered deported. The immigrant in this case was one of those whose asylum application was denied. Many of her contemporaries whose cases were denied but refused to leave were caught by the U.S. Immigration & Customs Enforcement agents and were deported to their home countries. This immigrant has remained in hiding for these many years with the hope that someday, the law will change or luck will smile at her. Of a truth, her wishes have been granted. On or about December 2000, President Clinton gave the immigrant a parting gift called the LIFE Act. Under the law, there was a portion called Section 245(i) relief. This section allowed immigrants who entered the United States before December 21, 2000 and had a petition filed for them before April 30, 2001 to adjust their status in the United States by paying a fine of $1000 as penalty for overstaying their allotted time or for coming into the United States without inspection. On or about April 2001, this immigrants sister filed a petition for alien relative for her. There was the need to wait for 10years for her priority date to be current under the fourth preference category of family based petition. Her deportation could make matters worse. She continued to maintain a low profile.

Joseph R. Famuyide, Esq.

What a way to end year 2011! The frustration of an immigrant who has lived in the United States hiding from the deportation claws of the Department of Homeland Security for about 20years has finally come to an end. Thanks to Attorney Famuyide who finally succeeded in overcoming a major hurdle by reopening and terminating the case of this immigrant. It all started over 20years ago when this immigrant arrived in the United States in search of greener pasture. As was the trend and because of the need to obtain employment authorization card to work, this immigrant was persuaded by friends and notarios in vogue at the time to apply for asylum and withholding of removal. She was promised employment authorization card and possibly permanent resident status. Shortly after the application was filed, she was issued employment authorization

by December 2011, the most difficult Many immigrants out hurdle that will lead to of ignorance assume the achievement of the that the record of these goal had been crossed deportations would no thanks to the June 17, longer be available, so 2011 Department of they pursued adjust- Homeland Security ment of status in the Memo which made One major obstacle United States without room for the exercise to her adjustment of disclosing that they of favorable prosecustatus in the United were ordered deported torial discretion. States was a final at some point in the Famuyide order of deportation time past. Such people Attorney entered against her in created complications applied under this new the 1990s. Without in their own cases. rule using a hybrid of reopening and ter- They were caught and the old existing proceminating the case, charged with immigra- dure and the required she cannot adjust her tion fraud in addition procedure under this status in the United to the problem of the new Memo to scale States. To date, there final order of removal. the hurdle. This immigrant is now on the are many immigrants Famuy- pathway to obtaining in the United States Attorney ide was retained to her permanent resident with clear pathways to permanent resident handle this case and status in a few months status through mar- help this immigrant once her priority date riage, approved em- to obtain her perma- is current through her ployment based peti- nent resident status in sisters petition. Her tion, who cannot adjust the United States. The asylum case was retheir status because of journey started in the opened and terminated old deportation cases summer of 2011 and to clear the way for her

against them.

adjustment of status. According to the June 17, 2011, .prosecutorial discretion is the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particular individual. ICE, like any other law enforcement agency, has prosecutorial discretion and may exercise it in the ordinary course of enforcement. When ICE favorably exercises prosecutorial discretion, it essentially decides not to assert the full scope of the enforcement authority available to the agency in a given case. In the civil immigration enforcement context, the term prosecutorial discretion applies to a broad range of discretionary enforcement

contd on pg 5

Vol.5 No. 71- February 1, 2012

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contd from pg 4 decisions, including but not limited to the following: deciding to issue or cancel a notice of detainer; deciding to issue, reissue, serve, file, or cancel a Notice to Appear (NTA); focusing enforcement resources on particular administrative violations or conduct; deciding whom to stop, question, or arrest for an administrative violation; deciding whom to detain or to release on bond, supervision, personal recognizance, or other condition; seeking expedited removal or other forms of removal by means other than a formal removal proceeding in immigration court; settling or dismissing a proceeding; granting deferred action, granting parole, or staying a final order of removal; agreeing to voluntary departure, the withdrawal of an application for admission, or other action in lieu of obtaining a formal order of removal; pursuing an appeal; executing a removal order; and responding to or joining in a motion to reopen removal proceedings and to consider joining in a motion to grant relief or a benefit. If you currently have a final order of removal against you, it is important to consult with an immigration attorney to explore the possibility of reopening such a case and seek relief. This is a golden opportunity to try and solve your immigration problem this election year. After November 2012, things might become even more difficult. This article is for your information only; it is not a legal advice. It is not a representation of any future outcome. If you need any immigration help or have any question, please feel free to contact Attorney Famuyide at 718-647-6767 or send an e-mail to News U S I

Vol. 5 No. 71 - February 1, 2012

New Provisional Waiver Gives EWIs Pathway to Green Cards

It appears that the pathway to permanent resident status has just opened for those who came into the United States without inspection a.k.a. the EWIs. In a publication by the U.S. Citizenship & Immigration Services on January 6, 2012 which was again published in the Federal Register on January 9, 2012, EWIs who are immediate relatives of U.S. citizens will be allowed to obtain waiver of the 10year penalty against them in the United States to enable them apply for immigrant visas abroad. It must be further clarified that those immigrants who succeeded in entering the United States without inspection through a border post have a clear cut case. The only problem they have is the problem of unlawful presence which this new waiver rule will help clear. But an immigrants who entered through the border post and was caught and charged before the court will have to first of all clear the court case before he / she can take advantage of this new rule. removal proceedings who applies for the waiver and travels abroad as a result of the approval of the provisional waiver might get stuck abroad because of the removal order. The provisional waiver will not waive a removal order entered by an immigration judge. Additionally, it will not cancel a pending removal case before the immigration court. It is essential that all immigrants know that this process is complex and should not be given to any attorney who is not well grounded in immigration law to handle. There is no margin of error once the immigrant departs the United States. The goal is to bring the immigrant back and your attorney must assure you that it is possible and clear all hurdles before you travel abroad. abroad if such issues are not addressed before you depart the United States. There is another group of immigrants that seem not to have been addressed by this new provisional waiver rule. These are immigrants who entered into the United States through the Airports. Some of these immigrants were not caught. They succeeded in entering into the U.S. These immigrants are eligible for the provisional waiver unless they now go forward to admit fraud and create additional problem for themselves. If they admit fraud, they would have created another problem that require a similar waiver that seem not to have been addressed by this provisional waiver rule. Another group of immigrants were caught at the airport and charged with having committed fraud for using passports with photos transposed or outrightly using someone elses passport.

It is also important to note that all immigrants seeking to benefit from this provisional waiver rule must disclose the complete facts of their cases to their legal representatives. If you hide anything such as an arrest or previous immigraAny immigrant tion fraud issues, with removal you might end order or pending up getting stuck

Any immigrant with removal order or pending removal proceedings who applied for the waiver and travel abroad as a result of the approval of the provisional waiver might get stuck abroad because of such removal order. The provisional waiver will not waive a removal order entered by an immigration judge. It will not also canceled a pending removal case before the immigration court.
so that all these matters could be addressed before you depart the United States. Make sure you are convinced that you will be allowed to return to the U.S. have an old deportation case resulting from your entry to the United States illegally, this might be the best time to address such case with the aid of the June 17, 2011 favorable exercise of discretion memo. This article is for your information only; it is not a legal advice. It is not a representation of any future outcome. If you need any immigration help or have any question, please feel free to contact Attorney Famuyide at 718-647-6767 or send your e-mail to jfamuyide@aol. com. USI News

If you are in this category, it is important that you disclose the full facts of your case It is important to to your attorney note that if you

Vol.5 No. 71- February 1, 2012

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Vol. 5 No. 71 - February 1, 2012

Ask Lisa-Anne

Lisa-Anne Ray-Byers Do School Uniforms Make a Difference in Academic Performance? Q. My niece attends a charter school and they wear uniforms. My sister thinks that wearing uniforms helps improve academics in schools. Is this true? A. Well, it depends on whom you ask. If you ask people who went to Catholic or other religious schools, other private schools or who went to school outside of the USA where everyone wore uniforms; they would tell you yes! Those who never wore uniforms may take another view on the subject! Researchers are divided over how much of an impact - if any - dress policies have upon student learning. A 2004 book makes the case that uniforms do not improve school safety or academic discipline. A 2005 study, on the other hand, indicates that in some Ohio high schools uniforms may have improved graduation and attendance rates, although no improvements were observed in academic performance. In the

1980s, public schools were often compared unfavorably to Catholic schools. Noting the perceived benefit that uniforms conferred upon Catholic schools, some public schools decided to adopt a school uniform policy. President Clinton provided momentum to the school uniform movement when he said in his 1996 State of the Union speech, If it means teenagers will stop killing each other over designer jackets, then our public schools should be able to require their students to wear school uniforms. The Pros and Cons of School Uniforms! According to proponents, school uniforms: Help prevent gangs from forming on campus Encourage discipline Help students resist peer pressure to buy trendy clothes Help identify intruders in the school Diminish economic and social barriers between students Increase a sense of belonging and school pride Improve attendance Opponents contend that school uniforms: Violate a students right to freedom of expression Are simply a Band-Aid on the issue of school violence Make students a target for bullies from other schools Are a financial burden for poor families Are an unfair ad-


ditional expense for parents who pay taxes for a free public education Are difficult to enforce in public schools Most school districts have dress codes which are different from wearing a uniform everyday! Some examples include: Decorations (including tattoos) that are symbols, mottoes, words or acronyms that convey crude, vulgar, profane, violent, gang-related, sexually explicit or suggestive messages Large or baggy clothes (this prohibition can be used to keep students from excessive sagging) Holes in clothes Scarves, curlers, bandanas or sweatbands inside of school buildings (exceptions are made for religious attire) Visible undergarments Strapless garments Bare midriffs, immodestly low-cut necklines or bare backs Tights, leggings, bike shorts, swim suits or pajamas as outerwear Visible piercings, except in the ear Dog collars, tongue rings and studs, wallet chains, large hair picks, or chains that connect one part of the body to another What Research Says About School Uniforms! Virginia Draa, assistant professor at Youngstown State University, reviewed attendance, graduation and proficiency pass rates at 64 public high schools in Ohio. Her final analysis surprised her: I really went into this thinking uniforms dont make a difference, but I came away seeing that they do. At least at these schools, they do. I was absolutely floored. Draas study concluded that those schools with uniform policies improved in attendance, graduation and suspension rates. She was unable to connect uniforms with academic improvement because of such complicating factors as changing instructional methods and curriculum. University of Missouri assistant professor, David Brunsma reached a different conclusion. In his 2004 book, The School Uniform Movement and What It Tells Us About American Education: A Symbolic Crusade, Brunsma reviewed past studies on the effect of uniforms on academic performance. He also conducted his own analysis of two enormous databases, the 1988 National Educational Longitudinal Study and the 1998 Early Childhood Longitudinal Study. Brunsma concluded that there is no positive correlation between uniforms and school safety or academic achievement. Meanwhile, the movement toward uniforms in public schools has spread to about a quarter of all elementary schools. Experts say that the

number of middle and high schools with uniforms is about half the number of elementary schools. If uniforms are intended to curb school violence and improve academics, why are they not more prevalent in middle and high schools, where these goals are just as important as in elementary schools? Because, says Brunsma, Its desperately much more difficult to implement uniforms in high schools, and even middle schools, for student resistance is much, much higher. In fact, most of the litigation resulting from uniforms has been located at levels of K-12 that are higher than elementary schools. Of course, this uniform debate is also one regarding whether children have rights, too! The debate over uniforms in public schools encompasses many larger issues than simply what children should wear to school. It touches on issues of school improvement, freedom of expression and the culture wars. Its no wonder the debate rages on.

Information gathered from http://www. find-a-school/defining-your-ideal/121school-uniforms. gs?page=3 Lisa-Anne Ray-Byers is a licensed and certified speech-language pathologist who has worked in education for over two decades. She holds graduate degrees in speechlanguage pathology and multicultural education. She also holds certification in educational administration. She is the author of the book, They Say I Have ADHD, I Say Life Sucks! Thoughts From Nicholas and coauthor of 365 Ways To Succeed With ADHD both available at www. She is a member of the National Education Writers Association and the education editor for the Community Journal newspaper. She is currently employed in the Hempstead School District. You may contact her at speechlrb@yahoo. com or by visiting her website at www.

In the last few weeks, I have met with immigrants who simply outsmart themselves. They were penny wise and pound foolish. Some of them simply turned the journey that was meant to last 3 months to one that lasted 2years and ended up in frustration and denial. Let me tell all immigrants in the United States, the process of adjusting your status through marriage to a U.S. citizen ought to be completed in about 3months. Same goes for parents of U.S. citizen sons and daughters who are over the age of 21, the process of obtaining your green card through such a U.S.

Obtain Permanent Resident Status Through Marriage in 3 Months

citizen child is supposed to be completed in about 3months from the date the petition for alien relative and the application for adjustment of status is filed. $6000 trying to clear mitted. up the mess created All immigrants in the through the immigra- It doesnt matter where you live United States must tion court process. now, the process of know that the process of obtaining green card All immigrants must obtaining permais more than just com- know that the Obama nent resident status is through marriage or pleting a set of forms. administration There are laws and re- still issuing Notice through your U.S. quirements that must to Appear before the citizen child who is be met. There is an in- immigration court to over the age of 21 terview the immigrant immigrants who are should be completed must attend and eligi- denied adjustment in about 3months. The bility for relief must of status. Do not be U.S. Citizenship & Imbe proven before green fooled by the spin in migration Services has card can be issued. It the news. It is impera- streamlined its proceis essential that you tive that you retain an dure with specialized retain a qualified im- attorney to help you so workers handling files migration attorney to that the process can be to ensure adjudication within 3months. advocate for you in the seamless. Please save yourself process. It is better to wait and the pain of denial, use I have had clients come save up the money if an attorney when it to me to help remedy you cannot afford an comes to dealing with problems resulting attorney immediately immigration matters. from their self help than to do the filing processes. In a bid to yourself and end up in This article is for your save about $3000, they deportation because of information only; it is end up spending over unforced errors com- not a legal advice and court in deportation.

Vol.5 No. 71- February 1, 2012

It appears from the stories of some of the new clients retaining my office, that because of the state of the U.S. economy, many immigrants simply consult with immigration attorneys to clarify some of their concerns and after obtaining the answers, they result to self help. Many immigrants trying to save money file the petitions themselves and turn a journey that should end in permanent resident status to a process that end before an immigration

should not be substituted for a legal counsel that could only be obtained from an attorney after evaluating your case. If you need an attorney or if you have any question, please feel free to contact Attorney Famuyide at 718-647-6767 or send your e-mail to USI News








Vol. 5 No. 71 - February 1, 2012


Term used to describe people who have diabetes in pregnancy, but after delivery their blood sugar goes back to normal. How common is Diabetes? About 20.8 million people in the U.S. have Diabetes according to the American Diabetics Association, unfortunately about onethird of these people are not aware. Diabetes is common among Latinos, AfricanAmericans and Native Americans. Type 2 Diabetics are about 90-95 percent of all diabetics. Most of our discussion will focus on type 2 diabetes. What are the Signs and Symptoms of Diabetes? Type 2 DM develops slowly, so many people are diagnosed from routine blood screening. As it progresses, some symptoms may develop. Excessive thirst: Sugar pulls blood out of the cells, so the person feels dry (dehydrated) and wants to drink more fluid. Excessive urination: Results from drinking and water accompanying sugar as it is passed out in the urine. Weight changes: Some people lose weight because the energy required by the body cells is not available. Others may gain weight from excessive eating. Poor wound healing: Sores do not heal well in diabetics. Frequent infections: Vaginal and urine infections occur frequently in DM. Other symptoms may also result from diabetes. A diabetic may experience some damage to certain organs in the body resulting in poor vision, tingling sensation of hands and feet depending on which part of the body is affected. Live threatening presentation of DM may include starvation-like problems with excessive acid in the body (ketoacidosis) or at other times severe dehydration with very high levels of sugar presenting with confusion or even coma.

Obtain Your Green Card Through Cancellation of Removal

Dr. Oluwatoyosi Dairo USI News Columnist

Diabetes Mellitus (DM) is a disease in which the body does not use sugar (glucose) normally. The body under normal circumstances uses glucose which it gets from food as a major source of energy. A chemical (hormone) produced in the body called insulin is required to adequately use up glucose as a source of energy. When there is no insulin, little insulin or when the cells of the body are somewhat resistant to insulin it results in high levels of sugar in the body which is what is called DM. Types of Diabetes Mellitus Type 1 diabetes: When someone has no insulin. Type 2 Diabetes: These people do not produce enough insulin or their cells are resistant to insulin (even when they have high level). Prediabetes: When people have abnormal sugar, but the level is not high enough to be termed a diabetic. This is also referred to as impaired fasting glucose. Gestational Diabetes:

Complications of Diabetes Diabetes affects almost every major part of Do you know? the body. A lot of the There is a 2 to 4 damage is done on the times increase in the vessels in the body. risk of heart disease Kidney (NephropaWhat are the risk and stroke in diabet- thy): Damage to the factors for Diabetes? ics which causes about delicate numerous Family history: DM 65% of deaths. vessels that sieve is more common in High blood pres- (filter) in the kidney people whose parent sure affects about 73% eventually can lead to or siblings have the of diabetics. kidney failure. disease. However, Diabetic eye Eyes (retinopathy): other environmental damage causes about DM causes cataract. It factors also come into 12,000-24,000 new can also damage the play in these groups of cases of blindness each vessels in the eye. people. year. Nerve (neuropathy): Obesity: Excessive Diabetes account- DM damages the weight gain is a major ed for 44% of new nerves possibly by afrisk factor for DM. In cases of kidney failure fecting the tiny vessels fact the current epi- in 2002 statistics. that supply them with demic of obesity has Nervous system nourishment. The presignificantly increased damage presenting in sentation will depend the number of people various forms occurs on which group of with diabetes. The in about 60-70% of nerves is affected. It body cells become people with DM. includes loss of feeling more resistant to the 60% of amputa- (numbness), vomitaction of insulin with tions not related to ing, diarrhea, constiincreasing body fat. injury are done because pation (if it affects the Race: As discussed of diabetes. digestive system), and earlier diabetics is Spontaneous abor- feeling of internal heat more common in tions occur in about and so on. Blacks, Hispanics and 15-20% of pregnancies Heart: Diabetes inAmerican Indians. in diabetics. creases the risk of Gestational Diabetes: American Medical heart attack, narrowing

Many pregnant women who have diabetes in pregnancy later in life develop frank type 2 diabetes.

News, August 2006

of blood vessels (atherosclerosis) Alzheimers disease: Diabetics have two times the risk as people of same age and sex to develop this type of dementia. What can you do? Maintain a healthy lifestyle: eat healthy, exercise regularly, and lose excess weight. Get regular check up as high blood sugar can be detected in blood work. If you have family members with diabetes, check routinely. If you have been diagnosed with Diabetes, take it serious and heed your doctors advice. 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) 5267600. This article is for educational purposes and it is not intended to replace the advice of your doctor.

Vol.5 No. 71- February 1, 2012


U.S. Citizenship and Immigration Services Opens New Office in Queens, New York Grand Opening Marks New York Citys Newest Full-Service Immigration Office
NEW YORKU.S. Citizenship and Immigration Services (USCIS) today celebrated the official opening of its newest immigration field office in Queens, N.Y. USCIS Director Alejandro Mayorkas and USCISs New York District Director Andrea Quarantillo were joined by U.S. Rep. Carolyn Maloney (14th District, N.Y.), U.S. Rep. Joseph Crowley (7th District, N.Y.) and Queens Borough President Helen Marshall for the ribboncutting ceremony. Opening the Queens office furthers our effort to become a part of the community and provide services where our customers live, Director Mayorkas said. We are confident that this new office will improve customer service and accessibility, and create new opportunities for the Queens community to engage with our agency. The new office, located at 27-35 Jackson Ave., consists of waiting rooms, an Application Support Center (which offers fingerprinting and photographic services as part of the application process), a naturalization ceremony room, and interview and file rooms. The building was formerly a warehouse and has been renovated to create a modern and efficient office space. The Queens

Community Directory
US Immigration News is now providing an advertising service for small businesses all over the country. If you would like your business card featured in this section, please contact us at (718) 647-6767 There is a small fee of $50 per business card.

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office is expected to serve about 500 people each business day. The offices hours are 7 a.m. to 3:30 p.m. A portion of the new office in Queens was dedicated by USCIS employees to one of their own: former Field Office Director Gwynne K. MacPhersonWilliams, who passed away in March 2011 after 38 years of distinguished public service in New York City. A plaque will be placed in the new naturalization ceremony room in her memory. The Aviation High School Honor Guard participated in todays ceremony by presenting the national colors and leading guests in the Pledge of Allegiance. Approximately 100 employees transferred to the Queens office from the now-closed Garden City, Long Island, office. USCIS recently opened an additional office in Holtsville, Long Island.

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Vol. 5 No. 71 - February 1, 2012

Rev. Taiwo I. Odubiyi

USI News Columnist

Its as if Im dirty and irresponsible. In fact, there were times I asked myself if something was wrong with me. Some of the people laughed. Im serious. The man said. I feel frustrated. I feel rejected. Some men nodded their heads to show understanding. His wife looked shocked. I mean is there anyone sharing my experience? Has anybody here ever been there? the man looked round at the men. Five men raised their hands. Richard whispered to Tammy, Are you meeting my needs? She nudged him and whispered back, Our case is different. We are trying to make babies. They looked back to the man standing and listened. Suddenly the mans wife stood up and hugged him. He held her. Everybody clapped and cheered. When she raised her head, her eyes were misty. She told her husband, But you didnt tell me this. You didnt tell me you

were feeling this bad. She looked into his eyes. You knew I was complaining. He answered, still holding her. Yes but I didnt know you felt like this. I mean for you to say it in public, it must be very serious. Anyway, Im sorry. I will improve. She was clapped for again. The man bent his head and kissed her. The people clapped again as some began to shout, More! More! Smiling, the couple sat down. A woman raised her hand and got up. My case is different. Its my husband who has lost interest in sex. I dont know what we can do about that. My needs are not being met. The people shouted and laughed. Her husband was also laughing. The woman continued, laughing. I want us to tackle this issue as well. My husband does not believe in kissing he says it makes him feel like throwing up, too much saliva and so on. A man exclaimed. Oh my God! All of them laughed again. Still laughing, she said, In fact, we stopped kissing a long time ago. So, its not only about a mans needs, a womans needs may also not be met. One of the men asked her husband, What

OH BABY! contd.

do you have to say for yourself? All eyes went to the man. He was laughing as he got up. Theres no cause for alarm. Its just that in recent times, Ive been under a considerable amount of pressure and I just dont feel like it. And about the kissing stuff, when I was young, there was this dirty old aunty with yellow stains on her teeth who was always kissing and fondling me and my sister. Whenever I remember those times, I feel sick and nauseated. Keep quiet, my friend! A man at the back shouted. Are you not a man? How can you be talking about feeling sick and nauseated? Another man said. What does he even mean by that? Sit down!

Now, they all seemed to be talking at the same time, with most of the men telling him he should be quiet, he had no excuse. The women were laughing, obviously finding the discussion amusing. Eventually, the senior pastor got up and they clapped to welcome him. He first explained to them that the reason there are issues about sex in marriage is because God created men and women differently. Then, Pastor Tom began to teach them on sexual intimacy in marriage, going on to say, Its as if some people think that sex was a mans idea but it wasnt. It was Gods idea. Some people though, because of their misunderstanding of Gods purpose for sex have perverted, commercialized and even redefined it to

suit their purpose. That is why there is so much confusion and problem about it. He paused for effect before he continued. Unfortunately, many churches dont talk about sex at all, they tend to ignore it. Some Christian couples also dont talk about it with each other. Maybe they think talking about it will make them unholy. Everyone laughed. He went on. Now, the first thing we all need to know and teach the young ones is that sex is good and right but only in marriage. When you are married, it is a celebration of each other, a celebration of your marriage and as I said, it was Gods idea. Check your Bible. Pastor Tom paused again. Then he continued, But outside marriage or before marriage,

sex is wrong and destructive. It can lead to serious problems. And about eighty percent of those who sleep together at one time or the other before marriage dont marry each other. And for the twenty percent who get married to their sex partners, about forty percent of them end up in divorce. So we need to explain all these things to our young ones when we have the opportunity. He cleared his voice and went on. To be continued. To purchase this book and the others by the author Taiwo Iredele Odubiyi please contact: 410818-7482

Vol.5 No. 71- February 1, 2012


This election year 2012 might be the break many illegal immigrants in the United States have been waiting for. The current tide of electoral maps and blocks suggest that President Obama will only win in November 2012 if he creates a way to secure the votes of majority of immigrants who are moving away from him for not keeping his promises on immigration reform.

USCIS Proposes New Rule to Give Green Cards to Millions of Illegal Aliens
As a matter of background, this proposed rule affects mainly immigrants who came into the United States without inspection but subsequently married U.S. citizens. These immigrants are classified as being unlawfully present in the United States. As a result of their mode of entry, particularly those who got here after December 21, 2000 and those who came in before that date but do not have any petition filed for them before April 30, 2001. If they apply for permanent resident status in the U.S., they are required to travel abroad to obtain their immigrant visa because they are regarded as inadmissible, that is not eligible to adjust their status in the U.S. These are illegal immigrants who are not qualified for adjustment of status under Section 245(i) of the Immigration & Nationality Act. The reason many of these immigrants, who entered without inspection but are currently married to U.S. citizens remain in the U.S. without going to the U.S. Embassy abroad to apply for their immigrant visas is because of another law made in 1996 which imposed a severe penalty on immigrants who are unlawfully present in the United States. The 1996 law states that if you are unlawfully present in the U.S. for over 180days, if you voluntarily depart the United States, you cannot come back until after 3years. Likewise if you are unlawfully present in the U.S. for more than 1year and you voluntarily depart, you cannot come back until after 10years. As a result of this law, many immigrants who would have traveled abroad to obtain their immigrant visas simply remain in the United States illegally. result on Election Day if implemented now. The new proposal is that those illegal aliens who entered the United States without inspection and are now married to U.S. citizens will be allowed to apply for the waiver while in the U.S. instead of applying for the waiver at the U.S. Embassy abroad after they depart the U.S. The waiver will be processed and if approved, a proviEven though the law sional approval will provides for waiver of be issued. The illegal this ground of inadmis- immigrant will more sibility prior to now, or less complete the the process has been processing of his / her cumbersome, lengthy paperwork while in and risky. Many im- the U.S. before departmigrants who tried to ing the U.S. to attend weather the storm by the interview at U.S. traveling abroad ended Embassy abroad to up having their waiver obtain the immigrant application denied and visa to travel back to they get stuck abroad the United States. leaving their families to suffer in the U.S. There are still many unanswered questions What the U.S. Citizen- regarding this proposship & Immigration al. The immigrant will Services is proposes still need to prove eliis what I call Section gibility for immigrant 245(i) relief through visa abroad. The immithe back door. This is grant must show that very creative of the the marriage forming Obama administration the basis of the petiprovided they succeed tion is bona fide. Imin pushing it through. migrants who have What the current ad- children with their ministration is doing, U.S. citizen spouses because of their in- will simply get their ability to pass any new green cards without immigration reform any problem while bill through Congress, those without children is to look for adminis- will need to submit a trative loopholes that number of joint docucould lead to granting ments to establish the of relief to immigrants validity of their marin order to gain their riages. votes. This is very smart of the Obama ad- This is a step in the ministration because it right direction. It might yield the desired appears that this pro-

Breaking News!!!

On January 6, 2012, the U.S. Citizenship & Immigration Services made a blockbuster announcement that could put smiles on the faces of many illegal immigrants in the United States. The USCIS is proposing to streamline the processing of these individuals waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation. It appears that if this new rule is implemented, many illegal immigrants in the United States who are currently married to U.S. citizens will be able to obtain their green cards at the U.S. Embassy abroad without any fear of being denied visa or entry into the United States because their major problem would have been solved before they depart the U.S. to apply for immigrant visa abroad.

posal will be finalized and approved immediately since it is not a change of law but a review of administrative process. It is important that immigrants who are currently married to U.S. citizens or contemplating marriage should go ahead and speak to qualified immigration attorneys.

This article is for your information only. It is not a legal advice that could be rendered after an attorney has evaluated your case. If you want to file your case to benefit from this new proposed rule, please feel free to contact Attorney Famuyide immediately. He has an excellent record in winning waiver cases. This is not a represenThis is the time to start tation of any future to build your case for outcome. Please call waiver. If you have an Attorney Famuyide for American spouse and appointment immediyou entered into the ately at 718-647-6767 U.S. without inspec- or send your e-mail to tion, you need to begin the process that could lead to your green card USI News now. All immigrants must know that the process will take at least 6months to complete, please do not wait. This new proposed rule might be good for this year only. If President Obama Turn your Spare Time to looses the election Dollars in November 2012, Become USI News the new President Marketing Agent might reverse this Now Paying up to 30% process, so the earlier you get started, the better. Call to Register Now:

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Vol. 5 No. 71 - February 1, 2012


CORPORATE ADDREss u.s. ImmIgRATIOn nEWs, InC. 2750 ATLAnTIC AvEnuE, suITE 100 bROOkLyn, nEW yORk 11207 TEL. (718) 647-6767 fAx. (718) 647-6777 EmAIL: usCIsnEWs@AOL.COm 2011




Vol.5 No. 71- February 1, 2012



Vol. 5 No. 71 - February 1, 2012

Vol.5 No. 71- February 1, 2012


Tel: 347-257-4244


Vol. 5 No. 71 - February 1, 2012

Vol.5 No. 71- February 1, 2012


WOMAN TO WOMAN Come out and Shine!

understand that just because a home is dirty or someone does not care about their appearance does not mean that they do not love the good things of life. It is just that they have lost control probably because they are too busy or are overwhelmed by circumstances in their life, and so they give up trying to make any sense of it. Sometimes also the community that we live in may dictate our right to enjoy life because of their judgment of our circumstances. The result of giving up is that life passes you by. Many women have a set of pattern for their lives, from home to work and back again. Occasionally they shop for food and basic necessities and most of the time they have very few or no friends at all. They may not want to make friends because they have been disappointed by people sometime in the past (male & female). Therefore, they put themselves in a secure box that none can penetrate. The Bible tells us in Genesis chapter 1 verse 31 that God saw all that he had made and behold, it was very good. He also created man and woman and placed them in a garden he planted towards the east in Eden. Genesis chapter 2 verse 9 states that God made all kinds of trees grow out of the ground, trees that were pleasing to the eye and good for food. Part of the commandment that God gave man was to work the garden and take care of it. I hereby submit that each ones life is the garden that God has given to be taken care of. When we allow negative circumstances to keep us down, we neglect our responsibilities as Gods children knowing that we are created for Him that we may show forth his glory. What then do you do if you find yourself with no strength in your bones to carry on? I challenge every woman who is bowed down to arise and shine. Life is not over for you just because a particular situation did not work out. Infact it may just be the beginning of something more beautiful, more permanent. There are a few things apart from praying and studying the word of God that I do religiously that gives me a constant lift. Here are two of them: Keeping my living environment clean and beautiful: Whether you live in a one bedroom apartment or a whole house, one of the ways to enjoy it is to make it beautiful and infuse your personality into it. There are inexpensive ways to achieve this. Never hold on to stuff you dont need. Learn to give and throw out. Those plastic bowls, old newspapers, old clothes, pillows, furniture, toys etc. must go. Some women still

Re. Grace Eledan USI News Columnist I watched on T.V the other day the case of a woman with a Phd whose daughter had brought her for a make-over of herself and her home. The cameras went into her home to show the different areas of the house. She had items like towels, underwear, wedding gifts, personal purchases and very old furniture shes been holding on to for 30years or thereabouts. She acknowledged how difficult it is for her to part with any of these objects. Infact, she said towels are better when they become thin because they absorb water better! She presented a dishwashing sponge she has been using for well over a year now. Merely looking at the quantity of junk in her house reminds me of many women that are in the same situation. They are as beautiful as glass on the outside but if you dare go into their abode, you may need to go for shock treatment. The environment that we live in sometimes depicts the state of our minds which could be that of hopelessness or very low self-esteem. I have come to

have stuff they used for their married children safely stored away in their homes. May I suggest that you cry over them and let them go this New Year? Making myself look beautiful. A few days ago I hosted the executives of the Women Aflame International Ministry in my home. I gave every woman a call and told them that it was not a casual affair. They were to dress up and look their best. I brought out my best dinnerware (remember the ones you use to decorate and never

actually use to eat) because I was determined not to use disposable paper plates. The evening turned out very stylish. There is something about taking care of your body as a woman. It promotes your self-esteem. Try to have very few bad hair days. Forgive everyone that offends you and say to yourself everyday, This is the day that the Lord has made. I choose to rejoice and be glad in it Shalom! By Grace Eledan

Grace Eledan is coPastor Leaders Church Intl and the founder of Women Aflame Intl., a friendship network, intercession ministry and charity organization mentoring and mobilizing women to be more productive in their spheres of influence. She can be reached on (718) 503-2580 or www. Also follow us on Face book. Intercessory line open every Monday night from 9pm-10pm on (712) 432-0800 Access code 330528#.


Vol. 5 No. 71 - February 1, 2012

Vol.5 No. 71- February 1, 2012


If I had Power
tells you to pray for the power of the Holy Spirit? Are you like me, thinking only of speaking in tongue? Well, lets go into the bible and see. 1 Corinthians 12:1-11 states that, Now concerning spiritual gifts, brethren, I would not have you ignorant. Ye know that ye were Gentiles, carried away unto these dumb idols, even as ye were led. Wherefore I give you to understand, that no man speaking by the Spirit of God calleth Jesus accursed: and that no man can say that Jesus is the Lord, but by the Holy Ghost. Now there are diversities of gifts, but the same Spirit. And there are differences of administrations, but the same Lord. And there are diversities of operations, but it is the same God which worketh all in all. But the manifestation of the Spirit is given to every man to profit withal. For to one is given by the Spirit the word of wisdom; to another the word of knowledge by the same Spirit; To another faith by the same Spirit; to another the gifts of healing by the same Spirit; To another the working of miracles; to another prophecy; to another discerning of spirits; to another divers kinds of tongues; to another the interpretation of tongues: But all these worketh that one and the selfsame Spirit, dividing to every man severally as he will. (KJV) Once I understood the above scriptures, I realized that if had the power of the Holy Spirit, I would walk in wisdom and knowledge thereby becoming sought after. Have you ever thought of it that a lot of people and nations would seek after you if you operated in exceptional wisdom and knowledge? Wait a minute; since it is the doubtful person who wont receive anything from God (James 1:7-8), It means you wont doubt anymore, because power of the Holy Spirit will work out faith in you. This means youll always receive whatever you ask for. Have you thought about this? Awesome. Another possible good you can do for yourself and mankind is healing. Imagine God giving you the power of the Holy Spirit which works healing. Do you agree that there would be less sick people around? What a perfect world that would be. What about miracles? Youd benefit mankind by releasing them from bondages and calling whatever you want into existence. Oh my God, I need this power. There is another gift of the Holy Spirit called prophecy. People who operate under this power can tell the future. Surely this is beneficial to mankind as a whole. If you have discernment of spirits, no one would be able to deceive you; if you can speak in tongue, you will confuse the devil; if you can interpret tongues, you will shed light to secret issues. Wow! Are you loving what God has in stock for you? Wait, it is not over yet. The book of Romans 12:6-8 states that, Having then gifts differing according to the grace that is given to us, whether prophecy, let us prophesy according to the proportion of faith; Or ministry, let us wait on our ministering: or he that teacheth, on teaching; Or he that exhorteth, on exhortation: he that giveth, let him do it with simplicity; he that ruleth, with diligence; he that sheweth mercy, with cheerfulness. (KJV). With this scripture I also see that if I had power of the Holy Spirit to function in ministry, I would serve mankind (to minister is to serve). It is unfortunate that the world today is void of those who would really serve in the true sense of it, but without the power of the Holy Spirit, everyone would be selfish. If you are endowed with teaching power gift, you would be the best teacher. What about exhortation? Do you know how many people need encouragement in the world today? How would it be if you had the power gift to exhort (encourage) people and help them out of depression? Wouldnt the world be a better place? Oh my God, there is also a power gift of showing mercy. Guess what? If you had the gift to show

Pastor Abraham Obadare USI News Columnist

If you had power, what you do with it? Well I guess it depends on what type of power, right? Yeah, you are right. I am talking about the type of power that can help you turn around the lives of people around you for good. I mean the power to change your own life and be the best you can be. I thought about it and I said to myself, If I had power I would be the most blessed person on earth, useful for my family, church and the world around me a million times over. Speaking of power, I am talking about the power of the Holy Spirit. I started out as a Christian who did not understand the power of the Holy Spirit. I thought whenever they mentioned Holy Spirit they meant speaking in tongues and nothing more. Thank God, as I understood the word of God the more, I realized that the power of the Holy Spirit is more than what anyone could brush aside if they ever want to amount to anything in life. Let me ask you; what comes to your mind first when a minister

mercy, youll show mercy, right? Well, if you show mercy, you too will receive mercy. Isnt that something? The bible says in Matthew 5:7 that Blessed are the merciful, for they shall receive mercy. Wow! This is eyeopening. With all of the above, I hope you can conclude as I have that if I had power (power of the Holy Spirit), I would change the world. This means when God promises to power out His Spirit upon all flesh (you and me), He actually intends to give you and me power gifts that will benefit us and make our lives better, by giving all the tools that we need for performance and independence. I just thought I should share this with you in order to think about what you could possibly do if you had power. If you receive the power of the Holy Spirit, Gods gifts will begin to manifest in your life and the world around you will change as you benefit others. My advice: Next time you are asked to pray for the indwelling of the Holy Spirit, you now know what gifts God could possibly endow you with and

what profit you could make for God in the world. Go ahead, make it your goal from now to ask God for the empowerment of the Holy Spirit; He will grant your request so long as your intension is to profit mankind with it (1 Cor. 12:7) and bring glorify His holy name. I am Pastor Abraham Obadare, a minister of the gospel at Christ Apostolic 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. Our website address is where you can demand videos for your enrichment, watch our live streaming or read past messages / articles. For Our TV programs show: Queens: QPTV 34 on Wednesdays at 2pm & Fridays at 5:30pm Brooklyn: BCAT 35/98 at 8:30 on 2nd & 4th Sundays Long Island: CABLEVISION 20 on Tuesday 8:30am Worldwide: LifezoneTV on Monday @ 6:30pm & Thursday @ 5:30pm

Vol.5 No. 71- February 1, 2012


Surviving the Economy: Change Your Attitude

markets continue to fluctuate chipping away at our retirements and investments. Even with the proposed stimulus package it would seem that the economy would take a while to get stimulated into action. Our collective social anxiety over the nations economical situation has manifested itself in many ways. Hundreds of immigrant families are returning to their countries of origin, many undocumented aliens have opted for what is referred to as self-deportation. Families are now carefully budgeting their incomes and drastically cutting down on non-essentials. In more extreme cases some have resorted to taking their own lives, unable to face financial insecurity. to change our attitude towards our present circumstances. Instead of an attitude of anxiety and desperation we need to establish a position of gratitude. And while you might be tempted to feel that you have nothing to be thankful for. Realize that there is always someone whose situation is much worse than yours. Therefore, choosing every day to point out those things that you are blessed with will help you to see things in a very different light. Is there a roof over your head? Even if its in line for foreclosure, you are not under a bridge or living in your car. Give thanks. Do you have bread to eat and water to drink? It is better than having to dig in a dumpster for your next meal. Can you still see, hear, taste, smell, and feel? Is the family together? Are your children still being educated? Do you have friends and family that you can call on for support? Do you have a place of worship where you can go to receive spiritual and mental encouragement? Give thanks. Life could be much worse without these extra blessings. Appreciation can set us on a higher level of consciousness. It can make us begin to see

Norka Blackman-Richards USI News Columnist

No matter your social condition, you will undoubtedly face some struggles as long as you live on this earth. Sometimes we believe that our social and financial conditions determine our ability to make it out of a negative situation unscathed. However, our attitude more than our buying power will ultimately decide our ability to be victorious in any given situation. Consequently, how we view at our problems and how we chose to Yet, in spite of the confront them is really dire forecasts we need a personal choice. to pause and take a more introspective In other words, if you look at our circumare human, problems stances. The saying is are inevitable but true: while there is life misery is optional. there is hope; the hope that we will survive This article is not in- this temporary bleak tended to deny in moment. But choosing any way whatsoever to live life within the the fact that times ray of hope instead of are tough in America the shadow of misery today. Foreclosures will require that we are at an all time high live our lives from a leaving homebuyers different level. Not unsure if years of in- only will we need to vestment will be lost, clothe ourselves with 11.6 million Ameri- fearlessness as sugcans are reportedly gested in our previous unemployed and the article, we also need

life in its true perspective. Tomorrow is not promised to any of us because none of us is more deserving than the other. Therefore, we owe it to God to give thanks for what we do have. It is also of fundamental importance that we teach our families, particularly our children, to have and attitude of gratefulness. We need to teach our children to give thanks

for what they have and to stop complaining or begging for what they dont have. Learning to give thanks will make them more appreciative and even teach them to continuously exercise good manners. Having a mind-set of thankfulness breathes new life into any discouraging situation. It forces us to stop looking down with

worry but instead to look up with hope. The extra benefit about an approach of gratitude is that it is contagious. We begin to inject our minds with positive thoughts that will push out the negative ones. We also begin to influence others, for the better, when we speak words of encouragement and hope. Most importantly, we begin to visualize possibilities for survival instead contd on pg 23


Vol. 5 No. 71 - February 1, 2012

USI NewsRack Locations in New York City

1. Corner of Church & Flatbush Ave, Brooklyn, NY 2. By Atlantic LIRR train station 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

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, Richmond 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 BLVD Lefrak City (Front of US Post Office) 9. 209-20 Jamaica Ave Queens Village, NY (Front of US Post Office) 10. 2115 Mott Ave Far Rockaway ( Front of A Train Station) 11. 40-06 Main Street Flushing, NY (By 7 Train Station) 12. Front of US Post Office 8642 Forest Pkwy Woodhaven, NY 11421 13. Front of US Post Office 3925 61st Street Woodside, 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 Avenue College Point, NY 11356 17. Front of US Post Office 329 Beach 59th St Arverne, NY 11106 18. Front of US Post Office 7523 Main Street Flushing, NY 11367 19. Front of US Post Office 2950 Union Street Flushing, NY 11354 20. Front of US Post Office 197-33 Hillside Avenue Hollis, NY 11423 21. By F Train, Opp. Queen of Sheba 87-75 Parson Blvd Hillside, NY 22. Front of U.S. Post Office 95-07 Linden Blvd St. Albans, NY 23. Front of U.S. Post Office Rochdale Mall Rochdale Village, NY

1. 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 4. 525 Lenox Ave Manhattan, NY (Opp. Harlem Hospital) 5. Front of 243 Canal Street Btw. Centre & Lafayette St. (By J, M, Z, N, Q Subway) New York, NY 6. Front of 284 Canal Street Btw. Broadway, (By J,Z,W Subway) New York, NY 7. Front of 78 8th Avenue, Btw. W. 14th St & Greenwich St, New York, NY

Now in your

Now in Banks, Stores & Post Offices in Long ISland

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) 10. 1427 Rockaway Parkway Carnasie, NY (Around L Train Station) 11. Front 480 86th Street Btw. 4th Ave & 5th Ave Brooklyn, NY

1. 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


er Anoth of ive initiat ws e USI N IN JO NING E WIN TH TEAM


1. 205 Bay Street, Corner of Victory Blvd Staten Island, NY (Front of Food Stamp Office)

contd from pg 22 of dwelling in a prison of impossibilities. Transforming our thoughts from one of despair to one of appreciation could be a challenging process for some. We have become so used to speaking words of negativity. Worry, anguish, sadness and gloom have become the normal mind-sets in which we function daily. Unfortunately, these despairing attitudes only cripple our chances of succeeding and surviving. Even so, we can still chose the road to gratitude instead of misery. Here are little exercises that we can practice individually and as a family to have an attitude of gratitude: 1. Let words of gratitude become your first statement for the day. Before you step out of bed take a few minutes to meditate on at least three things that you can be thankful for that day. The first one being, of course, that you are alive. 2. Teach your children to give thanks. Request that they each tell you three things that they are thankful for before the day is over. You can use this exercise as a way of establishing a daily dialogue with them. 3. Start a Gratitude Journal. Instead of filling up pages of your diary with problems and issues write reflections on the things that you are thankful for and the reasons why. 4. Have a gratitude reunion. Get your friends and family together to celebrate survival. Life could be much worse. Mediate and thank God for the many blessings. By Norka Blackman-Richards Norka Blackman-Richards, is an adjunct lecturer at Queens College for CUNY. A writer, ministers wife, and an empowerment speaker for women, education, family and diversity issues, Norka is also the president and founder of a non-profit organization, 4 Real Women International, Inc. Visit her site at


Vol. 5 No. 71 - February 1, 2012

How to Dodge DHS Bullet Through S. 212(h) Relief

The most deadly and most damaging weapon of the Department of Homeland Security to seal the hope and terminate the future of any immigrant in the United States is found in Section 101(a)(43) of the Immigration & Nationality Act as amended. That section of the law defines what is called Aggravated felony. Any immigrant charged by the Department of Homeland Security for committing any offense classified as aggravated felony is subject to mandatory detention and majority of such immigrants are deported without any possibility of returning to the United States. Many offenses that are classified as mere misdemeanor at the State and local levels are classified as aggravated felony by the Immigration and Nationality Act. The best thing for any immigrant is not to have committed any offense, but if you have been found guilty of the commission of any criminal offense, even if you were given a conditional discharge, you are still regarded as guilty under immigration law and you might be subject to deportation. If you have any prior conviction or went through a program that purported to exonerate you at the State level, please get the disposition and check with a qualified immigration attorney before you take a trip abroad if you are a green card holder or before you apply for adjustment of status. Many immigrants find out for the first time that they are subject to this law when they least expect it and that is usually after a trip abroad. Many have had their green cards confiscated at the airport and were told to report later only to be arrested and detained indefinitely. For a green card holder who is charged with the commission of aggravated felony, there is a loophole you could explore. Do not just throw in the towel. If you must fight, you can only fight before you are deported not after you have been barred indefinitely from returning to the United States. It is important that you consult with a qualified immigration attorney immediately. This is a very specialized part of immigration law and not all immigration lawyers are versed in this area. Please ask your lawyer if he has ever represented anyone charged with aggravated felony successfully before you retain him. There is a form of relief called Section 212(h) relief which is based on current interpretation of the law by various circuits of the Court of Appeals and the Board of Immigration Appeals. Some aggravated felons might be able to use it to avoid the Department of Homeland Securitys bullet of deportation without any hope of returning. Under this section 212(h), any permanent resident alien who meets certain requirements will be granted waiver and be allowed to remain in the U.S. as a green card holder. Section 212(h) provides The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2) and subparagraph (A)(i)(II) of such subsection insofar as it relates to a single offense of simple possession of 30 grams or less of marijuana if(1) (A) in the case of any immigrant it is established to the satisfaction of the Attorney General that(i) the alien is inadmissible only under subparagraph (D)(i) or (D)(ii) of such subsection or the activities for which the alien is inadmissible occurred more than 15 years before the date of the aliens application for a visa, admission, or adjustment of status. (ii) the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States, and (iii) the alien has been rehabilitated; or (B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the aliens denial of admission would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; or 25c/ (C) the alien is a VAWA self-petitioner; and (2) the Attorney General, in his discretion, and pursuant to such terms, conditions and procedures as he may by regulations prescribe, has consented to the aliens applying or reapplying for a visa, for admission to the United States, or adjustment of status. No waiver shall be provided under this subsection in the case of an alien who has been convicted of (or who has admitted committing acts that constitute) murder or criminal acts involving torture, or an attempt or conspiracy to commit murder or a criminal act involving torture. No waiver shall be granted under this subsection in the case of an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence if either since the date of such admission the alien has been convicted of an aggravated felony or the alien has not lawfully resided continuously in the United States for a period of not less than 7 years immediately preceding the date of initiation of proceedings to remove the alien from the United States. No court shall have ju-

risdiction to review a decision of the Attorney General to grant or deny a waiver under this subsection. It appears that from the above that Section 212(h) bar green card holders who committed aggravated felony from the waiver, but the courts have separated a class of immigrants who are still eligible for section 212(h) relief even if they are guilty of committing crimes classified as aggravated felony. Pursuant to caselaw, aggravated felony is not a bar for Section 212(h) relief for applicant who entered the United States as a visitor but later adjusts status to permanent resident alien in the U.S. Martinez v. Mukasey, 519 F. 3d 532 (5th Cir. 2008), Lanier v. U.S. Attorney General 631 F.3d 1363 (2011), Matter of Koljenovic 25 I&N Dec. 219 (BIA 2010). The BIA and many circuit courts have distinguished, pursuant to section 212(h), between alien who has been previously been admitted to the United States as an alien lawfully admitted for permanent residence and an alien who entered initially with a non-immigrant

visa but later adjusted status in the United States. The BIA and the circuit courts opined that aggravated felony conviction is not a bar to the latter. See: Matter of Michel 21 I&N Dec 1101 (BIA 1998. If you are an immigrant in the United States, a green card holder who has lived in the U.S. for at least 7years and you have had your green card for over 5years and you have a qualified relative which could be your U.S. citizen children, parent or wife, but you were convicted of aggravated felony, we might be able to safe your green card, please contact us immediately at the Law Office of Joseph Famuyide, 718-647-6767. 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 your e-mail to USI News

Vol.5 No. 71- February 1, 2012


Graduating from university is normally an occasion for a family get-together, and this was certainly a big celebration for the Ogunsanya quadruplets who were handed their welldeserved degrees from the same university on the same day. The 23-year-old quads, identical sisters and the oldest by four minutes, Toks and Temi, and identical brothers, Tobi and Tolu, graduated from Warwick University with Master Degrees. All four have landed jobs in the city already. Toks graduated with an M.Eng. in manufacturing and engineering, and Temi, Tobi and Tolu all gained an MSC in management from Warwick Business School. The quads, originally from Lagos, Nigeria, have been living in the United Kingdom since the age of seven when they began boarding schools before heading to Warwick University. Since leaving university they have all landed top city jobs. Toks is due to start working for RBS in London later this year, Temi, who interned at Santander over the summer, has been offered a permanent position with the bank, and Tolu is due to start working for one of the Big 4 accountancy firms in the City. Our parents are four times as proud of us, added Tobi, who is mulling over two offers from two major City firms. Theyve supported us financially and have encouraged us all the way. Without their help we wouldnt be here today, he said.

Some foreign nationals, including six Nigerians, were arrested after a clash with the Police at Kempton Park in Johannesburg on Saturday. Some of the foreign nationals felt their rights were being violated when police searched their flats for illegal weapons, drugs and illegal immigrants. A Nigerian, Kunle Oyekunbi, said that the police harassed them and their belongings were taken. The police came late in the night. They broke down our doors, they were just harassing everybody once you are a foreigner. They took our belongings and destroyed our property all in the name of searching for drugs and weapons. Oyekunbi continued, Money was exhorted from those who can afford it, those without money were arrested. Even our food was not spared by the Police, we are now left with nothing. However, South Africas Police Service (SAPS) spokesperson, Katilego Mogale, said nothing was confiscated as the raid was interrupted by the violence. The spokesperson said: Some of the foreign nationals were involved in public violence; therefore the police had to detain some of them. The suspects will be appearing in the Kempton Park Magistrates Court soon. Meanwhile, more than 150 citizens of the Democratic Republic of Congo were arrested by the Police and would be charged to court. South Africas Police Task Force arrested the suspects in their homes in Johannesburg after series of clashes between supporters of President Joseph Kabila of the Democratic Republic of Congo

and the opposition leader, Etienne Tshisekedi. Olakunle O. Bolarinwa, Is a Nightline Family Member Of The Voice Of America {VOA}. E-mail:


Vol. 5 No. 71 - February 1, 2012

Dynamics of Mate Selection in the Immigrants Community

who already have a mixed family in the US is growing at an alarming rate. No doubt, there are many single female immigrants in the US who are also desirous of getting married to a man from their tribe or at least one that is from their country of origin but they cannot really do much to make that dream come true. Admittedly, women are in a difficult position in this regard as they have to give up waiting for a marriage proposal from the brothers at some point, especially where there are better prospects among other nationals and some of the men seem to be more inclined towards going home to find their brides. Nevertheless, a woman who longs for a mate among her people should not just give up on the desirable and make do with the available. There is the ease and of course the most convenient option of mingling with men from her country of origin who are resident in the country with the hope that something serious will come out of it , and there is the tough option of going home to find a spouse, like some of the men do. Now, looking for a marriage prospect is not something most women will quite own up to, but really if you live in an environment where men who fit your idea of an ideal man are highly limited in number, you may have to do more than just waiting to make your dream come true. The purpose of this piece is to share tips that could help those who would dare to pursue their desire to marry a man from home. For most ladies, the pressure or the motivation to marry someone from their country of origin usually comes from the family, and when it comes to finding the right man to this end, the immediate family members in the US and the trusted ones back home can be of great help. Traditionally, families have always played important roles in helping to ensure that their wards do not marry the wrong person. Giving the slightest indication that you are open to meeting and making friends with well brought up men from home may just be all you need to get the ordinarily concerned members of the family to start looking out for you. Usually, when a brother-in-law introduces his sister-in-law to a friend, the friend knows he has to show some sense of responsibility or at least be sincere about his intentions. The same rule applies to having ones mentor or trusted elderly friend help out in the search for the

Ayobami Odeyemi International Correspondent e-mail:

There has been a raging debate within the immigrants community as to why some single male immigrants still go back home to marry when they could just marry one of the single and available women from the same country already resident in the US. Several possible explanations have been offered for this tendency, but really, life is all about choices and when it comes to the choice of a spouse, we really cannot judge people for making a choice they feel is best for them. Clearly though, some male immigrants desire to marry someone from home is so strong that some of them who are already married to people from other races or cultures still go to their country of origin to secretly contract marriage with someone from among their people. This rather unfortunate development is fast creating a social problem especially in Africa as the number of young women illegally married to men

Now, looking for a marriage prospect is not something most women will quite own up to, but really if you live in an environment where men who fit your idea of an ideal man are highly limited in number,
ultimate man. Any one of these people you ask, I assure you, will do the searching with the highest sense of responsibility. You just need to ask. Talk to your respected male friends, preferably, the married ones. Trust me, guys know the serious ones among their friends and if he is really your friend, and he is convinced you would make a good wife too, he would be more than willing to be the match maker. Women friends too can be of help, but men tend to be more serious with ladies introduced to them by a fellow man than they do when the mutual friend is a woman, except of course the woman in question is their Sister or Aunt. The sisters and the Aunts are always looking out for good girls they can introduce to their eligible bachelor brothers or nephews as the case may be. If you are a good person, you may not need to do much to get them to hook you up, but let people who could be of help know you are open to making friends with men from your country of origin. Apart from meeting prospects through trusted family members, mentors and friends, personal searches could also be very effective. Participate in programs that you are sure men from your country or the desired tribe will attend, you will notice I use the word participate, do not just sit down, being productively active or lending a helping hand when the circumstance demands it is a subtle but effective way of attracting the attention of men who are looking for a wife. It is best if you are naturally caring and willing to help. Personal search can also be done by joining online social and professional networks that boast of a large number of members from your Country of origin. Although these platforms have been largely abused, contd on pg 27

Vol.5 No. 71- February 1, 2012


187-08 Linden Blvd St. Albans NY 11412

contd from pg 26 they still remain veritable avenues for one to reunite with long lost friends, former neighbors, old school mates, and other people you used to know back home some of whom might still be single and open for some serious relationships. In this day and age when the whole world has become a global village with the phenomenal advancement in information and communication technology, living across the globe is not exactly much of a barrier to making friends and building relationships that could lead to a life time commitment. From the perspective of a young professional African, it can be said authoritatively that there are many young men and women in Africa who because of the demands of their jobs have to rely on online social networks for the same purpose. Perhaps, one major impediment in this respect is the fact that female immigrants in the US seem to have this unwarranted condescending attitude that gets in the way of prospective relationships. Except, you are dealing with a frustrated unemployed youth who is looking for every means of migrating to the US, your living abroad is a major issue only true love can sort out, there is therefore no reasonable explanation for the attitude. You may find this unbelievable, but the fact that you are resident in the US does not work the same magic on well educated and gainfully employed Africa men as it does on their female folks when the US based guys go home in their glory to court them. You have got to show that you are a good person, well brought up, and you

understand that marriage is a life time commitment with both parties under the obligation of making it work. Responsible men are usually good at identifying women who would make a good wives because they look beyond the womans great body and the artwork on her face when it comes to choosing a spouse. You can only attract them if you possess some depth of character. You may access your worth based on your education and social class, or your immigrant status in the US and be worth pretty much, but men value a woman based on the measure of peace, joy and comfort she is capable of bringing to them as the first entity in her home, you will have to be valued high or else you will be the girlfriend while they

go on searching for a wife. As do men, women who end up with great men usually do because they are blind to what looks good, consequently they have a sharp nose for what smells good, they can sense when it is damaged even though it still looks good. Need it be said that paying a visit to your country of origin after establishing friendship with your prospects may seal the deal, and who knows, you can find love so compelling that you may end up relocating to be with your brother, friend and husband. Being a woman should not stop you from getting what you want. You have got all it takes to make your dream come true.


Vol. 5 No. 71 - February 1, 2012

Frequently asked Questions

Its Cheaper to Retain An Attorney: You Wasted Money
Hello Mr. Famuyide: This is my immigration situation. I would like your input in this matter. I am originally from Trinidad and Tobago. My adjustment of status was denied last year. My aunt, a US citizen filed for my father, mother, brother and me in April 2001 (LIFE ACT). We were approved in April 2005. My brother was twenty years old in 2001 and I was 23. We were able to file for adjustment of status on September 2010. We were given appointments for fingerprinting and given alien numbers and medical requirements. The Immigration office requested an interview with the entire family to review our documents in 2011. The immigration officer informed my brother and I that we received approval in 2005 when we were over age 21. We were denied green cards but our parents were told that they can reapply when they receive permanent residence. This was very shocking because my mother called the immigration hotline many times and talked to immigration officers. They continually stated that my brother and I would be eligible to apply and receive our legal documents. Because of their response, I proceeded to apply, paid over $1000 in filing fees plus medical expenses. Is there anything you can do for my brother and I at this point? I am currently out of status. Thank you. Thanks for your mail. It appears that you did not use the services of an attorney for this case. It is always cheaper to retain a lawyer to represent you than waste your hard earned money. Each day now, I come across immigrants who tried self-help and end up paying more. I can understand that the economy is not good, but many of these immigrants were advised by their friends not to use attorneys for their cases. From the facts you provided, you were already over 21 at the time the petition was filed in 2001. You simply waited for 10years for nothing because you had aged-out already. Hopefully you were able to get work permit from the adjustment process. That is all you can get. It is wise to look into other avenues now for your green card. Thanks for the words of encouragement. I sure need that. If you are able to find work using your social security number, it is okay to continue to work. With the work, you will be able to pay taxes and America will be happy for that. As you know, you have already violated one law by overstaying your visa, even if you work now, the penalty for both violations will still be the same, so go ahead and work. The only way you can regularize your status now is through marriage to a U.S. citizen and working without authorization will not affect that. Also, if a new law is made to help the illegal ones, America will favor those who work and pay taxes over those who enjoy the services but operate off the book without paying anything. So you are good to go WORK.

Yes. You Can File for Your Daughter if She is not Married
Happy New Year, I am a green card holder, can I file for my daughter born in1984, who is presently residing abroad

Thanks for the brevity of your question. The answer is yes. You can file for your daughter with your green card regardless of her age as long as she is not married. The law is that a green card holder can petition for his or her children under age 21 and his or her sons and daughter over the age of 21 as long as they are not married. You cannot use green card to file for married children. If your daughter is married, it is important that you apply to become a U.S. citizen before you apply for her otherwise, you will file and pay only to be denied. Please do not waste your money, consult and have an attorney help you file the petition. My office is always open to help. Over Age Children will Have to Wait for their Priority Date to be Current Happy New Year to you! I have read the article about the reduction of filing period for Permanent Resident relatives abroad. Does this change also apply to relatives over 21 years? I have two daughters who are still in Jamaica, aged 25 and 23. I received my Permanent Resident Card a year ago. Thanks for your mail. This is a very good question. The article relates to spouses and under 21 children of permanent resident aliens only. Your children are already over the age of 21, so they will need to wait for their priority dates to mature before they can migrate to the United States. Even though it will take a much longer period, it is wise to file for them now with your green card so that their clock will continue to run. Anytime you become a citizen in the future you can always upgrade the filing to speed up their arrival to the United States. Do not wait to become a U.S. citizen before you file if your children are not married now. Thank you again.

Go Ahead and Work America Needs your Taxes

Hello Mr. Joseph Famuyide, Thanks for the opportunity to ask questions on immigration issues. You are doing a great work. Your write ups and answers to immigration have enlightened a lot of people. Once again thank you. I will like to ask a couple of questions and I hope you are able to answer to the best of your knowledge. I came to the U.S on a P3 visa and I have now overstayed. I was able to acquire my social security and drivers license permit. My first question is, when I want to rectify my status, will I be asked if I have been working unlawfully? If I have, will it affect my application? The second question, if your answer to the above question is yes, what will be your advice about working with my social security number? Is it better not to work with my social security number? This is because I do not want any trouble when I am ready to rectify my status. Thank you for all the advice you have given in your write up.

Vol.5 No. 71- February 1, 2012


Matter of D-X- & Y-Z-, Respondents

(1) A facially valid permit to reside in a third country constitutes prima facie evidence of an offer of firm resettlement pursuant to section 208(b)(2)(A)(vi) of the Immigration and Nationality Act, 8 U.S.C. 1158(b)(2)(A)(vi) (2006), even if the permit was fraudulently obtained. (2) Where an asylum applicant who has resettled in a third country travels to the United States or the country of claimed persecution and then returns to the country of resettlement, he or she has not remained in that country only as long aswas necessary to arrange onward travel for purposes of establishing an exception to firmresettlement pursuant to 8 C.F.R. 1208.15(a) (2011). FOR RESPONDENTS: Anders L. Johnson, Esquire, San Francisco, California FORTHEDEPARTMENTOFHOMELANDSECURITY: CaraD. Cutler,AssistantChief Counsel BEFORE: Board Panel: MALPHRUS, MULLANE, and CREPPY, Board Members. MALPHRUS, Board Member: In a decision dated May 25, 2006, an Immigration Judge found the respondents removable and granted the female respondents asylum application from China. The Immigration Judge found the male respondent ineligible for asylum because of his firm resettlement in Belize, ordered him removed from the United States to Belize, and granted him withholding of removal to China. The Department of Homeland Security (DHS) has appealed from the Immigration Judges grant of asylum to the female respondent. The male respondent has appealed from the Immigration Judges denial of his asylum application. The DHSs appeal will be sustained, the male respondents appeal will be dismissed, and the record will be remanded to the Immigration Judge. We review the findings of factmade by the Immigration Judge to determine whether they are clearly to travel in and out of that country. The female respondent was able to obtain a nonimmigrant visa to visit the United States by presenting her permit along with her Chinese passport, and she returned to Belize using these documents. The male respondent indicated that he was not told of any restrictions on the permit that would limit the holders ability to work in 1264, 1271 (9th Cir. 2011); Gulla v. Gonzales, 498 F.3d 911, 917 (9th Cir. 2007). However, the problem in this case is not with the fraudulent nature of the documents per se. Rather, the respondents used fraudulently obtained documents that permitted them to firmly resettle in a third country where they were not at risk of persecution. As noted by the Immigration Judge, the permits are facially valid. Even if the respondents used some form of fraud or bribery through a middleman to obtain them, there has been no showing that they were not issued by the Belize Government. Furthermore, the female respondent used her permit to reenter Belize after visiting the United States. Following the Immigration Judges decision, the United States Court of Appeals for the Ninth Circuit rejected an asylum applicants claim that her recognition as a national of Taiwan should be disregarded as evidence of firm resettlement because it was fraudulently obtained. See Su Hwa She v. Holder, 629 F.3d 958, 962-64 (9th Cir. 2010) (finding that the DHS met its initial burden of showing firm resettlement and that there was some government dispensation where the applicant was recognized as a national of Taiwan, even though that status was fraudulently obtained). Other circuits have similarlyrejected claims that a fraudulently obtained immigration status should undercut a finding of firm resettlement. See Firmansjah v. Gonzales, 424 F.3d 598 (7th Cir. 2005) (holding that the fact that an asylum applicant obtained resident status in Singapore through her parents, who fraudulently obtained their permanent resident status, did not rebut evi-

Eric Holder U.S Attorney General

Matter of D-X- & Y-Z-, Respondents Decided January 6, 2012 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
erroneous. 8 C.F.R. 1003.1(d)(3)(i) (2011); see also Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008). We review de novo all questions of law, discretion, and judgment, including the question whether the parties have met the relevant burden of proof. 8 C.F.R. 1003.1(d)(3)(ii); see also Matter of H-L-H& Z-Y-Z-, 25 I&N Dec. 209, 212-13 (BIA 2010). The DHS does not contest the Immigration Judges finding that both respondents were credible witnesses, and we find no clear error in that determination. We review de novo the question whether the facts presented by the respondents support a determination of firm resettlement. Matter of A-G-G-, 25 I&N Dec. 486, 488 (BIA 2011). The Immigration Judge concluded that the female respondent had not been firmly resettled in Belize. See section 208(b)(2)(A) (vi) of the Immigration and Nationality Act, 8 U.S.C. 1158(b)(2)(A)(vi) (2006); 8 C.F.R. 1208.15 (2011). The female respondent had a Permit to Reside in Belize, which the Immigration Judge considered to be an important indication of firm resettlement. However, as the Immigration Judge noted, a presumption of firm resettlement can be rebutted by a showing that the asylum applicant remained in the third country only as long as was necessary to arrange onward travel and did not establish significant ties in that country. 8 C.F.R. 1208.15(a). According to the Immigration Judge, the female respondent was brought to Belize for the purpose of escaping China and continuing to the United States. The Immigration Judge found that the female respondent did not work or establish significant ties in Belize during the months that she resided there and therefore concluded that she was not firmly resettled in that country. In Matter of A-G-G-, 25 I&N Dec. at 500-03, which was decided after the Immigration Judges ruling in this case, we set forth a four-step framework for determinations involving firm resettlement as a mandatory bar to asylum. In the first step, the DHS bears the burden of presenting prima facie evidence of an offer of firm resettlement. Id. at 501. Tomake such a showing, the DHS should first secure and produce direct evidence of governmental documents indicating an aliens ability to stay in a country indefinitely, whichmay include evidence of refugee status, a passport, a travel document, or other evidence indicative of permanent residence. Id. at 501-02. Here, the female respondents permit constitutes prima facie evidence of an offer of firm resettlement. The permit allowed her to live in Belize and Belize. In the second step of our firm resettlement analysis, the asylum applicant can rebut the DHSs prima facie evidence of an offer of firm resettlement by showing by a preponderance of the evidence that such an offer has not, in fact, beenmade or that he or she would not qualify for it. Matter of A-G-G-, 25 I&N Dec. at 503. The respondents have sought to rebut the presumption of an offer of firm resettlement by asserting that the permits were obtained by fraud. The respondents paid a middleman for the permits, and they do not know whether they were issued by the Belize Government. It is well settled that an alien is not faulted for using fraudulent documents to escape persecution and seek asylum in the United States. See Matter of Pula, 19 I&N Dec. 467, 474 (BIA 1987); see also Singh v. Holder, 638 F.3d

to be contd...


Vol. 5 No. 71 - February 1, 2012

U.S. Passport Card Online Application Now Available

Hemisphere Travel Initiative. Since then, more than 4.5 million cards have been issued. The walThis pilot program is the Depart- let-sized passport ments signature initiative under card is a low-cost Presidential Executive Order 13571 alternative to the to simplify customer service inter- passport book. actions and streamline related pro- The U.S. passTo participate in this program, ap- cesses, making them more efficient. port card costs plicants must currently possess a The Department of State began pro- $30 for current valid 10-year U.S. passport book, ducing the passport card in 2008 passport book holders, and is valid upload an acceptable digital photo- in response to travel document re- for land and sea travel to and from graph and make an online payment quirements imposed by the Western Canada, Mexico, the Caribbean, On January 24, the Department of States Office of Passport Services will launch a 90-day pilot program allowing adult U.S. citizens living in the United States and Canada to apply for a passport card online. By applying online, customers will not be required to mail in their current passport book and necessary forms, saving them time and money. in U.S. dollars via Applications accepted through the program will be subject to the same strict adjudication standards as in-person or mail-in applications.

and Bermuda. It is not valid for international air travel. To apply for the passport card using the online application, visit

Year-on-Year Visa Demand Up in China and Brazil: State Department Continues to Reduce Visa Interview Wait Times
Visa processing in Brazil and China jumped more than 50 percent in the first quarter of fiscal year 2012 from the same period in 2011. At the same time, our Missions in China and Brazil decreased the wait for visa interviews. In China, visa interview wait times are only two days at any of our five visa-processing posts. In Brazil, wait times are down to 15 days in Rio de Janeiro and six days in Brasilia. To meet increasing demand, the Department of State is deploying additional personnel, expanding visa sections, and utilizing new systems and technologies to facilitate legitimate travel without compromising national security. These initiatives are getting results. In China, consular officers adjudicated nearly 260,000 visas in the first quarter of fiscal year 2012, compared to 175,000 visas in 2011, an increase of 48 percent. In Brazil, consular officers adjudicated nearly 280,000 visas in the first quarter of fiscal year 2012, compared to 171,000 visas in 2011, an increase of 63 percent.

This remarkable growth signals good news for the U.S. economy, when every additional 65 interna- an additional travel and tourism- for travel and tourism to the United tional visitors to the United States related job. Visitors from China and States. generate enough exports to support Brazil represent a growing market

USCIS Announces 58 Countries Whose Nationals are Eligible for H-2A and H-2B Participation
WASHINGTONU.S. Citizenship and Immigration Services (USCIS) today announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. The notice listing eligible countries will publish in tomorrows Federal Register. Each countrys designation is valid for one year from the date of publication. The H-2A and H-2B programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs and temporary nonagricultural jobs, respectively. USCIS generally may only approve H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States. Effective Jan. 18, 2012, nationals of the following 58 countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu. In addition to the 53 countries currently on the list, the following five countries were designated for the first time this year: Haiti, Iceland, Montenegro, Spain and Switzerland. This new list does not immediately affect the status of beneficiaries

who are currently in the United States in H-2A or H-2B status, unless they apply to change or extend their status. For more information on USCIS and its programs, please visit www. or follow us on Twitter (@uscis), YouTube (/ uscis) and the USCIS blog The Beacon.

Vol.5 No. 71- February 1, 2012


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Vol. 5 No. 71 - February 1, 2012


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