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Vol.5 No. 72- March 1, 2012

Attorney Famuyide Wins Approval of Some Dead Cases


This is a message to anyone who has given up, you are a not a failure until you stop trying. Attorney Famuyides victories in these cases can simply be described as miracle. These were cases in which other previous attorneys tried and failed. ....
Cont on Pg 4

Vol. 5 No. 72 March 1, 2012 - www.usimmigrationnewspaper.com - USCISNews@aol.com - SUBSCRIPTION $1 PER ISSUE - NEWSSTAND FREE

President Obama Surges in Polls?

Highlights
Some Immigrants Are 5 Months to Green Cards pg 13
Reminder; Some Illegal Aliens Can Still Adjust Their Status in the United States
Barack Obama President of the United States

pg 30 pg 31

DV Lottery 2013 Result to be Released 50,000 Immigrants to Benefit


pg24 pg 6

Update on Provisional Waivers for Immigrants Who Entered Without Inspection

pg 24

Rev. Joseph Famuyide Needs Your HELP pg 2


Failure is a Mindset

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Vol.5 No. 72- March 1, 2012

Visa Bulletin For March 2012


Number 42 Volume IX A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during March. 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 February 8th. 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. Similarly, 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.)

Diversity Immigrant (DV) Category


First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
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 March, 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

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employmentbased 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. 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 March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUL09. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUL09 and earlier than 22JUL09. (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. 72 - March 1, 2012

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Attorney Famuyide Wins Approval of Some Dead Cases


committed by previous attorneys. These brothers started a journey in the mid 1990s to obtain permanent resident statuses in the United States through their mother. The petitions were filed and approvals were issued. They needed to wait for sometime for their priority dates to be current because of their ages at that time, unfortunately during this waiting period, calamity struck and their mother died before they could obtain anything from the process. Based on the law at that time, they were advised that the approvals died with their mother automatically by operation of law; therefore, they could not obtain anything from the process. On about December 21, 2000, the then President Clinton signed the LIFE Act into law before leaving the office as president of the United States. Section 245(i) of the Immigration and Nationality Act was amended under the LIFE Act. The amendment created pathway to permanent resident status by allowing the payment of $1000 penalty by aliens in the United States who overstayed their visas or entered the United States without inspection, provided they had routes through which they could obtain permanent resident statuses. Fortunately for these brothers, one of their brothers with legal status became a U.S. citizen around the passage of the law. The brother petitioned for the three of them before April 30, 2001 through an attorney who completely messed them up. They knew it was going to take 10years to obtain permanent resident status from the process, but they were prepared to wait. They waited. Sometime in 2009, about 8years into the process, they went to the attorney for update since they did not receive any approval. It was a shocker for them to discover that their petitions were all denied and they were not promptly informed. For the second time in their journey to become legal in the United States, these brothers suffered another major setback. They discovered the denial when it was past the 30days given for them to appeal or attempt to reopen the case.

Joseph R. Famuyide, Esq.

This is a message to anyone who has given up, you are a not a failure until you stop trying. Attorney Famuyides victories in these cases can simply be described as miracle. These were cases in which other previous attorneys tried and failed. It was a difficult decision for these immigrants to agree to try again. One of them persuaded the others to give Attorney Famuyide a chance to work on the cases and it turned out to be the best decision they ever made in the past 18years. Attorney Famuyide won. About a year ago, a group of three brothers worked into Attorney Famuyides office with their file recently retrieved from a notable Law Firm in Connecticut. Two lawyers worked on the file previously and failed. After reviewing the file, Attorney Famuyide told these brothers that they have 50% chance of success if given a chance to handle the case. The possibility of success was greatly reduced because of the age of the cases and errors

and read one of Attorney Famuyides success stories and he persuaded the others to meet with Attorney Famuyide. At the scheduled meeting, Attorney Famuyide told the brothers that he could put together a good and detailed brief that could persuade the U.S. Citizenship & Immigration Services to change the decision if the brothers were ready to pay. He told them that they only have about 50% chance, but its worth trying since their hope hinged on the petitions It was at this stage that as the last source of resident they went to a second permanent statuses for them. attorney and paid for these cases to be reopened. The motions They agreed, and Atwere filed, but unfor- torney Famuyide went tunately, they were to work. The appeal denied again. Another and motion to reopen year was wasted were filed citing the without achieving ineffective assistance of counsel as the legal anything. basis on which the One of these broth- Service should reverse ers stumbled on U.S. the previous ruling. Immigration News One of the broth-

ers could not get the money to pay, but Attorney Famuyide in his kindness did not want to exclude him, so he filed for all of them without the knowledge of the one that did not pay. It took about one year to get the decision, miraculously, the U.S. Citizenship & Immigration Services agreed with Attorney Famuyide. The decisions were reversed and the cases were approved. Attorney Famuyide won for all these brothers. It was after the decision that the brother that did not pay thankfully paid Attorney Famuyide. Many aliens in similar situation have simply given up. So many aliens who were filed for by their brothers and sisters in 2001 were denied for one reason or the other. Some of these aliens did not find out until

very late. So they simply give up. It is important to consult with an immigration attorney immediately if your case is similar to this. Do not give up on your dream of becoming a permanent resident alien in the United States. This article is for your information only. It should not be considered as complete legal advice, which can only be given by an attorney after reviewing individual peculiar situations. It is not also a representation of any future outcome. If you have any question or need any legal representation, please feel free to contact Attorney Famuyide at 718-647-6767 or send email to jfamuyide@ aol.com. USI News

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Vol.5 No. 72- March 1, 2012

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contd from pg 19 when they can no longer deal with the situation of loneliness. These do not solve the problem. At least we know that God does not like separation. He said in the book of Malachi chapter 2 verse 16 that, He hateth putting away.. God is love and if you focus continually on the good things in your relationship instead of the negative, you will be able to overcome the temptation to just drop everything and run. Albeit that a lot of times the bad times may outweigh the good but we can still work it out if there is genuine love from the foundation of the relationship. Marriage is exciting because it fulfills the relational void and solves aloneness. These are suggestions of steps that you can take if you see yourself in the picture of a married woman who is living like a single person. First, assess your own particular situation and initiate a discussion with your spouse. Also begin to pray that God will give you the strategy to do things differently. Psalm 37 verse 5 states, Commit thy way unto the Lord; trust also in Him; and He shall bring it to pass Know your role as a wife according to Gods design. Secondly, seek spiritual counsel. The solution from the world is that if it does not work, drop it but speaking to a man or woman of God who will guide you through the word of God is one of the best things that you can do. Through the word you will be able to see what you are not doing right so as to make the necessary adjustments to enjoy your marriage. Proverbs 24:6 states, For by wise counsel thou shalt make thy war: and in the multitude of counselors there is safety God desires that you enjoy, not endure your marriage relationship. Shalom! Grace Eledan is co-Pastor 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) 5032580 or www.womenaflame.org Also follow us on Face book. Intercessory line opens every Monday night from 9pm-10pm on (712) 432-0800 Access code 330528#.

Vol. 5 No. 72 - March 1, 2012

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In the midst of the current immigration benefit drought lies a silver lining, a thread of good news and an opportunity for another 50,000 immigrants to obtain permanent resident status to come into the United States starting October 1, 2012. The U.S. Immigration News is happy to announce that the result of the DV Lottery 2013 entered into between October 4, 2011 and November 5, 2012 will be released to all the winners on or before May 1, 2012. No winner will be contacted by mail. The result will only be available online at the website of the U.S. Department of State. All applicants will need their confirmation number, family name and the year of birth to check the result when released. This article is written early enough to forewarn all our readers about the scams that usually occur before and at the time the official result is released. Many scam artists and fraudsters are going to kick into action very soon to defraud unsuspecting immigrants by asking them to pay to claim their winning number or package. Precedents have shown that con-Artists will try to infiltrate the process to take advantage of vulnerable immigrants. All applicants must beware of the D.V. scam going on around the world as the scam- artists will attempt to send similar winning packages to people with the hope

DV Lottery 2013 Result to be Released 50,000 Immigrants to Benefit


of extorting money from unsuspecting immigrants. Let me be clear, the U.S. Department of State managing the lottery program does not charge any fee. The State Department will not contact anyone by e-mail or by mail. If you receive any e-mail or letter claiming you have won the lottery, it is a scam, please do not give your information and do not send money to anyone regarding the lottery program. If you receive any mail or email about winning the DV lottery 2012 and you are confused please verify with an attorney before you spend your money. The U.S. Department of State does not send result by e-mail. The U.S. Department of State will not ask you to pay online or via Western Union. If you get any e-mail telling you that you won via e-mail, forward such e-mail to me and I will let you know what to do. Do not reply them, and do not send money to them. It is also important to note that if you check online and you are one of the winners, please contact an attorney immediately or follow the instruction in your winning letter. Please note that winning is just the beginning of the process. According to the U.S. Department of State, visa issuance to you is not guaranteed, and there are numerous processing stages that must be completed before a selectee can be scheduled for interview. Please note that more entries are selected each year than there are available visas, and it is important that you complete and return the forms and documents listed in the instructions as quickly as possible. If you currently reside abroad, do not sell your assets or resign your job in anticipation of migrating to the United States until you obtain the visa to travel. The above part of the instruction about completing and returning the forms to the Kentucky Consular Center only applies to applicants that are outside the United States. If you are in the United States, the procedure that you need to follow is different. You will NOT need to complete the Forms 230 and DSP 122 in the winning package. The procedure you will need to follow is on pages 5 and 6 of the stapled instruction in your winning package titled Adjusting Status in the U.S. According to the U.S. Department of State, if you are in the U.S. it will not be necessary for you to contact the KCC for any further information or instructions if you apply to adjust status in the United States, and the KCC will not contact you again. It is important that the winners who are in the U.S. know that there are requirements for adjustment of status in the U.S. If an applicant is out of status at the time of winning the lottery and no previous petition was filed for the applicant before April 30, 2001, the applicant might not be able to get the green card from the lottery program. It is very important that winners residing in the U.S. consult with a qualified immigration attorney before attempting to process their applications. Majority of the winners in the U.S. will need the passage of Section 245(i) INA to qualify; some might be qualified, using the services of experienced immigration attorney, under the old Section 245(i) INA as a grandfathered alien. As you might know, without Section 245(i) relief which allows an undocumented alien or alien who is out of status to pay a penalty of $1000 for overstaying or violating immigration law, most of the winners in the United States will not be able to reap the benefit of winning. A winner who is out of status cannot adjust status to permanent resident status without section 245(i) INA. If you are currently in the United States and wish to adjust your status without traveling abroad, do not send anything to U.S. Citizenship and Immigration Services before consulting with an attorney. It is expected that over 100,000 winners will receive the winning packages this year, but less than half will actually get the green card. Majority of the winners will be

disqualified for one reason or the other. The need to consult a qualified immigration attorney cannot be overemphasized. You could be disqualified for any flimsy mistake, let your attorney assure you that by U.S. Labor Department and the program requirement you are qualified. All winners must avoid the pitfalls of the lottery program by following the instructions strictly. As stated in one of my previous articles on the lottery program, a winner must have either a high school education or its equivalent- defined as successful completion of a 12-year course of elementary and secondary education; OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform. Please note that GED is not accepted as the equivalent of high school education. It is my advice that winners also avoid notarios who thrive on rumors and negative speculations.

This article is for your information only. It should not be considered as complete legal advice, which can only be given by an attorney after reviewing individual peculiar situations. Please contact my office at 718-6476767 or send email to jfamuyide@aol.com, if you need immigration assistance concerning the DV lottery program. Dont forget, my book Green Card Interview: Dos & Donts will help you regarding any interview with the immigration. Every immigrant family must have a copy. The book is available through my office for $19.99 plus $3 for shipping & handling, please forward your check of money order to my office for $22.99, you will get the book in the mail within 5 days. You may order through my website, wwww. lawyerfamuyide.com or on www.Amazon. com. The book is your gateway to your green card. Do not attend any immigration interview without it. USI News

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Ask Lisa-Anne

anatomy, chemical processes and function. These variations occur throughout the brain and influence language, memory, emotion, vision, hearing and navigation all elements in human learning. Lisa-Anne Ray-Byers speechlrb@yahoo.com Should boys and girls attend same gender schools? To answer this question we must first examine whether boys and girls learn differently? According to experts at the www.greatschools. net website, gender differences become apparent at an early age and can be seen in the different ways girls and boys play and learn. In a firstgrade classroom, its not unusual to find the girls working quietly at their desks or cooperatively in small groups as the boys toss paper wads through the air, make silly faces at each other across the room, or seem bored, distracted and restless when seated. While many girls politely raise their hands to answer the teachers questions, many boys blurt out their answers. Over the past decade or so, researchers have attempted to determine what, if any, natural differences exist between male and female brains when it comes to learning. Research in neuroscience has found gender variation in human brain The Minds of Girls

EDUCATION & KIDS


more serotonin in the bloodstream and the brain, which makes them biochemically less impulsive. Girls generally use more cortical areas of their brains for verbal and emotive functioning. Boys tend to use more cortical areas of the brain for spatial and mechanical functioning (Moir & Jessel, 1989; Rich, 2000). With more cortical areas devoted to verbal functioning, sensual memory, sitting still, listening, tonality, and mental cross talk, the complexities of reading and writing come easier, on the whole, to the female brain. This may explain why girls outperform boys in reading and writing.

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The following are some of the characteristics of girls brains: A girls corpus collosum (the connecting bundle of tissues between hemispheres) is, on average, larger than a boysup to 25 percent larger by adolescence. This enables more cross talk between hemispheres in the female brain. Girls have, in general, stronger neural connectors in their temporal lobes than boys have. These connectors lead to more sensually detailed memory storage, better listening skills, and better discrimination among the various tones of voice. This leads, among other things, to greater use of detail in writing assignments. The hippocampus (another memory storage area in the brain) is larger in girls than in boys, increasing girls learning advantage, especially in the language arts. Girls prefrontal cortex is generally more active than boys and develops at earlier ages. For this reason, girls tend to make fewer impulsive decisions than boys do. Further, girls have

human bonding chemical. This makes it more likely that they will be physically impulsive and less likely The Minds of Boys that they will neurally combat their natural What, then, are some impulsiveness to sit of the qualities that still and empathically are generally more chat with a friend. characteristic of boys (Moir & Jessel, 1989; brains? Taylor, 2002). Because boys brains Boys lateralize brain have more cortical activity. Their brains areas dedicated to spa- not only operate with tial-mechanical func- less blood flow than tioning, males use, on girls brains, but they average, half the brain are also structured space that females use to compartmentalize for verbal-emotive learning. Thus, girls functioning. The corti- tend to multitask better cal trend toward spa- than boys do, with tial-mechanical func- fewer attention span tioning makes many problems and greater boys want to move ability to make quick objects through space, transitions between like balls, model air- lessons. planes, or just their The male brain is set arms and legs. . to renew, recharge, Boys not only have and reorient itself by less serotonin than entering what neugirls have, but they rologists call a rest also have less oxy- state. The boy in the tocin, the primary back of the classroom

whose eyes are drifting toward sleep has entered a neural rest state. It is predominantly boys who drift off without completing assignments, who stop taking notes and fall asleep during a lecture, or who tap pencils or otherwise fidget in hopes of keeping themselves awake and learning. Females tend to recharge and reorient neural focus without rest states. This is especially true when the teacher uses more words to teach a lesson instead of being spatial and diagrammatic. The more words a teacher uses, the more likely boys are to zone out, or go into rest state. The male brain is better suited for symbols, abstractions, diagrams, pictures, and objects moving through space than for the monotony of words (Gurian,

2001). These typical boy qualities in the brain help illustrate why boys generally learn higher math and physics more easily than most girls do when those subjects are taught abstractly on the chalkboard; why more boys than girls play video games that involve physical movement and even physical destruction; and why more boys than girls tend to get in trouble for impulsiveness, shows of boredom, and fidgeting as well as for their more generalized inability to listen, fulfill assignments, and learn in the verbal-emotive world of the contemporary classroom. Info gathered from www. ascd.org (Association for Supervision and Curriculum Development) website with excerpts from the book

contd on pg 9

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Vol.5 No. 72- March 1, 2012

contd from pg 8 Educational Leadership: Closing Achievement Gaps by Michael Gurian and Kathy Stevens. So what are the Pros and Cons of same gender schools? The National Association for Single-Sex Public Education estimates that approximately 400 public schools now offer some form of singlesex education. Pros Those who advocate for single-sex education in public schools argue that: Some parents dont want their children to be in mixed-gender classrooms because, especially at certain ages, students of the opposite sex can be a distraction. Leonard Sax and others agree that merely placing boys in separate classrooms from girls accomplishes little. But single-sex education enhances student success when teachers use techniques geared toward the gender of their students. Some research indicates that girls learn better when classroom temperature is warm, while boys perform better in cooler classrooms. If thats true, then the temperature in a single-sex classroom could be set to optimize the learning of either male or female students. Some research and reports from educators suggest that single-sex education can broaden the educational prospects for both girls and boys. Advocates claim co-ed schools tend to reinforce gender steachievement were consistently those that had a higher percentage of girls. The American Council on Education reports that there is less academic disparity between male and female students overall and a far greater achievement gap between students in different racial, ethnic and socioeconomic groups, with poor and minority students children faring poorly. Bridging that academic chasm, they Those who claim sin- argue, deserves more gle-sex education is attention than does the ineffective and/or un- gender divide. desirable make the following claims: Single-sex education Few educators are is illegal and discrimiformally trained to natory, or so states the use gender-specific American Civil Liberteaching techniques. ties Union (ACLU) . In However, its no secret May 2008, the ACLU that experienced teach- filed suit in federal ers usually understand court, arguing that gender differences and Breckinridge County are adept at accom- Middle Schools (Kenmodating a variety of tucky) practice of oflearning styles within fering single-sex classtheir mixed-gender rooms in their public classrooms. school is illegal and Gender differences discriminatory. The in learning arent the school doesnt require same across the board; any child to attend they vary along a con- a single-sex class, tinuum of what is con- yet the suit argues sidered normal. that the practice vioStudents in single-sex lates several state and classrooms will one federal laws, including day live and work side- Title IX and the equal by-side with members Educational Opportuof the opposite sex. nities Act. Educating students What can teachers do? in single-sex schools limits their opportunity While the experts to work cooperatively debate the issue, chiland co-exist success- dren need to be educatfully with members of ed. Here are some tips the opposite sex. for teachers to impleAt least one study ment in the classroom found that the higher to meet all of the needs the percentage of girls of their students. in a co-ed classroom, the better the academic For Elementary Boys performance for all Use beadwork and students (both male other manipulatives and female). In high to promote fine motor school, the classrooms development. Boys are with the best academic behind girls in this area reotypes, while singlesex schools can break down gender stereotypes. Federal law supports the option of single-sex education. In 2006, Education Secretary Margaret Spellings eased federal regulations, allowing schools to offer single-sex classrooms and schools, as long as such options are completely voluntary. This move gives parents and school districts greater flexibility. Cons when they start school. Place books on shelves all around the room so boys get used to their omnipresence. Make lessons experiential and kinesthetic. Keep verbal instructions to no more than one minute. Personalize the students desk, coat rack, and cubby to increase his sense of attachment. Use male mentors and role models, such as fathers, grandfathers, or other male volunteers. Let boys nurture one another through healthy aggression and direct empathy. For Elementary Girls Play physical games to promote gross motor skills. Girls are behind boys in this area when they start school. Have portable/digital cameras around and take pictures of girls being successful at tasks. Use water and sand tables to promote science in a spatial venue. Use lots of puzzles to foster perceptual learning. Form working groups and teams to promote leadership roles and negotiation skills. Use manipulatives to teach math. Verbally encourage the hidden high energy of the quieter girls. 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. Visit www.connect- Amazon.com. She is forkids.org, www. the Education Editor singlesexschools.org/ of the Community r e s e a r c h - l e a r n i n g . Journal newspaper htm, www.unicef. in Long Island and a org/teachers/learner/ member of the Nationgender.htm, www. al Education Writers amazon.com/Boys- Association. You may G i r l s - L e a r n - D i f - contact her at speechlf e r e n t l y - Te a c h e r s rb@yahoo.com or by and www.nytimes. visiting her website at c o m / 2 0 0 8 / 0 3 / 0 2 / www.AskLisaAnne. magazine/02sex3-t. com. htm for more informa- tion. Lisa-Anne Ray-Byers is a licensed and certified speech-language Lisa-Anne Byers pathologist who has worked in education

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Obtain Your Green Card Through Cancellation of Removal


RENAL (KIDNEY) FAILURE Part 1
Chronic: It occurs in people who have underlying diseases that either directly involve the kidney as part of the disease process or affect the kidney as complication. Chronic renal failure will be addressed in the second part of this article. Each kidney is made up of about a million of small super coiled units called nephrons, basked in a rich supply of blood vessels. The exchanges occur via filtration in and out of the nephrons. Water follows the moveDr. Oluwatoyosi Dairo USI News Columnist ment of salts. Differoedairo@hotmail.com ent portions of the The body has two kidney permit certain kidneys located just substances to pass below the ribs in the through, while premid back on either venting some others side. The kidneys are from going through. the waste eliminating of the organs in the body. Functions kidney: They remove materials that are breakdown of various processes in Waste removal the tissues and from food. They are highly Hormonal functions, active organs that filter which are the producabout two hundred tion of: quarts of blood per day Erythropoetin, which just to get rid of two acts on the bone quarts of waste. The marrow to produce red waste is eliminated via blood cells the urine. If the wastes Renin, which along are not removed from with other hormones the body, they can ac- affect Blood pressure cumulate and become Active form of Vitamin toxic to body cells. D (calcitriol) that Apart from eliminat- maintains bone health ing waste, the kidney via calcium regulation also ensures that salts Its also the active site useful to the body are of the hormone vasoreturned without being pressin or antidiuretic lost in urine. Hence the hormone which is kidney helps us to get involved with water rid of bad products that balance in the body. can damage body cells while preventing the Types of Renal Failure good salts from being Acute: This occurs in wasted in urine. This people who otherwise makes it easy to under- had a good kidney stand the consequenc- function, but an acute es of kidney failure: infection, illness or toxic substances accu- injury to the kidney mulate, good salts are takes place. Most times lost and excess water the kidneys recover. is retained in the body.

What causes Acute Renal failure? To understand causes of renal failure, it is better to think the following way: Problems occurring before getting to the kidney (Pre renal causes) which mainly relates to blood supply to the kidney Problems within the kidney (Renal causes), which directly affect the structure and ability of the kidney to function. Problems occurring after urine leaves the kidney (post renal causes), preventing proper elimination of waste, would be a main obstruction to the adequate flow of urine. Prerenal causes (before the kidney causes) Decrease blood supply: You would recall that the kidney gets to filter about two hundred quarts of blood on a daily basis. Significant decreases in this blood supply will affect how much the kidney can filter. Sudden heavy blood loss: Injury, bleeding from the intestinal tract, pregnancy

related bleeding Dehydration: Loss from vomiting and diarrhea, decreased water intake Medication induced water loss: Water pills (diuretics) Obstruction to renal vessels: From blood clots Low blood pressure (Hypotension): Shock from overwhelming infection (sepsis), blood loss Renal Causes (within the kidney causes) Obstruction to fine capillary networks within

the kidney: From cholesterol plaques, clogging from abnormally shaped cells like in sickle cell disease Sepsis: Overwhelming infection leads to stimulation of the immune system causing inflammation that directly damages the kidney Immune mediated injury to fine capillary network (glomeruliglomerulonephritis): Occurs in diseases like Systemic Lupus Erythematosus Toxic injury: From heavy metals, cocaine, and alcohol

Medications: Allergic reactions to certain medications can cause damage in the spaces between the nephron and glomeruli (interstitial nephritis). Antibiotics like gentamicin and streptomycin are examples. Analgesics (pain killers) also damage the kidney when used in excessive amounts like Tylenol so called analgesic nephropathy. Even moderate uses in people with underlying disease of Non Steroidal Anti Inflammatory drugs like ibucontd on pg 11

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contd from pg 10 profen, Aleve, and naproxen. Iodine based contrast used in radiological tests can also cause kidney damage in certain individuals. Rhabdomyolysis: Muscle breakdown produces myoglobin. When a lot of muscle is broken down and myoglobin accumulates it damages the renal tubules. Multiple Myeloma: Produces abnormal proteins that damage the kidneys. causing abnormality in rate and rhythm (arrhythmias), fatal ones can cause death Acids from breakdown products accumulate leading to acidosis, which affects breathing and mental functions. Nausea and vomiting is common Fluid overload: Leads to swelling of ankles, fluid in the lungs (pleural effusion), and heart failure Symptoms of the underlying cause of acute renal failure will also be present. Hormonal dysfunction: This takes time to develop so the symptoms are more likely with chronic renal failure

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Post Renal Causes (beyond the kidney causes) Obstruction to outflow tract either at the level of the urethra or bladder will cause a back up of urine. Obstruction can occur from stones, tumors. In men enlarged prostate Diagnosis, treatment and prevencan cause obstruction at the final tion will be addressed in Part 2 of outlet in the urethral. the article. How does Acute Kidney failure present? Understanding the functions of the kidney makes it easier to know the symptoms: Failure to make enough urine: Decreased urine output, may be absent with obstruction if it is complete, rarely does it remain the same. Symptoms associated with failure to clear waste products: Tiredness Urea the major waste in urine builds up causing depression of functions of the brain confusion, change in mental status and lately unconscious state (coma). Potassium accumulates (hyperkalemia): Which can affect the heart

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Take Home Message Acute renal failure can kill so if you have any complaints about urine output do not delay. Seek immediate attention. Dont abuse painkillers. It can damage the kidney! Dr. Oluwatoyosi Dairo can be reached at Amazing Medical Services located at 110-16 Sutphin Blvd, Jamaica NY 11435 or by phone at (718)526-7600. Disclaimer: This article is intended for education purposes only and is not intended to replace the advice of your doctor.

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Rev. Taiwo I. Odubiyi

USI News Columnist

Then Pastor Tom 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. When I was growing up, I didnt know much about sex. The little I knew about it was heard from my friends in school. My parents didnt tell me about it and the church we attended certainly did not. All they said was that sex was wrong. Why was it wrong? We were not told! And many of us had questions! Oh my God! Pastor Tom shook his head and laughed as he remembered. We had questions! Everybody laughed and some people nodded and made side comments to confirm

that they had similar challenges. We had many questions but very few people who were willing to supply answers. Parents, let me tell you why you need to talk to your children about all these things and answer their questions, there are many wrong and bad people outside who are willing to give the answers to your children but the answers they will give will be wrong. He stared at the couples. He went on. Now let me tell you the funny part. Even though my parents and the church didnt give me answers to my questions on this issue of sex, when I grew up and was of age, I got married and suddenly I was expected to know what to do! Everybody laughed. Pastor Tom folded his arms across his chest and frowned to express his shock. Isnt that funny? Suddenly, sex was allowed, suddenly they were telling me it was the will of God in marriage. And few weeks after I got married, my mother ... bless her heart, she came and wanted to know if my wife had conceived! Everybody burst into laughter again including the pastor. Its unbelievable! He said through his laughter. I was tempted to tell her that I hadnt touched my wife, to see how she would feel.

OH BABY! contd.
The people were still laughing. When the laughter subsided, the pastor continued, So parents, talk to your children and those around you. Let them know the will of God. Its by answering their questions that you can guide them into doing the perfect will of God. And if theres anything you cant handle, let me know. He smiled. Now as I said, sex is good and right only in marriage and for this reason, Paul in the Bible advised every man to have his own wife in order to avoid temptation. If a mans sexual needs are not met in the marriage, it can lead to serious problems. He talked for about twenty minutes more and the program ended. ********** After the service on Sunday, Tammy called Helen and took her to one of the meeting rooms for privacy. She asked someone to bring a can of soft drink for Helen. My mother told me that you and your husband visited her yesterday. Thanks for the gifts. Helen said. Oh, dont worry about it. Tammy told her with a broad smile. We were glad we could help. So how are you today? Im okay, thank you. Helen answered coolly. I just want us to get to know each other better. We were not able to talk much when

you came to our house on Sunday. Tammy said. Where do you work? Helen told her she worked with a radio station. Oh, thats good. Tammy said. After a few other questions to which Helen gave cool answers, Tammy probed further, Pastor Richard told me about your mother. Hows she? Well, shes fine. Shes getting better, I guess. Thats good. I want to assume youre born again. Helen nodded. Oh great. You want to tell me about it? That was many years ago, Helen waved her hand and moved her head, when I was in high school. Im not a young Christian. Thats good. Tammy said and smiled again. Helen made a sound of amusement. When the womens leader was talking with me last week, she said she became a Christian about six years or

something. I was like ... ugh, I got converted before her. Tammy smiled, Im happy youve been a Christian since high school but you see, when it comes to Christianity, its not really how long but how well. The womens leader might be converted just six years ago but shes a role model and mature. Shes sound and solid when it comes to spiritual things. You know, I have met people who claimed to have been Christians for so long but I must tell you ... there is nothing to show for it. By their fruits we shall know them. Yeah, youre right. Tammy continued talking to her, and asked questions to which Helen gave short answers. We have programmes for the married and the unmarried. Since you are single, I think the appropriate programme for you is the one for the unmarried. Helen made a snort-

ing sound. Well, if at any time you need someone to talk to, dont hesitate to call me. Okay. Helen was looking at the door as if shed like to leave. Here is my card. Tammy gave Helen her card. May I have your phone number? Looking as if she was being bothered, Helen dictated it while Tammy saved it in her phone. I will call you tomorrow evening. Okay, thanks. About a minute later, Helen left. In the car, Tammy told Richard about Helen. I dont know ... she seems a funny person ... or is it my imagination? To be continued. To purchase this book and the others by the author Taiwo Iredele Odubiyi please contact: 410818-7482, 410-5196888 www.pastortaiwoodubiyi.org.uk

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Some Immigrants are 5 Months to Green Cards


The journey was very long; it started in the year 2001. There were lots of twists and turns along the way, sometimes frustrating, sometimes hopeless, but the good news is that in about 5 months from now, these immigrants will cross the finish line and finally obtain their permanent resident statuses in the United States. About a year and half ago, the hope of these immigrants were raised. They were less than a month to their green cards only for their hope to be dashed in February 2011 when the U.S. Department of State Visa Bulletin suddenly went backward by 2years and left these immigrants counting again. I am talking about those immigrants who filed petitions through their brothers and sisters before April 30, 2001. According to the U.S. Department of State Visa Bulletin released for the month of March 2012, the 4th family sponsored preference category relating to petitions filed for the benefits of brothers and sisters of U.S. citizen petitioners is showing October 8, 2000. In the past few months, the 4th category has been moving one month at a time every month. If this trend continues, majority of immigrants who were filed for by their U.S. citizen brothers and sisters before April 30, 2001 will be eligible to obtain their permanent resident cards in another 5months. USI News will continue to furnish the general public with the needed information as the crusader of immigrants rights in the United States to enable many immigrants who are ignorant of how the visa bulletin works take the necessary action timely to obtain green cards. It is important to note that any of these immigrants in the United States or outside the United States will need the service of a qualified immigration attorney to complete the process of obtaining green card. If you are in the United States, you will need to retain an attorney now, so that your attorney can inform the National Visa Center of your intention to apply for your permanent resident status in the U.S. Many of the immigrants who were filed for by their brothers and sisters received letters from the National Visa Center advising them to pay the sum of $404 for their immigrant visa and $88 for affidavit of support. If you are in the U.S., please do not pay these stated amount. These fees are for immigrants who are outside the U.S., if you pay, you will be wasting your money, misleading the National Visa Center. This error could delay your desire to obtain green card in the U.S. When you make these payments, you are telling the National

Visa Center that you intend to obtain your immigrant visa at the U.S. Embassy abroad which is wrong. Please note that any immigrant who has overstayed their authorization or resided unlawfully for over a year in the U.S. who travels abroad cannot come back for 10years. It is called self deportation. All immigrants must be very careful. Please do not be penny wise and pound foolish. Seek the advice of an immigration attorney.

It is important that you complete the 10years journey well with your green card in your hand.

Most if not all immigrants seeking to obtain their green cards through the petitions filed by their brothers and sisters before April 30, 2001 will surely need to pay a penalty of $1000 under Section 245()i) of the Immigration and Nationality Act for overstaying in the United States. It simply means that the filing fees alone will cost over $2000, by the Also note that if you time you add the attorfile the application for neys fee, the total will adjustment of status come to about $5000. prematurely, you could This is the time to start also lose your money. to save money towards At the end of the the filing which will be process or before you due in a few months. are scheduled for interview, your applica- I recently discovered tion could be rejected that some immigrants for filing prematurely. made a fatal error when

the petitions were filed. Some of them entered the United States with someone elses passport and they wrote in the petitions filed by their siblings that they entered legally. This is a clear admission of fraud which will create another problem for such immigrants at the time of adjustment. Any immigrant in this category will need waiver of the fraud. Waiver is not easy to get, therefore, if you are in this class, it is important that you start to talk to an attorney now.

ual peculiar situations. It is not also a representation of any future outcome. If you have any question or need any legal representation, please feel free to contact Attorney Famuyide at 718-6476767 or send email to jfamuyide@aol.com. USI News

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EDITORIAL CREW PubLIshER AnD EDITOR In ChIEf EDITOR mARkETIng mAnAgER gRAPhIC DEsIgnER InTERnATIOnAL CORREsPOnDEnT InTERnATIOnAL CORREsPOnDEnT WORLD nEWs CORREsPOnDEnT COLumnIsT JOsEPh ROTImI fAmuyIDE, Esq. DEbORAh O. fAmuyIDE gLEnDA L. CRuz gRACE fADEyI DAvID fAmuyIDE (DfAms WEb & gRAPhICs) OmOLOLA JEROmAn, Esq. AyObAmI ODEyEmI OLufEmI ADEyEmI PLACID AguWA, Esq. DR. OLuWATOyOsI DAIRO yOmI AJAIyEObA, Esq. gRACE ELEDAn PAsTOR AbRAhAm ObADARE LIsA-AnnE RAy-byERs DR. AkInyELE ERIC DAIRO, mD nORkA bLACkmAn-RIChARDs TAIWO ODubIyI

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
ALL
sysTEm OR TRAnsmITTED In Any fORm OR by Any fORm OR by Any mEAns- ELECTROnICs OR mEChAnIPubLIshER. ThE PubLICATIOn Of Any mATERIAL shALL nOT mEAn ThAT ThE COnTEnT Is EnDORsED. WE OR Runs COnTRARy TO OuR gOALs. nOT bE LIAbLE. RIghTs REsERvED, nO PART Of ThIs PubLICATIOn mAy bE REPRODuCED, sTORED In A RETRIEvAL

CAL InCLuDIng PhOTOCOPyIng, RECORDIng OR OThERWIsE WIThOuT ThE WRITTEn PERmIssIOn Of ThE REsERvE ThE RIghT TO REJECT Any mATERIAL submITTED fOR PubLICATIOn If ThE COnTEnT Is OffEnsIvE ThAT Of ThE ADvERTIsER, usIn AssumEs ThE ACCuRACy Of ALL ADvERTIsEmEnT, ThEREfORE, WE shALL AbILITy WhATsOEvER shALL bE LImITED TO ThE COsT Of sPACE OCCuPIED by ThE ADvERTIsER.

LIAbILITy fOR mIsInfORmATIOn In Any ADvERTIsEmEnT Is sOLELy

usIn shALL nOT bE hELD LIAbLE fOR Any ERROR In Any ADvERTIsEmEnT AnD Any LI-

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Evang. Joseph Famuyide

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Tel: 347-257-4244

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Married. But Single (Part 2)


life a living hell. Other areas of that persons activities are usually affected negatively. For some people their businesses or children may become neglected, their appearance also is allowed to degenerate. We have seen many people who either lose weight drastically or put on a lot of weight putting their health at risk just because things are not going on well in their relationship with their spouse. For people in ministry, the spiritual energy is sapped because there is no accord from the home front. THE WEAPON OF SILENCE There are many areas that I have identified which we cannot exhaust here. One of the areas is when the spouse ignores or puts off dealing with the issue of loneliness or silence that occurs in a marriage relationship. One woman said in the book, Magnificent Marriage by Gordon MacDonald that, there is a limit to how long you can be ignored and put off. You threaten to leave without meaning it until you keep the threat. You consider all the unpleasant consequences until they dont seem unpleasant anymore. You decide that nothing could be more unpleasant than being alone. You finally make up your mind that you are an individual. You assert your ego and join womanhood again. Silence is a weapon that both parties use frequently to try to force the other party to submit over an issue. If care is not taken this may develop into a pattern that sends the other party into a relationship that they have no business developing. Gordon MacDonald states in the book mentioned above that, Silence is most dramatic when a couple crawl into their double bed at night. There they lie, geographically six inches apart. But the silence gives the emotional sense of being ten miles apart. They almost feel the imaginary spatial distance as they maintain very correct supine positions. No one dares move a leg, arm, or hip towards the middle of the bed, for fear that an accidental touch might signal the resumption of a conversation, or even horror of all horrors, indicate a desire to apologize and surrender the issue The drama described above can make marriage very interesting if it happens on very rare occasions but can create a very great vacuum that may be very difficult to fill if it persists because sometimes one of the parties may decide to move out of the bedroom. When communication

Re. Grace Eledan USI News Columnist Marriage is one of the most interesting topics to a great majority of people. The reason for this is not farfetched. Marriage is centered on emotions which many times are sporadically good, lukewarm or just plain bad. In the last issue we discussed how insensitivity in the way that a spouse lives his / her life can affect the well being of the marriage. For instance, work schedules, hobbies, friends and family or ministry commitment can affect the health of a marriage negatively if all the activities are not properly balanced. Sometimes, this happens unintentionally or in some cases, consciously because of unresolved issues. In any case, one person or both parties always end up feeling very alone. Gods design for marriage is that the man should leave his parents and cleave to his wife in oneness, companionship, comfort, sharing, and knowing. When a marriage is centered on only bad emotions, it can make

breaks down, some couples go off on their own to do the things they used to do before they were married. So even though physically they are not separated, it is as if they are married but living a single life where they are not accountable to anyone especially the spouse. SINGLE PARENTING WITHIN MARRIAGE This sounds like a metaphor. Parenting should be done by both parents but it has been seen that sometimes only one parent, usually the mother is

deeply involved in the upbringing of the children. Many men feel that their role is just to bring in the money and everything else does not concern them. The children you find are constantly with their mother and the father is usually not available because the mindset is that it is the womans role to raise the children. So in the household there grows a wall of partition separating the father from the mother and the children. Some women too hoard the affection of the children so much so that it is difficult for contd on pg 5

the children to relate with their father. It is necessary to assess your situation and find out if you are parenting alone or you also allow your husband to have a say in how the children are raised. He is capable of babysitting when he is available so that he can bond with the children. Doing things together with the children creates a healthy ground for family fellowship. A V O I D I N G DIVORCE The option that most people choose is either to separate or divorce

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order to help prevent bleeding. 4. Plasma is made up of water, proteins, salt, sugar, fat, hormones, vitamins, etc. Knowing what the functions of the components of our blood are, we realize that Pastor Abraham Obadare truly, the life of the flesh is in the blood. USI News Columnist obadare@christapostolicchurch.org Now all I have said has to do with the human The Bible says, The blood, how much more life of flesh is in the the blood of Jesus blood Lev. 17:11 Christ. This means there is no life without blood. What Is The DifferThis is easily under- ence Between Human stood in that, as we Blood And The Blood know it, if anyone is in Of Jesus? a situation where there The life that is in a is too much loss of human being can still blood, the person may die, but the life that the die - because life is in blood of Jesus gives is the blood. eternal (Jn. 6:54a) When a person suffers The life that in from blood disorder, human beings can be he or she may require contaminated, but that frequent blood transfu- of Jesus is pure. sion in order to prevent If one comes in death; and soon as the contact with infected person receives the human blood, one needed blood, they are could catch a disease good to go because but if you contact the life is in the blood. blood of Jesus, you Human blood has life in it because of its component: Red cells, White cells, platelets and plasma. 1. Red blood cells help carry oxygen from the lungs to the rest of the body tissues and bring back carbon dioxide to the lungs so that it can be exhaled. 2. White blood cells are the ones that help defend the body against diseases in general. 3. Platelets work with clotting components in

THE BLOOD

God for Jesus. The power of the blood of Jesus: A. Power for Washing (song: - What can wash away my sins, nothing but the blood of Jesus) 1. Jesus blood cleanses peoples conscience from dead works Heb. 9:14; Rev. 1:5 (without cleansing with water, we will stink. So without cleaning with the blood of Jesus, our attitudes stink). 2. Jesus blood brought about forgiveness of sin because it is the blood of the new covenant that was shed for the remission of sins (Mat. 26:28); Heb. 9:22,

become cured of diseases. During human blood transfusion, the receivers name, ID, date and other pertinent information must be labeled on the blood pouch in order to avoid giving the wrong blood type; but the blood of Jesus is good for all people. Jesus blood is only one type good for salvation healing, protection and victory for all people, regardless of race, creed, sex, age, etc. Glory be to B. Suitable for Drink-

ing (John 6:53-56) Refreshing and sustaining power through Drinking (brings vitality, sustainability, etc.): Just as one would stink without washing, so would one faint and die without drinking water. Without drinking the blood of Jesus, one has no life; even though one may be alive physically, just as the people Jesus was addressing in this passage were. He was offering them the life that could connect them with God. Jesus said, if you drink the blood: You have eternal life because you will be raised in the last day - (Jn. 6:54) You abide in Him (Jn. 6:56). When

you drink water you experience inner satisfaction, your thirst is quenched; so it is when you drink the blood of Jesus, you experience a solid relationship with God that brings inner satisfaction. You will live forever like Jesus who feeds of His father. How do you drink the blood of Jesus? It is a heavenly mystery received by faith in Christ and the workings of the Holy Spirit. To drink the blood of Jesus is to wholeheartedly absorb by faith all the works that the blood is sent to do cleansing and victory. It is to know that just as food and drink nourish the flesh, so

does the Lords Supper nourishes and strengthens our souls. Remember that we are the body of Christ and everybody needs blood to survive. Therefore, as a Christian, the only way to survive is to drink the blood that was shed for you. C. Power of Peace & Reconciliation (Col. 1:20): Jesus reconciled all things, both in heaven and on earth, and then made peace for us with God - through the shedding of His blood. D. Power of victory: Gives people victory over Satan Rev. 12:11. This is why it makes sense when we say we plead the

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What If Forgiveness Were All We Had to Offer?


of the earth. Believing that they could, the killers went on a rampage throughout the country butchering any Tutsi or Tutsi supporter. It is estimated that close to a million people were murdered. Ironically, all this occurred in Rwanda while the world stood by watching - clueless. There was very limited to almost no ally intervention. Rwandans were literally abandoned to their own fate. If youve seen the movie: Hotel Rwanda, you also saw the horror of that event through the eyes of another amazing survivor Paul Rusesabagina, who sheltered 1268 Tutsi and Hutu refugees at the Milles Collines Hotel in Kigali. Hotel Rwanda is yet another depiction of the same genocide Immaculee survived - a blood-bath that rocked a beautiful African nation to pieces. To survive and remain rational during her hiding Immaculee retrieved into herself and held on to her faith. She used the memorization of Bible texts and prayer to keep psychologically sane. Immaculee tells that she realized that her battle for survival had to be fought inside of her. She held on to everything strong and good in her. She goes on to say, that in spite of all the overpowering pain, fear, and desolation that reigned in Rwanda, she knew that she had to hold on to God, If I lost my faith, I knew that I wouldnt be able to survive. I could rely only on God to help me fight. But while Immaculees survival is extremely remarkable, it is not the greatest triumph of this amazing story. After the war Immaculee goes back to her village to find out how her family was killed. After re-living the gruesome details she decides to go to the prison and confront the alleged killers of her family. Once there, they indeed confess to the awful crimes. But, then in response to their confession Immaculee does something totally unexpected: she forgives the killers to their faces. The prison guards become upset. They expected her to spit on the killers and curse them in anger. Instead she utters three simple but profound words: I forgive You. When the confused guards ask her why she would do such a thing, she states: Forgiveness is all I have to offer That evening, while I listened to Immaculee recount her story I could not help but marvel at her grace and the great peace she seemed to exude. While in her address Immaculee recounted some of the details that I had already read in her book, it was still very refreshing. I realized that it was one thing to read the story and another to hear her tell the story with such honesty and simplicity. I was blown away because she truly portrayed a person that is at peace with herself and others. Her peaceful countenance made me think about myself. Do I reflect such peace? But then I also realized that I can only reflect peace, if peace is a reality in my life. We cannot fake peace. I also know that peace cannot come to us if our hearts are filled with resentment and anger. And perhaps this is why Immaculee exudes such peace because she is not holding on to resentment towards those killers. She realized that the killers were the product of an environment that was nurtured by hate and anger towards their own bothers and sisters. The killers simply acted out the poison they had been fed with for years. This also made me think about our children. What emotional ad spiritual environment are we providing for them at home? If its one filled with poison - hateful words and nasty attitudes - then we can be sure that our children will take these out into the world. And as a consequence they will produce their own small-scaled emotion-

Norka Blackman-Richards USI News Columnist On January 20, 2008, I was privileged to personally meet the author of Left to Tell: Discovering God Amidst the Rwandan Holocaust. In this book the author, Immaculee Ilibagiza, writes a beautiful memoir of her life as a college girl and how she survived the Rwandan genocide. The Rwandan genocide occurred in 1994 and it was the internal conflict between the Hutus and the Tutsis. Immaculee survived huddled in a small bathroom, four feet long and three feet wide, with seven other women for 91 days. If the trauma of that experience were not bad enough, Immaculee had to live with the mental torture of hearing the killers chanting her name. One of them said, I have killed 399 cockroaches. Immaculee will make 400. Its a good number to kill. They had already massacred her family and they knew that she was alive. Machetes in hand and blood-thirsty they vowed to wipe all Tutsis from the face

al genocides on the lives of others. Furthermore, perhaps very few of us will ever experience even a quarter of what Immaculee went through in our entire lifetimes. But weve all been hurt by people, and we all struggle with forgiveness. In fact, weve all experienced hurt by the people closest to us our family. And often this pain is the hardest one to heal. But what if, like Immaculee, forgiveness where our only choice - the only thing we would choose to offer? Often times in families things happen that drive them apart. Mean words, selfishness and malicious attitudes create painful wounds. These wounds fester unhealed and become deep-seated, alienating people who share the same blood. This type of deep seated resentment in families often transcends from one generation to another. The seed of unforgiveness can divide a family unto its own destruction. Jesus himself said it, .Every kingdom divided against itself is brought to desola-

tion; and every city or house divided against itself shall not stand (Matthew 12:25). This is the reason why the ability to forgive is fundamental for the emotional and spiritual health of a family. Learning to accept our faults and forgiving the faults of others will always keep a family united. We are slow to forgive because we believe that it will mean giving the person responsible for our pain a free pass. However, forgiveness is not for the perpetrator. Forgiveness is for you. It releases you from carrying the burden of the pain. It liberates you to live your life in peace and with grace. It is all you have to offer. Norka BlackmanRichards, is an adjunct lecturer for CUNY, a writer, a ministers wife, and an empowerment speaker on women, education, family and cultural issues. Norka is also the president of 4 Real Women International, Inc. You may visit her site at w w w. 4 r e a l w o m e n . com

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USI NewsRack Locations in New York City

BROOKLYN
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

QUEENS
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

MANHATTAN
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
Neighborhood

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

THE BRONX

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

STATEN ISLAND (NEW)


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

contd from pg 21 blood of Jesus over all victory, it was not free. satanic influences and Jesus paid a price, even His life on the cross. plagues. So the cost of your E. Power to Purchase cleansing, victory and / Redeem: The blood salvation is the blood is the price Jesus paid of Jesus. The least for the salvation of we could do is to say mankind. Jesus pur- thanks by yielding chased us with His our lives to Him. This blood Acts 20:28; 1 Jesus is the only One Peter 1:18-19; Heb. worthy to open the 9:12. Now, as a be- book with the seven liever, you are worth seals (Rev. 5:1-9). something. The power Anyone who is still remains; anyone who on earth after the seals comes to Christ today have been opened will will be purchased by not be able to make it. the blood. Hallelujah, Repent now and let the the price has been paid. power of the blood of Jesus cleanse you and For us to enjoy this you will be saved. blood which washes, removes thirst, brings 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 up with us on our 24 hours internet radio at www.eagernessofgod. org Our web address is www.wosem.org 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 & Thursday @ 5:30pm Worldwide: LifezoneTV www.lifezonetv.com/index.html on Monday @ 6:30pm

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Update on Provisional Waiver for Immigrants Who Entered Without Inspection


In the last issue of USI News, we informed our readers about the U.S. Citizenship & Immigration Services intention to create a provisional waiver program to alleviate the suffering of some immigrants who are stranded in the United States due to their mode of entry. Many of our readers who will be eligible for this provisional waiver will definitely be curious about any update. The process of creating or changing a regulation in the United States is a long one. Usually, when the draft regulation is put together, the agency will invite comments from the public and stakeholders. After all comments are considered, them the final regulation is published in the Federal Register. The provisional waiver regulation is currently at the comment stage, it is projected to be released in the spring that is by April or May. Below is a quote from the memo released by the U.S. Citizenship & Immigration Services recently about the update; USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful

presence bars before leaving the United States. These procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS plans to publish a notice of proposed rulemaking in the coming months and will consider all comments received as part of that process before publishing a final rule. Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting this new process and we will return the application package and any related fees to the applicant. USCIS cannot accept applications until a final rule is

USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.
issued and the process change becomes effective. Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting uscis.gov/avoidscams. time to get married. Make sure you begin to document your marriage immediately. It is also good for you to consult with an attorney before going to the registry to get married to be sure that there are no other impediments to obtaining your green card. you file for the provisional waiver.

If you already have an immigrant visa interview with the U.S. Department of State, we strongly encourage you to attend. The Department of State may cancel your immigrant visa registration if you fail to appear at this interview. This program will benefit the immediate relative of a U.S. citizen. If you are currently living with a U.S. citizen with the intention of getting married, but you have put away marriage because the law is not favorable, it is now

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 AtOnce you are married, torney Famuyide at please get your lawyer 718-647-6767 or send to file your petition your e-mail to jfamuyfor alien relative im- ide@aol.com. mediately so that you can be in front of the USI News line when provisional waiver regulation is finalized. It appears that you will need an approved petition before

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Vol.5 No. 72- March 1, 2012

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GUINEAN IMMIGRANTS IN FRANCE SEND FOOD HOME ONLINE


Intercontinental grocery shopping, a recently launched website offers a new way for Guineans abroad to support family back home. As an alternative to traditional funds transfer companies, Wontara.com gives Guinean migrants the opportunity to buy groceries online so recipients in Guinea can immediately pick them up from their local grocer against a simple phone transaction, or even have them delivered to their home. Forty one year-old Guinean engineer, Aboubakar Kourouma-founder of the project, said this esocial transfer is a new concept that aims to ensure food security and contribute to the local economy. Kourouma came to France six years ago with no papers. The idea for Wontara came to him while working illegally in a bakery. He said he wanted to change the money transfer system used by many like him because traditional money transfer methods are expensive and not available for those who live far from a big city. For now, Wontara.com is only available for Guinea, but Kourouma said they are working on expanding it further, starting in the West Africa area. Soon the website will provide ways to pay for school supplies, medicines, or even electricity bills, he said. With this social business concept, Kourouma won the RE THINK prize from the prestigious French business school H.E.C (Haute Ecole de Commerce). There is a very large population of Guineans outside, who send approximately 60 million United States dollars every year, and the dollars are very wrongly allocated, with enormous commissions taken by the traditional money transfer firm. A report by the African Development Bank and the World Bank last year estimated that about 30 million Africans live outside their home countries, but African governments have not realized the full economic benefits of remittances, which accounted for 40 billion United States dollars betweew 1990 and 2010.

A N U R S I N G A S S I S TA N T A R R A I G N E D F O R F O N D L I N G P AT I E N T.
A former Wishard Nursing assistant accused of fondling a patient, appeared in an Indianapolis Court. The judge appointed a public defender and entered a not guilty plea on his behalf. But the police said the evidence against Folajuwoni Ajayi pointed to guilt. His immigration status, though, could help him avoid jail term, as he is likely to be deported. Ajayi is scheduled to face trial for one felony and two misdemeanor charges on April 2, 2012. Court documents indicated while working at Wishard Memorial Hospital, the certified nursing assistant fondled an unconscious inmate being treated in the hospitals detention area and videotaped it. According to the probable cause affidavit, Ajayi s cell phone video showed a black male removing the clothing materials around the female patient and fondled her genital area. Police said a fumbling Ajayi accidentally video-taped his Identity card that hung around his neck. The court document said the video showed Ajayis name and the title. It is always disturbing when someone in a position of trust violate that trust, said Eric Schmadeke, Marion County Deputy Prosecutor. Ajayi holds resident alien status. Police and prosecutors have alerted Immigration and Customs Enforcement. Olakunle O. Bolarinwa, Is a Nightline Family Member Of The Voice Of America {VOA}. E-mail: busayj@gmail.com

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Marijuana is a drug made from the dried leaves and flowering tops of a plant called Hemp. Its scientific name is Cannabis sativa. According to Websters dictionary, its a preparation obtained from flower clusters, stems and leaves of the cannabis plant, usually smoked or eaten to induce euphoria. It has a variety of street names such as weed, grass, pot, smoke, reefer, herb and Africans call it Igbo. Marijuana has been in existence for over a decade and its one of the most commonly used drug in the world to change mood, perception and to get high. Many people consider marijuana as a

prescription for illness, to stimulate appetite, relieve chronic pain and to treat asthma. But does its clinical benefits compensate for its effect, which includes respiratory problems, increased heart rate and blood pressure, provoking spiritual experiences and as an intoxicant. Should it be legalized? Is medical marijuana worth the risks of legalizing it? These are the questions we need to answer before making the decision of legalizing marijuana. As a nursing student and a youth leader, I object to the idea of legalizing marijuana because of its effect on the youth. The youth

Medical Marijuana
are organizing different clubs and associations to eradicate the use of drugs and to bring awareness to their communities with regards to the effect of drugs on the society. People of different color, races and religions now donate their time and money for the fulfillment of this motive. Because we believe that if the use of drugs can be eradicated or reduced among the youth, crime rate will also diminish and our schools and our community will become safer. But if the government fails to realize that the future of a nation lies with the youth and if marijuana is legalized it will create

more problems for the therapy in cancer pasociety and the nation tients as well as for the in general. restoration of appetite in people with AIDS. There is a lot contro- More so, its primary versy surrounding the active component, delmedical use of mari- ta-9-tetrahydrocannabjuana even though its inol (THC) is availadvocates believe that able by prescription it is the best pain treat- in pill form, but users ment. It is also consid- say its not as effective ered very effective in as smoking the real treating the nausea and herb. In 1999, the Invomiting that come as stitute of Medicine, in side effects of chemo- the most comprehen-

sive study of medical marijuana concluded: Nausea, appetite loss, pain and anxietyall can be mitigated by marijuana, but the 2005 Raich Supreme Court decision does not support the legalization of marijuana because of the toxicity of marijuana smoke which is hoped that further research would lead to the develop-

contd on pg 27

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187-08 Linden Blvd St. Albans NY 11412

contd from pg 26 ment of a new delivery system, such as a bronchial inhaler. Many research and articles have proven that legalization of medical marijuana is damaging to human health. Researchers have found that TCH; the primary active component of marijuana have bad effect on the brain. According to an American pharmacologist, Williams A. Devane, TCH suppressed the action of neuron the information processing unit of the hippocampus and the activities of nerve fibers which indicate a change and weakening in the brain for long time usage of marijuana. I believe the people advocating for the legalization of marijuana have a special interest in it, may be for business purposes. Some people use it while some sell for money. Since there is no credible proof of its medical necessity, it has been found that it is not without side effects while it helps alleviate some of the medical conditions that respond to its use. The office of the National Drug Control Policy has opposed the legalization of the medical use of marijuana, citing law enforcement issues and the possibility that some would use it as pretext to sell marijuana for nonmedical use. Because marijuana is yet to be approved for medical use (officially), supporters of this idea appear resolute in their mission to get a nationwide approval.

A recent visit I made to a hospital practically opened my eyes to the terror marijuana can unleash on its user. I came across a pregnant woman who was in so much pain that the medical team had to do one test after the other in a bid to save the life of her unborn child. This womans pain got to an unbearable level. At that point, I concluded that marijuana use does more harm than good. According to the doctor in charge, such a child might develop Down syndrome and / or some other deformity that will remain with him / her for life. He further explained that a nursing mother who uses marijuana runs the risk of passing TCH to the child through her breast milk and this can impair an infants motor development.

I believe the welfare of the people should be the first thing to put into consideration before approving marijuana for medical uses. The adverse effect of marijuana use on the youth and the safety of individuals must be considered before the personal and selfish gains of its promoters. With the right plans such as rehabilitation centers and other programs, government agencies can help bring hope to people who are already addicted to this drug. Akinwale Oguntuase link4joy2000@yahoo.com

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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.

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


An alien convicted of possession of marijuana with intent to distribute under State law has the burden to show that the offense is not an aggravated felony because it involved a small amount of marihuana for no remuneration within the meaning of 21 U.S.C. 841(b)(4) (2006), which the alien may establish by presenting evidence outside of the record of conviction. Matter of Aruna, 24 I&N Dec. 452 (BIA 2008), clarified. FOR RESPONDENT: Nikolay Iordanov, Esquire, Falls Church, Virginia FORTHEDEPARTMENTOFHOMELANDSECURITY: AdamL. Berg,Assistant Chief Counsel BEFORE: Board Panel: PAULEY, MULLANE, and GUENDELSBERGER, Board Members. PAULEY, Board Member: In a decision dated on July 26, 2011, an Immigration Judge found the respondent removable as an alien convicted of a controlled substance violation under section 237(a)(2)(B)(i) of the Immigration and NationalityAct, 8 U.S.C. 1227(a)(2)(B) (i) (2006), but not as an aggravated felon under section 237(a)(2)(A)(iii), and granted him cancellation of removal pursuant to section 240A(a) of the Act, 8 U.S.C. 1229b(a) (2006). The Department of Homeland Security (DHS) has appealed from that decision. The appeal will be dismissed in part and the record will be remanded to the Immigration Judge for further proceedings. I. FACTUAL AND PROCEDURAL HISTORY The respondent is a native and citizen of Bolivia and lawful permanent resident of the United States. On October 10, 2010, he was convicted in the General District Court of Montgomery County, Virginia, of the misdemeanor offense of possession with the intent to give or distribute less than one-half ounce of marijuana in violation of section 18.2248.1(a)(1) of the Virginia Revised Statutes, for which he was fined and sentenced to 12 months of imprisonment, with 11 distribute was not for an aggravated felony because the offense involved a small amount of the drug and the alien intended its distribution to be for no remuneration within the meaning of 21 U.S.C. 841(b)(4). If, as we conclude, the answer is in the affirmative, we must further decide if the Immigration Judge correctly determined that the respondent has made this showing based on the facts ishable under the Controlled Substances Act (21 U.S.C. 801 et seq.). The United States Supreme Court has held that a state offense constitutes a felony punishable under the Controlled Substances Act only if it proscribes conduct punishable as a felony under that federal law. Lopez v. Gonzales, 549 U.S. 47, 60 (2006). Thus, for a State drug offense to qualify as a drug trafficking crime and, by extension, an aggravated felony, it must correspond to an offense that carries a maximum term of imprisonment exceeding 1 year under the CSA. Id. at 56 & n.7. In Matter of Aruna, we addressed the question whether the respondents 2007 conviction for conspiracy to distribute marijuana in violation of Maryland law was for an offense that proscribes conduct punishable as a felony under the CSA within themeaning of Lopez v. Gonzales, 549 U.S. at 60, such that it may be considered a drug trafficking crime and, by extension, an aggravated felony. We held that absent controlling precedent to the contrary, a State law misdemeanor offense of conspiracy to distribute marijuana qualifies as an aggravated felony under section 101(a)(43)(B) of the Act where its elements correspond to the elements of the Federal felony offense of conspiracy to distribute an indeterminate quantity of marijuana, as defined by 21 U.S.C. 841(a)(1) and (b)(1)(D). The respondent in Matter of Aruna argued that marijuana distribution under Maryland law did not correspond to a Federal felony because 21 U.S.C. 841(b)(4) provides that an offender who distributes a small amount

Eric Holder U.S Attorney General

Matter of Wilmer Rodrigo CASTRO RODRIGUEZ, Respondent Decided February 14, 2012 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals
months suspended.1 Based on this conviction for a controlled substance violation, the Immigration Judge found that the respondent was removable under section 237(a)(2)(B)(i) of the Act. However, he held that the respondents conviction was not for an aggravated felony under section 101(a)(43)(B) of the Act, 8 U.S.C. 1101(a)(43)(B) (2006), which includes within the aggravated felony definition illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act) (CSA). In this regard, the Immigration Judge noted that under Matter of Aruna, 24 I&N Dec. 452 (BIA 2008), if the respondent proved that his State law conviction for distribution of marijuana involved a small quantity of the drug and that he did not intend to distribute it for remuneration, the offense would not be an aggravated felony for immigration purposes because of the mitigating exception in 21 U.S.C. 841(b)(4) (2006).2 The Immigration Judge found that the respondent was convicted of possession of less than one-half ounce of marijuana and that he credibly testified regarding his acquisition of the marijuana at a party for $100. Considering this evidence, the Immigration Judge determined that the respondent had shown that he was convicted of possessing a small amount ofmarijuana for no remuneration, which would be amisdemeanor under the CSA. Finding that the respondent successfully demonstrated that his conviction was not for an aggravated felony, the Immigration Judge concluded that he was not ineligible for cancellation of removal under section 240A(a)(3) of the Act. The Immigration Judge determined that the respondent was eligible for relief and granted his application in the exercise of discretion. The DHS does not contest the Immigration Judges determination as to discretion but argues that he misapplied Matter of Aruna, under which the respondents offense should categorically qualify as a drug trafficking aggravated felony. Specifically, the DHS contends that (1) the Immigration Judge erred in considering evidence outside of the record of conviction in reaching his conclusion and (2) even assuming that such evidence was properly consulted, it did not show that the respondent possessed a small amount of marijuana for no remuneration. II. ISSUES The question before us is whether an alien may present evidence outside of the record of conviction to show that a State law conviction for possession ofmarijuana with intent to of his case. The first issue is a question of law, which we review de novo. 8 C.F.R. 1003.1(d)(3)(ii) (2011). The second issue is more complicated with respect to the standard of review to be applied. We conclude that the determination whether the amount ofmarijuana is small is amixed question of fact and law that we review de novo, but that the issue whether the alien possessed marijuana with the intent to give or distribute the drug for no remuneration is a question of fact that we review for clear error. 8 C.F.R. 1003.1(d)(3)(i). III. ANALYSIS Section 101(a)(43) of the Act defines the term aggravated felony to include a drug trafficking crime as defined in 18 U.S.C. 924(c) (2006), whether in violation of Federal or State law. In turn, 18 U.S.C. 924(c)(2) defines a drug trafficking crime as any felony pun-

to be contd...

30

Reminder; Some Illegal Aliens Can Still Adjust Their Status in the United States

Vol. 5 No. 72 - March 1, 2012

www.usimmigrationnewspaper.com

Despite the drought of the passage of any immigration reform law for the last three years of President Obamas administration, some immigrants have been able to obtain their permanent resident cards while exploring loopholes in the law or through the assistance of the courts in interpreting existing laws. In the past few years we have seen piecemeal changes in the interpretation and enforcement of immigration laws. Immigrants must be very alert to seize every seemingly little opportunity that might open to enable them become stable in the United States. One of such bit-by-bit effort is the interpretation of existing laws by circuit courts that is the Court of Appeals in the United States. Now anyone who successfully entered the United States with fraudulent documents and can prove it will be able to adjust their status and obtain green card if he or she applies for waiver and the waiver is approved. In the case of Orozco v. Mukasey, the 9th Circuit Court of Appeals vacated its earlier decision that whoever entered into the United States through fraudulent means were not admitted for the purposes of adjustment of status. The Court of Appeal sent the case back to the Board of Immigration Appeals for a new decision which changed how the words inspec-

tion and admission are interpreted. Now the interpretation of the word inspected is changed to mean having contact with an immigration officer at the point of entry regardless of having fake documents and admission interpreted to mean having been given the go ahead to enter into the United States regardless of having fake documents that were not detected. This group of immigrants no longer needs to wait for the passage of Section 245(i) INA, they are now able to apply for adjustment of status. The benefit of this new way of interpreting this portion of the immigration law will take us back to the immigration era of the early 1980s during President Reagans administration when immigrants flourished in the United States.

There was a case called, In the Matter of Areguillin decided by the Board of Immigration Appeals on April 7, 1980, which interpreted the words inspected, and admission in this manner. In the Areguillin case, Ms. Areguillin testified that she crossed the Mexican-United States border in a car with two couples and another woman. She had no travel or entry documents in her possession at the time. She stated that the immigration officer at the port of entry looked inside the car, asked the driver a question, and then permitted the car and its occupants to proceed into the United States. She stated that the immigration officer personally asked her no questions. She apparently volunteered no information either. The BIA in this case concluded

that Areguillin was inspected and admitted into the United States and therefore was eligible for adjustment of status under Section 245. The Court concluded that Section 245 did not state that the alien must be lawfully and legally admitted as was concluded by the lower court. This is a very interesting development that will alleviate the sufferings of many immigrants. I must add though that it is not as easy as it sounds. In any immigration proceedings or interview, you proof your inspection and admission through the presentation of your I-94 card or the USCIS stamp in your passport, but immigrants who entered with fraudulent documents will have a problem of proving such. For those who took pictures at the JFK on the

day they entered into the U.S. with fraudulent documents, such pictures and the affidavit of those who picked them up from the airport will help support such claim. Another likely problem where the Department of Homeland Security might wait for some of the immigrants who entered with fraudulent documents through the Airports undetected will be the need to apply for waiver. Let me be clear, anyone who entered with false document has two problems. The first is the problem of entering with fake documents and the second is the issue of inspection and admission. The Orozco case and all other related cases will solve one problem and the immigrant will need to file an application for waiver to solve the second one. To apply for waiver,

you must have a qualifying relative such as a child, spouse or a parent who is a U.S. citizen or permanent resident alien. There are requirements for waiver, please do not file anything unless you have consulted with an attorney about your case. This article is for your information only; it is not a legal advice and should not be substituted for legal advice, which can only be given by an attorney after evaluating your peculiar situation. If you need more information, please visit our website at www. lawyerfamuyide.com or contact Attorney Joseph Famuyide at 718-647-6767 or via email at jfamuyide@ aol.com. USI News.

www.usimmigrationnewspaper.com

Vol.5 No. 72- March 1, 2012

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