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  1. Apr 7 - Immigration Absurdity

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------

    April 7, 2011,0407.shtm


    1. Comment: Immigration Absurdity - A video produced using

    animation technology

    illustrates the absurdity of the labor certification process. In

    the video, animated characters representing the immigration

    counsel and the HR representative at the sponsoring corporation

    discuss putting together a PERM case. Unfortunately, the alien in

    question is an Indian national, and due to the long quota waits,

    all those involved find themselves in an impossible Alice-in-

    Wonderland world. While decade long waits in the family area do

    not change familial relationships, employer-employee

    relationships are naturally less binding over such excessively

    drawn out time periods. With Congress still missing in action on

    the issue, we can but view this as a work of humor, since to view

    it as what it is - an accurate depiction of reality - is quite

    depressing. (The original video was brought to our attention by

    Sylvia Boecker.)

    2. Article: 112th Congress' Attempts to Amend the Immigration and

    Nationality Act: Are Some of These for Real or Are They Meant to

    be Jokes? April Fools! by Joseph Whalen,0407-whalen.shtm

    3. Bloggings: Obama administration has "ratcheted up"

    Deportations of undocumented DREAM Act students by Matthew Kolken,0407-kolken.shtm

    4. Bloggings: One Immigrant's 20-Year Journey to a Green Card by

    Carl Shusterman,0407-shusterman.shtm

    5. Bloggings: E2 Visa Investors - What you need to know about

    Trademarks! by Jacob J. Sapochnick,0407-immigrationlawblog.shtm

    6. News: USCIS Publishes QAs About Same Or Similar Occupational

    Classifications Under AC21,0407-ac21.shtm

    7. News: USCIS Publishes Minutes Of Asylum Division Quarterly

    Stakeholder Meeting,0407-asylum.pdf

    8. Focus: Immigration Practice By Robert C. Divine

    Immigration Practice by Robert C. Divine & R. Blake Chisam is an

    invaluable supplement to Kurzban's with a

    different approach. It is also useful to newer practitioners and

    paralegals in view of its easy to understand and practical style.

    For more info, see here.

    To order by fax, see here.

    9. Headline: RT @CarLeoRod Mexican immigrants at greater risk for


    Headline: RT @Immigration_Now immigration employment

    investigation turns focus on Alabama business

    Headline: RT @rjtimmigration Feds investigate immigrant

    harassment claims

    Headline: Members of Congress: White House resisting efforts to

    stop deportations of students

    Headline: the undocumented Georgia 7 have been released. please

    donate to their fund

    Headline: Seven Undocumented Students Arrested for Wanting an


    Headline: R.I. workers may face immigration checks

    Headline: California anti-illegal immigration bills die

    Headline: ICE Raid Leads to Arrests of Cerritos Business Owners

    Accused of Arranging Fake Marriages, Visa Fraud

    Headline: Controversy over immigration raid grows

    Headline: SC House to Begin Work on Illegal Immigration Bill

    Headline: RT @americasvoice ICE stalking parents and frightening

    children at elementary school in Detroit

    Headline: RT @DreamAct Photos courtesy of @UnivisionNews from our

    action in Atlanta.

    Headline: RT @Alltop_Politics Undocumented Youth Arrested at

    Protests for DREAM Act

    Headline: RT @Rontgen15 Support the Maryland DREAM Act!

    Headline: House Subcommittee Continues Assault on All Forms of


    Headline: We R pleased 2offer law firms a "marketing analysis

    report" learn more here:

    Headline: Nurse Immigration Book: your guide 4 preparing a case,

    understanding the nursing crisis & recruiting nurses. Get ur copy

    To submit an Article or a news item to Immigration Daily, write

    to Follow ILW.COM on Twitter:



    1. Help Wanted: Immigration Paralegal

    Newark, NJ - Mid-size gateway firm

    seeks paralegal on a part-time or contract basis, with future

    potential for full-time, to prepare full-range of business

    immigration applications (including H-1B, L-1, PERM, I-140). Must

    have BA degree with 1-2 years of business immigration experience

    and excellent communication and writing skills. Competitive

    compensation. Email resume, cover letter and salary requirements


    2. Help Wanted: Immigration Paralegal

    Raleigh, NC - Ogletree Deakins,

    a leading labor and employment law firm with offices located

    throughout the nation, has an immediate opening for an

    immigration paralegal in their Raleigh, North Carolina office.

    Qualified candidates must have extensive employment based

    immigration paralegal experience, preferably in a large law firm

    environment. Duties will include preparation and filing of

    petitions with a specific focus on labor certification

    applications. Our outstanding group of paralegals also compile

    and analyze case facts, draft correspondence, maintain and

    organize client documentation and have direct contact with

    multiple attorneys. Candidates must have extensive experience as

    a business immigration paralegal with specific experience

    drafting PERM labor certifications. Strong proficiency with MS

    Word, Outlook, INS Zoom and a document management system is

    required. Successful candidates will possess strong writing

    skills and have excellent attention to detail. The ability to

    multi-task and work independently as well as part of a team are

    also important to this position as well as outstanding case

    management and organizational skills. Send resume and cover

    letter with salary requirements to:

    3. Help Wanted: Immigration Attorney

    Raleigh, NC - Ogletree Deakins,

    a leading labor and employment law firm with offices located

    throughout the nation, seeks an immigration attorney with 3 - 5

    years of business immigration experience. Candidates must possess

    extensive experience with PERM applications, H-1B, L-1, TN and E

    visas. In addition, candidates must have experience working in a

    high-volume business immigration work environment. All inquiries

    are strictly confidential. Send resume and cover letter with

    salary requirements to:

    4. Help Wanted: Immigration Attorneys

    Washington, DC - The Office of the Chief Counsel (OCC), U.S.

    Citizenship and Immigration Services (USCIS), Department of

    Homeland Security, is seeking experienced attorneys with 3+ years

    demonstrated experience in immigration law for the Adjudications

    Law Division (ALD) in Washington, D.C. The attorneys will serve

    as advisors to the Chief of the ALD, the Chief Counsel, and to

    USCIS and other Departmental components on issues relating to

    U.S. immigration laws and adjudications. The successful candidate

    will handle ALD legal issues which include but are not limited to

    employment-based immigrant and nonimmigrant visa petitions;

    adjustment of status; naturalization and citizenship; parole;

    employment authorization; and alien registration. Applicants

    must possess a J.D. degree from an accredited law school, be an

    active member of the bar (any jurisdiction), and have 3+ years of

    post-J.D. experience in immigration law, with substantial time

    handling adjustment of status and/or nonimmigrant and immigrant

    petitions. For more info, key in Job Announcement Number: COU-

    CIS-2011-0003 at Submit cover letter,

    resume, and two writing samples to: Must

    be received by close of business, Friday, April 15, 2011.

    Position is at the GS-0905-13/15 level.

    5. CLE Immigration Event

    Memphis, TN - (May 13-14, 2011) The Federal Bar Association in

    conjunction with the Memphis Mid-South Chapter of the FBA; the

    Mid-South Chapter of the American Immigration Lawyers Association

    (AILA); and the U.S. District Court for the Western District of

    Tennessee, invite you to join us for one of the most exciting

    national immigration conferences available this year. The

    confirmed speaker line-up is a who's who of well-renowned AILA

    attorneys and government officials including Judges from The US

    Circuit Court of Appeals, the Acting Director of EOIR and other

    former and current Immigration Judges from across the country,

    and counsel from The Office of Immigration Litigation (OIL). This

    conference also offers the opportunity to hear from a panel of

    ICE and USCIS supervisors as they discuss various immigration

    issues that affect both the mid-South and the nation as a whole.

    Come mingle with faculty without large crowds. This intimate

    setting is perfect for both new and experienced practitioners

    alike. Program includes special tracks for pro bono attorneys as

    well as criminal lawyers. Earn up to 14 CLE hours (with a

    possibility of 3 ethics hours offered) and have fun, too. Early

    bird deadline is April 15, 2011. This Conference is limited to

    400 participants. For more information, including speakers,

    curriculum, see here.

    For online hotel registration, see here.

    6. Case Management TechnologyUse technology to leverage your

    immigration practice with INSZoom's powerful immigration case

    management products, which include 800+ forms updated within 24

    hours of release with no patches or required downloads. This

    online tool - accessible from anywhere and anytime - provides e-

    filing of 20+ essential forms and gives you access to client

    relationship management and practice management tools, group

    calendaring, emails, notes, reports, billing and invoicing

    modules, automatic email alerts and reminders, document storage

    and assembly, and many other immigration management tools. The

    online library of customizable questionnaires, letters & email

    templates, ability for clients to check case status online.

    Compliancy modules: I9, LCA, AR 11, PERM, optional services:

    credit card processing, Outlook & QuickBooks integration. An ISO

    27001:2005 and 9001:2008 certified company, INSZoom has been

    providing leading edge technology solutions for all sizes, from

    solo practitioners to large immigration law firms worldwide,

    corporations, universities and non-profit organizations since

    1999. The world's largest immigration software company, INSZoom

    delivers robust and flexible solutions customized to your

    practice's needs. Schedule a complimentary online demonstration

    by calling (925) 244-0600 or emailing

    Learn more about why INSZoom has a 99% customer retention rate at

    To place a classifieds ad in Immigration Daily, see here



    1. ReadersWrite: Yesterday's Discussion

    2. ReadersWrite: Today's Discussion

    To submit an Article for consideration, write to



    ComingsNGoings: Immigration Reading Irresistible Forces: Latin

    American Migration to the United States and its Effects on the

    South By Gregory B. Weeks and John R. Weeks - University of New

    Mexico Press, 288 pp. - Paperback, ISBN: 0826349188, $29.95 -

    Readers can share professional announcements (up to 100-words at

    no charge), email:


    The first daily in the field of immigration. Forward this to a


    Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X

    An Important disclaimer! The information provided on this page is

    not legal advice. Transmission of this information is not

    intended to create, and receipt by you does not constitute, an

    attorney-client relationship. Readers must not act upon any

    information without first seeking advice from a qualified

    attorney. Copyright 1999-2010 American Immigration LLC, ILW.COM.

    Send correspondence and articles to Letters and

    articles may be edited and may be published and otherwise used in

    any medium. The views expressed in letters and articles do not

    necessarily represent the views of ILW.COM.


    ILW.COM - the leading immigration law publisher

    ILW.COM, PO Box 1830, New York, NY 10156

    Over 50,000 pages of free information!

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  2. Feb 18 - Make Sure You Get It

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    February 18, 2009
    1.  Comment: Make Sure You Get It
    2.  Focus: Deadline For Removal For Experts Is Wednesday, Feb
    3.  Articles:
        (a) Three Basic Tips To Help Law Students Transition From
        Wallflowers To Networkers Extraordinaire by Paramjit L. Mahli
        (b) Hello, I Love You, Won't You Tell Me Your Name: Inside
        the Green Card Marriage Phenomenon by David Seminara for the
        Center for Immigration Studies
        (c) Immigrants Of The Week: Ram Shriram, Tapan Thakur, and
        Jin Kyu Robertson by Greg Siskind
    4.  News:
        (a) CRS Report On Worksite Enforcement
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorney
        (b) Translation Services
        (c) Case Management Technology
    6.  Headlines:
        (a) Rahm's Immigration Turnabout
        (b) Thirty-thousand Haitians Ordered To Leave US
        (c) Four More Expected To Plea Guilty In Immigration Case
        (d) Paths To American Dream Converge In Immigration Court
    7.  ComingsNGoings:
        (a) Immigration Event - Denton, TX
    8.  Letters From:
        (a) Justin G. Randolph, Esq.
        (b) Trivikram Krishnamurthy
        (c) Robert Yang
        (d) Robert Gittelson,0218.shtm
    Books On Immigration Law:
    Immigration Law Seminars:
    Immigration Law Workshops:
    To Get Clients:
    1.  COMMENT
    Make Sure You Get It
    Internet Service Providers (ISPs) are combating spam through a
    variety of filters and blocking software to trap emails before
    they even reach one's email inbox. The upshot is that many ISPs
    are incorrectly categorizing legitimate email as undesired and
    preventing these emails from ever reaching your inbox. If you are
    experiencing email delivery issues, your ISP may have blocked
    Immigration Daily delivery. To reduce the chances of this
    happening to you in the future, please add Immigration Daily
    ( to your email program contact list, mark the
    email as "not junk" or add it to your "white list"--whichever is
    applicable. This lets your ISP know that you want the email
    delivered and reduces the chance of it being blocked. In spite of
    this, If you do not receive your Immigration Daily issue anytime,
    please contact the customer service of your ISP to report the
    problem and let us know of the problem by writing to
    We welcome readers to share their opinion and ideas with us by
    writing to
    2.  FOCUS
    Deadline For Removal For Experts Is Wednesday, Feb 18th
    Wednesday, Feb 18th is the deadline for "Removal For Experts" a
    3-part telephone seminar series, the curriculum is as follows:
    FIRST Phone Session on February 19: Right to Counsel in Removal
    ++ Statute/regulations explaining the right to representation in
    removal proceedings
    ++ EOIR attorney disciplinary regulations
    ++ Lozada vs. Compean
    SECOND Phone Session on March 19: The Changing Definition of
    Crimes of Moral Turpitude
    ++ The Categorical and Modified Categorical Approaches
    ++ BIA Case Law with a Focus on Matter of Silva-Trevino
    ++ Federal Circuit Court Case Law
    THIRD Phone Session on April 16: Litigation Tactics in Removal
    ++ Motions to Continue, Administratively Close or Terminate
    ++ Motions to Change Venue
    ++ Motions to Suppress
    ++ Discovery
    ++ Contesting Charges in the Notice to Appear
    ++ Objections
    ++ Authentication of Documents and Responding to FDL Reports
    Don't wait to register. Wednesday, February 18th is the deadline!
    For more info, including speaker bios, detailed curriculum, and
    registration information, please see: Online: Fax form:
    3.  ARTICLES
    (a) Three Basic Tips To Help Law Students Transition From
    Wallflowers To Networkers Extraordinaire
    Paramjit L. Mahli writes "In today's fast-paced, global
    technological environment, law schools and students must realize
    that leaving law school with a good law degree is no longer
    enough to ensure professional success.",0218-mahli.shtm
    (b) Hello, I Love You, Won't You Tell Me Your Name: Inside the
    Green Card Marriage Phenomenon
    David Seminara for the Center for Immigration Studies writes "Are
    Americans the most beautiful, charming, and seductive people on
    the planet or are we in demand as marriage partners by those in
    the developing world in part because marrying a U.S. citizen is
    the quickest and easiest path toward becoming an American lawful
    permanent resident (LPR, also called having a "green card")?",0218-seminara.shtm
    (c) Immigrants Of The Week: Ram Shriram, Tapan Thakur, and Jin
    Kyu Robertson
    Greg Siskind celebrates the achievements of these immigrants.,0218-siskind.shtm
    To submit an Article for consideration, write to
    4.  NEWS
    (a) CRS Report On Worksite Enforcement
    The Congressional Research Service released a report on
    performance measures for immigration-related worksite
    (a) Help Wanted: Immigration Attorney
    Beverly Hills, CA - Busy immigration law firm has immediate
    opening for experienced, hard-working and creative self-starter.
    Candidate must be able to thrive in challenging, trial-oriented
    environment where deadlines are critical, must be active bar
    member (any jurisdiction), and have experience in handling
    nonimmigrant business and/or NIV visas and consular practice,
    PERM, family, removal proceedings, as well as BIA and Circuit
    Court Appeals, and federal litigation. Must have following:
    demonstrate quick analytical ability and facility to articulate
    critical issues in case; have superior oral and writing skills,
    strong research and interpersonal skills, and good judgment;
    possess excellent courtroom skills and exhibit ability to work in
    professional manner with others, demonstrate computer literacy
    skills. Expected to do own legal research and writing and to be
    substantially self-sufficient in preparing day-to-day
    correspondence/pleadings. Occasional travel required; bilingual a
    plus, but not essential (spanish or korean) No relocation
    reimbursement. Send cover letter, resume, + writing sample (max.
    10 pps. in MS Word or Adobe PDF format) to
    (b) Translation Services
    Eurasia Translations, Inc. has been proud to serve immigration
    attorneys and individuals since 1993 with the translation of
    personal documents, academic credentials, criminal clearance
    letters, etc. Our customers can rest assured that all of our
    translations are prepared in accordance with USCIS requirements
    and are accompanied by a notarized certificate of accuracy. For
    more information, please call 888-887-1884 or visit our website. 
    For a free quote, please complete
    or fax your document at 818-907-9763.
    (c) Case Management Technology
    Are you ready for the new changes in immigration? See why INSZoom
    has a 99% customer retention rate. Use our forms with peace of
    mind - 800+ updated within 24 hours of any new release, no
    patches or downloads. E-File 20+ forms. Access your firm's online
    database anywhere you have internet access. Client relationship
    management tools, practice management tools, group calendaring,
    emails, notes, reports, invoices, auto email alerts and
    reminders, document storage and assembly. A library of
    customizable questionnaires, letters and email templates
    included. Online access for clients to check case status
    included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
    services: credit card processing, Outlook & QuickBooks
    integration. One-time data entry and auto population into all
    documents will save you time and reduce errors. Customizable to
    support solo practitioners, mid-large law firms & corporations.
    We teach you how to customize the software to fit your processes
    and communication needs. Founded in 1999, INSZoom is a
    profitable, financially sound company, employing 100+ engineers,
    sales, and support staff. INSZoom is ISO 27001:2005 certified and
    the "world's largest immigration software company", built with
    flexible modules that allow you to manage and control technology.
    To schedule a complimentary online demo, call 925-244-0600 or
    6.  Headlines
    (a) Rahm's Immigration Turnabout
    It was not so long ago that Rahm Emanuel was on the House
    Democratic leadership team and being accused of throwing
    immigrants "under the bus" for the sake of strengthening
    Democrats' power in the House.
    (b) Thirty-thousand Haitians Ordered To Leave US
    U.S. immigration authorities say they've ordered 30,000 Haitians
    to leave the country.
    (c) Four More Expected To Plea Guilty In Immigration Case
    Lawyers expect plea agreements in the cases of four defendants
    who still face criminal charges from the federal immigration raid
    at the BP Whiting Refinery in December.
    (d) Paths To American Dream Converge In Immigration Court
    Each of 26 immigration judges presides over a tiny courtroom,
    with room for just a dozen or so spectators. On average, each
    judge hears more than 1,000 cases a year.
    For links to the above stories see here:,0218.shtm#Headlines
    7.  ComingsNGoings
    Readers can share their professional announcements (100-words or
    fewer at no charge), email: Readers
    interested in learning about featuring your event or conference
    in Immigration Daily, see here To feature your
    newsletter in Immigration Daily, see here
    (a) Immigration Event - Denton, TX
    March 12, 2009 - The University of North Texas is presenting a
    conference on immigration that will bring together nationally
    known figures and local experts to provide to the public a
    lively, balanced discussion of the challenges facing the US
    today. The conference is open to all and free of charge. The
    deadline to register is March 9, 2009. Tickets will be emailed
    after March 9, 2009 (include email address on the registration).
    Only 500 tickets available, register early,
    8.  LETTERS
    Readers are welcome to share their comments, email:  (300-words or fewer preferred).
    Many letters to the Editor refer to past correspondence,
    available in our archives.
    (a) Dear Editor:
    Mr. Murray's letter (2/13/09 ID), in response to a letter by Ms.
    Krishnamurthy (02/12/09 ID), makes the statement that the quota
    system is not discriminatory because it allocates the same number
    of visas to everyone regardless of national origin. However, a
    "per country limit"  which says we don't want too many of X to
    come here is discriminatory, if not on its face, through its
    effect. A person may agree with this discrimination but that's
    exactly what it is. It's not a surprise that immigration law is
    discriminatory as throughout its history it has been used by
    racists to restrict groups that were deemed "unworthy". Any doubt
    about this shows a basic ignorance of the history and the law.
    Furthermore, Mr. Murray's letter states that Ms. Krishnamurthy's
    letter  is attempting to "muzzle" the free speech rights of
    Americans as guaranteed by the First Amendment when her letter
    states that whether or not the American immigration system is
    welcoming is an opinion best left to those who actually go
    through it. This statement is nonsensical as the First Amendment
    is about the government restricting free speech rights. This
    comment shows a basic ignorance of our Constitution. Though Mr.
    Murray's letter is entitled to its opinion about whether or not
    our system is welcoming (it's not according to my clients who
    have to suffer through it) the letter writer is clearly not best
    position to make this assessment and neither are most Americans.
    As far as not allowing those who would immigrate to the US a
    voice about how to reform the system because of their prejudices
    and self-serving opinions I would add that Americans with
    prejudices and self-serving opinions on the matter should be
    excluded from the discussion as well.
    Justin G. Randolph, Esq.
    (b) Dear Editor:
    David Murray's letter (02/13/09 ID) asserts that my letter
    misrepresented INA 202(a)(2) in claiming that it is
    discriminatory. It is ironic that his letter quotes the preceding
    section, 202(a)(1), to refute my letter's claim. That section in
    fact owns up to discrimination in the INA. I remember the first
    time I read 202(a)(1) because I chuckled to myself when I read
    the following sentence (the first part of which Mr Murray's
    letter conveniently left out in his letter): "Except as
    specifically provided in paragraph (2) and in sections 101(a)(27)
    , 201(b)(2)(A)(i) , and 203, no person shall receive any
    preference or priority or be discriminated against in the
    issuance of an immigrant visa because of the person's race, sex,
    nationality, place of birth, or place of residence".
    Discrimination in the INA is not a matter of interpretation, it
    is enshrined in that very act as you can see. It is not everyday
    that you see the text of a discriminatory law admitting to the
    discrimination as if to say "that's the way it is, deal with
    it.". That said, I am surprised and sorry that my letter offended
    anyone. I would have been happy to engage in a discussion on per-
    country limits on immigrant visas. But I have always believed
    that when discourse degenerates into an argument on First
    Amendment rights, it has probably lost its value.
    Trivikram Krishnamurthy  Sunnyvale, CA
    (c) Dear Editor:
    Our constitution recognizes that all human beings are created
    equally, the Bible shows us that Jesus and all ancient Israelis'
    patriarchs were once refugees and immigrants themselves in
    foreign lands and teaches us to be Good Samaritans and sharing
    and loving unconditionally. Yes, I am a humanist and a globalist
    who believe that humanity must tear down the walls of apartheid,
    injustice, selfishness, greed and ignorance, not a selfish
    "faithful conservative" believer who cherry pick verses to
    justify their hypocrisies. Still, none here dare enough to answer
    my valid question about what rights given to them to establish
    labor, goods and services monopolies, to limit competition and
    choices on the market on goods and services and what rights also
    to give them rights to complaint about OPEC monopoly and
    manipulation on oil prices or other nations imposing trade
    barriers on US products and services or cable service monopoly
    with their jacked up price in their own towns. We must abolish
    welfare state, restore the integrity on Wall St. as a place where
    investors really want to invest in companies not trying to be
    speculators and treat it as a huge casino, and we must guarantee
    freedom of movement worldwide of self sufficient, skilled human
    beings who would like to trade the fruits of their labor, goods
    and services to highest bidders and buyers, without those losers
    trying to impose restrictions to discourage competition, and we
    should held our politicians and governments worldwide accountable
    if they don't protect the value of currencies, print money and
    spend recklessly and creating inflation everywhere and eating up
    our savings and prosperity.
    Robert Yang
    (d) Dear Editor:
    Jim Roberts's letter (ID 2/16/09), ends with the phrase, "Oh, I
    see, said the blind man." In terms of Jim Roberts letters that
    revolve around the theme of Restrictionism, perhaps a more
    appropriate phrase would be, "Oh, I see what I want to see," said
    the man wearing blinders. These blinders prevent one from seeing
    that at one time, everyone in this country, citizen or not, has
    an ethnic background, even if that ethnicity is Anglo-Saxon. I
    find the generalization of calling citizen members of any ethnic
    class less "American" to be offensive and xenophopic. I find that
    when the letter states that, "R. Yang and others claim to be
    Americans, but have globalist views which precludes nationhood,"
    I can't help but feel that the letter has an intolerant view of
    the constitutional rights of Americans that don't march in lock
    step with the letter's narrowminded views of how "Americans" are
    supposed to think. His letters advocate that we simply ignore the
    causes, and by enforcing the laws already on the books, then the
    "solution" will correct itself. This narrow minded "blinders"
    mentality is ludicrous, as it doesn't so much address the causes,
    and attempt to find workable solutions, as it does to sweep the
    problem under the rug, and who cares if we tear apart families,
    destroy lives, and devastate our own fragile economy? I honestly
    don't have a problem with the fact that the letters of Jim
    Roberts have a fundamentally different viewpoint as to what is
    best for this country. However, I have a huge problem with the
    fact that the letters assume a "holyer than thou" stance the
    precludes the chance that the letter might be wrong - or that
    people with other opinions might be just as American as the
    letter's author.
    Robert Gittelson
    The first daily in the field of immigration. Forward this to a
    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
    not legal advice. Transmission of this information is not
    intended to create, and receipt by you does not constitute, an
    attorney-client relationship. Readers must not act upon any
    information without first seeking advice from a qualified
    attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
    Send correspondence and articles to Letters and
    articles may be edited and may be published and otherwise used in
    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
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  3. The Mentally Incapable and Political Asylum; By Danielle Beach-Oswald

    Although it has long been established that immigrants have a right to legal counsel without any cost imposed on the government, the situation for one detained immigrant in York, Pennsylvania shows that it's time for the government to do much more to help those with mental health problems seek political asylum in the United States.
    Matter of M-A-M, decided by the Board of Immigration Appeals in May 2011, stated that aliens in immigration proceedings are presumed to be competent if there is no indicia of incompetency.
    To determine competency, an individual must be able to have a rational and factual understanding of the nature and object of the proceedings and must be able to participate in his defense. When the Judge finds an indicia of incompetency, the immigration Judge must make further inquiry to determine whether he or she is competent for the purposes of immigration proceedings. If it is determined that the alien lacks sufficient competency to proceed, the immigration judge must evaluate " appropriate safeguards". Clearly, the terminology here allows for tremendous discretion, but something must be done rather than inaction.
    An Associated Press Article on October 17th detailed the story of Derrick Cotterel. Mr. Cotterel, a Jamaican national, worked in agriculture for 10 years. Following a pay dispute with his employer, Mr. Cotterel was arrested and it was determined that he had overstayed his original visa. Judges in the York Immigration Court attempted to understand his case for political asylum, but given his severe language problems stemming from mental health issues, he faced tremendous difficulties in his case for political asylum. Although his asylum was eventually denied, it is now on appeal with the help of ACLU. Lawyers working on his appeal are making every effort to make sure that he receives the appropriate assistance, including a speech and language professional, to help him in his communications with the court. The Associated Press also noted how the ACLU is seeking a class action lawsuit in California to guarantee access to attorneys for mentally-ill detained immigrants in California.
    A few months ago, I recently represented a client before the Baltimore Immigration Court that also faced mental problems. It was clear that his language difficulties of my client, like that of Mr. Cotterel, would have made it impossible for him to seek political asylum. However, through persistent efforts and the assistance of mental health experts who showed he had developed severe Alzheimer's Disease,I was able to get the Immigration Judge to agree to conduct a competency hearing despite the government's objection. In this case it was also not clear that any nexus existed between his memory issues at present and the his past persecution. After a competency hearing, the Judge determined that my client would not have to testify at his immigration hearing due to incompetency under Matter of M-A-M and thankfully he was granted political asylum.
    But for people like Mr. Cotterel, the government must take action as he was unrepresented by counsel. The mentally ill victims of persecution are especially vulnerable if forced to return to their native countries. Those that are detained in criminal proceedings have access to mental health professionals that are able to make a determination that directly impacts their criminal trial. Despite Mr. Cotterel being in a detention center shared with alleged criminals, he was unable to receive access to mental health professionals that would have helped him in his bid for political asylum. The ACLU's efforts in California to gain access to attorneys for all mentally-ill detained immigrants is to be applauded, but more must be done.
    Mentally-ill detained immigrants should have access to not only attorneys, but also mental health professionals. This should be provided by the government in order to maintain a modicum of fairness. Otherwise, the mentally-ill victims of torture will face increasing hurdles with little hope of relief.
  4. PERM Workshop in San Juan, Puerto Rico on September 24, 2009

    by , 09-14-2009 at 07:14 AM (Joel Stewart on PERM Labor Certification)
    I will be in San Juan on September 24 giving an all-day workshop to the AILA group in Puerto Rico. The syllabus of the workshop is the following:

    September 25, 2009

    Session 1: Mechanics of a PERM Case

    Preparation of PERM: Understanding O"Net ABC's: Job Titles, Duties, & Occupations; Understanding Job Zones & SVP.
    Prevailing wage: Competency Levels, WageRanges, Educational Ratings, Schedule D Professionals, Filing at SWA's & Appeals to DOL.
    Problems Filing  PERM by Mail or Electronically, How to Avoid
    How to Technical Errors on Form 9089

    Session 2: Recruitment Process

    Regular Recruitment,: Notice of Filing, SWA Job Orders, and Tips for Advertising, Recruitment Requirements for Professional Jobs,  Recruitment Campaign from in 61 to 180 Days
    Ethical Issues: Review of Resumes, Contacting and Interviewing US Workers
    Recruitment Reports, Preparing the Record File and Supporting Documents.
    Schedule A: Nurses, Physical Therapists, Exceptional Workers in the Sciences or Arts, & Performing Artists

    Session 3: Substantive Issues with PERM

    Defining Actual Minimum Requirements, Foreign Languages, Combination of Occupations, Alternative Requirements, Combinations of Education, Experience, and Training; Layoffs, Alien Influence and Control.
    Who May Be an Employer, Definition of US Worker,
    2nd  Preference Issues: Advanced Degree v. Exceptional Ability
    3rd Preference Issues: Bachelor's Degree, Post-Secondary Education, Training, and Paid or Unpaid Work Experience.

    Session 4: Reconsideration, Appeals to BALCA, & Federal Court Litigation

    Audit Letters and Final Determinations,
    Motions to Reconsider to CO and Requests for Appeal to BALCA, Challenging

    DOL 's  Zero Tolerance Policy BALCA Case Summaries Freedom of Information Act Requests Exhausting Administrative Review, Alien as Plaintiff, Update on Federal Court Decisions

    For further information, contact of the local SJ Chapter.
    Hope to see some of my friends and blog readers in San Juan!

  5. Another House Republican Leader Condemns Steve King's Attack on Immigrants

    Another House Republican Leader Condemns Steve King's Attack on Immigrants
    by Roger Algase

    In the wake of criticism by other influential House Republicans of Representative Steve King's (R-Iowa) latest racist anti-immigrant remark, in which he accused DREAMER's of being "drug mules" (see my July 25 post), House Judiciary Committee Chairman Bob Goodlatte (R-VA) has also weighed in against King.

    POLITICO (July 25) reports that Goodlatte, in an interview with Telemundo, condemned King's comment as "inappropriate", "not helpful" and "not accurate". See: Bob Goodlatte on Steve King: 'Not helpful'

    However, the same article also quotes Goodlatte as continuing to insists that "border security" and "interior enforcement" would have to come first before a pathway to citizenship for unauthorized immigrants could even be considered, and that he does not support a "special" pathway to citizenship in any event.

    In other words, Goodlatte is still fixated on the same old "enforcement-first", or "enforcement-only", policy that Republicans have been pushing for during the last decade, if not the last two decades. This way, there will never be reform, because the Republicans will never agree that the enforcement measures are working, even if the US were to turn into another North Korea.

    While ostensibly condemning Steve King's hate speech, House Republican leaders are still making every effort to accomplish King's goal of making sure that there will be no immigration reform. Whether House Republicans attack immigrants directly with racial slurs, as King is doing, or whether they go through an elaborate charade of pretending to support reform while insisting on impossible conditions and offering only poison pills, their purpose is the same. In the words of right wing pundits Bill Kristol and Rich Lowry, the House Republicans' only goal is to put a stake through the heart of immigration reform.

    Updated 07-27-2013 at 03:59 AM by ImmigrationLawBlogs (Correcting Mistake)

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