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  1. Bloggings: How not to attract talented immigrants to America, by Roger Algase

    I recently heard from an acquaintance  of mine (not a client), whose employer had received a denial notice from USCIS for a change of status petition from the person's current temporary professional-level status to a different one. The person involved is unquestionably proficient in the  field of activity in question, working for an established organization, and with many accomplishments to be proud of. Many similar cases have been easily approved, to my knowledge.
    This one was not. I am not familiar with the details, since, as mentioned above, I am not the person's lawyer. I am not writing to challenge the denial in this particular case.  For all I know, it might have been justified. But what is important in this situation was the tone of the denial. The person reports that the way the denial notice (which I have not seen), was written, was so antagonistic, hostile and abusive, to the point of being humiliating, that the person, the value of whose work is beyond any resasonable question, had lost all desire to stay in the United States.
    The person is still eligible to work and stay in the US with the current visa, but no longer feels welcome here, and is thinking seriously of going home for good. I might add that the person comes from one of the lowest of low-fraud countries anywhere in  the world, is highly educated, speaks English almost like a native, and was seeking a visa which, way back in the mists of time before the Obama administation took office, used to be routinely approved. My acquaintance is not given to emotional outbursts, but normally tends to be rather cool and laid back.
    My point is not that USCIS should approve every professional work visa petition. As I mentioned, it is certainly possible that there might have been a valid reason of one kind or another for a denial in this case, since I do not know the details. But the abusive tone of the denial, as my acquaintance describes it, and I have no reason to doubt the person's word, was totally uncalled for, while at the same time being all too familiar, as any business immigration lawyer can attest.
    In fact, that may have been the saving factor in this situation. I told my acquaintance that I and many other immigration lawyers are so used to receiving abusive, hostile and disparaging decisions from USCIS adjudicators that it would be more appropriate to look at the denial notice as just normal USCIS writing style in the current age of Obamigration. It should not be taken personally.
    My acquaintance brightened up and may decide to stay in America after all. If the person does, all of us, except for some splenetic USCIS adjudicators and their superiors in Washington or in the field who egg them on, will benefit.
  2. You Want Numbers? We Got Numbers

    by , 07-19-2011 at 07:13 PM (Greg Siskind on Immigration Law and Policy)
    USCIS has just posted a load of data on its processing of a variety of application types.
  3. A Mini-McCarthy Panel to Enforce Georgia Immigration Law?

    by , 07-19-2011 at 06:41 PM (Greg Siskind on Immigration Law and Policy)
    Yikes! From Bloomberg:
    Georgia mayors, county commissioners and even business-license clerks may face $5,000 fines from a panel of state-sanctioned volunteers empowered to investigate complaints about compliance with a new immigration law.
    The board will be able to subpoena witnesses and strip funding from public bodies it finds have violated the law and levy fines against governments and individuals.
    The first-of-its-kind Immigration Enforcement Review Board is part of a law that took effect July 1, making Georgia one of six states that have taken immigration enforcement duties into their own hands. To date, the law has provoked a federal lawsuit, a court injunction and a shortage of fruit and vegetable pickers in Georgia's harvest season. The enforcement board's job is to keep government officials in line.
    "This is a radical privatization of government power," said Charles Kuck, a lawyer who is part of a legal team challenging the law. "There was no evidence presented, not even anecdotal evidence, that there was a problem that needed to be solved."
  4. Immigration Museum Proposal on the National Mall; By: Danielle Beach-Oswald

    Danielle Beach-Oswald is the current President and Managing Partner of Beach-Oswald Immigration Law Associates in Washington, DC. Ms. Beach utilizes her 19 years of experience in immigration law to help individuals immigrate to the United States for humanitarian reasons. Born in Brussels, Belgium, Ms. Beach has lived in England, Belgium, Italy and Ivory Coast and has traveled extensively to many countries. Ms. Beach advocates for clients from around the world who seek freedom from torture in their country, or who are victims of domestic violence and trafficking. She has also represented her clients at U.S. Consulates in Romania, China, Canada, Mexico, and several African countries. With her extensive experience in family-based and employment-based immigration law Ms. Beach not only assists her clients in obtaining a better standard of living in the United States, she also helps employers obtain professional visas, and petitions for family members. She also handles many complex naturalization issues. Ms. Beach has unique expertise representing clients in immigration matters pending before the Federal District Courts, Circuit Courts, Board of Immigration Appeals and Immigration Courts. She has won over 400 humanitarian cases in the United States. Her firm's website is www.boilapc.com.
    Rep. Jim Moran (D-Virginia) and Rep. John Duncan (R-Tennessee) introduced a bill to Congress on July 7th that proposes the creation of a National Museum of the American People to be built on the National Mall. This bill, co-sponsored by 10 other members of Congress, calls for a presidential commission to study the idea of an immigration museum, which would cover the history of immigration, the role of immigration on the development of American society, and the migration stories of various ethnic groups.
    This proposal comes in light of the recent trend of planning and building individual ethnic museums on the National Mall. A presidential commission on the possible creation of a Latino museum submitted its report to President Obama this spring. The Smithsonian is currently developing plans for an African-American history museum. Rep. Moran is a critic of such individual ethnic museums as he believes this does not serve justice in representing the "near infinite number of peoples that have come together to form one nation". However, he assures that the plan for an all-encompassing immigration museum would not obstruct the plans for individual ethnic museums.
    The legislation is supported by over 130 ethnic and minority groups, including those of Arab, Jewish, German, and Chinese descent, and by more than 50 scholars. Rep. Moran has stated that the presidential commission and the museum's construction will not be funded by any federal taxpayer revenues, but rather from private donations.
    The public opinion and response to the proposal has been mixed at best. There was optimism at the prospect of a museum that highlighted the important role of immigration from all ethnic groups in building American society. The idea of an immigration museum that encompasses the history of all immigrant groups symbolically presents the "melting-pot" of America that characterizes this nation. On the other hand, the legislation was not received without doubts and concerns. So far, national museums have not done a thorough job in covering the history of immigration and the story of each immigrant population. Select ethnic groups seeking to build their own museums do not have confidence in the National Museum of the American people to represent their stories and their role in American development sufficiently, and would rather build a museum devoted to their ethnic group. Another cause of concern is that this museum should focus in presenting the history of these immigrant groups from all ethnic groups and races. It needs to take caution and consciously work so that this museum does not become a simple celebration of foreign cultures; it must cater to the greater public so that people would be interested in coming to learn about how immigrant groups built and contributed to this nation.
  5. Immigration Humor: Closing the Borders

    by , 07-19-2011 at 10:49 AM (Greg Siskind on Immigration Law and Policy)
    Saw this tweet today from Sheriff Jim Wilson -
    DEAR CONGRESS: When we asked you to close the borders we didn't mean the book store, we meant the area south of the US!!!!!
     
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