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    by , 06-27-2009 at 11:14 AM (Greg Siskind on Immigration Law and Policy)
    This is a long time coming and wonderful news for many who have been waiting for years for this. The Office of Management and Budget has completed review of a regulation which will remove HIV from the list of communicable diseases barring admission to the US. DHS will publish the rule for comment before it goes final, but the end is now in sight.

    by , 06-26-2009 at 12:56 PM (Greg Siskind on Immigration Law and Policy)
    Okay, I was trying to come up with some kind of Michael Jackson tie in for my IOTD and nothing was coming to mind until a helpful reader suggested Dr. Sathyavagiswaran, an Indian native, who is the Chief Medical Examiner at the Los Angeles Coroner's office. The doctor appears to be quite a character in movieland with his debut in the OJ trial. More recently, he testified in the Phil Spector murder trial. And now he will help the world find out exactly what happened to the King of Pop. I have to say that even though yesterday's news was depressing (to be honest, I was a lot more upset about Farrah Fawcett dying than Michael Jackson), I laughed out loud when I saw various news correspondents standing in front of the coroner's office. The office has a video billboard attached to the official sign that posts various inspiring quotations as well as warnings on activities to avoid (drunk driving, etc.) that presumably keep the coroner busy. So when I heard about Dr. Sathyavagiswaran, I decided to go to the Coroner's web site to learn a little bit more and found that the Coroner's office has an online gift shop (!) that actually sells souvenirs from the coroner's office. It even has a clever name - Skeletons in the Closet. Ya gotta love LA.
    Attached Thumbnails Attached Thumbnails Click image for larger version. 

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  3. Jun 29 - CIR Map

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    June 29, 2009,0629.shtm
    1.  Comment: CIR Map
    2.  Focus: Inventory Closeout For Removal Book
    3.  Articles:
        (a) Bloggings On The H-1B Visa by Anthony F. Siliato and
        Scott R. Malyk
        (b) Bloggings on Dysfunctional Government by Angelo A.
    4.  News:
        (a) DOJ Announces 3 Attorneys Convicted Of Asylum Fraud
    5.  Classifieds:
        (a) Help Wanted: Immigration Attorneys
        (b) Help Wanted: Immigration Attorney
        (c) Help Wanted: Immigration Paralegal
        (d) Case Management Technology
        (e) Credential Evaluation
        (f) Expert Witness Services
    6.  Headlines:
        (a) Republicans Focus on Guest Workers in Immigration Debate
        (b) An Immigration Compromise?
        (c) Fairness Sought In Immigration Debate
        (d) Obama Should Not Pursue Immigration Reform This Year
    7.  ComingsNGoings:
        (a) Immigration Event
    8.  Letters From:
        (a) Roger Algase, Esq.
        (b) Robert Yang
        (c) Brad Botwin,0629.shtm
    Books On Immigration Law:
    Immigration Law Seminars:
    1.  COMMENT
    CIR Map
    With President Obama affirming his support for CIR at a meeting
    with a bipartisan, bicameral group of legislators at the White
    House yesterday, here's our look at the map of the legislative
    landscape ahead, from now to the statute.
    The primary question is House-first, or Senate-first? The general
    rule that the Democratic leadership appears to be following for
    all major legislation is to go Senate first, partly because
    Senate cloture votes are the hardest legislative votes to win,
    and also because there is a better chance of getting bills to
    skew in a more liberal direction if the more liberal chamber (the
    House) were to go last. However, as we see with the Climate
    Change bill, Speaker Pelosi is willing to go House first where
    issues she deems of importance are involved.
    The main reason given by the House Democratic leadership for
    moving Senate-first on immigration is that an immigration
    benefits bill would involve the loss of so many "Blue Dog"
    Democrats as to be a lost cause on the House floor. We don't buy
    this line of argument. As we see it, Speaker Pelosi and her team
    have sufficient votes to move pretty much any bill she wants on
    pretty much any subject. However, her power is not unlimited, and
    she must prioritize her battles. Which she has. On her priority
    list, climate change, health care reform and the budget are ahead
    of immigration. The House Democratic leadership will arm-twist
    Blue Dogs, rural Dems, conservative Dems, and every other species
    of Democrat on those three issues to get the votes needed.
    However, immigrants must wait their turn in line (if any
    political capital remains at that point to strong-arm
    recalcitrant Democrats).
    All of the above is to some degree academic now, since pretty
    much the entire Democratic leadership in both chambers have come
    out solidly for CIR in the last few days. Leaders of both
    chambers have strongly suggested that they have the votes, and,
    given sufficient Presidential prodding, will make the time, for
    CIR. Unlike the other "Top Three" priorities, immigration reform
    is only controversial, not complicated. Climate change, health
    care reform and the President's budget are both controversial AND
    complicated, needing oodles more time from legislators.
    The only fly in the ointment at this stage is Rahm Emmanuel, the
    wet-hen-in-chief, who is still suggesting that the votes for CIR
    are not there. Well, without the White House's active help, the
    votes will not be there. Just as the President is on the phone
    with lawmakers for climate change, just as he is holding townhall
    meeting after townhall meeting for healthcare, he will have to
    take to the airwaves for immigration too. It is, after all, on
    his agenda, and will be, as he well knows, for his political
    interests. CIR also happens to be terrific for the country, by
    the by.
    We believe that we will see the Senate-first approach for
    immigration. We also believe that considerable horse-trading will
    be necessary to secure the votes needed. The results are likely
    to be something that, on first glance, will appear ugly to most.
    The true beauty of the new statute will only reveal itself over
    time, and perhaps the first to see it will be the bar, albeit
    even this will have to await enactment. We encourage the
    immigration bar to get behind those working in the trenches on
    CIR, and urge them god speed.
    We welcome readers to share their opinion and ideas with us by
    writing to
    2.  FOCUS
    Inventory Closeout For Removal Book
    Relief From Removal: A Definitive Manual For Winning Cases by
    Jill Sheldon of CLINIC is now available for an attractive
    Inventory Closeout price, only $99 including taxes and shipping
    and handling. This book features:
    ++Chapter 1:  Removal proceedings
    ++Chapter 2:  Grounds of deportability
    ++Chapter 3:  Grounds of inadmissibility
    ++Chapter 4:  Contesting removability
    ++Chapter 5:  Adjustment of status
    ++Chapter 6:  Waivers of inadmissibility and deportability in
    Removal proceedings
    ++Chapter 7:  Section 212(c) and Cancellation of Removal for
    lawful Permanent Residents
    ++Chapter 8:  Cancellation and Suspension for Non-Permanent
    Resident Aliens
    ++Chapter 9:  Asylum, Withholding of Removal and protection under
    the Convention Against Torture
    ++Chapter 10: Voluntary departure
    ++Chapter 11: Naturalization as a defense to Removal
    ++Chapter 12: Administrative review of Removal Orders
    ++Chapter 13: Judicial review of Removal Orders
    ++CD-ROM has 600+ important documents including: key BIA &
    Federal cases, selected USCIS/ICE memos and DOS cables, forms
    from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42
    CFR, significant statutory provisions from the INA, 18 USC & 28
    USC, Links to informative internet resources, etc
    For more info on this book, and to order, see here (
    fax version, see here.
    3.  ARTICLES
    (a) Bloggings On The H-1B Visa
    Anthony F. Siliato and Scott R. Malyk write "What is needed is
    recognition not only by Secretary Clinton but, more importantly,
    by members of Congress that the reason the H-1B cap has not yet
    been reached is a direct result of market conditions.",0629-siliato.shtm
    (b) Bloggings on Dysfunctional Government
    Angelo A. Paparelli writes "Have companies and families all of a
    sudden become less qualified en masse for immigration benefits
    than in prior years?",0629-paparelli.shtm
    To submit an Article for consideration, write to
    4.  NEWS
    (a) DOJ Announces 3 Attorneys Convicted Of Asylum Fraud
    Acting US Attorney Lawrence G. Brown announced that a federal
    jury returned verdicts today convicting three attorneys and two
    interpreters of a long-running scheme to defraud the INS and its
    successor agency, CIS, by filing hundreds of false asylum claims
    from early 2000 through late 2004.,0629-brown.pdf
    (a) Help Wanted: Immigration Attorneys
    The Murthy Law Firm is seeking immigration attorneys with at
    least three years of experience in business immigration law, with
    or without litigation experience. Our practice is dynamic and
    fast-paced. We have high standards with regard to integrity, work
    ethic, and quality. Successful candidates will have the ability
    to work both as members of a team and as team leaders. They will
    join over a dozen high-caliber colleagues and have quality
    support in the way of legal and administrative staff, as well as
    technology. They will bring in-depth understanding and knowledge
    of the breadth of immigration procedures, and are expected to
    supervise paralegals and support staff. Good writing and
    analytical skills are required, as well as experience dealing
    with complex immigration law cases. Litigation experience a plus.
    Interested candidates may visit
    for details regarding the unique benefits of working at the
    Murthy Law Firm. Resume + cover letter should be forwarded to All communication will be treated in
    confidence. Salary and benefits are commensurate with experience
    and abilities. We are an equal opportunity employer. Final
    interviews of candidates are at our office in Owings Mills, MD, a
    few minutes from downtown Baltimore, Maryland.
    (b) Help Wanted: Immigration Attorney
    Small immigration law firm in Northern Virginia seeks associate
    with 2+ years of experience in litigation before administrative
    tribunals. Good writing skills. Send resume at Must be fluent in Korean. Salary
    commensurate to experience. Good benefits.
    (c) Help Wanted: Immigration Paralegal
    Small immigration law firm in Northern Virginia seeks immigration
    legal assistant with 2+ years of experience in business
    immigration law. Send resume at
    Must be fluent in Korean. Salary commensurate to experience. Good
    (d) Case Management Technology
    Offering enterprise-level software and unparalleled US-based
    support, ImmigrationTracker
    is the most flexible and dependable immigration management
    solution on the market today. Designed by immigration attorneys
    and paralegals, ImmigrationTracker is often praised for its ease
    of use, intuitive features, and built-in immigration knowledge.
    As one of our customers noted, "If we had two years and unlimited
    funds to design our ideal immigration management system, Tracker
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    why Tracker is the choice of: 83% of practicing Past Presidents
    of the AILA (American Immigration Lawyers Association, through
    June 2007); 86% of the 25 largest immigration law firms (IndUS
    Business Journal 2006); 75% of the AmLaw 200 (largest US law
    firms, American Lawyer Media, 2006); 3x as many globally ranked
    immigration attorneys as compared with other software vendors
    (Chambers Global and the International Who's Who of Business
    Immigration Lawyers, 2007). Schedule your private demo: Call
    1-888-466-8757 ext. 278 or email
    (e) Credential Evaluation
    Foreign credential evaluations. Specializing in difficult cases.
    Excellent approval rates after Denials and RFE's. 1.800.771.4723
    No charge detailed analysis of RFE's, Denials, and NOIDs, as well
    as 3 year degrees, AMIETE, Chartered Accountancy, ICAI, ICWAI, or
    any difficult education evaluations. All 3-year degrees are at
    risk. For no charge 48 hour analysis, our
    clients say it best:  "... At last we succeeded. My I140 was
    approved today. I really appreciate you on this. Your evaluation
    did magic (3 year degree, EB2)" .... "I gave up after the denial
    for my Chartered Accountancy degree but I got an approval after
    your evaluation and the professor's letter.  I am forever
    grateful ..." "Everyone said I could not get the EB2 approval
    with a 3 year degree after getting denied. But I did. You did.
    You gave my attorney excellent information and we were approved."
    See our case studies at Sheila Danzig
    Director, Career Consultants International, TheDegreePeople,
    (f) Expert Witness Services
    Muslim World Expert
    Dr. Shaul M. Gabbay is pleased to offer expert testimony on
    immigrants from Muslim countries/societies, including the former
    Soviet Union (USSR). I have testified in 150+ Immigration Court
    cases nationwide (asylum, cancellation of removal) and to USCIS
    (asylum interviews, hardship waivers) with very high success
    rates. For more info, including detailed biography + testimonials
    from lawyers who have worked with me in the past, see:
    Please contact me with any additional questions: Dr. Shaul M.
    Gabbay, Muslim World Expert, Josef Korbel School of
    International Studies, University of Denver, Denver, Colorado,, (303) 871-2560. For countries outside of
    my expertise, I may be able to recommend an expert in that area.
    6.  Headlines
    (a) Republicans Focus on Guest Workers in Immigration Debate
    President Obama told a bipartisan group of lawmakers on Thursday
    that Congress should begin debating a comprehensive immigration
    plan by year's end or early next year ...
    (b) An Immigration Compromise?
    The economic crisis seems to have pushed the immigration debate
    to the wayside--even though lifting restrictions on foreign
    workers could arguably be a big stimulus in itself.
    (c) Fairness Sought In Immigration Debate
    As President Barack Obama and lawmakers in Washington began the
    discussion on immigration reform Thursday, Greensboro faith
    leaders also gathered to urge fairness and a humane approach.
    (d) Obama Should Not Pursue Immigration Reform This Year
    America needs to reform its immigration policies. But not this
    For links to the above stories see here:,0629.shtm#Headlines
    7.  ComingsNGoings
    Readers can share professional announcements (up to 100-words at
    no charge), email: To announce your event,
    see here
    (a) Immigration Event
    Lawscribe invites you to register for a free 1 hour MCLE Ethics
    webinar: "Legal Outsourcing, The Ethical Implications", July 15,
    2009 11:00-12:00 PM PDT. Join us for a Webinar on July 15. Space
    is limited. Reserve your Webinar seat now at:
    8.  LETTERS
    Readers can share comments, email:  (up to
    300-words). Past correspondence is available in our archives
    (a) Dear Editor:
    I do not intend to engage in any further argument with Honza
    Prchal's letters. Reasonable people can respectfully disagree
    over what measures are best in order to combat discrimination,
    which both of our letters obviously regard as evil. However,
    since Mr. Prchal's letter mentions the American consulate in Sao
    Paulo, I will relate an experience I had with that post only
    three or four years ago. My client had been easily approved for
    H-1B classification by USCIS and was expecting routine approval
    for his visa in Sao Paulo. There was no question of any issue
    arising that could have disqualified him for an H-1B visa.
    Nevertheless, at his interview, he was told that his visa would
    be denied for lack of evidence of "non-immigrant intent", i. e.
    intention to return ultimately to Brazil. As every US consular
    officer and immigration lawyer knows, ''non-immigrant intent" is
    not required for an H-1B visa. When I contacted the consulate,
    they denied that anyone has said this to the client, and blamed
    the "misunderstanding" on his English, which he spoke fluently,
    Still, the visa was not issued. Finally, an American executive
    from the sponsor, who was a native English speaker, made the trip
    to Sao Paulo to stop by the consulate to find out what was going
    on. When he arrived, the officer in charge asked him why his
    company had hired a foreigner instead of an American, even though
    the company was under no legal obligation to offer the position
    to an American. Eventually, after many phone calls and
    intervention from Washington, the visa was issued, but it is hard
    to imagine how the parties involved could have received worse
    treatment even in Guangzhou. Is it asking too much for consular
    officers, wherever they are, simply to follow the law, which is
    already complex and restrictive enough?
    Roger Algase, Esq. New York, NY
    (b) Dear Editor:
    The temporary worker red card solution won't work and can be used
    to virtually enslave foreign workers by confining them at
    specific employers who can abuse and underpay them. The most
    sensible immigration reform is by abolishing all family
    immigration and change it into merits and skills based system
    altogether. We can't continue to accept elderly, sick, disabled,
    uneducated and non English speaking relatives of US citizens or
    residents for the sake that they have familial ties with their
    Americans' sponsors. They will like to come here to collect
    public welfare and become public burden. Foreign parents of US
    citizens or residents can be sponsored for long term temporary
    resident visas instead renewable each year as long as the
    sponsors can show the proof the government their parents have
    current medical insurance and willing to pay their living
    expenses without taking up any employments. Siblings of US
    citizens should apply based on their merits. And we must make
    sure that all immigrants are English proficient, of good moral
    characters, self sufficient and educated, in their productive age
    and have jobs offered in the US or have means to self support
    themselves by showing any willing sponsors or personal emergency
    funds and most importantly they should accept our concept of
    democracy, equal rights and separation of religion and state. If
    they want and dream to establish mini theocracy here, they should
    stay home then for good, because we already have enough
    extremists, bigots and fanatics of our own.
    Robert Yang
    (c) Dear Editor:
    I think the 500 students should be pleased they were allowed to
    attend public schools in the US (see 06/25/09 ID comment). And no
    one is calling for a ban on their attendance in college. That
    being said, in-state tuition rates must be reserved for the
    children of citizens only. Students with no legal presence in the
    US, along with students from other states, should pay out of
    state rates.
    Brad Botwin   Maryland
    The first daily in the field of immigration. Forward this to a
    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
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    by , 06-26-2009 at 10:05 AM (Greg Siskind on Immigration Law and Policy)

    Yesterday's call was our first all Q & A session. I'll be posting the announcement for our July 8th program shortly.
    Powered by

    by , 06-26-2009 at 08:32 AM (Greg Siskind on Immigration Law and Policy)
    Good news for religious workers who now get the same benefit available to I-140 applicants. USCIS Notice June 26, 2009

    Court Notice to Pending I-360s Applicants

    Ruiz-Diaz v. U.S., No. C07-1881RSL (W.D. Wash.)


    On June 11, 2009, the United States District Court for the Western District of Washington issued
    an order in Ruiz-Diaz v. U.S., No. C07-1881RSL (W.D. Wash.). The court found that 8 CFR §
    245.2(a)(2)(i)(B), which does not allow religious workers to concurrently file an Application to
    Register Permanent Residence or Adjust Status (Form I-485), was invalid and unenforceable.

    The court ordered USCIS to accept a properly filed I-485 and I-765 from a beneficiary of a
    religious worker I-360. The court order also allows individuals whose concurrent filings were
    previously rejected to reapply for adjustment of status. The order accords a spouse and children
    of I-360 beneficiaries the same benefits. Below is the court notice regarding the decision and
    information about the filing of applications for individuals with pending I-360s.


    According to our records, you have a pending Form I-360 religious worker petition with USCIS
    and may be eligible for benefits under Ruiz-Diaz v. United States, No. C07-1881RSL (W.D.
    Wash. June 11, 2009).

    Persons with pending Form I-360 religious worker petitions are immediately eligible to file a
    Form I-485 and/or Form I-765. Individuals whose applications are properly filed with
    appropriate filing fees and supporting documentation with USCIS by September 9, 2009 will
    have any period of unlawful presence or unauthorized employment tolled until USCIS issues a
    final administrative decision. Failure to file prior to September 9, 2009, will result in the
    accrual of unlawful presence or unauthorized employment time.

    Persons who want to file an Application to Register Permanent Residence or Adjust Status (Form
    I-485) and/or an Application for Employment Authorization (Form I-765)1 must mail the
    applications, with the required fees, to:

    California Service Center
    P.O. Box 10485
    Laguna Niguel, CA 92677-1048

    1 Applicants may also file an Application for Travel Document, Form I-131, as long as they are eligible and properly
    file the application.

    -more -
    Page 2

    Any person who has a Form I-360 religious worker petition pending with USCIS as of June 11,
    2009, will have any period of unlawful presence that began accruing as of the date of filing of
    the I-360 tolled until September 9, 2009. In addition, any period of unauthorized
    employment that occurred after filing of the I-360 will be tolled until September 9, 2009.
    Persons who properly file the Form I-485 and Form I-765 applications on or after June 11, 2009
    and have their applications received by USCIS prior to September 9, 2009 also will have the
    accrual of unlawful presence and unlawful employment tolled until USCIS issues a final
    administrative decision.

    Spouses and children who are the beneficiaries of properly filed Forms I-360 by religious
    workers may be accorded the same status and order of consideration as the principal, unless the
    spouse and child are already entitled to another immigrant status and immediate issuance of a
    visa under section 203(a), (b), or (c) of the Immigration and Nationality Act (INA), 8 U.S.C. §
    1153(a), (b), or (c).

    For additional information please see the USCIS webpage at

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