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Letters of the Week: Apr 8 - Apr 12

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  1. Tony 's Avatar
    Why is there so much attention on the H-B1 reform. and noting is being done to reform the Immigration Nationality Act 221g. Petitions that are filed, and paid for in the Millions of dollars by petitioners, for there beneficiaries. By the time the petition is sent from the NVC, to an embassy , the petition is only good for three months. By the time the beneficiary is scheduled for his or her examination and interview the petition is not valid. The Consulate does have the ability to extend the petition, but if the petition is denied, the petitioner, can not appeal the decision at all. The Chief Consulate in Guangzhou China is notorious, and has his own Nationality Standards. And no matter who you contact with-in the United States Government, they will not provide the petitioners with any support. That's our Democracy in the good old USA.
  2. Marc M. Yelnick's Avatar
    Your H-1B prediction was out and out wrong, and any attempt by you to spin away from it compounds the "mistake." You should have been darned well sure before making the predication.

    Fortunately, the stakes were so high and ILW was alone in the nature of its prognostication, that I chose to ignore it completely and in all regards. Had others weighed in with you, I might have amended my advice to/pressure on H-1B clients. Other attorneys, at least some, probably heeded the advice to some degree; I suspect you might have already heard from them.

    Nevertheless, I enjoy and generally profit from your daily "publication."
  3. Juan Amaya's Avatar
    Why people are upset with December 2011 as a cut-off date? I think this Immigration Reform is the best deal for all undocumented people.

    But to make the Immigration process easier they should also change the Registry Date. But somehow nobody talk about it.

    The undoc person who just got here 18 months ago can get a path to citizenship in 13 years, and undocumented family who has been living here for 10 years would also take same 13 years. Since all criminals are not punished equally then why should we punished those family the same way as other.

    I am a Dreamer.
    Juan Amaya
  4. Kenneth Rinzler's Avatar
    Dear Colleague:

    Some members, particularly Jackie Newman, have raised three very pertinent points about this campaign. Not about the issues, but on the conduct of the campaign itself. I would like to address them here.

    1. My Lack of Direct Access to the MC is Inconsequential

    Jackie (and I assume others) seem to believe that because I can occasionally get others to post for me (as with this posting), that should be good enough. Forget for the moment that, as members of the now infamous "Gang of Five" have stated, having someone post for me on the occasional and delayed basis is not nearly the same as me being able to post when I want, as often as I want, and as quickly as I want - just like all 12,000 (minus Susan McFadden) other members of AILA can do. It is a handicap (or disability if that is the more correct PC term these days). The same lawyers who jump up and scream and shout when they feel that any other "underclass" is getting a raw deal, from obtaining waivers for aliens who have committed crimes to whether the taxpayer should provide free legal representation and/or amnesty to people who are in this country illegally, are the same ones who excuse my "disability", and yet they don't see the injustice and effects of it. Even if one believes my banning was justified, at least "man up" and admit that what we now have is certainly not a level playing field, and that it has an impact on how I can campaign and the credibility of this election. It is not inconsequential. There's a reason Bill Clinton's campaign had a "war room"; it was so they could respond instantly and effectively to the opposition and the media. There is no substitute for that immediacy and directness.

    2. No One Has Ever Used the MC for Campaigning

    Again Jackie, but I think it's fair to assume others also consider the points she has raised, has on multiple occasions stated that apparently I am the only candidate to have ever used the MC for campaigning. She implies that this is somehow improper, for lack of a better term. It's the old refrain, "this is how it's always been done, and now you're doing it a different way." Sorry, but that's ridiculous.

    Is it wrong because I like to think out of the box, and try something new? Is it wrong because I want to bring AILA into the 21st century? Would you prefer that I send faxes and multiple emails? Or should I take advantage of AILA's 20th century methods, cut down a forest and spend thousands of dollars on paper, postage, and labor to mail out snail mail letters (here's the relevant portion of the email AILA national sends to candidates)

    Mailing labels. Candidates for National Office or the Board of Governors can receive a complete set of mailing labels for all members currently eligible to vote. That number is approximately 11,600 (the number fluctuates as pending members are approved). You can also receive labels for specific regions of the country or other subsets, if you don't want to send a mailing to everyone. Labels can be provided either in a peel-off label format for hand processing or we will mail an Excel file directly to your mail house if you are outsourcing the process. Labels can be sorted by zip code or alphabetical. The cost for labels for the entire membership is a flat $125, regardless of format. For smaller sections of the membership the cost would be $.05 per label depending on the selection, with a $40 minimum. You will need to submit your request in writing to the National Office (squarles@aila.org). We need about 2 working days to prepare a set of labels. There is no limit on the number of times you can purchase mailing labels.

    Doesn't it make eminently more sense to use the MC for campaigning? It's free, it's easy, members could read only what they wanted to read, etc. There could be separate strings for each office, or just one. The details can be worked out fairly easily, and refined after this, AILA's first modern campaign. Yes, Jackie, I do want to use the Message Center as my campaign headquarters. That's exactly what I want to do. It's what all the candidates should do.

    3. He is Campaigning Too Early; The Campaign Season Doesn't Officially Begin Until the Filing Deadline for Petitions Has Passed

    Poppycock! Again, this is 2013, not 1976. The campaign season is year round, especially when you have make-believe elections like AILA does with only one candidate nominated per office. The issues are here year round, and with only quarterly BOG meetings - often out of the country and with no substantive agenda announced in advance - the ExCom positions are supremely important.

    But here's another fact, conveniently overlooked (or probably not even realized by most members) - the ExCom itself already campaigns all year round! From Leadership Blogs to YouTube videos to prominent displays on InfoNet to presenting at endless AILA conferences and media events to prominently hyping their positions on their office websites, these people are de facto campaigning 24/7. They are always, to use the vernacular, in one's face. I'm sorry, Jackie, but you're thinking is old school. In fact, this is why AILA's advocacy on Capitol Hill is so bad; they don't know how to run a campaign, to take advantage of the assets they have. Oh the leadership certainly knows how to do that for themselves and to preserve their hold on the power structure, but not to benefit the organization as a whole.



    And to close on a tangential but related note, I announced on my first day and repeat here, I am only interested in serving on the ExCom for one year. I don't want to move up the hereditary ladder. I want to start a process of transparency from which there is no turning back, and then get the hell out of Dodge. How absolutely ludicrous is it for someone to then turn around and assert that I don't have enough of a commitment to AILA because I don't want to stay longer? Apparently my minimal thirst for power and lack of desire to benefit my practice by being an AILA officer for six or seven years is not sufficient to serve the membership? What do you people drink in the morning?

    Enjoy that pointless BOG meeting.
  5. Kenneth Rinzler's Avatar
    Thank You, Jackie Newman, for Your Support

    I understand my supporter, Jackie Newman, rhetorically asks what are my qualifications for Treasurer.
    I say "rhetorically", because Jackie (as she herself so recently confirmed), was the very first to encourage me to run for Treasurer and one of the ten to sign my nominating petition.
    As for my qualifications and intent, on January 7 I announced I was considering running and stated what I considered the issues to be and what I intended to do about them:

    "Run by petition for Treasurer, with my sole objective being to publish every bit of financial information about AILA that I could get my hands on in such a position, which would be virtually everything, except for those instances where prohibited by law. From budgets to financial statements, from tax returns to compensation information, from perks provided to staff by convention hotels, to publication royalty deals, to financial documents presented to the ExCom and BOG (but not the general membership), etc., and all done in real time, rather than 1-2 years after the fact (if then at all). By doing so, not only would the membership finally be truly informed about how AILA operates and deals with its finances, but would
    also be in a position to determine if our national and chapter dues really need to be as high as they are.
    Frankly, I believe it is sad that it has come to this, but the AILA leadership has yet to make any formal commitment to accountability and transparency, despite the thousands upon thousands of views on these topics on the Message Center. Have they publicly promised to nominate more than one candidate per office? No. Have they promised to announce the individual vote totals? No (although we just learned that the subject is finally on the agenda for this month's BOG meeting). Have they promised to poll the membership on advocacy and other matters of interest? No. Have they promised to more forthrightly disclose the dues monies spent on the AIC, on overseas junkets, on staff compensation, on publications royalties, on conference costs and profits? No. I can go on, but you get my point. Other than (finally) publishing the tax returns under pressure, the only answer we ever get - if any -- is "We'll think about it
    and maybe present it to the BOG at some unspecified future date." And then it generally dies a slow death.
    I have no desire to ever run for any other AILA office. I have no desire to serve as Treasurer for more than one year. And I have no desire to see a Secretary (whom I don't know personally and thus have nothing against) automatically elevated to the position of Treasurer/Future President after the last fiasco
    of a nomination/coronation process.
    I would simply hope to institute an era of transparency at AILA from which there would be no turning back."

    And who was the very first person to encourage me to run? Jackie Newman.
    We all know what I have done to force some much-needed transparency upon AILA.
    It's pretty funny that all of a sudden some people seem to have forgotten these transparency issues and who they thought would be the best person to help address them. None of my accomplishments have changed between January and now, while the most noticeable thing the ExCom has done to promote transparency is to use a transparent pretext to ban me from the Message Center so that my campaign is hobbled. And it's not like when Jackie signed my petition she didn't know that Ms. Padilla would be nominated to move up the hereditary ladder.
    The election is rigged.
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