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DREAM In Detention

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Comment: DREAM In Detention

In a Democracy Now! Exclusive, Virdiana Martinez, a DREAM activist and member of the National Immigrant Youth Alliance, talks to producer Renee Feltz about the findings following her infiltrating the Broward Transitional Center. Members of this youth organization who participated in the infiltration of immigration centers:

Found dozens of immigrants there who should be released under the Obama administration's policies. The group said they found more than 60 detainees with no criminal record or prior deportations, some of whom were detained as passengers in vehicles. They also found detainees in need of immediate medical care. Despite an executive action announced by President Obama last month to stop deportations of many undocumented youth, the group said they found more than a dozen young detainees who would qualify for the DREAM Act, a legislative proposal granting residency to certain youth who entered the country as minors. Obama administration officials had promised to comb through backlogged cases to close those involving immigrants with no criminal records and strong family ties, but it was reported in July fewer than 2 percent of deportation cases have been closed under the review.

We applaud the courage of these activists in exposing the appalling gap between the words and the deeds of this administration. Let us know your thoughts at

Today's Obama's Deferred Action Promise Graph

Article: Role Of The Regional Center In EB-5 by Joseph Whalen

Blogging: The Asylum Affidavit, Part 2: Details, Details by Jason Dzubow

Blogging: Obama's Deportation Quotas Have Resulted In A Multi-Billion Dollar Cost To The American Taxpayer by Matthew Kolken

News: Ninth Circuit Releases Decision Holding That Authority To Terminate Asylum Status Rests Only With DOJ, Not With DHSs

Focus: The EB-5 Summit For
Attorneys and Developers - Early Bird Registration

The EB-5 Summit For
Attorneys and Developers will be
held on Friday, September 14 in Los Angeles, CA. The curriculum is as follows:

Morning Session For Investor's Counsel

Lawfully Advising on Project Choices

  • What investor's counsel can and cannot do
  • What makes a suitable project
  • Due Diligence

526 Petitions and Source of Funds Issues

  • Reviewing business plans and Matter of Ho
  • Source documentation and tracing
  • Currency control restrictions
  • Common RFE topics and troubleshooting

829 Petitions and Documenting Job Creation

  • How to document job creation
  • Dealing with changes of plans
  • Fighting denials and RFEs
  • Removal issues

Ethics Panel

  • How to avoid conflicts of interest
  • Professional liability insurance considerations

Afternoon Session For Regional Centers and Regional Center Counsel

Economist Panel

  • Overview of regional economics and input-output modeling
  • Working within USCIS parameters: NAICS codes, regional center
  • Boundaries, what a TEA should look like, which "jobs" count

Developing the 924 Petition

  • What does USCIS want?
  • Matter of Ho-compliant business plans
  • Working with counsel to get your project approved

Taking Care of Business

  • Project selection and development
  • Deal structuring: So you succeed and investors get 526's approved

Legally and Effectively Marketing Projects

  • Domestic marketing of EB-5 investments
  • Foreign marketing of EB-5 investments in various countries
  • Securities compliance

For details on curriculum, speaker bios, and registration information,
please see: href=""> For the fax form,
see here.
Don't delay, act today! This offer is available only until August 10!

Headline: Moving Toward Stricter Employer Qualifications For Sponsoring Work Permits

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Headline: Smart Immigration?

Headline: The Defense of Marriage Act and Undocumented Immigrants

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Headline: Get listed! Sign up for ILW.COM Attorney Yellow Pages at

Headline: Top Links July 2012

Headline: The myth of immigrant healthcare costs

Headline: A book about immigrants by an immigrant & how becoming an American has changed. get it now!

Headline: Low-priority and even deferred action eligible immigrants found in Broward

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Headline: Immigrants needed to fill Wisconsin jobs

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Help Wanted: Immigration Professional

Washington, DC - U.S. Department of Labor Office of Foreign Labor Certification is seeking a Director of Temporary Program Operations. This position provides leadership, management direction, and operational control over temporary nonimmigrant visa programs administered by the OFLC; develops and implements a wide array of administrative management strategies and plans designed to ensure successful operation of the programs; organizationally manages staff remotely located at the Chicago National Processing Center; routinely engages public stakeholders and other senior Federal staff to resolve complex program issues; implements performance and quality control measures; and leads the review and continuous improvement of business processes governing operation of the temporary visa programs. The application period is open from 7/27/2012 - 8/27/2012. Salary ranges from $123,758 - $155,500. For specific information about this announcement and how to apply, please see: Announcement number DE-12-ETA-89 and Announcement number MS-12-ETA-090

Help Wanted: Immigration Professional

Washington, DC - U.S. Department of Labor Office of Foreign Labor Certification is seeking a Director of Permanent Program Operations. This position provides leadership, management direction, and operational control over temporary nonimmigrant visa programs administered by the OFLC; develops and implements a wide array of administrative management strategies and plans designed to ensure successful operation of the programs; organizationally manages staff remotely located at the Atlanta National Processing Center and national office; routinely engages public stakeholders and other senior Federal staff to resolve complex program issues; implements performance and quality control measures; and leads the review and continuous improvement of business processes governing operation of the permanent visa programs. The application period is open from 7/30/2012 - 8/30/2012. Salary ranges from $123,758 - $155,500. For specific information about this announcement and how to apply, please see: Announcement number DE-12-ETA-091 and Announcement number MS-12-ETA-092

Help Wanted: Immigration Attorney

Canada, Toronto - EGAN LLP, a part of Ernst and Young's Global Business Immigration Services Group, is currently seeking an Associate Attorney to manage multiple and challenging US business immigration engagements and to contribute to the delivery of solutions and ideas for our diverse clients. EGAN LLP has offices throughout Canada in Vancouver, Calgary, Toronto and Montreal. An ideal candidate must have JD along with admission to any US State Bar, 3+ years of Business Immigration experience, with an emphasis on high-volume H/L NIV and PERM filings; excellent managerial, organizational, verbal/written communication skills. For more information, please visit Ernst and Young's career website at or contact Lisa Chow at

Help Wanted - Immigration Professional

Chicago, IL -
Hughes Socol Piers Resnick and Dym, Ltd.
is seeking a full-time, bilingual (Spanish) legal assistant to assist lawyers with cases involving preparation of family, business and employment applications, petitions and visas as well as removal and employer sanction defense. The ideal candidate must have excellent organizational, communication and time management skills as well as excellent oral and written skills including grammar in both English and Spanish; must be able to prepare written business communications and narrative statements and to effectively communicate with all types of clients by phone and in person; must have knowledge of Microsoft Word, Outlook and internet research skills; must be results-oriented and able to work with little direction and under time constraints and have an ability to multi-task and prioritize from multiple attorneys working a diverse caseload. This position requires prior experience as an immigration legal assistant; experience in removal defense, family or employment based immigration is a plus. The position is immediately open. Flexibility with regard to possible paid overtime hours. Please submit a cover letter explaining your qualifications for the position and salary requirement, a resume, a writing sample, and a list of references to Please reference HSP005.
No phone calls and no agencies, please.

Help Wanted: Immigration Attorney

Washington, DC - The law office of Lichtman and
Elliot, PC
is seeking an immigration litigation attorney with superb research and legal writing skills to prepare briefs and pleadings for immigration court, BIA, and related federal court proceedings. An ideal candidate must have 2+ years of experience in immigration litigation, as immigration law clerk or litigator. This position will work closely with experienced immigration litigators. Salary commensurate with experience. To apply, please send letter, resume and writing sample to

Immigration Law Certificate

Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here

To place a classifieds ad in Immigration Daily, see here

Letters of the Week: Judith Marty, Moujan Nosrat

ComingsNGoings: Immigration Event

Teleconference - August 22, 2012 - 7:30pm - 9:00pm EST - USCIS is pleased to invite all interested individuals to participate in a national Spanish-language Enlace session as part of an ongoing series of quarterly public engagements. During the Enlace, USCIS will provide agency updates, discuss immigration-related topics, and answer your questions. Representatives will be available for participants to discuss regulations, policies, operations, and forms, but will not offer legal or case-specific advice. The event will be broadcast live from USCIS Headquarters and you can participate by: Calling us toll-free on 1-888-989-4980 (password - ENLACE); viewing our live Web stream at

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  1. Mitchell J. Cohen, Esquire's Avatar
    Notice Regarding Applications for Deferred Action Status for Childhood Arrivals (Form I-821D)

    Mitchell J. Cohen, Attorney at Law
    501 Golden Isles Drive, Suite 205
    Hallandale Beach, FL 33009
    Tel. (954) 457-1941

    DHS "Childhood Arrival" Procedures are not Child's Play: Hidden dangers await unsuspecting applicants. Use an attorney.

    DHS has unveiled a new process whereby certain individuals who entered the United States at a young age may be considered for "deferred action," allowing them to legally live and work in the United States for a temporary period of time.

    The rules appear deceptively simple. According to instructions accompanying Form I-821D "Consideration of Deferred Action for Childhood Arrivals," an applicant must meet the following criteria to be considered for the program:

    1. Was under the age of 31 as of June 15, 2012.
    2. Came to the United States before reaching his or her 16th birthday;
    3. Have continuously resided in the United states since June 15, 2007, up to the
    present time;
    4 Was present in the United States on June 15, 2007, and at the time of making his or her request for consideration of deferred action with USCIS;
    5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012.
    6. Are currently in school, has graduated or obtained a certificate of completion from high school, has obtained a general education development certificate, or is an honorable discharged veteran of Coast Guard or Armed Forces of United States; and
    7. Has not convicted of a felony, significant misdemeanor, three or more other misdemeanors, and does not otherwise pose a threat to national security or public safety.

    Let's look at items 1 and 2, which deal with proof of the applicant's date of birth, and continuous residence in the United States since June 15, 2007. It may come as a surprise to learn that the DHS does not necessarily accept at face value the information that is on a birth certificate, especially in instances where there was a late-registered birth. DHS has also taken issue with documents from countries that it believes have a high propensity for document fraud. DHS has even been known to challenge a foreign national's representation about his date of birth, to the point in some cases of subjecting detained individuals claiming juvenile status to forensic dental examinations to estimate the person's age.

    What about item 3, "continuously resided in the United states since June 15, 2007, up to the present time." The phrase "continuously resided" has traditionally been a legal "term or art" in immigration law, which means that it has a meaning that is different from the ordinary everyday use of the phrase. "Continuously resided" in immigration law has meant that the foreign national has been "living" in the U.S., as opposed to "visiting" the United States. Physical presence, on the other hand, has generally been used in immigration law to refer to the actual place where you are physically situated, regardless of your intent to ultimately stay or leave. DHS has indicated that "brief, casual, and innocent" absences will not interrupt the period of continuous residence for the new deferred action program. The problem is that individuals who entered on visa categories such as B-1 or B-2 visitor visas and F-1 visas, at the time of their entry, legally had to have the intent to return to their unrelinquished foreign domiciles. If that visitor or student visa holder made multiple trips in and out of the United States on his visitor or student visa, each time he entered the United States he was necessarily representing to the immigration authorities that he was coming into the United States for a temporary purpose (not to reside permanently) and that he continued to have an intent to return to his home country.

    A foreign national entering the United States on a visitor visa and may be allowed 6 months in that status. It is possible that an immigration officer may determine that the initial 6 months did not constitute time spent in continuous residence in the United States. What about the person who since June 15, 2007 traveled in and out of the U.S. on a visitor visa on multiple occasions, and then files a Form I-821D, claiming that he was actually continuously residing in the United States for the entire period of time. The question that the DHS may ask is: were you lying then, or are you lying now? Were you visiting the United States or were you actually living here? Possible result: denied I-821D application, and possible notation in that person's immigration file of visa fraud.

    Item 4 requires proof of presence in the United States on June 15, 2007. Many individuals who entered the United States without inspection as young people may not have been immediately registered in school. As a result, it may present a vast challenge to that individual to try to prove to DHS that he was physically present in the United States on June 15, 2007. DHS lists as possible secondary evidence affidavits from individuals aware of the applicant's presence in the United States. In reality, DHS has a history of giving little or no credence to affidavits, in the absence of "hard evidence" of the applicant's initial presence.

    Item 5, requires that on June 15, 2012 the applicant has been in the U.S. without inspection or that his "lawful status" expired as of that time. "Lawful status" is another immigration law term of art, which has been the subject of much debate and repeated clarifications over the years. The issue of "lawful status" will be particularly tricky for individuals who were admitted to the United States for "Duration of Status." The form documenting their DHS status (Form I-94), will not have an expiration date, but rather the notation "D/S" (for "duration of status"). F-1 visa students have a "D/S" notation on their I-94 cards. The date of termination of a student's lawful status has been traditionally defined as when an immigration officer makes a determination in the student's immigration file that the student has violated his student visa status. The problem is that the former student does not necessarily receive notification from the DHS as the determination that the student is not out of status.

    Item 6, dealing with qualifying school or U.S. Armed Services history does not define what "in school" means. Does it apply to trade school? Does it apply to part-time study? What level of accreditation is required? As to the inclusion veterans of the Armed Forces, DHS is presumably aware that in order to enlist in a branch the U.S. Armed Forces, an individual must be a U.S. Citizen or Lawful Permanent Resident (green card holder).

    Additionally, Section 329 of the Immigration and Nationality Act provides that an individual who is on active duty during times of declared hostilities or who was honorably discharged, having served during a period of declared hostilities, is entitled to expedited U.S. Citizenship. Since September 11, 2001, the United States has been in a continuous period of declared hostilities (the ongoing "war on terror").

    On to item 7, "significant misdemeanor" is clearly a subjective term. That ambiguity aside, however, there is a deeper problem that he not been explained to the general public by DHS.

    The term "conviction" under Sec. 101(a)(48)(A) of the Immigration and Nationality Act is broader than the traditional criminal definition of conviction. In fact, I have seen many instances of foreign nationals caught completely by surprise when DHS arrests them and initiates removal proceedings against them, for judgments that they did not even considered to be criminal convictions.

    For example, the person may have - on the advice of criminal counsel - pled "no contest" and received a "withheld adjudication" coupled with a fine or probation. He may have been advised that since the court did not "adjudicate" him "guilty" but instead "withheld" the adjudication, that no conviction resulted. In fact that individual may have been perfectly correct in telling a prospective employer that he was never convicted of a crime. Unfortunately, in 1996 the Immigration and Nationality Act was amended to expand the definition of "conviction" to include situations where the court withholds adjudication of guilt or suspends the sentence. Nowhere in the DHS's instructions is this critical point made.

    Not only do these individuals face receiving denials on their deferred action applications, they also risk being categorized as a "high priority" subjects for their arrest and deportation, depending on the nature of their criminal history.

    Filing the innocuously-looking FormI-821D will be a process that is fraught with hidden perils. Individuals who have outstanding orders of removal, deportation or exclusion, whose applications are denied, face the possibility that DHS will execute the outstanding order and remove that person from the United States. Individuals who left the United States after an order of removal and then reentered the United States (generally within 10 years of departing) face felony prosecution for "criminal reentry." The I-821D elicits all the necessary information needed for prosecution. An unwary applicant may very easily hand his head on a platter to DHS and to the U.S. Attorney's Office for both prosecution and deportation.

    The DHS has announced that there will be no appeal from a denial of the Form I-821D deferred action applications. This "one strike and you're out" may seem incongruous with the Obama administration's stated humanitarian goals of this deferred action program. The Form I-821D is one test that these students and former students cannot afford to flunk.

    Mitchell J. Cohen, Attorney at Law
    501 Golden Isles Drive, Suite 205
    Hallandale Beach, FL 33009
    Tel. (954) 457-1941

    Mitchell Cohen is a member of the American Immigration Lawyers Association, with offices in Hallandale Beach, Florida.
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