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Letters of the Week: Jan 23 - Jan 27

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  1. Honza Prchal's Avatar
    Subject: This may be of interest to your readers ...

  2. Mary Smith 's Avatar
    Subject: proposed 601 stateside processing rules

    I don't see what's so great about the USCIS proposed stateside processing waiver regulations. A lot of words are used to describe an extremely narrow group of people who will benefit: basically, EWI spouses of USCs. Look, I'm happy to have that! It beats what we currently have. But all the talk about parents and children is a lot of hype with little substance. Why can't USCIS just be more straightforward about the "benefit" they are proposing?
    Under the proposal, to qualify for stateside processing of a 601 waiver, USCIS states that an IR petition must be filed and approved for the alien.

    So what are the possible IR scenarios?
    a. USC sponsoring an EWI father or mother? That's fine for the IR petition, but it won't get you anywhere for the waiver because the sponsor is not a qualifying relative for waiver purposes. (Oh, you say, maybe the EWI father has a USC spouse or USC parent .... Well, if the EWI father has a USC spouse, go to c., below. If EWI father has a USC parent - ok, I agree, there's a scenario where the EWI father will qualify for a waiver - but I submit that this scenario where you have a USC parent (the qualifying relative for waiver purposes), an EWI child (the sponsored alien), and an over-21 USC grandchild (the I-130 petitioner) will be rare.
    b. USC sponsoring an EWI Child? Well, here you need to be talking about a child between the ages of 18-1/2 and 21, because no other child accumulates enough unlawful presence requiring the waiver. One must go through all sorts of obtuse machinations to come up with a scenario where a USC is sponsoring an EWI child between the ages of 18-1/2 and 21, and in any event, those scenarios, like the generation-skipping USCs described in a. above, will be few and far between.
    c. USC sponsoring an EWI Spouse? Bingo. That's really the only class of people who will have any real benefit from the stateside processing of 601 waivers - EWI spouses of USCs. That category of petition co-incides with the eligibility for a waiver. Why doesn't the USCIS just be more direct about this and call it like it is.
    Like many other lawyers who deal with these rules in the real world, I wish DHS would put more effort into other areas where more people will benefit: relaxing the standards for "extreme hardship"; instructing the Service Center adjudicators to quit trying to kill the economy by making such ridiculously high standards for Os, Ps, EB1, E1s and E2s, H1Bs, Ls, NIWs, etc. What are they trying to accomplish by this?
    The proposed stateside processing of waivers procedure also highlights the utter lack of a cohesive immigration policy: the parent-child relationship (where the child is the USC) is "king" when it comes to an I-130 petition, but it is meaningless for purposes of a waiver. Huh?
  3. David Nachman 's Avatar
    Dear Editor:

    On January 6th, 2012, the U.S. Department of homeland Security ("DHS") announced that it will be issuing new regulations for how unlawful presence waivers will be processed for certain immediate relatives who are filing immigrant visa applications abroad. Specifically, the new procedure will allow these individuals to file for a provisional unlawful presence waiver and await adjudication while in the U.S. If approved, they will still have to depart the U.S. to undergo visa processing and an interview at a U.S. consulate abroad. To receive a provisional waiver, they will still need to show that a lengthy bar from the U.S. would cause their U.S. citizen spouse or parent "extreme hardship." The proposed change would create a more streamlined and efficient process for waiver applicants whose sole inadmissibility ground is unlawful presence while simultaneously minimizing family separation. HOWEVER, WHAT WILL HAPPEN TO INDIVIDUALS WHO ARE DENIED WAIVERS UNDER THE PROPOSED PROCESS? For some, the proposed change could mean a "direct ticket" to their home country. We also fear that DHS will be creating a database of out-of-status individuals in the U.S. who entered without inspection. DHS envisions that an alien seeking a provisional waiver would be required to undergo biometrics collection and thus the Government would have all necessary information to initiate removal proceedings upon denial of a waiver (and also be able to build that database). While everyone is excited about proposed regulations, it is important to take a step back and think about negative consequences for some of our clients.

  4. Joseph Whalen 's Avatar
    Subject: Guam Military Base Realignment Contractor Recruitment Standards

    In tomorrow's Federal Register DOL will publish a notice on this subject. It is currently found here:

    It relates to the Guam H2-B recruitment for the move of the military base from Okinawa to Guam.

  5. Jim Roberts 's Avatar

    Dear Editor:

    Referring to last week's Letters,
    R. Yang seems to believe that repeating the same illogical dogma makes it more palatable or credible and simply will not accept the fact that TODAY, our Sovereign Nation has the right to establish needed controls in the interests of US citizens and not foreigners, even though he now allows that China has that right. The hypocrisy and arrogance here is huge as well as denial of Freedom. If an individual or organization

    graciously proposed a party or an association in which their circumstances allowed for a certain number of guests of THEIR choosing, and those guest invited others and ten, a hundred or a thousand times that number showed up, the result would be chaos, not only in the type of party that was intended but also in the costs involved. This is absurd and beyond impolite and also to complain about how others came to

    be invited or even how the Host was in a position to invite anyone, at the same time, calling them bigots, racists or haters if everyone were not allowed entry. If one feels that way, one should not attend the party or to leave it and not demand the the hosts change their choices.
    If the money costs of excessive entry does not reach the trillion dollar level in one year, it certainly does over multiple years.
    See: "Amnesty Will Cost U.S. Taxpayers at Least $2.6 Trillion"
    "Chilling Costs of Illegal Alien Migration"
    "The Cost of Immigration"
    Some costs are beyond monetary value.
    To say that illegal entrants indirectly pay taxes evades and obscures the fact that they broke the law and that thieves and other law breakers

    also pay taxes which does not excuse their crimes and the fact that
    legal citizens pay taxes without breaking our laws. Because of such
    irresponsible, arrogant and revolutionary agendas by open border advocates, an immigration MORATORIUM is now a prudent solution to sort out the excesses of the past to allow time for the Deportation and Assimilation processes to work which don't work fully now because they
    are overwhelmed. Any scheme or policy that does not call for
    Deportation of illegals that the law calls for is Amnesty and Shamnesty including sanctuary, lax policies and enforcement. Abuse of these parameters results in a failed Nation or State as California is showing
    US today. See: "California: America's First Failed State" Their used
    to be an old ad slogan that: "You can't fool with Mother Nature". You can't fool, change or trifle with Human Nature either!
  6. Regina Alberty's Avatar
    Subject: Self-deportation

    24 January 2012

    Romney's proposal that undocumented aliens in our midst should "self-deport" themselves back
    to wherever they came from is just one indication of how out of touch he is with the immigration
    issues that concern us all in America today.
    On immigration issues, Gingrich appears to be more in tune with possible solutions. Sad but
    true that the Republican Party has two patently defective front runners like Romney and Gingrich.
  7. ArtScoot's Avatar
    I would gladly pay more for my produce if it meant ILLEGAL ALIENS being deported. And the fact is that the increase in prices wouldn't be significant.
  8. Victoria Block 's Avatar
    What a dumb, and incorrect term--"please self-deport! Thank you for your support." What a ridiculous notion. And he would veto The Dream Act but says nothing about what he would do with these All-American kids!
    Please provide with some farmers companies' websides around Georgia, Alabama, North Carolina and Florida for jobs.

    Thank you.
  10. Rebekah Moses 's Avatar
    Subject: "Self-deportation" = Kris Kobach

    Check out Kris Kobach's rhetoric around "self-deportation." I'm sure you know that he is the sec o' state here in KS, and I've heard him use the term frequently -- although we are all still very perlexed as to how KK(K)'s anti-immigrant work has anything to do with the job my tax dollars pay him for. Plus, he just came out in favor of Romney so I'm sure he is spoon-feeding Mitt his hate speech. Please do not use my name in association with this comment -- I have a job that is funded by state government and Brownback.

    Also, check out these stories recently out of Kansas on SNAP and immigrants. Melinda Lewis of El Centro, Inc. in KC, KS is behind the advocacy campaign to get the policy changed. It'd be great to see ILW do a sotry on her work.
  11. Marcia L. Brown-Medina, MSW, LSW Hispanic Ministry Office-DOJ C/o Catholic Charities's Avatar
    Comment on "self-deportation":

    Obviously Mr. Romney does not begin to understand the complexities of Immigration because even after one would "self-deport" there is not opportunity for re-entry after having already been here, especially since the 1996 laws of the 3 & 10 year bars and even permanent bars! He doesn't have a clue!! Interesting how his father came to be a state Governor after having entered the US without his documents as well!! (due to Mexican Revolution....)

  12. Edmund Amartey 's Avatar
    Romney has already self-deported himself from the White House !
  13. Rudy Mosqueda 's Avatar
    Anyone prepared to make a life or death commitment to the US military deserves a green card after honorable service.

  14. Nolan's Avatar
    I read the following announcement from the House Committee on Homeland Security a few minutes ago:

    January 24, 2012 (WASHINGTON) - Today, Reps. Peter T. King and Bennie G. Thompson (D-MS), Chairman and Ranking Member of the House Committee on Homeland Security, sent a letter to John A. Boehner, Speaker of the U.S. House of Representatives, calling on him to consolidate jurisdiction of the Department of Homeland Security in Congress. Last week, President Obama lamented the inefficiency of congressional oversight of DHS--where DHS has to answer to over 100 committees and subcommittees. Consolidation of homeland security jurisdiction was a key recommendation from the 9/11 Commission and has yet to be addressed.

    This was going on in 2003 while I was a Judiciary counsel. That was nine years ago! And both the Republicans and the Democrats have held the House majority during that period. Why is it taking so long to fix this problem? The amount of time it takes for a government department the size of DHS to prepare and attend hearings throughout the year before more than 100 committees and subcommittees is staggering. This must be wasting a very substantial amount of time that DHS should be spending protecting our country (and dealing with immigration issues, of course). Think of this situation the next time you wonder why Congress isn't dealing with comprehensive immigration reform.
  15. Bruce Harrison 's Avatar
    Cancel my subscription! I served honorably in the U.S. military during the war in Viet-Nam. This article and your presentation of it offends me deeply. To say aliens make better members of the military than U.S. citizens is an extreme affront. Aliens may be as good as citizens but to categorically state they are better is not only incorrect but wholly offensive. Take a trip to any VA medical facility, make the statement that aliens are better military members than citizens, then see if you will leave the facility unscathed. I personally have medical complications from my service and have recently had to put myself in a wheelchair to attend some EOIR hearings on behalf of my alien clients. Better than citizens?

    in any event, cancel my subscription immediately.
  16. Don Crocetti 's Avatar
    I suggest being a bit more sensitive and strategic when writing articles. I'm reacting to the "Strategy Page" of the Immigrant Soldiers article.
  17. james nyamekeh 's Avatar
    Dear Sir,

    Thanks for providing up-to-date infoprmation on the GOP candidates about the most important topic on immigration. "Self deportation" must have been the best answer for a GOP candidate who have forgotten his history of how America was founded. I agree with you that such comments are sure ways of missing the boat to the white house. I believed the GOP presidential hopeful have forgotten that it takes numbers to win an election hence closing the door to hispanics and other immigrant popolations he has a strong hurdle to climb. Thanks

  18. F. Woodside Wright's Avatar
    Granting residency or citizenship to undocumented individuals who have lived dint the USA for extended period is a good idea. Many of my clients wish to serve and are unable to enter because of their lack of proper immigration status. All that have asked me about the possibility have had clean criminal records and have completed high school in the USA with at least average grades. My sense is the have a greater motivation to serve ad will do so to the benefit of the USA.
  19. Don Miller's Avatar
    The idea of "self-deportation" is a smokescreen. Here in North Carolina it has been estimated that some 80% of the illegally present Mexicans work in construction and construction-related jobs. There has been no meaningful construction in this state for at least five years, yet there is no indication that any signifiant numbers of Mexicans have "self-deported", and trust me, the liberal media here would certainly reported voluminously if this were the case. It is my guess that the Mexicans have learned how to exist here without working, as have many of our black Americans, and thus have felt no compunction to move elsewhere. Of course another significant factor is that NC is in essence a non-declared "sanctuary state" and makes little or no effort to discomfit those here illegally.
    As for aliens in the military...I disagree with the allegation that they are "better" soldiers than native Americans. Having spent 23 years in the US Army, it is my firm belief that loyalty to one's country, one's home, one's comrades, is the driving force that sustains a soldier in times of stress and fear. Anyone can put on a dress uniform and march in a parade; not everyone can stand the rigors of combat and death without some motivation more than obtaining a "green card".
    When I see a US-Mexico soccer game, played in the US, without the usual overwhelming sea of Mexican flags, then maybe I'll concede the point. Until then I stand with General George Washington who once instructed his ADC to "put none but Americans on guard tonight"!
  20. Joe Whalen's Avatar
    Guam-CNMI Visa Waiver Program extended to Russian Travelers
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