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Letters of the Week: Oct 11 - Oct 14

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  1. Joe Whalen's Avatar
    I have just posted DHS Delegation Memo 0150.1 detailing USCIS authority. It is not 100% correct anymore as a few authorities have changed since it was written. This memo has been cited all over the place but as I could not find it, I requested it via FOIA.

    It is found at:
  2. Michael Dale Smith, Twin City, Georgia's Avatar
    TO: Georgia Agriculture Commissioner Mr. Gary W. Black
    FROM: Michael Dale Smith
    SUBJ: No Amnesty and No Guest Worker Program for Georgia
    DATE: October 6, 2011

    1. Farmers in Georgia will not get an amnesty or a guest
    worker program for their illegal labor. There is
    already a guest worker program for farmers, it is
    called the H2A Program. Georgia farmers are to cheap
    and arrogant to use it.

    2. Georgia farmers are to blame for the problems and the
    costs associated with illegal immigration. They are to
    be held accountable for burdening our local schools,
    hospitals and jails.

    3. Most important, they are responsible for the high
    employment and increasing poverty in Georgia.
    Remember, illegal aliens do not "stay on the farm"
    forever. Eventually, they leave the farm and find
    employment in manufacturing, construction and
    other industries.

    4. Americans will do farm work--eight or more hours a
    day--if the farmer pays a wage that can support an
    American family!

    5. Commissioner Black, these farmers tell you about Mom's
    apple pie and how they go to the local Southern
    Baptist Church every Sunday. In fact, they are
    criminals. For instance, did you know farmers
    --before and after September 11, 2001--sent long-haul
    job recruiters to the Texas-Mexico border to recruit
    illegal aliens. When the recruiter and illegal aliens
    returned to Georgia, the farmer paid a counterfeiter
    to make fraudulent documents for the illegal labor?

    6. How many times do the people of Georgia need to tell
    public officials like yourself--enough is enough.
    Commissioner, Americans come first and everyone else
    is going back to their home countries.

  3. gualter cordeiro 's Avatar
    please make copies of the following letter. Sign it and mail it to congress, senators, house of representatives and President Obama. Please pass it on. Thanks

    To the Congressman, Senators, and Representatives of the United States of America.

    We the people of the United States are requesting that a law be extended to help benefit families of United States citizens.

    Law INA 245(i) allows some aliens, who are eligible for permanent residence based on a family relationship or job offer in the United States, to become lawful permanent residents (with green cards) without leaving the United States. INA lei 245 (i)
    However, INA 245(i) states that if an I-130, I-140, I-360 or labor certification was filed with USCIS on behalf of the alien before April 30, 2001, the alien may be able to adjust status and receive a green card without leaving the United States. If the visa petition or labor certification was filed between January 14, 1998 and April 30, 2001, the alien must prove that he and/or she was in the United States on December 21, 2000.

    Tens of thousands of families that are trying to do the right thing are being torn apart and adversely affected by the April 30, 2001 deadline that applies to this law. Not to also mention the thousands of jobs and buisnesses that have been affected and or interupted by the passing of this law. Families that applied for adjustment of status after April 30. 2001 are being forced to leave the United States and return to their foreign country to adjust their status. 2001 . However, these people are becoming inadmisible into the United States for a period of 3 to 10 years as punishment for being in the United States illegally.

    The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) enacted in September 1996, provided that an alien who accumulates between 6 months and 1 year of unlawful presence in the United States after April 1, 1997, becomes inadmissible for 3 years if he and/or she subsequently leaves the United States. . Even if an alien who had become subject to a bar were to obtain a visa at a consulate, he and/or she would not be admitted into the United States upon arrival. . Similarly, an alien who accumulates 1 year or longer of unlawful presence becomes inadmissible for 10 years.

    Husbands, Wives, and Families of United States Citizens are being affected by the separation from other family members for a period of between 3 to 10 years since the passing of . This current law needs to change and be extended to a later date to give oppurtunity to those that who were elligible prior to the introduction of the INA 245(i) law. It doesn't make sense that if someone is married to a United States Citizen, that person needs to stay out of the United States for a period of up to 10 years just to adjust their status. Some people are not trying or are completely giving up to adjust status because the chances of returning to the United States to reunite with their families seems, at this point, almost impossible since the introduction of INA 245(i). With your help, the extension of this law would help these people remain in concent with the law and stay as socially concious workers.

    I, as one of the people of the United States, respectfully request that Law 245(i) get extended so that families are no longer separated and all the illegal aliens that have visas immediately available are able to adjust their status without having to leave the United States.


    Pauline Rubin
  4. Joseph Whalen 's Avatar
    I have just posted DHS Delegation Memo 0150.1 detailing USCIS authority. It is not 100% correct anymore as a few authorities have changed since it was written. This memo has been cited all over the place but as I could not find it, I requested it via FOIA.

    It is found at:
  5. richard y's Avatar
    Not too many fellow Americans are smart enough to figure out the laws of economics and realize that to be able to compete with foreigners we only have choices with same results. Import taxes, forcing Chinese and others to revalue their "cheap" currencies or devaluing USD mean higher prices for us as consumers and or lower purchasing power, we need more money to buy things because of what we ask for but never think about the consequences. Will any presidential candidates be honest to tell the voters of these consequences? Yes, I am going to make you pay 50% more on your shoppings and I approve this message, signed your president wannabe. Georgian farmers can't hire cheap undocumented amigos? Sure, with $ 25/hour all real Americans labor and 50% more on potatoes, letucces etc prices, I would like to see any happy takers. None should expect paying less while stubbornly insist that will be possibly done by higher labor costs. Slapping Chinese with 50% import tax = 50% USD devaluation = 50% less purchasing power for all Americans. None can have the cake both ways, sorry.
  6. richard y's Avatar
    The future Senate will have to apologize again for today immigration policy that still foster so much hatred, bigotry and create humanitarian disasters and lost of life for many just to cater many loser nativists that feel entitled to many things and hate competition by embracing selfish hypocritical xenophobe laws. Many Chinese Americans today have proven that they can be great contributors for this country despite past injustice, hardship and discrimination based on bigotry, racism and prejudiced on their ancestors. Forever shame for those who still believe there should be caste system based on apartheid policies in our humanity.
  7. T V Krishanmurthy's Avatar
    Ref: Senate apologises for...

    I have read the article titled "Senate Apologizes for the 1882 Chinese Exclusion Act
    by Gary Chodorow". The apology displays the sense of right and wrong still prevelant among the US senators.

    The senators should consider INA 214(4) in the same spirit and apologise to many of us who have been framed as illegal immigrants by Visa Officers and denied visit visa. This action by VOs is criminal and contrary to ethics. No one should be judged a criminal without trial and interview by VO is only trial by kangaroo court.

    Yes I am harsh but what VOs do is human right violation.

  8. Kip Evan Steinberg's Avatar
    Important FOIA victory

    Dear Editor:

    I just won a very important FOIA case against USCIS. I am attaching the Order [MIRSAD HAJRO, JAMES R. MAYOCK v. USCIS]. I have spent several hundred hours working on this pro bono case since 2008.

    If you write about this case, I would appreciate if you would please send me a link to the story. Thanks.
  9. Marc M. Yelnick, Esq.'s Avatar
    I rarely write to an Editor, but....

    ....I felt compelled to do so. The gov't processing page (is it new?) is one-stop shopping at its best. I foresee myself loading it several times a week and, as is my wont, keeping it opened the entire day. Thanks.
  10. richard y's Avatar
    Re: Mr. Krishanmurthy letter (10/14/2011)

    US consular officers in all poor developing countries are always under assumption that Non Immigrant Visas aplicants have intent to immigrate and work without permission unless they can prove otherwise. The problem is there is no objective way to evaluate whether ones are bona fide individuals or not, it's up to the discretion of the consuls who conduct the review and interview. Many wealthy applicants who really don't want to live in the US often get their visas applications rejected and they don't want to be humiliated and insulted everytime they must apply for NIVs. Instead of dealing with the hassles they simply bring their money and spend it in countries that are more sensible with their visa policies and friendlier to foreign tourists. That is why Las Vegas is losing business to casinos in Macau, SAR, China or Singapore and theme parks in Orlando are losing business to ones in Hongkong and Singapore. The most atrocious thing in our consulates policy is collecting $ 140 per person whether their NIVs application denied or accepted. It's immoral, unethical and a scam in my opinion. It's money maker in many consulates in developing countries such as India, China, Indonesia etc. The lack of transparancy in granting NIVs in developing countries also encourage corruption and bribery by selling those visas to unqualified applicants. Countries worldwide should stop harrassing and punishing foreigners just because they work without prior legal permits, they must go after the employers that make this happened. These employers must be responsible for breaking labor laws and must pay the cost of humane and immediate repatriation of those foreigners to their countries of origin. I don't see any rational reason of why these foreigners must be banned for 3 or 10 years even life for applying NIVs or immigration visas in the future if their circumstances have changed so much better, they may had been deported in the past and now are wealthy individuals that have no desire to immigrate to US except going on vacation, shopping and visiting old friends, why on earth we can't welcome them with open arm? Blacklisting these individuals only serve our ego starved with the feeling of superiority.None should be jailed or tortured simply because they work without permits in foreign countries. Countries also must see mutually benefecial policies by signing agreements with other countries to let their citizens to legally work based on equal and reciprocal treatments with dignity and without any stigma and prejudice. Sensible, humane, rational and fair immigration policies based of the new realities of 21st century in more globalized world and economy will make our world a better and peaceful one
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