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Letters of the Week: Sep 26 - Sep 30

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  1. Joe Whalen's Avatar

    The above link is to the TPS-EAD teleconference of 9/8/11.
  2. Joe Whalen's Avatar

    USCIS has moved, as expected, to dismiss the Victorville EB-5 RC challenge to Termination as not ripe or final for judicial review. The Termination was certified to AAO. This compliant may be the best current discussion of USCIS' views on AAO authority within USCIS and basic AAO procedure while we await the rulemaking previously promised. AAO was working on a rule in 2005 and reiterated in October 2010 that a rule was in the works for publication "soon". Nearly a year since the last statement of intent but over 6 years since asserted to the Ombudsman. In reality this has been an agenda item since 1995.

  3. James Yeina's Avatar
    I am really very glad for the message i use to received from you,it gives me hope in my heart even though i did not yet pay what was required from me.My comment was that in Africa most places are still did not have possibility way of communication and understanding also is very low try to consider what we are trying gain.In fact i had started applying to Green Card Lottery Head Quarter on the 2nd of March 2011 up to now i am still applying and even i don`t know what is lack on my side,but i had understood that you need payment from me. Thanks.
  4. Jim Roberts's Avatar
    Last week's post of T V Krishnamurthy in endorsing the rants of Richard
    Yang, trashing the Constitution and enshrining the communistic concept
    of "human rights" is Exhibit A showing the latter is designed to be a
    destroyer of national culture, laws and sovereignty and is a convenient
    excuse for those who having their own agendas, simply don't wish to
    abide our laws. If TVK thinks the USA is corrupt and self serving now
    (which it partly is, particularly at the top) he need only wait for the
    arising NWO to see to what degree corruption can arise. Imagine being
    controlled by the United Nations rather than Congress. This New World
    Order (or Odor) also pushes the human rights banner which today for them

    means that millions of foreigners can invade any nation's borders to
    weaken them for the transition, but rather than rights being guaranteed,

    their version is only promoted for a temporary goal and such rights may
    and will be much different if/when their nirvana arrives.

    Such advocates are either dupes for this agenda of the elitists or are
    in complicity with it. The wars, debt, fiat money, moral decay and
    excessive migration are all policy weapons they pursue in their
    nefarious quest for a World-wide plantation that relatively few control.

    That's why they love Mexico so much (where the world's richest man
    lives). That's the model they wish to impose on the rest of us --- A few

    rich at the top, few middle class and a whole lot of poor, compliant
    peons doing the work. The reduction of the middle class here and
    elsewhere is well underway. What better way to achieve their goal than

    to allow millions of Mexicans here to show US the model. Now do you
    know why the BO administration is suing states and blocking their
    perfectly legal entry enforcement laws?

    Rather than rants of RY, whose economics and history seems to be equal
    to his grammar, let's look at a couple of scholarly studies. RY claims
    that without open borders and labor markets, we would not be able to
    afford to eat. But a Center for Immigration study showed that: "Labor
    costs comprise only 6 percent of the price consumers pay for fresh
    produce. Thus, if farm wages were allowed to rise 40 percent, and if all

    the costs were passed on to consumers, the cost to the average household

    would be only about $8 a year. Mechanization could offset higher labor
    costs. After the Braccero? Mexican guestworker program ended in the
    mid-1960s, farm worker wages rose 40 percent, but consumer prices rose
    relatively little because the mechanization of some crops dramatically
    increased productivity."

    Rather than trashing the ideals, history, nativists and patriots that
    have fought and died to achieve what has been accomplished by the US,
    citizens and legal residents should strive to honor, aid and sustain
    them against those who seek their destruction. The latter along with
    those here illegally should be deported as soon as possible!
  5. Richard Y's Avatar
    Re : Mr. Robert's letter (ID 9/27/2011)

    Mr. Robert's letters contradict themselves. Communists don't believe in FREE MARKET aka Capitalism. Communists believe in nanny state government that take care its citizens in many things including "jobs guarantee" and "culture of entitlements". It seems the supporters of etatism and communism here themselves are trying to paint others as communists. I call this as an irony, just like so called conservative Americans demanding small government that stay the h*ck of their private life yet want to ban same sex marriage and abortion because of their religious objections. Ridiculous as always.

    I believe in meritocracy and free market principles, I believe in equal rights for all human beings and I don't believe in exclusive entitlements on anyone just because they're simply lucky to be born as US citizens per se. Free market means anyone can trade freely by free will and by mutually agreed terms and conditions in exchanging goods and services without any governments interference especially on behalf of some whining citizens who hate their exclusive rights to monopoly and think they're entitled to something without working hard and earn it and don't have to compete with others to win and obtain something. I believe that foreigners should have equal rights to access our labor market as Americans should have equal opportunity also to access labor market in any other countries. Why countries on this planet should make it so difficult with unnecessary red tapes for ones to find better opportunities somewhere else over the objection of some local people who are loser whiner and think they're entitled for something and may take things for granted forever ?

    Am I a globalist and utopian person ? Yes, I am. I believe that nobody should discriminate and hate anybody because of our differences nor I can think that I am entitled to something without earning it. If restrictionists still believe in isolationism and protectionism to make their life easier and better and they can keep dreaming on them but it's not going to happen. If ones believe protectionism and isolationism work then they can live in small island themselves, make their own currency, trade between themselves, buy locally and support their own people for jobs. I really want to see how that's going to work well. Restrictionists should choose between $ 199 made in China tablet computer vs. $ 399 made in USA one made by real blonde Americans who can show their birth certificates there's no other way around. Ones can't have it both ways, expensive labor cost translate in extra dollar should be spent. The question will ones stop complaining about this and be happy to pay extra dollars to support this delusional "patriotism".

  6. Jim Roberts's Avatar

    am sending the balance of my earlier post (with deletions) in this
    separate post, starting with the reference to the CIS labor study.
    See: "Farm Labor Shortages: How Real?" Center for Immigration Studies

    The free trade that RY and Libertarians advocate sounds good in
    practice, but fails US in pragmatic practice. ? See: "Free Trade in
    Theory and Practice"

    "The known necessary conditions for free trade to be mutually beneficial

    do not hold in today's environment where factors of production are as
    mobile, if not more so, than traded goods. What we are witnessing is not

    trade based on comparative advantage but the flow of first world factors

    of production to cheap Asian labor where the productivity of capital and

    technology is highest. I do not dispute that global gains might exceed
    first world losses. Nevertheless, the flow of factors of production to
    absolute advantage in place of comparative advantage vitiates the case
    for free trade that it produces mutual gains to the countries involved.
    What we may be witnessing is global capitalism destroying national
    sovereignties, leading to a global government." ?

    The problem with Libertarianism is that their idealistic ideas are often

    taken to an impractical extreme, such as my freedom exceeds the personal

    or collective property rights of others to place limits (borders) on
    that freedom. Your right to swing your fist ends where my face begins.
    Freedoms are thus reduced when numbers are increased. Nations have a
    sovereign right to shape their societies. Even Roger Algase has now
    become a Restrictionist with his unprecedented references to border

    RY also states: "In ancient time ones could go to another territories or

    kingdoms as they wish without any fuss from some nativists like today"
    and cites Moses and Jesus as examples.
    Another CIS study gives us a different perspective. ? See: "A Biblical

    Perspective on Immigration Policy" | Center for Immigration Studies

    "Thus, what is the biblical position relating to those who would be
    immigrants? Have they the right to impose themselves on a sovereign
    nation, an established society? First, the biblical standard for
    immigrants is that they obey the laws of a nation Obviously, this
    relates to abiding by a nation's decision whether or not to admit an
    alien, and on what terms and conditions. It also includes an
    assimilationist ethic. Foreigners duly admitted into a particular
    society are expected to assimilate, not impose their own customs,
    language, etc. and remake the receiving society in their own image."

    "Second, forcing oneself on an existing nation is both unjust and
    unjustifiable. In other words, illegal immigration is morally wrong.
    Lawbreaking aliens bear moral responsibility for their unlawful actions.

    Even desperate circumstances do not justify illegal immigration."
    "Almost no illegal aliens to the United States are fleeing starvation or

    physical danger. A Pew study found that most illegal aliens quit a job
    in their home country in order to break U.S. immigration laws merely to
    make more money here. Thus, illegal immigration is at its core
    principally a matter of greed and envy on alien's part. Those illegal
    aliens and those purported Christians who defend their illegality,
    advocate mass amnesty, and argue against the lawful enforcement of U.S.
    immigration laws particularly veer far from what would seem a more
    sound, biblical position. Illegal aliens who claim to be Christians
    especially would do well to own up to their responsibility under God to
    be content in their home nation."

    "Foreign lawbreaker's envy toward American's material and political
    blessings may bring upon themselves eternal consequences: Violating
    immigration laws, just as violating other civil laws, manifests one's
    failure to trust God to meet His people's needs. For what does it
    profit a man to gain the whole world and forfeit his soul? Jesus asks in

    Mark 8:36."

    The following article discusses some of the damages America is suffering

    now and will in the future with the lax entry policies we have:
    "Immigration's Onslaught: Fracturing America" What an added 75 million
    immigrants will do to this civilization as to culture, environment,
    quality of life and standard of living. See: ? ?

  7. Honza Prchal's Avatar
    nota bene the immigration article, which may interest your readers.

    Top ICE Lawyer Calls Immigration Policy a Balancing Act
  8. Honza Prchal's Avatar
    Alabama Immigration lawsuit ruling your readers may be interested in:

    Commentary from an attorney who followed the case fairly closely, not Honza Prchal, is below:

    Judge Blackburn has entered an order on the request for preliminary injunction in the case brought by the U.S., as well as in the case brought by an Episcopal Bishop and other plaintiffs. To the extent relief was granted, Judge Blackburn did enjoin enforcement of certain sections of the law as set forth in the attached order and Memorandum Opinion. In other words, the request for an injunction was either denied or moot as the case brought by the Bishop.
  9. Honza Prchal's Avatar
    Kind of amusing, kind of interesting, Republicans and pizza, an industry-wide love affair, with bi-partisanship mostly appearing on immigration issues.

    Why Do Republicans Love Pizza?
  10. Joe Whalen's Avatar
    USCIS is changing the N-600 form, instructions and processing.

    They are moving to Lockbox filing and will be issuing receipt notices like most other forms.

    In the form instructions, under "Who should NOT file....", I am pleased to see the addition of item #5:

    "You already filed a Form N-600 and received a decision from USCIS on that previously filed Form N-600. USCIS will reject (not accept) any subsequently filed Form N-600. Please review your Form N-600 denial notice for more information."

    It portends the improvement of the actual information to be included in the Decision Notices (Denial to include improved appeal and motion rights information. Will they properly inform of judicial review availability?)

    This is long overdue. Something along these lines was suggested previously in December 2010. SEE!documentDetail;D=USCIS-2006-0023-0026
  11. Richard Y's Avatar
    My objection on restrictionism is very clear : on what rights and moral authority, ones may restrict others' freedom and human rights for better opportunity and survival while restrictionists themselves got upset when they were discriminated if they're in the same shoes. I call this many times as blatant hypocrisy. Our ancestors have moved around here and there since the beginning of our existence in this universe for survival and better life or opportunity. It's the instinct and nature of all animals to do so.
    In the ancient times including Biblical times, there were no visas, passports, exit permits etc. Mr. Robert's claims that Biblical patriarchs were subject to immigration control once again baseless and ridiculous. Cultural assimilation by the immigrants into new host countries should come by free will not by the force of the society or racist laws. The Jewish diaspora worldwide make the Jewish immigrants try to adapt to their new host countries and cultures but they won't forget their heritage, culture and religion. There are nothing wrong for ones to preserve their own ancestors' culture, language and identity as long as they don't violate others' human rights and freedom whatsoever. We celebrate diversity here in America and we have "E Pluribus Unum" motto for our nation. It's shameful to state bigoted racist demand that ones must adapt to the culture of the majority by force for political reasons.

    Yes, we have to reject "customs, religious beliefs, personal habits" that don't fit into secular democratic society that believe in equal rights for all human beings. Muslims that still believe in Islamic Sharia that bless apartheid policies based on gender, sects and faiths should not be allowed to immigrate to any secular democratic countries by this virtue.
    French is right when they ban the Burqas veils and we should copy them. We should not allow any one to pray on our public streets 5 times a day blocking traffics nor allow any places of worship to emit noise pollution whenever they have prayers.

    Worldwide separation of religions and state indeed will help to ease refugees problems in the North Africa and Middle East countries. We must say enough is enough all of these non sense, violence, hypocrisy, ignorance, intolerance, sectarianism and inequality in the name of God and faiths.

    That is the answer for stability and peace in the Middle East, for Palestinians and Israelis and to defeat the Taliban and Al Qaeda. We must expose this holier than thou hypocrisy in the name of faiths. I apologize to anyone for my "political incorrect" position on this issue but it's the time for the entire humanity to say enough is enough and this doesn't cost hundred of billions of dollar to do so.

  12. Gladys Farris's Avatar
    Dear Editor:

    It is true that the Hispanic Immigants are the mayority in the US. However this community has always worked jobs that are the ones the native or those legalized want to do. There is a small percentage who does jobs easier and can be done by the native if the native want to work. Yes, Obama failed and at this point he has a record of deportation no other President had. The Hispanic are looking and listening to what the Candidates are saing and not only are they listening to the Candidtes for President but Congressman and Senator. I think they are seeing the light.
  13. Zoe Adams's Avatar
    Dear Editor,

    Not sure if you would be willing to help but on the basis of " if you don't ask, you don't get" I thought I would contact you.

    My name is Zoe Adams and I have been working for several years to try and bring about a change in the E2 Treaty Investor Visa. It is outdated and to be honest, a change that would bring about the possibility of Green Cards for long term holders could only be good for the USA as it would bring further investment and further job creation.

    It would also be good for the Immigration Lawyer community as it would generate lots of new business for them with successful E2 businesses converting to Green Cards.

    In speaking to many lawmakers and lawyers, it seems to be an idea that is well received, however, in the current climate, it is obvious that any kind of immigration reform is going to be met with resistance, however good the idea may be in practice.

    I have recently started a petition on the White House web site that says if you can get 5000 signatures in 30 days, then they will look at the issue.

    So my question is... would you be prepared to put a link to the petition on your daily newsletter ?

    If the answer is yes, then the link is

    I look forward to hearing from you.
  14. Richard Y's Avatar
    Re : Mr. Robert's letter again

    God wants us to "contend" with our own home countries ? However bad and corrupt they are ? Countries with endless senseless sectarian wars, ruled by narco mobs, with no job prospects, corrupt and evil regimes ?

    If so why the Pilgrims escaped Europe in 16th century and why we applauded East Germans fleeing communist regime to the West Berlin ?

    Mr. Robert's et all may need to put their feet in those who live in Somalia, Iraq, Afghanistan, Haiti, Mexico, Colombia, Congo, Rwanda and so on. so they can have a little compassion and empathy on those poor folks they want to slam the golden door of hope in the name of protectionism.

  15. Richard Y's Avatar
    Wealthier West Germans have 2 choices whether they accept more and more poorer East Germans coming to the West for jobs and food or
    they help their relatives in the East by investing and pumping funds to build the East German and improve their living standard.

    Same thing happen in China. The Chinese government can't just restrict their own citizens living in the rural areas and hinterland less developed provinces to move to Shanghai and Beijing for jobs and better wage or living standard without trying to improve living standard and develop the inner provinces and rural areas to prevent urbanization.
    China invest a lot of money to develop Tibet, Xinjiang, Inner Mongolia etc. provinces in the middle and deeper in the countries so living standard in Chengdu Sichuan province will be on par with big cities on its Eastern coast.

    We have open border with Puerto Rico, American Samoa, Guam, US Virgin Island, if we don't want those living there to immigrate en masse to the mainland US the only solution is to bring investment and improving the living standard at those territories.

  16. Joe Whalen's Avatar
    The Victorville EB-5 Regional Center Case has been Administratively Closed and Stayed with a report and proposed order are due December 22, 2011.

    See it here:
  17. Joel H. Paget's Avatar
    While I agree with your general comments about this sad piece of legislation and unfortunate court order, I think you reference to Thomas Jefferson is misplaced. Mr. Jefferson owned a number of slaves and profited from them so he could sit in Philadelphia and write such fine words. If only writers would follow what they advise others to do.
  18. Honza Prchal's Avatar
    With all due respect to the Trib, when it writes of re second class human beings, by making a mess of immigration law and enforcement and creating a semi-permanent helot class in the grey market sector of our economy, the feds created "second-class human-beings". As much of a waste of time as the Alabama immigration law is, the Feds could solve this problem by actually having some law that makes sense and is reliably enforced.
    Federal immigration law is so complicated and so disconnected from real world incentives that it is unworthy of respect. The Alabama immigration law is the wrong solution, but it is hardly "the Old South", which rested on gathering rents from people who could not fully participate in civic rights. As misguided as it is, the Alabama law is trying to interfere with the economic incentives, from both employer and employee ends, which are driving people into a legal grey zone as illegal immigrants. It is an example of a truly classic cheap shot that pretends that all problems have simple and straightforward solutions.
  19.  Jim Roberts's Avatar
    Regarding "Comment: Old South Reborn", certainly Cecilia Wang of the
    ACLU would agree: "This law is an outrageous throw-back to the pre-Civil

    Rights era". However, Alabama Gov. Robert Bentley stated HR 56 was
    simply because: "We have a real problem with illegal immigration in this

    country". And it was passed by a Republican controlled legislature, the

    first time they have controlled both House and Senate in 136 years and
    it was signed by a Republican governor. This is not the "Old South
    Reborn" See: "What is Alabama's Immigration Law?"

    While your Declaration quote is valid, it is up to citizens of other
    lands to establish these values there. While we can encourage that, our

    Constitution was established to: "secure the blessings of Liberty to
    Ourselves and our Posterity" (Preamble). This natural course of events
    is precluded for US and them when high rates of entry come here. See:
    "Overloaded Nations and Failing States"

    Richard Yang's globalist agenda for open borders certainly coincides
    with that of the elitists who wish to diminish and/or destroy the
    sovereignty of all nations in favor of a NWO. See: "The Secret Cabal" (and) "The
    Counterfeit Culture" Can we add

    counterfeit citizens to this list? While all do not believe in the
    Bible, it does contain much wisdom, guidance and comment. See: II
    Timothy 3:16 and Isaiah 1:7.
  20. Peter A. Schey's Avatar
    Same sex married couples and benefits under the INA

    We are working on a federal court case involving a constitutional challenge to the Defense of Marriage Act (DOMA) which has been used by USCIS to deny or refuse to adjudicate family-based petitions and applications for same sex married couples. We are interested in discussing this case and the issue with other lawyers with clients who have been denied family-based benefits under the INA solely because of their status as a same sex lawfully married couple. Please feel to contact me via email at or cell 323-251-3223.

    Peter A. Schey
    President and Executive Director
    Center for Human Rights and Constitutional Law
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