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Apr 19 - Birther Bill Vetoed In Arizona

Rating: 2 votes, 5.00 average.


-----------------IMMIGRATION DAILY FROM ILW.COM------------------


April 19, 2011



*


http://www.ilw.com/immigrationdaily/digest/2011,0419.shtm

_________________________________________________________________


ITEMS


1. Comment: Birther Bill Vetoed In Arizona - Arizona has once


again drawn the attention of pro-immigrationists and anti-


immigrationists alike due to Governor Jan Brewer's veto of the


so-called "birther" bill



*


http://www.csmonitor.com/USA/Politics/The-Vote/2011/0419/Why-Arizona-governor-vetoed-gun-law-and-birther-bill-irking-the-right

in that state. The bill would have required Presidential


candidates to prove their US citizenship before their names could


appear on the state's ballot. If candidates could not provide


their birth certificate, the Secretary of State could have


accepted baptismal or circumcision certificates, hospital birth


records and other documents as proof. Gov. Brewer stated that she


was uncomfortable asking Presidential candidates to submit their


proof of citizenship to the state of Arizona, and leaving it at


the discretion of state officials as to whether or not to put the


candidates' on the ballot. This bill was driven by claims that


President Obama's birth on US soil has not been proved, despite


repeated confirmations from Hawaiian officials including two


successive governors - one Republican, the other Democrat of that


State. Common law percepts argue for the acceptance of (and the


veracity of) vital records when such records are attested as


authentic by the designated custodians of those records. Gov.


Brewer's veto of this bill reiterates the central place of the


State of Arizona in the immigration debate, and highlights the


fact that not all developments in that state are in the anti-


immigration direction.


2. Article: US Immigration Rule(s) Affecting Hijab by Yosef Yacob



*


http://www.ilw.com/articles/2011,0419-yacob.shtm

3. Article: Re-envisioning Security And The Movement Of People by


Susan Ginsburg and Kristen McCabe for the Migration Information


Source



*


http://www.ilw.com/articles/2011,0419-ginsburg.shtm

4. Article: E-Verify Update: Self Check Goes Live on March 21,


2011 in Select US Locations by John Fay



*


http://www.ilw.com/articles/2011,0419-fay.shtm

5. Bloggings: H-1B Usage Off To Slow Start by Greg Siskind



*


http://www.ilw.com/articles/2011,0419-siskind.shtm

6. Bloggings: Founder of DREAMActivist.org Targeted for


Deportation by Matthew Kolken



*


http://www.ilw.com/articles/2011,0419-kolken.shtm

7. Bloggings: Virginia Denies Driver's Licenses to Refugees by


Jason Dzubow



*


http://www.ilw.com/articles/2011,0419-dzubow.shtm

8. Bloggings: Montana Receives its first EB-5 Regional Center


Designation by Brian Su



*


http://www.ilw.com/articles/2011,0419-eb5.shtm

9. Bloggings: PERM: Proof of Publication on Website by Joel


Stewart



*


http://www.ilw.com/articles/2011,0419-stewart.shtm

10. News: USCIS Publishes QAs On Final Rule On Employment


Eligibility Verification



*


http://www.ilw.com/immigrationdaily/news/2011,0419-employmenteligibility.shtm-


11. News: USCIS Updates H-1B Cap Count



*


http://www.ilw.com/immigrationdaily/news/2011,0419-h1bcap.shtm

12. News: USCIS Updates H-2B Cap Count



*


http://www.ilw.com/immigrationdaily/news/2011,0419-h2bcap.shtm

13. Focus: Consular Processing for Experts


ILW.COM is pleased to announce "Consular Processing for Experts",


a new 3-part telephone seminar with Jan Pederson (discussion


leader), Ellen Freeman, Kehrela Hodkinson, Joanne Orizal, Laurel


Scott, Elaine Witty and others. Tuesday, April 19 is the deadline


to sign up, the curriculum is as follows:


FIRST Phone Session on April 20: NIV Issues


++Third Country National NIV Applications In Canada And Mexico


++Border Posts: overview of who can and cannot apply.


++Rationale for limitations on who cannot apply.


++Appointments always necessary.


++Necessary forms: DS-160


++At which posts can List of 26 and T-7 apply?


++Is there a case for a TCN not applying in Canada or Mexico, if


eligible to do so?


++Border Post review of right to counsel at visa interviews.


++Circumstances under which an applicant not issued a visa at a


border post can return to the United States.


++Home Country Visa Applications


++Appointments almost always necessary. Check waiting times on


DOS and consular post website for details.


++Research post policies, personnel and local red flags.


++CIS approved petitions (H, L, O, P) are not a promise of a


visa.


++Prepare the client for the interview and ensure visa


applications are completed accurately and completely.


++Documents applicant should bring to the interview.


++Waiver of personal appearance.


++What to do when there is a glitch at the visa interview:


++Security clearances, NCIC Checks, and Hits in the Database: the


applicant forgot about the arrest for pot or shoplifting 30 years


ago.


++Petition Issues: Job Inflation and Skills Tests - does the job


exist and can the employer afford to pay the wage?


SECOND Phone Session on May 12: IV Issues


++Considerations in Consular Processing.


++Unlawful presence and effect on application


++Risk that the applicant's visa and/or immigration history may


result in delay or denial.


++Readjudication of labor certifications, visa petitions and


qualifications of applicant.


<Issues at consular posts in India


++"Following-to-join" issues.


++Documents to file with the consular posts.


++When can principal alien's entitlement to LPR status be


readjudicated at the IV interview of the "following-to-join"


spouse or child?


++When may the IV issuance be properly delayed and for how long?


(Issue arises in Manila when principal alien adjusted status as a


nurse; Issue arises when principal alien adjusted status as an


asylee or through legalization; Issue arises when consular


officer questions whether principal alien in F2A (unmarried minor


child) and F2B (unmarried, adult son or daughter) cases is


maintaining his/her principal place of residence and domicile in


the United States at the time of the interview.)


++Considerations in family-based petition cases.


++When blood relationship questioned, may attorney insist on DNA


test and through what mechanism? Often much time would be saved


through DNA testing, particularly when the alternatives are


returning an approved petition to CIS and/or awaiting the outcome


of a local investigation.


++Strategies to resolve relationship questions locally in lieu of


petition return to CIS.


++I-864 issues (E.g. Whether petitioner "resides" in the United


States.)


++Processing of an "Age-Out" Case.


++Processing of a Child Status Protection Act (CSPA) Case.


++"Portability of an approved alien labor certification and


I-140" to immigrant visa processing


THIRD Phone Session on June 2: Waiver Practice in Consular


Processing


++Nonimmigrant Visa Waivers of Inadmissibility.


General Issues:


++Who is eligible for a 212(d)(3) waiver?


++Which grounds can be waived?


++Which grounds cannot be waived?


++The life of a waiver.


++Procedures for requesting a 212(d)(3) waiver.


++Request made to consular officer after refusal.


++Consular officer can either recommend or refuse to recommend to


overseas DHS office that a waiver be granted.


++DHS has final authority to grant or deny waiver.


++Appeal procedures if consular officers refuses to make


favorable recommendation and winning strategies.


++Processing Times and Procedures.


++When the waiver request must or may be sent to the Visa Office


by the consular officer.


++Criteria considered in waiver request/approvals.


++Matter of Hranka effect?


++How big, how bad and how long ago was the prevarication?


++How long ago was the conviction and how serious was the crime?


++Evidence of reformation and remorse.


++Purpose of trip. Does life-saving medical treatment trump a


trip to Disneyland?


++Consular officers are directed to apply a balancing test;


weighing the equities against the negative factors. How this


works in practice.


++Immigrant Visa Waivers of Inadmissibility


++General Issues


++Who is eligible for a waiver?


++Which grounds can be waived?


++Which grounds cannot be waived?


++Procedures for requesting a waiver.


++Form I-601 filed with consular officer for most grounds.


++Consular officer must forward I-601 to DHS office overseas for


adjudication.


++Fingerprints and G-325A often required.


++Send client to IV interview fully documented with respect to


both possible grounds of ineligibility and reasons why waiver


should be granted.


++Coming to America when a visa isn't issued.


++Humanitarian Parole


++Visa Waiver at port-of-entry


++212(d)(4) waiver at land border port of entry


Tuesday, April 19 is the deadline to sign up. For more info,


including speaker bios, detailed curriculum, and registration


information, please see: Online:



*


http://www.ilw.com/seminars/201105.shtm.

Fax form:


http://www.ilw.com/seminars/201105.pdf.

Don't delay, sign up today.


14. Headline: Sign up today ! CLE Seminar: Physicians For



Experts


http://ow.ly/4vy33

Headline: Senate Dems kill voter ID, immigration crackdown



proposals


http://ow.ly/4Doci

Headline: Waltham Residents Voice Thoughts On Immigration



Enforcement Program


http://ow.ly/4Do62

Headline: Obama revives immigration reform


http://ow.ly/4DnYM

Headline: Crowd calls for reforms at ICE


http://ow.ly/4DnXg

Headline: Drivers License limits fuel immigration fight



*


http://ow.ly/4DnNj

Headline: Tallassee's harsh immigration bills flunk common-sense



test


http://ow.ly/4DnHN

Headline: Obama's day: A town hall, Easter and immigration



*


http://ow.ly/4DnE1

Headline: America's National Suicide: An immigration ordeal



*


http://ow.ly/4DlX2

Headline: RT @ImmPolitic Obama to host immigration meeting



immigration reform


http://bit.ly/eHz4Tf

Headline: RT @HispanicNewYork @RepGutierrez Support for



@barackObama depends on reform


http://t.co/jp2NoWZ

Headline: RT @rahartwell Spanish Article, "Is the President's



turn to play now"...


http://fb.me/JRukLpkA

Headline: Estimates of the State and Local Taxes Paid by



Unauthorized Immigrant Households


http://ow.ly/4Dl7u

Headline: RT @jilevin: NYT: The Anti- Immigration Crusader



*


http://nyti.ms/heG6fm

Headline: RT @UAFAwatch: Democrats propose bill extending



immigration rights to same-sex couples


http://ainn.ly/i3svPQ

Headline: RT @Richard_Florida: The Melting Pot That Isn't: Why


America Needs Better Immigration - My latest post @TheAtlantic -



*


http://bit.ly/e7LSh2

Headline: Looking for the best candidate? Carry your help wanted


ad on Immigration Daily. Find out more details at



*


http://ow.ly/4vy1v

Headline: The Consular Posts Book: this useful guide covers major


consular posts, theory & practice. Get your copy at



*


http://ow.ly/4vy0D

Headline: Don't be left out Get listed! Sign up for ILW.COM



Attorney Yellow Pages at


http://ow.ly/4vkG1

To submit an Article or a news item to Immigration Daily, write



to


mailto:editor@ilw.com. Follow ILW.COM on Twitter:

*


http://www.twitter.com/ilwcom

_________________________________________________________________


CLASSIFIEDS


1. Help Wanted: Immigration Paralegal


St. Louis, MO - Stinson Morrison Hecker LLP



*


http://www.stinson.com

seeks an experienced paralegal to work with our premier


Immigration Law group in St. Louis. This is a full-time position


(Monday through Friday). Applicants must have a college degree or


the equivalent work experience; a minimum of 2 years relevant


immigration paralegal experience; a deep experience in a full


range of employment-based matters, including IV's, NIV's, PERM


and EB-1; experience with NIW-medical and Conrad Amendments a


plus. The ideal candidate will also have strong detail


orientation skills, high degree of accuracy skills,


organizational skills and strong verbal and written communication


skills. Stinson Morrison Hecker LLP is one of the nation's


largest law firms, with legal roots dating back more than a


century. At Stinson Morrison Hecker, we offer a professional and


friendly work environment with integrity as our guiding


principle. Our benefits and compensation are comprehensive,


progressive and market competitive in an effort to reward and


retain our most important asset - our people. For more


information and to apply, see here.



*


https://home.eease.adp.com/recruit/?id=515478EOE

2. Help Wanted: Immigration Attorney


Downtown Los Angeles, CA - Stone & Grzegorek LLP



*


http://www.lskglaw.com

seeks an experienced immigration attorney. Are you interested in


joining a dozen attorneys who are passionate about their evolving


immigration law practice? Do you yearn for a positive work place


that will support you in achieving excellence and putting forth


your best work? You may be just the experienced attorney we are


looking for to become a significant member of a growing,


collegial law firm specializing in diverse practice areas. Give


one of us a call, or send your letter and resume to:



*


mailto:immigration@lskglaw.com.

3. Help Wanted: Immigration Attorney


Washington, DC - The Office of the Chief Counsel (OCC), U.S.


Citizenship and Immigration Services (USCIS), Department of


Homeland Security (DHS), seeks an experienced attorney with


demonstrated legal knowledge and experience involving


verification of immigration and citizenship status and employment


eligibility issues and interpretation of statutes and regulations


that would enable the candidate to provide legal advice regarding


the Agency.s E-Verify and SAVE programs, for the Commercial and


Administrative Law Division (CALD). The attorney would report to


the Deputy Chief of the Commercial and Administrative Law


Division in Washington, D.C. Applicants must possess a J.D.


degree from an accredited law school and be an active member of


the bar (any jurisdiction). You must have three or more years of


professional legal experience, acquired after being admitted to


the bar, commensurate with the duties and responsibilities of the


position. Experience interpreting statutes and regulations is


required. Experience advising clients on privacy and disclosure


issues and on programs similar to E-Verify and SAVE is highly


desired. For more info, key in Job Announcement Number: COU-



CIS-2011-0004 at


http://www.usajobs.com/. Submit cover letter,

resume, and writing samples to:


mailto:CALD.Res@dhs.gov. Must be

received by close of business, Friday, April 29, 2011. Position


is at the GS-0905-13/15 level.


4. Help Wanted: Immigration Paralegal


Englewood, NJ - Wildes & Weinberg, PC,



*


http://www.wildesweinberg.com

a prestigious immigration law firm, seeks experienced immigration


paralegal to train for 3 to 6 months in its Midtown Manhattan


offices before working permanently in its Englewood, NJ office to


work on immigrant and non-immigrant matters. Applicant must


possess 2+ years of work experience in the area of business


immigration, particularly with preparing, organizing and filing


PERM applications, O-1, E, H-1B and L-1 visas, as well as strong


writing and communication skills. Please send resume and cover



letter to


mailto:resume@wildesweinberg.com.

5. Help Wanted: Immigration Attorney


Downtown Chicago, IL - AzulaySeiden Law Group



*


http://www.azulayseiden.com/

seeks an immigration attorney. To be considered, a candidate


must have a minimum of 3 years experience practicing immigration


law. The firm deals in all areas of immigration, including


removal defense, business, family, appellate work and outbound


immigration services. Experience in removal defense and fluency


in a foreign language preferred. We seek a motivated, committed


individual who wants a focused, contemporary environment that


celebrates diversity. If you are a goal driven individual who


would appreciate the opportunity to work in a leading US


immigration law firm, you may be the right fit. We offer fair


compensation based on experience and incoming business, along


with a full benefits package and believe in promoting a healthy


balance between work and personal life. Please send a resume,


writing sample, law school transcript and any inquiries to



*


mailto:ksilberberg@azulayseiden.com.

6. Korean Community Website


Would you like to meet new clients for free? You can do so by


registering with ShadedCommunity.com



*


http://www.shadedcommunity.com/

as an "honest attorney." ShadedCommunity.com is a website which


provides all kinds of immigration information mostly to the


Korean community. Koreans looking for honest attorneys to answer


their questions regarding immigration law will be able to find


you on the list of "Honest Attorneys" of this site. In order to


protect a registered attorney's profit advantage, there will be a


limit to the number of attorneys allowed to register from each


state. On average, each state will be represented, according to


their population, by 4 immigration attorneys who will be accepted


on a first-come basis. Among the 4 registered attorneys, 2 will


be Korean and 2 will be American. Once the set number of


attorneys is reached, any other attorneys


attempting to register will be put on a waitlist. In addition,


all registered attorneys will have to sign an agreement that they


will not charge excessive rates to their clients. Honest


Attorneys can answer some questions visitors have posted on the


site. You can register as an honest attorney on the link here.



*


http://shadedcommunity.com/kor/lawyerSearch/lawyer_eng_form.php

7. CLE Immigration Event


Memphis, TN - (May 13-14, 2011) The Federal Bar Association in


conjunction with the Memphis Mid-South Chapter of the FBA; the


Mid-South Chapter of the American Immigration Lawyers Association


(AILA); and the U.S. District Court for the Western District of


Tennessee, invite you to join us for one of the most exciting


national immigration conferences available this year. The


confirmed speaker line-up is a who's who of well-renowned AILA


attorneys and government officials including Judges from The US


Circuit Court of Appeals, the Acting Director of EOIR and other


former and current Immigration Judges from across the country,


and counsel from The Office of Immigration Litigation (OIL). This


conference also offers the opportunity to hear from a panel of


ICE and USCIS supervisors as they discuss various immigration


issues that affect both the mid-South and the nation as a whole.


Come mingle with faculty without large crowds. This intimate


setting is perfect for both new and experienced practitioners


alike. Program includes special tracks for pro bono attorneys as


well as criminal lawyers. Earn up to 14 CLE hours (with a


possibility of 3 ethics hours offered) and have fun, too. Early


bird deadline is April 15, 2011. This Conference is limited to


400 participants. For more information, including speakers,


curriculum, see here.



*


http://fedbar.org/Sections/Immigration-Law-Section/Calendar/Immigration-Law-Seminar.aspx

For online hotel registration, see here.



*


https://resweb.passkey.com/Resweb.do?mode=welcome_ei_new&eventID=2630952&fromResdesk=true

To place a classifieds ad in Immigration Daily, see here



*


http://www.ilw.com/corporate/advertise_on_ilw.shtm

________________________________________________________________


ReadersWrite


1. ReadersWrite: Yesterday's Discussion



*


http://blogs.ilw.com/immigrationdaily/2011/04/15_patriots_day.html#comments

2. ReadersWrite: Today's Discussion



*


http://blogs.ilw.com/immigrationdaily/2011/04/19_birther_bill_vetoed_in_arizona.html#comments

To submit an Article for consideration, write to



*


mailto:editor@ilw.com

_________________________________________________________________


ComingsNGoings


ComingsNGoings: Immigration Event Teleconference - April 26, 2011


- 2:00pm - The USCIS is pleased to present "The Monthly


Stakeholder Teleconference: Appeals and Motions". For more info,


or to RSVP, contact Kathryn Nicholas at ceo.nsc@dhs.gov or call


(402) 219-6405.


Readers can share professional announcements (up to 100-words at



no charge), email:


mailto:editor@ilw.com.

_________________________________________________________________


The first daily in the field of immigration. Forward this to a


colleague!


Publisher: Sam Udani Legal Editor: Michele Kim ISSN:1930-062X


An Important disclaimer! The information provided on this page is


not legal advice. Transmission of this information is not


intended to create, and receipt by you does not constitute, an


attorney-client relationship. Readers must not act upon any


information without first seeking advice from a qualified


attorney. Copyright 1999-2010 American Immigration LLC, ILW.COM.


Send correspondence and articles to editor@ilw.com. Letters and


articles may be edited and may be published and otherwise used in


any medium. The views expressed in letters and articles do not


necessarily represent the views of ILW.COM.


_________________________________________________________________


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Comments

  1. bartlett dental's Avatar
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