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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




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


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


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

Susan Ginsburg and Kristen McCabe for the Migration Information



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

2011 in Select US Locations by John Fay


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


6. Bloggings: Founder of Targeted for

Deportation by Matthew Kolken


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

Jason Dzubow


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

Designation by Brian Su


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



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

Eligibility Verification


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


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


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


++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


++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


++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


++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


++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:


Fax form:

Don't delay, sign up today.

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


Headline: Senate Dems kill voter ID, immigration crackdown


Headline: Waltham Residents Voice Thoughts On Immigration

Enforcement Program

Headline: Obama revives immigration reform

Headline: Crowd calls for reforms at ICE

Headline: Drivers License limits fuel immigration fight


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


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


Headline: America's National Suicide: An immigration ordeal


Headline: RT @ImmPolitic Obama to host immigration meeting

immigration reform

Headline: RT @HispanicNewYork @RepGutierrez Support for

@barackObama depends on reform

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

turn to play now"...

Headline: Estimates of the State and Local Taxes Paid by

Unauthorized Immigrant Households

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


Headline: RT @UAFAwatch: Democrats propose bill extending

immigration rights to same-sex couples

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

America Needs Better Immigration - My latest post @TheAtlantic -


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

ad on Immigration Daily. Find out more details at


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

consular posts, theory & practice. Get your copy at


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

Attorney Yellow Pages at

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

to Follow ILW.COM on Twitter:




1. Help Wanted: Immigration Paralegal

St. Louis, MO - Stinson Morrison Hecker LLP


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.


2. Help Wanted: Immigration Attorney

Downtown Los Angeles, CA - Stone & Grzegorek LLP


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:


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 Submit cover letter,

resume, and writing samples to: 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,


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

5. Help Wanted: Immigration Attorney

Downtown Chicago, IL - AzulaySeiden Law Group


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


6. Korean Community Website

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

registering with


as an "honest attorney." 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.


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.


For online hotel registration, see here.


To place a classifieds ad in Immigration Daily, see here




1. ReadersWrite: Yesterday's Discussion


2. ReadersWrite: Today's Discussion


To submit an Article for consideration, write to




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 or call

(402) 219-6405.

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

no charge), email:


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


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

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attorney-client relationship. Readers must not act upon any

information without first seeking advice from a qualified

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Send correspondence and articles to Letters and

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  1. bartlett dental's Avatar
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