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May 17 - Obama Aunt

Rating: 5 votes, 4.20 average.

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

May 17, 2010,0517.shtm




4 Articles

2 News Items

15 Tweets

Classifieds: Help Wanted: Immigration Attorney, Help Wanted:

Immigration Paralegals, Case Management Technology, Expert

Witness Services





1. Comment: Obama Aunt Gets Asylum - The Boston Globe

reports "A Boston immigration judge has granted President Obama's

aunt, Zeituni Onyango, permission to stay in the United States,

federal officials said today... Her attorney, Margaret Wong,

confirmed the judge's decision in a statement issued from her

Cleveland office today."

2. Focus: No? The Actual Business? A Regional Center or A

Regional Center Project

Tuesday, May 18 is the deadline for the Thursday, May 20 phone

session of "Investor Options For Experts" with David Morris, John

Barrett, Michael Gibson, Melissa Krinzman, Jason Oleet and

others. The curriculum is as follows:

A Regional Center is typically nothing more than an umbrella

organization that allows a foreign national investing capital

into a specific project to claim derivative immigration benefits

under the EB-5 Regional Center laws. This means potential

immigrants should not be overly focused on a specific Regional

Center or even on their immigration history. Rather, they should

investigate the specific investment Project because that entity

will actually receive and place the capital at risk, create and

sustain the jobs, and return the capital. For many valid

reasons, immigration lawyers shy away from discussing these

"business" issues with clients interested in the EB5 program.

Panelists will discuss the "business side" issues of the EB-5

program that may help immigration lawyers point their clients to

possible experts qualified to address these non-immigration


++ Survey of Business/Structure Characteristics Used By EB-5


++ Two biggest risk factors for EB-5 Investors: job creation and

capital preservation

++ Independent business analysis and valuations/Investment

Banking Issues

++ Different Business Models: Commercial Real Estate,


++ Different Investment Models: Loan, Equity, other

++ Testing the Business Plan & Job Creation Plan

++ Testing the Exit Strategy & Return of Capital plan

Tuesday, May 18 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


3. Article: Bloggings On Political Asylum by Jason Dzubow,0517-dzubow.shtm

4. Article: Bloggings On PERM Labor Certification by Joel Stewart,0517-stewart.shtm

5. Article: Bloggings on Immigration Law And Policy by Greg


6. Article: Bloggings On Nurse And Allied Health Immigration by

Christopher T. Musillo,0517-musillo.shtm

7. News: USCIS Publishes Fact Sheet On Naturalization Process For


8. News: CRS Report On Foreign Science And Engineering

Presence In US Labor Force,0517-crs.pdf

9. Tweet: #Gandhi, here we come! #RI4A announces "civil

disobedience, non-compliance and other acts of non-violent

resistance" thruout USA!

10. Tweet:

Miss Oklahoma is a racist! Deport her to Antarctica, she does

not belong in the land of the free!


11. Tweet: RT @Nyimmreform: Taking over

the streets of #NYC - our leaders arrested, we want #immigration

reform NOW! #ri4a

12. Tweet: ACLU files lawsuit against Arizona: Friendly House et

al. v. Whiting - Complaint

13. Tweet: GregSiskind: Arizona #immigration could cost US world


14. Tweet: NYTimes: Strict Reading of #Visa Rule Trips Up More

Couples Overstay spouses in hot water #stopice

HT Mark Kalish

15. Tweet: #Immigration Practice: a complete guide w/ issues &

procedures lawyers need to handle an immigration matter. Get ur


16. Tweet: Did Oscar Nunez try to sink Miss Oklahoma with

#immigration question? No! it was a fair & reasonable question

17. Tweet: An #Immigration Story & a Love Story: the deeply

indiv. essence of immigration is often lost amid good v. evil


18. Tweet: Municipalities in NJ walking away from SB #1070. New

Haven & Trenton to endorse & issue community identification cards

19. Tweet: Props to Walker for standing up! WI conservative

republican candidate concerned abt #SB1070 & racial profiling

20. Tweet: Our thoughts go to the families & friends of Tam &

Cynthia. Their work n lives will continue to inspire immigrant


21. Tweet: Arab-American immigrant wins the crown of 2010 Miss

USA pageant. Immigrants contribute to our nation! #immyouth

22. Tweet: Looking for the best candidate? Carry your help wanted

ad on #Immigration Daily. Find out more details at #jobs

23. Tweet: Stratfor: Setting the Record Straight on Grassroots

Jihadism Msg: Security is the people's

business, not the FedGov's. 3 days ago reply

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

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1. Help Wanted: Immigration Attorney

Washington, DC - The Office of Chief Counsel seeks experienced

attorney with experience in federal acquisitions law, fiscal law

and other administrative laws for the Commercial and

Administrative Law Division. Serve as senior attorney providing

advice to the Chief of the Commercial and Administrative Law

Division, the Chief Counsel, and USCIS officials on issues

related to federal acquisitions law, fiscal law, and other forms

of general administrative law in support of USCIS' mission. For

more info, including how to apply, key in Job Announcement

Number: COU-CIS-2010-0006 at

Applications should be sent to: Lakisha Richardson at by 5pm EST, Monday, May 24, 2010. Position

starts at GS-12, GS-13 level, GS-14, or GS-15 level, depending on

experience, and has promotion potential to GS-15/10 level.

2. Help Wanted: Immigration Paralegals

Fragomen Del Rey Bernsen & Loewy LLP

seeks entry level and experienced business immigration paralegals

for the New York City and surrounding offices. Ideal candidates

have one to five years of business immigration experience,

including non immigrant and immigrant visa matters and a

Bachelors degree. Excellent verbal and written communication

skills as well as strong organizational and Microsoft Office

Suite skills required. Please send cover letter and resume to:, including reference to ILW.COM.

3. Case Management Technology

Which company do Fortune 500 Companies, top immigration firms,

non-profits, one of the world's largest retailers and 2.4

million+ foreign nationals choose for their comprehensive

immigration management needs? They choose EDGE, by LawLogix.

LawLogix boasts unparalleled immigration experienced customer

support to ensure we not only answer your call, but we answer

your question! Offering a full range of options for transferring

your current client files, LawLogix enables your firm to easily

adopt EDGE with no downtime. LawLogix EDGE is the #1 integrated

immigration forms, billing and case management system with

online access for clients. EDGE provides around the clock access

for your clients to check the status of their case, fill out

intake questionnaires, review and print forms, and communicate

with you securely. The online client access reduces the number of

case status inquiry calls, and allows you and your staff to work

more effectively. EDGE provides exceptional reporting

capabilities. Quickly and easily configure any reminder, case

status, consultations, milestone report with 1 click while making

your job easier and more enjoyable. Visit us at,

email, or call today 877-725-4355 ext.2

to request your Private VIP demo.

4. Expert Witness Services

Muslim World Expert Professor Shaul M. Gabbay, Phd, offers expert

testimony in immigration cases from Muslim countries/societies,

including the former USSR. Dr. Gabbay prepared reports and

testified in 250+ Immigration cases nationwide (asylum,

cancellation of removal, asylum interviews, hardship waivers)

with a 93% success rate. Examples of what Immigration lawyers

say: ... "He is a consummate scholar and passionate about his

subject ... He makes a wonderful witness... He is riveting on the

witness stand, helping us win nearly unwinnable cases with

aplomb. He has won the praise of numerous Immigration Judges."

(Svetlana Schreiber, Esq.) ... "He provided the testimony we

needed in numerous asylum cases ... in virtually all of those

cases, but for the expert witness testimony, I doubt the cases

would have been approved, I recommend Professor Gabbay to anyone

with issues involving Islamic society and culture." (Stephen

Berman, Esq.) ... "His testimonies, whether written or oral, are

credible, persuasive, and non-refutable. I have never lost a

single case which had Dr. Gabbay on as an expert witness." (Ally

Bolour, Esq.). Contact Professor Gabbay with any questions. He

can also recomend country experts outside his specialty.

Professor Shaul M. Gabbay, Phd, Korbel School of International

Studies, University of Denver,, (303)


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ComingsNGoings: Immigration Event - Washington, DC - May 24, 2010

- Migration Policy Institute is pleased to present 6th Annual

Immigration Law and Policy Conference. Bringing Immigration

Policymaking into the 21st Century, Prospects for Immigration

Reform: What to Expect from Washington?, and Communities Laying

the Groundwork for Immigration Reform and Beyond. For more info


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

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not legal advice. Transmission of this information is not

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attorney-client relationship. Readers must not act upon any

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  1. Roger Algase, Attorney at Law's Avatar
    Re: NY Times article "Strict reading of visa rule trips up more couples", one can justifiably complain about the rigid interpretation of the law that requires denial of genuine marriage green card cases filed after the 90-day visa waiver deadline, leading to deportation. But the law also provides a way of avoiding this unjust result, namely filing the adjustment application on time and doing it properly.

    The adjustment (I-485) application in this case was filed on time, before the 90-day deadline had passed. But it was not filed properly. No I-130 petition was filed with it. That was not just a technical mistake. An I-130 petition goes to the heart of a green card application. Without an I-130, the I-485 adjustment application has no meaning or purpose.

    How two Ph.D's could have been stupid enough to try to handle their own case without getting legal advice is mind-boggling - but at the same time, all too predictable, given the supreme confidence that some people with advanced degrees have in their ability to solve every problem they encounter on their own. Perhaps advanced degree programs should include a course in humility - so one doesn't have to learn it the hard way from ICE.

    Unfortunately, probably almost every lawyer who has ever handled one of these cases has run across clients, or potential clients, who do not take the paperwork requirements seriously enough. Even if they use a lawyer for the initial application, they may not prepare for the interview properly. Many of us lawyers have spent a good deal of time and effort picking up the pieces.

    On another note, President Obama's aunt has been granted political asylum. She will now be allowed to stay in the US. Therefore, if one believes the "birther" lunacy, her legal status in the country will be more secure than her nephew's.
  2. Roger Algase, Attorney at Law's Avatar
    A couple of further thoughts on the New York Times article mentioned in my previous post: First, since the required I-130 petition wasn't filed with the I-485 adjustment application, why didn't USCIS return the entire set of application papers as incomplete? In that case, the couple would have been on notice that something was seriously wrong with their papers, and they would have either known that they had missed the 90-day deadline, or, if the papers had come back early enough, they might have been able to cure the defect and re-file within the 90 days. At the very least, USCIS could have accepted the adjustment filing and sent a notice that the I-130 was missing and needed to be filed before further processing.

    Even at the adjustment interview itself, USCIS could have issued a letter instructing the couple to file the I-130 within 30 days instead of denying the case outright and putting the green card applicant in deportation (removal) proceedings. The fact that someone entering the US on a visa waiver consents not to contest deportation does not mean that the DHS has no choice except to deport the person. The DHS has discretion not to begin deportation proceedings. That discretion should have been exercised in this case, where there was a genuine marriage and good faith attempt to comply with the requirements.

    Unfortunately, however, as has been pointed out by many other commentators, stories of overzealous application of the law by immigration officers who think that immigrants who try to comply with the law are just as bad, if not worse, than those who deliberately disregard the law, have a much better chance of getting into the papers when the person affected is white. In the above case, the green card applicant with the valid marriage but incomplete paperwork who was thrown into immigration jail was from Germany. Suppose he had been from Guatemala or Guinea? Would any of us be reading about his story?
  3. tim houghtaling's Avatar
    Your hard working often offended by "the system" asylum lawyers must be impressed. I gather EVERY ONE from Kenya is now immediately eligible asylum! What were the magic words her lawyer used to convey the persecution she found in her town, the one that now welcomes American tourists????
    Now she can legally accept that welfare apartment her nephew wouldn't help pay for.
    Only in America
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