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May 17 - Obama Aunt

Rating: 5 votes, 4.20 average.

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


May 17, 2010


http://www.ilw.com/immigrationdaily/digest/2010,0517.shtm

Headlines:


Comment


Focus


4 Articles


2 News Items


15 Tweets


Classifieds: Help Wanted: Immigration Attorney, Help Wanted:


Immigration Paralegals, Case Management Technology, Expert


Witness Services


ReadersWrite


ComingsNGoings


_________________________________________________________________


ITEMS


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


http://ow.ly/1MbCi

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


issues:


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


Projects


++ 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,


Manufacturing


++ 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:


http://www.ilw.com/seminars/201006.shtm. Fax form:

http://www.ilw.com/seminars/201006.pdf. Don't delay, sign up

today.


3. Article: Bloggings On Political Asylum by Jason Dzubow


http://www.ilw.com/articles/2010,0517-dzubow.shtm

4. Article: Bloggings On PERM Labor Certification by Joel Stewart


http://www.ilw.com/articles/2010,0517-stewart.shtm

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


Siskind


http://www.ilw.com/articles/2010,0517-siskind.shtm

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


Christopher T. Musillo


http://www.ilw.com/articles/2010,0517-musillo.shtm

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


Military


http://www.ilw.com/immigrationdaily/news/2010,0517-military.shtm

8. News: CRS Report On Foreign Science And Engineering


Presence In US Labor Force


http://www.ilw.com/immigrationdaily/news/2010,0517-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!

http://ow.ly/1M8UL

#immigration


11. Tweet: RT @Nyimmreform:

http://twitpic.com/1onfo6 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

http://ow.ly/1M8tf

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


cup

http://ow.ly/1M8nM

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


Couples

http://ow.ly/1M8bA 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


copy

http://ow.ly/1GMMD

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


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


http://ow.ly/1M5Da

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


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


constructs

http://ow.ly/1M1Go

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


Haven & Trenton to endorse & issue community identification cards


http://ow.ly/1M1jZ

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


republican candidate concerned abt #SB1070 & racial profiling


http://ow.ly/1M1az

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


Cynthia. Their work n lives will continue to inspire immigrant


youth!

http://ow.ly/1M0US

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


USA pageant. Immigrants contribute to our nation!


http://ow.ly/1M0rb #immyouth

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


ad on #Immigration Daily. Find out more details at


http://ow.ly/1GMth #jobs

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


Jihadism

http://ow.ly/1LchN 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


to

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

http://www.twitter.com/ilwcom

_________________________________________________________________


CLASSIFIEDS


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 USAJobs.com.


http://www.usajobs.com/

Applications should be sent to: Lakisha Richardson at


mailto:ALD.ALD@dhs.gov 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


http://www.fragomen.com

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:


mailto:recruitment@fragomen.com, 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


http://www.lawlogix.com,

email

mailto:sales@lawlogix.com, 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,

mailto:sgabbay@du.edu, (303)

871-2560.

http://www.Muslimworldexpert.com

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/2010/05/14_grassroots_Jihadism_grassroots_defenders.html#comments

2. ReadersWrite: Today's Discussion


http://blogs.ilw.com/immigrationdaily/2010/05/17_obama_aunt.html#comments

To submit an Article for consideration, write to


mailto:editor@ilw.com

_________________________________________________________________


ComingsNGoings


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


see

www.law.georgetown.edu/webcast/eventDetail.cfm?eventID=863

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. 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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