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Mar 23 - Supremes Citizenship

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

March 23, 2010,0323.shtm

1.  Comment: Supremes Citizenship
2.  Focus: THE I-140 BOOK
3.  Articles:
    (a) Immigration Reform During A Recession by Harry DeMell
    (b) Immigrants Of The Week: Charles Mullighan, Mauro Fiore by
    Greg Siskind
    (c) Powerful Partnerships: For Administrators, Bankers Are
    Critical Cash Management Allies by Ed Poll
4.  News:
    (a) USCIS Releases Memorandum Of Agreement With DOJ
    (b) USCIS Releases EVerify QAs
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegal
    (c) Help Wanted: Immigration Paralegals
    (d) BIA Delivery Service
    (e) I-9 And E-Verify Compliance Technology
6.  Tweets:
    (a) 13 Tweets Today
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Comments on this issue,0323.shtm

Books On Immigration Law:
Immigration Law Seminars:

Supremes Citizenship reports "Now, the Supreme Court is entering a curious
corner of U.S. immigration law that applies only to children born
outside the U.S. to one parent who is an American and one who is
not." For the full story, see here.

We welcome readers to share their opinion and ideas with us by
writing to


THE I-140 BOOK features contributions from Brian S. Weiss,
Kristen Quan Hammill, Prakash Khatri, Faye M. Kolly, Sherry Neal,
Howard L. Kushner, and Dorothee B. Mitchell, the book's Editor
and Principal Author is noted practitioner Herbert A. Weiss. The
Table of Contents is as follows:

Part I. I-140 Introduction

Chapter One: Author's Introduction
Chapter Two: Basic Important Employment-Based Concepts by Kristen
Quan Hammill

Part II. I-140 by Herbert A. Weiss

Chapter One: Basic Overview of the I-140 EBIV Process
Chapter Two: The Scope of Agency Authority
Chapter Three: The Job Offer Requirement
Chapter Four: The Immigration Act of 1990
Chapter Five: The EB-11 Extraordinary Ability
Chapter Six: The EB-12 Outstanding Professor and Researcher
Chapter Seven: The EB-13 Multinational Manager and Executive
Chapter Eight: The EB-2 Advanced Degree Professional and Person
of Exceptional Merit and Ability
Chapter Nine: The EB-3 Skilled Worker
Chapter Ten: The I-140 Form
Chapter Eleven: The Standard of Evidence
Chapter Twelve: Priority Dates
Chapter Thirteen: Filing Multiple Petitions
Chapter Fourteen: Successors in Interest
Chapter Fifteen: Ability of Prospective Employer to Pay Wage
Chapter Sixteen: Portability
Chapter Seventeen: Revocation, Invalidation and The Section
204(c) Bar
Chapter Eighteen: Withdrawals and Appeals/Motions
Chapter Nineteen: A Checklist For Putting Together I-140s (And
Some Do's And Don'ts)

Part III. Special I-140 Topics

Chapter One: Step by Step For Schedule A Applications by Sherry
Chapter Two: Aliens of Exceptional Ability in the Performing Arts
by Howard L. Kushner
Chapter Three: Derivative Beneficiaries of Employment Based
Immigrant Petitions and the Child Status Protection Act (CSPA) by
Dorothee Mitchell and Faye M. Kolly
Chapter Four: The Future of The I-140 (Employment-Based
Immigration) Process by Prakash Khatri

For more info on THE I-140 BOOK and to order, see here.
For the fax order form, see here.

(a) Immigration Reform During A Recession

Harry DeMell writes "With lobbying efforts for immigration
"reform" taking a high note we should be asking whether these
efforts are realistic and designed to achieve results or simply
to make us feel good.",0323-demell.shtm

(b) Immigrants Of The Week: Charles Mullighan, Mauro Fiore

Greg Siskind writes "One of their stars is Australian-born
Charles Mullighan who has gained attention for discovering what
is described as "the missing piece" in the puzzle of genetic
mutations that contribute to the onset of childhood leukemia.",0323-siskind.shtm

(c) Powerful Partnerships: For Administrators, Bankers Are
Critical Cash Management Allies

Ed Poll writes "Once billable work is turned into collected cash,
it generally falls to the law firm administrator to manage the
cash flow process and to keep the firm functioning as a business

To submit an Article for consideration, write to
4.  NEWS

(a) USCIS Releases Memorandum Of Agreement With DOJ

We carry the memorandum of agreement between USCIS and the Civil
Rights Division, of the Department of Justice.,0323-MOA.pdf

(b) USCIS Releases EVerify QAs

USCIS released a fact sheet including background information and
related frequently asked questions.,0323-EVerify.shtm

(a) Help Wanted: Immigration Attorneys
Washington, DC -  The Office of the Chief Counsel seeks
experienced attorneys with 3+ years experience in immigration law
for the Adjudications Law Division (ALD). Attorneys will serve as
advisors to the Chief of the ALD, the Chief Counsel, and to USCIS
and other Departmental components on issues relating to U.S.
immigration laws.  For more info, key in Job Announcement Number:
COU-CIS-2010-0004 at
Submit resume, cover letter + (2) writing samples to Claudia
Salem, Acting Chief of the Adjudications Law Division: This job is being filled by an
alternative hiring process and is not in competitive civil
service. Must be received by 5pm EST, Monday, April 2, 2010.
Position is at the GS-13/14/15 levels.

Help Wanted: Immigration Paralegal Boston, MA - Mintz, Levin,
Cohn, Ferris, Glovsky and Popeo, P.C.
seeks immigration legal assistant who will report to immigration
section manager and supports immigration attorneys. Prepare H-1B,
L-1, O-1, TN, and E-1/E-2 visas and PERM application; file
business and employment-related immigration documentation under
supervision of attorneys; extensive communication with clients
and gov't agencies; assist on special projects as assigned.
Bachelor's degree and minimum of 4 to 8 years business
immigration experience required; excellent customer service
skills; strong communication skills; must be organized, detail
oriented, responsive and have excellent follow through skills;
multi-task and work independently; strong sense of accountability
and ownership of projects; ability to prioritize workload
effectively; flexibility to work overtime when necessary. Please
send resume to

(b) Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
seeks immigration legal assistant who will report to immigration
section manager and supports immigration attorneys. Prepare H-1B,
L-1, O-1, TN, and E-1/E-2 visas and PERM application; file
business and employment-related immigration documentation under
supervision of attorneys; extensive communication with clients
and gov't agencies; assist on special projects as assigned.
Bachelor's degree and minimum of 4 to 8 years business
immigration experience required; excellent customer service
skills; strong communication skills; must be organized, detail
oriented, responsive and have excellent follow through skills;
multi-task and work independently; strong sense of accountability
and ownership of projects; ability to prioritize workload
effectively; flexibility to work overtime when necessary. Please
send resume to

(c) Help Wanted: Immigration Paralegals
Atlanta, GA, So. Calif. & San Francisco - Seeking immigration
paralegals to manage large business immigration accounts. Must
know full business immigration product range (H, L, O, TN, E,
PERM, I-140, AOS, etc.) and must be tech-savvy and detail
oriented with strong project management skills and ability and
eagerness to operate in team environment. Successful law firm
with large firm resources and great local office culture.
Competitive compensation and benefits. In California, contact
Angelo Paparelli; in Atlanta,
contact James King

(d) BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board
of Immigration Appeals? We offer same day service to the BIA. We
are conveniently located only a block away. Fax us your Notice to
Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and
we will personally file it for you, obtain a stamped date copy
and mail/fax it back to you. We offer competitive rates and
unparallelled service. For information, contact us: Brief-X-
Press, Falls Church, VA  Fax: (703) 845-5991.

(e) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
email or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.
6.  Tweets

(a) Get your ad in ten thousand pages! Improve search engine
ranking, increased name recognition and referrals. Sign up at

Two Rallies: One trying to repair how DC works for all America,
and one looking to break it so system can go on failing

Not 10k or 50k, but 200K march in DC to demand a halt to
deportations, fix #immigration system & legalization. A summary:

RT @ImmPolitic: 2morrow on HBO: Behind the scenes of '07
#immigration fight feat. Sen. Kennedy & Nat'l Immig Forum

Rush Limbaugh says amnesty is next From Rush's
mouth to God's ears! #CIR NOW!

Between lines of TheHill: Real reason for
shelving #CIR is - Representatives want to "slacken" schedules
after HCR!

CQ story: NY Republicans sink to new low,
racist rascal slams popular former Governor

WorldNetDaily: #ICE against home schooling n American tradition msg2ICE: focus on terrorists n leave everyone
else alone!

Thanks for the RT's! @willcoley @anjamd @desi**** @dreamact
@uclactivist323 @lisa_pa2va @brucelesley

Durbin: "If I never do another thing in the rest of my Senatorial
career, I'm going to pass that Dream Act"

AILA announces nominees for 2010 elections

LA woman paroled in deadly fire deported to Mexico #immigration

Raids throw shadow over #immigration reform rally - Learning to
stay low

Follow ILW.COM on Twitter
7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: To announce your event,
see here

(a) Immigration Event - Washington, DC
The Institute for the Study of International Migration is pleased
to invite you to The Role of Migrant Care Workers in an Ageing
America, 8:30-10:00 a.m., Friday, March 26, 2010, Georgetown
University Law Center, McDonough Hall, Room 437, 600 New Jersey
Ave., N.W. Washington, DC, 20001,,
RSVP to,
for more info, contact Alexander R Gee,

(a) Read the 1 comments on the last issue
of Immigration Daily and share your own comments.Comment on this
issue of Immigration Daily.
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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  1. Brittanicus's Avatar
    No Amnesty, No Comprehensive Immigration Reform (CIR). They keep repeating the--SAME TIRED NUMBER--but the US border Patrol in just the Tuscon sector, expressed, "Only one out of ten is caught." The Tucson sector Border Patrol union local 2544 on the number of illegal aliens in our nation: "There are currently 15 to 20 million illegal aliens in this country by many estimates, but the real numbers could be much higher and the numbers increase every day because our borders are not secure (NO MATTER WHAT THE POLITICIANS TELL YOU-DON'T BELIEVE THEM FOR ONE SECOND) Said a Spokesman for the Border Patrol. "Our illegal immigration numbers are based on an estimated twenty million illegal aliens having been present in our nation as of -JANUARY 1, 2004."almost four million people crossed our borders illegally 2002" end of quote. Other experts on the subject agree that illegal crossings have only increased since then. Please don't believe my numbers? Go to the US Census Bureau and read we could have a population of 438 million people by 2040, unless we halt this travesty for good?

    Americans cannot afford 10 million more families. Foreign nationals are very knowledgeable at cheating the IRS and the US taxpayer. They can even get child credits for their children, either not in America or in some other country. Once those here receive appropriate green cards they can then sponsor immediate family member, including people with infirmities as long as they are financial sponsored. But this is a joke, because once here the law--IS NOT ENFORCED. They then become public charges. They can collect Supplementary Security income (SSI) and other benefits. The number can never be truly calculated? Even the US Census will be off the mark, because hundreds of thousands, perhaps millions will stay silent. Now the number of illegal immigrants who have no intention of renewing their entry visa, or have slipped past the Border Patrol (Canada and Mexico, South American countries and islands) must be deported.

    We need professional and highly skilled workers, but not desperate uneducated, non-or semi-skilled. We have millions of Americans and legal residents in that category. Guest workers for farms and agriculture, but they must stay in that job until their visa expires. No options!.Then go home? California the SANCTUARY STATE, ARIZONA & NEW YORK have been bled dry.

    The true estimate of foreign nationals in America is somewhere between 20 and 30 million? If AMNESTY is forced through the numbers will skyrocket, as countless numbers will be ready to bridge the border, just before President Obama signs the new reform. (with the females and kids this would amount to 40-50 million people) on welfare, in subsidized housing, food stamps, WIC, more teachers, covered by Medicaid and other payments. They will not be paying any taxes because of the EIC and Child Tax credits will reimburse them. The IRS does not follow up on this type of fraud? This is a cruel trick on every honest taxpayer is this first generation of newly legalized immigrants, could escalate with thousands bring in brothers, sisters, Mothers and Fathers. By the year 2040 the population of America could be unsustainable with limited resources, water shortages, highways crammed to capacity and a infrastructure that is falling apart.

    THOSE INTERESTED-THE HISTORY CHANNEL IS ONCE AGAIN TELEVISING "The Crumbling of America." This Friday observe the depreciating bridges, dams, levees and 50 year old underground system of sewage in some areas. Our Survival is in peril, but they do not enforce immigration laws. In fact Homeland Security Secretary Janet Napolitano has cut the budget for the Border Patrol and other enforcement tools in the SAVE ACT and REAL ID Act. Yet the Congress keeps appropriating money to fight foreign wars or aid other countries. There is much more to learn-not- the propaganda given to us by the business world Learn so much more by surfing the Internet or go to NUMBERSUSA. Read about the corruption from both political parties at JUDICIAL WATCH. Don't hesitate in calling your Senator or Representative at 202-224-3121 In addition Don't forget to give your State assembly a piece of your mind.

    Not copyrighted. TELL THE PEOPLE YOU KNOW--NO AMNESTY! It will entice Millions more to come for free government entitlements.
  2. Roger Algase, Attorney at Law's Avatar
    Re: the ID comment on the upcoming Supreme Court case involving the claim of gender discrimination with regard to citizenship by birth. According to the article referred to, a child born outside the US to a US citizen mother is a US citizen by birth if the mother had lived in the US for one year. The requirements of living in the US are more stringent in the case of a US citizen father.

    Regardless of the outcome of the Supreme Court case, which involves a claim based on the father's US citizenship, the law clearly gives the lie to the "birther" movement's claim that President Obama is not a US citizen because he was allegedly born in Kenya. Suppose that this piece of racist nonsense had actually been true. Obama would have been a US citizen anyway based on his mother's US citizenship and residence in the US for more than a year prior to his birth.

    On another point, an article by a radio host mentioned in one of my previous posts expressed astonishment at the fact that 200,000 pro-immigration marchers in Washington last Sunday received so little media notice. This kind of media bias against immigrants is simply incredible. Suppose that only 2,000 people had marched for a moratorium on immigration. This would probably have been all over the newspapers and TV.

    In a country where public opinion on almost every issue is shaped (manipulated is a much better word) by powerful, corporate controlled media, the fact that 200,000 immigrants and their supporters could not come even close to getting the media coverage that Tiger Woods got last Sunday is an outrage beyond belief.
  3. ss's Avatar

    Once again the extreme position on enforcement and a tilted view on what causes the ebb and flow of migration.

    If government programs do in fact attract workers and their families to our economy then why not address that by creating a legal channel for times when we need jobs?

    Under Bush we had the lowest unemployment rate in our nations history while simultaneously the highest number of illegal workers within our borders. So much for your contention we have plenty of native workers to fill those jobs. This is a "NUMBERS" based fact and therefore should appeal to you.

    Keeping in mind Humans are not gumballs as you folks like to depict in your graphic display, the correct and human approach to Immigration Reform would create a mechanism that reduces the pressure on or border by fixing what has broken the Mexican Economy to start. No amount of soap box speeches will change the facts that cause migration.

    Creating a legal channel for migrant workers has proved in the past to reduce the number of family members who migrate north with workers. It is also a fact that is it cheaper to keep your family in Mexico, so WORKER VISA reform will not only reduce the pressure on the boarder but also reduce the number of illegal migrations.

    Your estimated "numbers" of illegally present aliens does not reflect current wisdom or research on this matter and in fact has shown significant decline thereby supporting my contention the economy is a significant factor in migration.

  4. Honza Prchal's Avatar
    Who writes the commentary on the tweets that link to our news articles? Calls for mass deportations and blanket accusations of racism make them less appealing, not more. Is there some way to exercise some editorial control over the puerile lead-ins to articles that generally have grown up content?
  5. ss's Avatar
    Interesting take on the Immigration Rally and news coverage Mr. Algase. Given past negative reactions to the rally's I was of the belief that the important people...those who could affect a change in legislation knew full well the mall was packed with constituents who were demanding Immigration Reform.

    The lack of news coverage while significant for other reasons, in no way diminishes the impact that crowd had in reminding legislators who got them there.
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