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Jan 20 - Pass It On

Rating: 7 votes, 5.00 average.

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

January 20, 2010,0120.shtm

1.  Comment: Pass It On
2.  Focus: Today Is Deadline For USCIS On EB5
3.  Articles:
    (a) The Trials And Tribulations Of Highly Educated Immigrants
    by Victoria Donoghue
    (b) In The Grip Of Madness by Lawrence Reed for the
    Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) Supreme Court Says DOJ Regulations Alone Cannot Shield
    Determinations From Judicial Review
    (b) DHS Releases Humanitarian Parole For Haitian Orphans Fact
    (c) DHS Notice On H-2A and H-2B Eligible Countries
    (d) ILW.COM Live Tweets On "abUSed: The Postville Raid" Sneak
5.  Classifieds:
    (a) Translation Services
    (b) Website Services
    (c) Immigration Law Certificate
6.  Headlines:
    (a) US Official Will Visit Miami To Help Expedite TPS Filings
    (b) Immigration Law Complex, And Good Advice Out Of Reach For
    (c) Secrets Of The Immigration Jails
    (d) How Brown's Win Affects Democrats' Agenda
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters From:
    (a) Paul Good, Esq.
    (b) Honza Prchal, Esq.
    (c) Roger Algase, Esq.
    (d) Leo Van Randall Jr.
    (e) Jeremy E.,0120.shtm

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Today Is Deadline For USCIS On EB5

Wednesday, January 20th is the deadline for the Thursday, January
21st phone session of "Investors For Experts" with speakers
Lincoln Stone, K. David Andersson, Elsie Arias, Ed Carroll,
Alexandra (Sasha) Haskell (USCIS), Mark Ivener, Robert F. Kruszka
(USCIS), David Morris and Susan Pilcher. The curriculum is as

++Government Perspective On EB5 Program
++Follow up on Stakeholder Meeting and Dec 11 Memo

Wednesday, January 20th 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

(a) The Trials And Tribulations Of Highly Educated Immigrants

Victoria Donoghue writes "The influx of immigrants willing to
work for a better life, as well as share their talents, is
ingrained in our national identity and has made us the strong,
tolerant nation we are today.",0120-donoghue.shtm

(b) In The Grip Of Madness

Lawrence Reed for the Foundation For Economic Education writes
"At well over $11 trillion, that debt amounts to $37,000 for
every living American.",0120-reed.shtm

(c) Bloggings On Immigration Law And Policy

Greg Siskind writes "That's like when antis claim in one breath
that immigrants steal jobs from Americans and then in the next
complain that they come here to mooch off the Welfare system.",0120-siskind.shtm

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

(a) Supreme Court Says DOJ Regulations Alone Cannot Shield
Determinations From Judicial Review

In Kucana v. Holder (No. 08-911, Supreme Court, January 20, 2010)
the court, in a per curiam opinion, held that 8 USC 1252(a)(2)
(B)'s "proscription of judicial review applies only to Attorney
General determinations made discretionary by statute, not to
determinations declared discretionary by the Attorney General
himself through regulation". The court also said that "The
[Circuit Court's] construction would free the Executive to
shelter its own decisions from abuse-of-discretion appellate
court review simply by issuing a regulation declaring those
decisions "discretionary". Such an extraordinary delegation of
authority cannot be extracted from the statute Congress enacted".,0120-kucana.pdf

(b) DHS Releases Humanitarian Parole For Haitian Orphans Fact

DHS Secretary Janet Napolitano, in coordination with the U.S.
Department of State (DOS), announced a humanitarian parole policy
allowing orphaned children from Haiti to enter the United States
temporarily on an individual basis to ensure that they receive
the care they need-as part of the U.S. government's ongoing
support of international recovery efforts after last week's

(c) DHS Notice On H-2A and H-2B Eligible Countries

DHS published a notice on identification of foreign countries
whose nationals are eligible
to participate in the H-2A and H-2B visa programs.,0120-h2ah2b.shtm

(d) ILW.COM Live Tweets On "abUSed: The Postville Raid" Sneak

This transcript is the live Tweet feed of a special sneak preview
screening of "abUSed: The Postville Raid" on January 19, 2010,
presented by the Cultureproject and New York Immigraton

(a) Translation Services
Certified translations by Legal Language Services in 157
languages have helped immigration attorneys throughout the United
States for more than 25 years. Legal Language translates birth
and marriage certificates, academic degrees, health records,
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support of immigration proceedings. Rush service, including same
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to contribute to our blog and respond to questions from visitors
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6.  Headlines

(a) US Official Will Visit Miami To Help Expedite TPS Filings

The head of the federal agency that will process thousands of
immigration applications from undocumented Haitian immigrants
will travel to Miami and meet with organizations assisting

(b) Immigration Law Complex, And Good Advice Out Of Reach For

If any citizen had to live within the immigration code, we would
revolt en masse.

(c) Secrets Of The Immigration Jails

It took digging by The Times and the American Civil Liberties
Union to unearth the evidence.

(d) How Brown's Win Affects Democrats' Agenda

The Republican victory in Massachusetts imperils, but may not
derail, the Democratic agenda in 2010, analysts and congressional
aides said Tuesday.

For links to the above stories see here:,0120.shtm#Headlin
7.  ComingsNGoings

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

(a) Share Your Professional News
Send your professional announcement to:
Examples include: New Position, Honors And Awards, Mergers &
Acquisitions, New Office Address, New Appointment, New Associate,
New Attorney, New Partner. This is a free service.

Readers can share comments, email:  (up to
300-words). Past correspondence is available in our archives

(a) Dear Editor:
A well-drafted CIRA is a worthy goal though I do not consider the
border security and employers' sanctions portions of the current
House bill truly relevant, certainly not worth over half of the
bill's text.  However, if the CIS' substandard management system
is not equally improved, even a well-drafted CIRA will not erase
continuing immigration disappointment.   I've just begun my 48th
year of experience with federal bureaucracy--35 as a State FSO--
and I consider CIS to be the least US competent bureaucracy I
have encountered--with ICE the least ethical. A visit to a CIS
district office last week produced proof that that office does
not recognize the two-year limit of a conditional green card
(where no I-751 is filed), that a 2nd preference family case was
misfiled with pending naturalization cases, that unlike the NVC
there is no trigger for approved the green card when a priority
date is reached, that the office is not reacting to the October
2009 widow(er) law. At the service center level, K-1 and K-3
approvals are taking over 10 times as long as two years ago.  VSC
recently dumped thousands of unprocessed 4th preference family
petitions filed 6-9 years ago on NSC which is sending out RFEs
with 42 day limits to South Asians to obtain documents that can
take months to find.  I have a One Step case that has been in
process for two years with VSC, NSC, NBC, and TSC all involved.
VSC has initiated a reminder to conditional GC spouses that an
I-751 is needed before the end of year 2 but with no reminder
that it cannot be filed earlier than the 90 days before that
point.  Efforts to get VSC to add that point have proved
fruitless.  Ad infinitum.
Paul Good, Esq.

(b) Dear Editor:
While I naturally disagree with Roger Algase's letter's aside
(01/19/10 ID) about "making Iraq secure for Western oil
companies" since the oil companies on the ground in Iraq are
mostly Chinese and the usual state owned outfits, I otherwise
broadly agree with his letter about Haiti. Unlike Mexican
immigrants, Haitians and their descendants are doing remarkably
well (see Reason Magazine, Wikipedia or the Wall Street Journal
for attestation of that) in this country. It would be interesting
to see if their accomplishments in schools every bit as lousy as
those the children of Mexican Americans attend are better for
those who come legally than for those who come illegally. If
there is not much difference in accomplishments between legal and
illegal Haitian immigrants, very few arguments consistent with
humanity and our national interest remain for keeping legal
Haitian immigration numbers at their present low levels. As
economists have noted for much of the last two decades,
remittances are better for a wretched nation like Haiti than most
humanitarian aid, as remittances are hard for local elites to
"divert", so the usual bellyaching about brain drain somehow
harming Haiti is besides the point. The Wall Street Journal ran
an article recently on "Smaller Towns Struggle As Help Is Slow to
Arrive" that features a Haitian family which managed to amass $2
million stateside that it used to build a hotel in Haiti that the
head of the family was vowing to rebuild even before aid agencies
reached his town at the epicenter of the quake. If one out of
every hundred Haitian immigrant families is as entrepreneurial,
we could use a lot more here. Haiti clearly is not putting them
to good use and, with its Byzantine and corrupt regulatory
climate, is doing everything it can to chase them away.
Honza Prchal, Esq. Birmingham, AL

(c) Dear Editor:
I need to make a correction in my letter of (01/19/10 ID) on
Haiti. My letter said that the inhuman policy of using the Coast
Guard to stop Haitian refugees from leaving their own country
dates from the Clinton era. It actually began with Ronald Reagan,
who signed an agreement to this effect with the Duvalier
dictatorship. An example, no doubt, of Reagan's "character,
charisma and wisdom", according to Robert Gittelson's article
(01/19/10 ID). As for the chances of CIR passing this year, ask
Senator Brown of Massachusetts. Even if the Democrats had held
their 60-vote majority, no CIR bill would ever make it out of
committee. There are too many anti-immigrant Democrats, even
among those who call themselves liberals. Reform needs to begin
at the regulatory level, where the DHS and the DOL, especially,
have great power. Right now, this formidable power is being used
to further an anti-immigrant "enforcement-only" agenda. Before
CIR, which will only be a pipe dream until the current economic
depression ends, we need CIRR, Comprehensive Immigration
Regulatory Reform. This may also require some AIAHTR (Anti-
Immigrant Agency Heads To Roll - figuratively speaking, of
Roger Algase, Esq. New York, NY

(d) Dear Editor:
I've been reading for years about the fact that the US
Immigration laws are broken and wrong, but no one ever says what
the particulars are. What is specifically wrong? What needs to be
fixed? I read the US Immigration laws and find the only thing
that is wrong, is that our US Government is not enforcing the
immigration laws that the USA already has in place. Please tell
me and the American citizens, what is wrong and what needs to be
fixed, specifically, with the US Immigration laws?
Leo Van Randall Jr.

(e) Dear Editor:
Regarding ID comment (01/14/10 ID): I have never read something
of such garbage. When ID comment started off with "America's
response to the tragedy in Haiti has nothing to do with
humanitarianism - or with help provided by a rich country to a
suffering people with a per capita Gross Domestic Product of 2
dollars per day. America's response has nothing to do with the
fact that the founder of Chicago was a Haitian immigrant" I
expected a well written article, but instead I was given an
article that has no substance to it. The comment never does state
what the reason is beyond "we have ties" with them. Which country
don't we have ties with. I feel as if the article was very rushed
when written. And the comment "there is no corruption to worry
about, and money is spent exactly where it is most needed." And
appently one has not kept up to date in the past with Haiti. In
2006 Haiti was the most corrupted country. So obviously in 2010
theres no way there can be corruption, right?
Jeremy E.
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X

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