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Jan 5 - Midwife Lawsuit

Rating: 23 votes, 4.83 average.

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


January 5, 2010


http://www.ilw.com/immigdaily/digest/2010,0105.shtm


Items:
1.* Comment: Midwife Lawsuit
2.* Focus: Today Is Deadline For The J-1 Exchange Visitor
*** Classification* and its Discontents
3.* Articles:
*** (a) Immigration Reform: Check Your Premises by Harry DeMell
*** (b) The Immigrant Paradox: The Stalled Progress Of Recent
*** Immigrants Children by David North for the Center for
*** Immigration Studies
*** (c) Bloggings On PERM Labor Certification by Joel Stewart
4.* News:
*** (a) CRS Report On Legal Ethics In Immigration Matters
5.* Classifieds:
*** (a) Help Wanted - Immigration Paralegals
*** (b) Help Wanted - Immigration Attorneys
*** (c) Help Wanted - Immigration Attorney
*** (d) Case Management Technology
*** (e) Immigration Law Certificate
*** (f) Credential Evaluation And Translation
6.* Headlines:
*** (a) New Immigration Documentary Film
*** (b) Pilgrim's Pride Pays $4.5M To End Immigrant Probe
*** (c) US Lifts Restriction On Visas To HIV-positive Foreigners
*** (d) Georgia Immigration Checks Got Tougher With New Year
7.* ComingsNGoings:
*** (a) New Office
8.* Letters From:
*** (a) Martin Solomon, Esq.
*** (b) Roger Algase, Esq.
*** (c) David D. Murray, Esq.
*** (d) C McGinnis
*** (e) Linda Cogill
*** (f) Bob
*** (g) Robert Yang


http://www.ilw.com/immigdaily/digest/2010,0105.shtm


|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
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Immigration Law Seminars: http://www.ilw.com/seminars/
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_________________________________________________________________
1.* COMMENT


Midwife Lawsuit


The Monitor
http://www.themonitor.com/articles/midwife-34055-action-sought.html
reports "Immigration attorneys are seeking class-action status
for a lawsuit against U.S. Customs and Border Protection that
could have widespread implications along the U.S.-Mexico border.
The issue involves U.S. citizens who say they were held for long
hours at ports of entry in South Texas and denied entry into the
country after they presented birth certificates registered by
midwives."


We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.
_________________________________________________________________
2.* FOCUS


Today Is Deadline For The J-1 Exchange Visitor Classification
and its Discontents


Tuesday, January 5th is the deadline for the Wednesday, January
6th phone session of "Physicians For Beginners" with speakers
Christopher Wendt (discussion leader), Lisa E. Claypool, Kristen
A. Harris, Ann Lance, Bruce R. Larson, Hamel Vyas and Other
Speakers To Be Announced. The curriculum is as follows:


++Getting Into the J-1 (The ABC's of ECFMG)
++Getting Around the J-1 for Training
++Getting Out of the J-1 Obligations - Waivers and more
+++++Waivers
+++++MAVNI
++Satisfying the 2 year home residency requirement
++The Physician National Interest Waiver


Tuesday, January 5th 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/200931.shtm. Fax form:
http://www.ilw.com/seminars/200931.pdf. Don't delay, sign up
today.
_________________________________________________________________
3.* ARTICLES


(a) Immigration Reform: Check Your Premises


Harry DeMell writes "Most of all we need to approach our
immigration problems from a point of view that is neither anti-
alien nor pro amnesty. We need a policy that is pro-American."
http://www.ilw.com/articles/2010,0105-demell.shtm
http://www.demell-visas.com/


(b) The Immigrant Paradox: The Stalled Progress Of Recent
Immigrants Children


David North for the Center for Immigration Studies writes "The
American tradition, over the years, has been that the first
generation of immigrants struggles, the second generation does
better, and the third generation does even better in terms of
income, education, personal health, and overall achievement."
http://www.ilw.com/articles/2010,0105-north.shtm
http://www.cis.org/


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "Although the definition of employer for
purposes of filing PERM is very broad, there are other
requirements to take into consideration."
http://www.ilw.com/articles/2010,0105-stewart.shtm
http://blogs.ilw.com/joelstewart/


To submit an Article for consideration, write to
mailto:editor@ilw.com
_________________________________________________________________
4.* NEWS


(a) CRS Report On Legal Ethics In Immigration Matters


The Congressional Research Service released its report on "Legal
Ethics in Immigration Matters: Legal Representation and
Unauthorized Practice of Law".
http://www.ilw.com/immigdaily/news/2010,0105-crs.pdf
_________________________________________________________________
5.* CLASSIFIEDS


(a) Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC,
http://www.goellaw.com
a prominent business immigration law firm, has challenging,
rewarding, and stable career opportunities for immigration
professionals. Due to the sustained growth of our practice, we
currently have multiple openings for experienced corporate
immigration paralegals. 3+ years of business immigration
experience (NIV and IV) with top-tier immigration practice or in-
house corporate immigration department desired. Experience with
corporate immigration compliance and/or global immigration
matters is a plus. Extensive client contact involved.
Undergraduate degree, excellent organizational and communication
skills (both written and oral), and the ability to work
independently in fast paced environment required.* Goel &
Anderson offers highly competitive salaries + outstanding
benefits. Qualified candidates invited to apply with resume +
cover letter to mailto:careers@goellaw.com.* All submissions kept
strictly confidential.* No phone calls please.


(b) Help Wanted - Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Transformation Division. Serve as advisor
to the Special Counsel for Transformation, Chief of the
Adjudications Law Division, the Chief Counsel, and to
Transformation Integrated Product Teams on issues relating to
U.S. immigration laws. J.D. degree, active bar membership, 3+
years of post-J.D. experience required.* This job is being filled
by an alternative hiring process and is not in the competitive
civil service. For full details enter COU-CIS-2009-11 here.
http://www.usajobs.com/
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to mailto:Patrick.Kernan@dhs.gov. All
submissions must be received by 5pm EST January 10, 2010.
GS-13/14/15. Position open until filled. No relocation allowance
offered.


(c) Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorney for the position of Associate Regional
Counsel, USCIS OCC, Western Region. Responsibilities include, but
not limited to, serving as attorney providing on-site legal
advice to local District Office USCIS personnel on issues
involving immigration related adjudications, inadmissibility and
deportability grounds, and national security. J.D. degree, active
bar membership, 2+ years of post-J.D. experience required. For
full details enter COU-CIS-2009-10 here.
http://www.usajobs.com/
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to mailto:kelli.duehning@dhs.gov. All
submissions must be received by close of business on January 10,
2010. GS-13/14/15. Position open until filled. No relocation
allowance offered.


(d) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or
email mailto:info@inszoom.com.


(e) Immigration Law Certificate
Classes offered both online and in-person.* Master the complex
and ever changing maze of immigration policies and regulations
with the Immigration Law Studies Certificate Program offered by
CUNY's School of Professional Studies. This graduate-level
certificate program, consisting of (3) three-credit classes,
offers students who complete it a comprehensive understanding of
the laws, regulations, and processes surrounding the status of
immigrants in the US, including family and employment-based
immigration and deportation defense. It is designed for
individuals working in law firms, companies, government agencies
and nonprofit organizations where they interact with immigrants
and immigrant legal concerns on a regular basis and would
therefore benefit from greater knowledge of the laws and
regulations surrounding immigration. For more information on
class schedules, tuition and fees, course applications and to
register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP


(f) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
http://aetsinternational.com/applicationforevaluationservices.pdf
.* AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields.* For a copy
of the Application for Credential Evaluation and Translation
Services, please contact AETS at (786) 276-8190, visit
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.
_________________________________________________________________
6.* Headlines


(a) New Immigration Documentary Film


A documentary film on immigration that features Jupiter's El Sol
Neighborhood Resource Center as a centerpiece of the story about
why people leave their homes for the United States and the
suffering they endure will be screened in El Sol, FL.


(b) Pilgrim's Pride Pays $4.5M To End Immigrant Probe


The Pittsburg, Texas-based company in turn agreed to pay $4.5
million to a law enforcement fund at the Department of the
Treasury and improve how it screens prospective employees to
ensure they are allowed to work in the United States.


(c) US Lifts Restriction On Visas To HIV-positive Foreigners


Foreign nationals who are HIV-positive will find it easier
starting Monday to visit the United States.


(d) Georgia Immigration Checks Got Tougher With New Year


The well-publicized "Super Speeder" law passed in the 2009
session wasn't the only Georgia law that took effect with the New
Year last week.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2010,0105.shtm#Headlines
_________________________________________________________________
7.* ComingsNGoings


Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm


(a) New Office
Gonzalez Law Offices, Inc. is pleased to announce its new office
address: Gonzalez Law Offices, Inc., 450 Warren Avenue, East
Providence, RI 02914
_________________________________________________________________
8.* LETTERS


Readers can share comments, email: mailto:editor@ilw.com* (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm


(a) Dear Editor:
I have the following is a suggested editorial change.* ID (email
version) has headings "4. News" and "6. Headlines". These
categories overlap. It might be clearer if the heading for 4 was
changed to "Official Publications", or something like that, which
more accurately reflects the content, and distinguishes from
newspaper articles included in 6.
Martin Solomon, Esq. Editor's Note: We welcome suggestions from
our readers, and always consider each of them carefully.


(b) Dear Editor:
With regard to Honza Prchal's letter (01/04/10 ID), my letters
have no ax to grind in favor of Mexican immigrants in preference
to other immigrants. But his letters, and some other ID letters,
do not seem to realize that illegal immigration by less educated
people (who happen to be our close neighbors, so they will come
here regardless) and legal immigration by affluent, well-educated
professionals are merely two sides of the same coin. As long as
we pursue draconian remedies against the less educated, our laws
will continue to slam the gates against many of the most skilled.
As far as much of the general public is concerned, a non-European
immigrant is a non-European immigrant, and the fewer the better.
Whether the person has a good education, can create jobs for
Americans, or may even have extraordinary ability in some
important and valuable field, is just a meaningless footnote for
all too many Americans. The elitist immigration policy that some
ID letters recommend is not merely against every tradition that
made this Nation of Immigrants the great country that it is. It
will also never work. We are, unfortunately moving in the
direction of adopting a policy toward all immigrants that
Canada's immigration minister was reported to have endorsed
during WW2 when he was asked how many Jewish refugees from Nazi
persecution his country was prepared to accept. His alleged
answer was: "None would be too many."
Roger Algase, Esq. New York, NY


(c) Dear Editor:
I believe Sergei Sheplov' letter (01/04/2010 ID) misinterprets
the thrust of my letter (12/31/09 ID), wherein I agreed with
Honza Prchal's letter's position that "bi-culturalism is bad".
While the market shopped by Mr. Sheplov seems to have
"predominately" Polish-speaking clientele, the market I shop at
(and it is a huge Super Market) is shopped at only by people who
speak Spanish, and most of whom speak no English whatsoever an
never intend to learn. The market is owned and operated by and
caters to Mexicans, with little or no regard to Anglos. I have
never taken the position that bi-lingualism is bad - bi-
lingualism, or tri or quadra-lingualism is a good thing and I
encourage it. But bi-lingualism and bi-culturalism are not the
same thing. It is fine and commendable for those from other
countries to preserve their heritage and culture. That is what
makes America great, and especially Southern California, where we
have huge Korean, Chinese, Japanese, Filipino, Mexican, Fijian,
Hmong, British, French, German and Cambodian communities, with
representation from all other countries alike. I love visiting,
shopping and visiting their business establishments. But they all
speak English in their shops and they do assimilate (it does not
take a dictionary to define what that means) into the American
culture, while at the same time respecting and preserving a part
of their own. Mr. Sheplov's letter will just have to take my word
for it - in my neighborhood, the Mexicans do not assimilate, and
he is welcome to shop at La Carreta Market at the corner of Hewes
and Chapman Streets in the city of Orange, California, if he
doubts it. A few Poles in one city's neighborhood do not alter
the ethnic mix of America much. Millions of Mexicans do. That's
the difference.
David D. Murray, Esq. Newport Beach, CA


(d) Dear Editor:
I am a US citizen and I have a friend that is from Paris, France
here on a student visa with a double masters degree working on
his PhD in International Finance.* His visa is valid until March
of 2010, his passport is valid until 2014, and his I-20 is
current. He is not what people call an 'illegal immigrant.' In
2007, he fell in love and in 2008 married a U.S. citizen that
just happens to be addicted to prescription medications. He knew
nothing about this. But he was arrested due to her mistakes.** He
was placed in detention and scheduled for deportation. My friend
has been in detention center in Pompano Beach Florida for 5
months now. This couple has lost all there savings on lawyers,
she lost her job, and they are in the process of losing their
home. All this was caused because ICE has the wrong person in
jail. Until you go to one of these detention centers and see
with your own eyes, you will not believe what America is doing. I
was shocked, on my first visit and after almost 6 months of
seeing what happens and how they have to live, I am still in
shock.** Six months ago I had no idea that we treated immigrants
in this way, especially when they are here legally and have done
nothing wrong.* I feel it is my duty as an American to let as
many people as possible know the truth. I visit the detention
center every Saturday and spend the rest of the week writing
letters. Let's go back to protecting the country rather than
making up stories to justify the expansion of a national security
complex. Let's end businesses profiting from immigrant detention
and restore our image as a nation of immigrants.
C McGinnis


(e) Dear Editor:
This must certainly be the first time I agree with a letter from
Mr Algase (01/04/10 ID).* In fact, I pretty much agree with most
of the letters in Immigation Daily (01/04/10 ID) for a change,
and hope that this is a sign that the average supporter of
amnesty, and immigration reform is seeing the big picture.* The
big picture being that immigration to the USA is not all about
the Hispanics.* There are many others out there, who will likely
benefit this country a lot more, especially at this time.* Mr
Algase's letter mentions the hoops legal immigrants from other
countries have to jump through to make a life here.* My family
are a prime example of this.* My husband is a highly qualified
professional, and so am I.* We are from an english speaking
nation, so no concern about not being able to communicate!* We
came to the USA, with jobs, where our skills were needed, with
our cash in hand, a welcome boost to the economy.* We bought a
house, and spent our money on American manufactured cars.* We
have our own health insurance, and every other insurance we might
need.* Our kids quickly assimilated into the US schools and are
excelling at school.* In a few years they will be very
productive, self-sufficient adults.* Then why did it take us more
than 7 years to get a greencard, with every little bit of red
tape thrown at us that they could.* And as for "anchor-babies",
having another child here eventually, did not help us in securing
the greencard in any way. It would be beneficial if more
recources were spent on getting legal, desirable immigrants
through the system* vs. the current chaos that concentrates only
on appeasing the illegal masses, mostly from Mexico.
Linda Cogill


(f) Dear Editor:
The Visa process is a long and expensive process.*** My Fiancee's
petition was denied 29 December 2009, because she did not
remember my job title from my prior job in 1994.*** 20 months of
sincere, careful Visa preparation terminated in a couple of
minutes.** The Visa Interview Officer answers to no one, and has
no rules that he or she has to follow, only vague "guide lines".
Now, I must start all over with much expense and another year of
waiting for another interview, and hope to get an "Fair" officer.
It is so difficult, expensive, complex, and often impossible to
get a Visa, no wonder we have so many illegals in this country.
Bob


(g) Dear Editor:
Regarding Jim Roberts' letter (01/04/09 ID): Resolving our
immigration problems is easy. Worksite enforcement only, that's
the answer. We will be the finest example of humane, fair and
rational way to enforce our immigration laws, that we will not
tolerate unauthorized foreign workers by going after the
employers without jailing and hunting anyone and treating them
like hardcore criminals. Unannounced worksites visits and audits
should do it. First offense will result in written warning for
the employers who employ illegal workers, second and next repeat
offenses will result higher fines and also the costs of
repatriating their foreign workers home. We don't need the "great
wall" of North America, drones, "virtual" fences etc. They don't
work and are expensive indeed. But employers today must have the
option to retain their undocumented workers because it's not easy
to replace them with a "magic wand" overnight by legalization,
but to prevent immigration chaos in the future again and repeat
"amnesties" then dilligent worksites enforcement is the answer.
We must worry over how we can improve our education quality. Many
American students are simply far below standard compared to other
nations particularly in Math and Science subjects. Our
immigration laws should be the tool of protectionism so we can
take things for granted forever just being "very lucky" Americans
not those guys who are born in the "unfortunate sides" of the
border. We waste money to wage wars with backward Taliban and
their like minded friends and supporters while we can easily
defeat them by giving them a punch by counter propaganda and
insisting all nations to stop supporting theocracies whom love to
use religions as tool of hatred, ignorant and intolerant to
manipulate the masses for their corruption and incompetence to
improve their people well beings.
Robert Yang
_________________________________________________________________
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