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Nov 5 - Supremes Weigh Arizona Law

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


November 5, 2009


http://www.ilw.com/immigdaily/digest/2009,1105.shtm


Items:
1.  Comment: Supremes Weigh Arizona Law
2.  Focus: Today Is Deadline For Consular Processing For
    Beginners
3.  Articles:
    (a) Congress Ends The Widow Penalty by Brent Renison
    (b) La Lucha: The Human Cost Of Economic Repression In Cuba
    by Patricia Linderman for the Foundation For Economic
    Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) DHHS Publishes Final Rule On HIV
    (b) USICS Provides Latest H1B Cap Count
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Case Management Technology
    (c) Translation Services
    (d) Forensic Psychology Services
6.  Headlines:
    (a) Driving Without English
    (b) Columbia Farms Settles Immigration Case
    (c) Health Care Debate Focuses On Legal Immigrants
    (d) Immigrant Economy
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) Donald Miller
    (c) Robert Yang
    (d) Jim Roberts


http://www.ilw.com/immigdaily/digest/2009,1105.shtm


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_________________________________________________________________
1.  COMMENT


Supremes Weigh Arizona Law


The Miami Herald
http://www.miamiherald.com/news/politics/AP/story/1312711.html
reports that the Supreme Court has asked the administration for
its position on a challenge to an Arizona law that punishes
businesses that hire undocumented immigrants. "The justices
agreed to ask Obama's solicitor general, Elena Kagan, to submit a
brief outlining the administration's views. The justices will
review this brief before they decide whether to take up the
case."


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


Today Is Deadline For Consular Processing For Beginners


Wednesday, November 4th is the deadline for ILW.COM's new seminar
series "Consular Processing For Beginners" with speakers Brian
Bolton (discussion leader), Shanni Alexandrovitz, Magdale Labbe
Henke, Joan Squires-Lind, Liam Schwartz, Nita Upadhye And Other
Speakers To Be Announced. The curriculum is as follows:


FIRST Phone Session on November 5: Applications for Non-Immigrant
Visas
++What happens once an H-1/L-1 petition is approved by USCIS
++What is the role of the Department of State
++Non-immigrant visa application process
++Documentary requirements
++Grounds for denial
++Security clearances/waivers of grounds of inadmissibility
++Visa Waiver Program/ESTA system


SECOND Phone Session on December 3: Applications for Immigrant
Visas
++Application process
++Immigrant Visa Interview
++Documentary requirements
++Affidavit of Support issues
++Validity of immigrant visa
++What happens if client isn't quite ready to re-locate to U.S.?


THIRD Phone Session on January 7: Proactive Lawyering
++How to avoid surprise delays/denials
++Know procedures at the consulate
++Use the FAM as primary research tool
++When/how to request advisory opinion
++How to overcome issues of inadmissibility
++How much is too much supporting documentation


Wednesday, November 4th 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/200928.shtm. Fax form:
http://www.ilw.com/seminars/200928.pdf. Don't delay, sign up
today.
_________________________________________________________________
3.  ARTICLES


(a) Congress Ends The Widow Penalty


Brent Renison writes "The new law, Public Law No. 111-83, amends
the Immigration and Nationality Act by removing the words "for at
least two years", allowing widows of U.S. citizens to file
petitions for resident status regardless of the length of
marriage, provided the marriage is bona fide!"
http://www.ilw.com/articles/2009,1105-renison.shtm
http://www.entrylaw.com/people/brentrenison.html


(b) La Lucha: The Human Cost Of Economic Repression In Cuba


Patricia Linderman for the Foundation For Economic Education
writes "After 41 years, many who dream of a better life can only
imagine achieving it somewhere else."
http://www.ilw.com/articles/2009,1105-linderman.shtm
http://fee.org/


(c) Bloggings On Immigration Law And Policy


Greg Siskind writes "I've been monitoring H-1B numbers each month
and have noted a rather dramatic jump in filings over the last
few months."
http://www.ilw.com/articles/2009,1105-siskind.shtm
http://www.visalaw.com/


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


(a) DHHS Publishes Final Rule On HIV


The Department of Health and Human Services published a final
rule in the Federal Register amending its regulations to remove
"Human Immunodeficiency Virus (HIV) infection" from the
definition of communicable disease of public health significance.
http://www.ilw.com/immigdaily/news/2009,1105-hiv.shtm


(b) USICS Provides Latest H1B Cap Count


USCIS announced that as of October 30, 2009, approximately 53,800
H-1B cap-subject petitions had been filed. USCIS has approved
sufficient H1-B petitions for aliens with advanced degrees to
meet the exemption of 20,000 from the fiscal year 2010 cap.
http://www.ilw.com/immigdaily/news/2009,1105-h1b.shtm
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Paralegal
Passaic County, NJ  - Experienced immigration paralegal for
senior paralegal position law office.  Must have excellent
writing skills and people skills, working long hours is required,
salary offered commensurate. Must speak foreign language. College
degree preferred. Send resume and writing sample to:
mailto:melinda2006@gmail.com.


(b) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, TrackerCorp
http://www.trackercorp.com
is the most flexible and dependable immigration management
solution on the market today. Designed by immigration attorneys
and paralegals, ImmigrationTracker is often praised for its ease
of use, intuitive features, and built-in immigration knowledge.
As one of our customers noted, "If we had two years and unlimited
funds to design our ideal immigration management system, Tracker
would be it."  Phil Curtis, Chin & Curtis.  Find out for yourself
why Tracker is the choice of: 83% of practicing Past Presidents
of the AILA (American Immigration Lawyers Association, through
June 2007); 86% of the 25 largest immigration law firms (IndUS
Business Journal 2006); 75% of the AmLaw 200 (largest US law
firms, American Lawyer Media, 2006); 3x as many globally ranked
immigration attorneys as compared with other software vendors
(Chambers Global and the International Who's Who of Business
Immigration Lawyers, 2007). Schedule your private demo: Call
1-888-466-8757 ext. 278 or email mailto:sales@trackercorp.com.


(c) Translation Services
Eurasia Translations, Inc. has been proud to serve immigration
attorneys and individuals since 1993 with the translation of
personal documents, academic credentials, criminal clearance
letters, etc. Our customers can rest assured that all of our
translations are prepared in accordance with USCIS requirements
and are accompanied by a notarized certificate of accuracy. For
more information, please call 888-887-1884 or visit our website.
http://eurasia-usa.com
For a free quote, please complete
http://www.eurasia-usa.com/quoteRequestForm.html
or fax your document at 818-907-9763.


(d) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
http://www.forensicpsychologyexperts.com
The right experts make a real difference.
_________________________________________________________________
6.  Headlines


(a) Driving Without English


At least six officers in several different patrol divisions wrote
the tickets, each time citing a driver for violating a law that
does not exist.


(b) Columbia Farms Settles Immigration Case


South Carolina prosecutors said poultry producer Columbia Farms
would pay $1.5 million and improve hiring practices to avoid a
conviction for illegal hiring.


(c) Health Care Debate Focuses On Legal Immigrants


Some Republicans favor excluding immigrants who have been legal
permanent residents for less than five years, as well as all
illegal immigrants.


(d) Immigrant Economy


This is the second of a three-part series on illegal immigration
in Arizona and its effects on the state, the economy and the
University.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,1105.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) Immigration Event
November 17 - This month's CIS Ombudsman teleconference, entitled
"USCIS Adoption Petition Processing: How Is It Working for You,"
will be held at 2:00 -3:00 p.m. EDT. For more info and to rsvp
email CISOmbudsman.Publicaffairs@dhs.gov.
_________________________________________________________________
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:
In response to Mr. Murray's letter's (11/03/09 ID) question,
whether it is engaged in pointless critique, I'll vote no. His
letters are informative and useful, even when they said that I
(and California's Guvernator) should not be a citizen, which I am
(and his Arnoldness is). Biblical references have their point,
but as relatively restrictionist folks no doubt tire of their use
in many pro immigration and pro amnesty letters, so too do pro
amnesty and/or pro immigration writers tire of their use to
promote immigration. Not only is God probably not altogether on
anyone's side in this fight, using Him (or opposition to Him) as
a stand-in for your own arguments is probably as alienating to
the other side as quoting controversial political figures in
support of one's position. For example, Mr. Yang's letter's
(11/03/09 ID) "If I may quote the "holly books" [sic] again, I
think God will cast liars into hell [sic] for sure." undermined a
letter that I otherwise enjoyed reading far more than the focus
on Western Imperialism as if it were worse than the steady march
of the Han, Indonesia's Javanese subjugation of "lesser"
neighbors, the spread of the Arabs or African slaving empires of
recent history. Most God references in our letters have begun to
lose their meaning because they make us stop reading. As for Mrs.
Cherly Rodriguez's letter's (11/03/09 ID) claim that Americans
won't work with pigs or chickens, I have to say I've worked with
sheep, cattle, chickens and even, worst of all, on a guinea pig
farm (medical and beauty product testing, plus a few pets) which
was far worse. Americans certainly seem to do all the pig farming
for hundreds of miles around me, despite the truly awful smell.
Honza Prchal, Esq. Birmingham, AL


(b) Dear Editor:
Regarding letter by Lisa, (11/04/09 ID):   Couple of errors in
thinking in the letter.  First, medical care is not "free" in
Canada and the UK, as Lisa's letter stated. It is paid for by
everyone, big time, through almost confiscatory tax schemes. Even
the French and German systems, which in my opinion are the best
models for the US to look at, require nominal co-payments at time
of treatment by the patient.  The UK and Canadian systems do not.
It is totally irresponsible to suggest that, at a time when,
according to our political "leaders", some 40 million Americans
cannot afford health care, foreigners suffering from HIV/AIDS be
allowed in to receive life-long , expensive, medical care for
those afflictions.  I. for one, have a difficult time justifying
to myself why I should be forced to cover medical care for
people, many of whom are totally responsible for their own
condition.  And these are mostly fellow Americans.  Our
government now feels that I should also cough up more money to
care for foreigners.  Justify this for me.   Point two:  please
all of you understand that the concept of "family reunion" is
totally bogus.  The easiest way to "reunite" these families would
be for the lone illegal or legal immigrant here to return home,
wherever that is, to the loving embrace of his/her vast extended
family and live happily everafter.  Once again, why is the
American citizenry required to pick up the bill for the care and
feeding of hordes of family members of some foreigner who is here
in violation of our laws and our wishes?  May they all "reunite"
with their beloved families... right back home.
Donald Miller


(c) Dear Editor:
Regarding Mr. Roberts' letter (11/04/09 ID): Border can never be
secured even if we build the "$ 1 trillion + smart and
electrified Great Wall of North America", but we can make sure
that all employers in the US comply with our labor and
immigration laws by robust annual or bi annual unannounced work
sites inspections just like health, building codes and sanitation
compliance inspections. We have millions of illegal immigrants
who have put down roots in this country and holding jobs, having
families and contributing to the society and paying taxes and act
as consumers also for local and national businesses, deporting
them means humanitarian and economy disaster for the entire
nation. Legalization is a must and common sense way to do, but to
prevent the future same problem only work site enforcement can
work well to ensure compliance.  Countries must have immigration
laws but not for the purpose of protectionism to please their
whining citizens who think they don't have to compete in any
kinds and deserve any entitlements just being lucky to be
citizens of those countries. I will not apologize for any of my
letters that may contain offensive inconvenient truth to anyone
or groups. Yes, telling the truth can be offensive and hurtful
but ones must contend with themselves and deal with it. We're
just tired by any holier than thou hypocrites that dare to quote
any Holy Books, judging others on environmental issues to
disguise their xenophobia while they're living in McMansions and
pollute this planet the most by their lavish and wasteful
lifestyles or asking us to support our fellow Americans by buying
made in USA only or condemning same sex marriage and sexual
immoralities of others while they don't do what they preach on
others.
Robert Yang


(d) Dear Editor:
The Letters of (11/4/09 ID), I partially agree with the J.
Frecker letter and others that some of the D. Murray letters have
been superb and not "pointless" and I have commented favorably on
these.  But, at times the latter has strayed from this and made
irrelevant comments, pulling out the "race" and "bigot" cards,
and now the poll "card". When the DM letter stated some time back
that the letters would cease unless an apology was made by
another writer, and none was made, it was my "apology by proxy"
that precluded this "painting into a corner" and only DM has ever
mentioned an end to letters. It is astounding that the letter of
M. Swanson would find my letters "insulting", ignoring the the
insulting letters of R. Yang. And, why are Bible references ok
with other letters? But, a lawyers job entails ignoring truths
that would differ from the chosen agenda which is why we see, the
only Bible condemnation of a profession in Luke 11: 46 & 52-54.
This would make me "sick" too. Those who dislike my letters or
references should skip them as ID-ILW has something for everyone.
I would like to thank Mr. Frecker for his years with the BP, a
difficult and thankless job. But, the reason why most of US
rejected any form of amnesty the last time around can be found in
his letters, "once the borders are secured". This was promised to
US in 1986 and before. citizens are in no mood to have it used as
a bargaining chip now for concessions,  only to have the
enforcement provisions again ignored or tokenly pursued. Entry,
laws and borders are supposed to be secured now, without any
other bargaining. That is why citizens and/or restrictionists
should not have to "compromise" on another shamnesty.
Jim Roberts
_________________________________________________________________
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