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Sep 2 - Lost And Found

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

September 2, 2009,0902.shtm

1.  Comment: Lost And Found
2.  Focus: The Immigration Compliance Book
3.  Articles:
    (a) The Obama Administration's Bilateral Investment Treaties
    (BITs) Should Provide For Investor Visas by Gary Chodorow
    (b) Canadian Citizenship By Birth Abroad by Henry J. Chang
    (c) Immigrant Of The Week: Barbara Padilla by Greg Siskind
4.  News:
    (a) USCIS Reminds Federal Contractor EVerify Requirement
    Begins Sept 8th
5.  Classifieds:
    (a) Help Wanted - Immigration Attorney
    (b) Case Management Technology
    (c) J-1 Visa Program
6.  Headlines:
    (a) Family Oceans Apart After Visas Yanked
    (b) U.S. Government Seeks $5M In H-1B Fraud Case
    (c) H-1B Cap Would Make US Workers 'Privileged Elite',
    Greenspan Says
    (d) Illegal Aliens Now in Federal and State Prisons and
    Municipal Jails Should Be Deported To Their Countries of
    Origin Immediately
7.  ComingsNGoings:
    (a) Submit Your Announcement
8.  Letters From:
    (a) David D. Murray, Esq.
    (b) John J. Brannigan
    (c) Todd Ovenhouse
    (d) Trivikram Krishnamurthy
    (e) Jerry Greene,0902.shtm

Books On Immigration Law:
Immigration Law Seminars:

Lost And Found

The Corpus Christi Caller-Times reports "U.S. Border Patrol
agents helped find a lost boy and reunite him with his mother
Sunday after they were separated while trying to enter the
country illegally." For the full story, see here.

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

The Immigration Compliance Book

The Immigration Compliance Book, Editors Angelo A. Paparelli, L.
Batya Schwartz Ehrens, and Dan Siciliano features the following:
++Sections: Understanding I-9 Concepts, I-9 Advanced Topics,
Employer E-Verify Considerations, E-Verify Advanced Topics, DHS
Enforcement Through ICE Raids and Audits, Specialty Topics
++Sample Proposed I-9 Policy and Procedures, Sample Form I-9
Verification Procedures - Guideline for Employers, Sample
Checklist for I-9 Audit and Correction Guidelines
++Critical Resource Materials: Selected Statutory Provisions,
USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-
Verify, USCIS Press Releases/Q&As/FAQs, etc
++Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO,
BIA, Federal District and Circuit Courts, Important Statutes,
Regulations, Forms, Weblinks, etc.
++750+ pages, 850+ footnotes
++33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K.
Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D.
Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen,
John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin
Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson,
Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren,
Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C.
Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C.
Heubel, Susan Kelly, Vinh C. Trieu

For more info on this book, see here (
fax version, see here).

(a) The Obama Administration's Bilateral Investment Treaties
(BITs) Should Provide For Investor Visas

Gary Chodorow writes "Now is the time for companies and
organizations with an interest in this issue to voice their

(b) Canadian Citizenship By Birth Abroad

Henry J. Chang writes "A related issue of concern is that
limiting Canadian citizenship to the first generation may render
some children of Canadians born abroad stateless.",0902-chang.shtm

(c) Immigrant Of The Week: Barbara Padilla

Greg Siskind celebrates the achievement of Mexican-born singer
Ms. Padilla, a survivor of cancer and a mom in Houston, Texas.,0902-siskind.shtm

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

(a) USCIS Reminds Federal Contractor EVerify Requirement Begins
Sept 8th

USCIS is reminding federal contractors and subcontractors that
effective Sept. 8, 2009, they will be required to use the E-
Verify system to verify their employees' eligibility to work in
the US.,0902-EVerify.pdf

(a) Help Wanted - Immigration Attorney
Miami, FL - Ira Kurzban seeks an associate who is an  experienced
brief writer and federal litigator in immigration matters to work
in his firm's office
in Miami. The lawyer should have excellent research, writing and
analytical skills with at least 3 to 5 years of experience.
Spanish speaking preferred. Forward your resume and two of your
best written briefs or memoranda to or
mail to 2650 SW 27th Avenue, Miami, FL 33133.  Health + pension
plan. Competitive salary based upon experience.

(b) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, TrackerCorp
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

(c) J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global
Current, a service of AIESEC U.S., a leader in international
exchange and professional training for over 50 years. Unlike
other visas, the J-1 does not require a lengthy petitioning
process, has few restrictions and can be processed at any time of
year to facilitate the quick and simple implementation of an
Exchange Visitor Program. Global Current has developed a
streamlined sponsorship process supported by J-1 experts that
allows us to maintain an unrivaled 48 hour turnaround time on
complete applications. Global Current provides J-1 Trainee and
Intern programs in a variety of occupational categories including
law, engineering, finance, architecture, graphic design,
marketing and fashion. For more information on eligibility
requirements and a complete list of occupational categories,
or email Melany Hamner at
6.  Headlines

(a) Family Oceans Apart After Visas Yanked

A Scottish family of five has been split overseas and may have to
sell its two ice cream shops after the mother's and daughter's
visas were revoked during a trip to London.

(b) U.S. Government Seeks $5M In H-1B Fraud Case

The U.S. government filed a new, expanded indictment last week
against a New Jersey IT services firm it alleges fraudulently
used H-1B visas through a scheme that delivered it millions of
dollars in gains.

(c) H-1B Cap Would Make US Workers 'Privileged Elite', Greenspan Says

Former Federal Reserve chairman Alan Greenspan Thursday offered a
spirited defense of the controversial H-1B program, telling a
U.S. Senate subcommittee that the visa quota is "far too small to
meet the need," and that it protects U.S. workers from global
competition, creating a "privileged elite."

(d) Illegal Aliens Now in Federal and State Prisons and Municipal
Jails Should Be Deported To Their Countries of Origin Immediately

My proposal would make many of these people the problems of their
countries of origin.

For links to the above stories see here:,0902.shtm#Headlines
7.  ComingsNGoings

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

(a) Submit Your Announcement
If you have a professional announcement such as: New Position,
Honors And Awards, Mergers & Acquisitions, New Office Address,
New Appointment, New Associate, New Attorney, New Partner, that
you wish to share with the Immigration Daily community, send your
professional announcement to:
comingsNgoings announcements is a free service.

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

(a) Dear Editor:
Responding to Pangga Philippines' letter (09/01/09 ID): Nowhere
in my letter do I suggest that I defend "embassy consuls even if
it is clear that an erroneous review/decsion has been made."
While I do not take the position that "consular officers
decisions "are always right," any assumption that the consular
officer's decision was "erroneous" is surmise and not "clear".
The facts, as they are bit-by-bit revealed by Pangga Philippines'
letters, claims the marriage was "legally null and void" because
of a first-cousin relationship. Indeed, Philippines marriages of
collateral blood relatives, whether legitimate or illegitimate,
up to the fourth civil degree (which includes cousins), are void
"ab initio". However, the case file would have had to have been
properly documented to show this degree of relationship. The
declaration of nullity of marriage would not be enough to satisfy
a nit-picking Consular Officer. If all necessary documentation
was not originally provided, notwithstanding I-130 approval by
USCIS, the consular officer's decision was not "erroneous," but
discretionary, based on the evidence before him/her. If all the
documentation necessary to show a void marriagewas missing, then
don't blame the Consular Officer. Remember, Consular Officers get
a second bite at the apple, another chance to look closely at all
submitted documentation. The burden is on the applilcant.
Consular Officer are not required to issue an RFE. Here, the
parties should look to the individual who originally prepared the
I-130 Petition. If a lawyer was involved, perhaps failure to
properly document  was malpractice. If no lawyer was used, then
this is just one more example of why everyone needs the services
of an experienced and qualified immigration lawyer, no matter how
"simple" the case may at first seem to be.
David D. Murray, Esq.                 Newport Beach, CA

(b) Dear Editor:
Racism is the belief that race is the primary determinant of
human traits and capacities and that racial differences produce
an inherent superiority of a particular race (09/01/09 ID
comment). In the case of institutional racism, certain racial
groups may be denied rights or benefits, or get preferential
treatment, while Reverse discrimination favours members of a
historically disadvantaged group at the expense of those of a
historically advantaged group. Racial discrimination typically
points out taxonomic differences between different groups of
people, even though anybody can be racialised, independently of
their somatic differences. According to the United Nations
conventions, there is no distinction between the term racial
discrimination and ethnic discrimination.
John J. Brannigan

(c) Dear Editor:
Yes, it is the ICE employees that enter the US illegally
(09/01/09 ID comment). Mistakes happen but it's only a big deal
when it happens to some poor liberal.  I would be will to bet the
NC native has a criminal record.  Why didn't the idiot push 1 for
English or provide some documents showing he was a US citizen.
ID should tell the whole story.
Todd Ovenhouse

(d) Dear Editor:
Regarding the I-512 "Advance Parole" document that the USCIS
issues individuals waiting for adjudication of their I-485 so
that they can travel out of and into the US without having their
I-485 petition considered abandoned, about 10 years ago, hardly
anybody availed of the I-512 because the time between the I-485
filing and adjudication was typically a few months. Due to the
fickle movement of EB priority dates, this period has become
longer. Nationals of India and China who filed their I-485
petitions during the 2007 visa-gate days, can expect to have
their I-485 pending for several years and would have to rely on
their AP documents for the foreseeable future. Apart from musing
about the odd nomenclature that suggests relief from
incarceration, anybody who has traveled on AP knows that it
involves more hassle than travelling on a visa. Not all air
carrier and immigration agents worldwide are aware of the fact
that this document is sufficient for entry into the US. Secondly,
it's not possible to transit through many airports, particularly
in Europe, without a valid US visa. These countries specifically
forbid the Advance Parole document from being construed a US visa
for such transit purposes. Thirdly, Advance Parole holders, upon
getting to a US POE almost always face long delays at the "INS
Secondary" checkpoint. Why can't the DHS/ State Dept make Advance
Parole simply another visa category that an individual can obtain
on their passport from within the US. In fact, why even bother
with an I-131 petition and the I-512 document? Why can't an
individual, upon receiving their I-485 receipt notice, take that
to their local USCIS office and get a visa stamped on their
passport. That visa stamp, along with perhaps the I-485 receipt
notice, should suffice to make an entry into the US, should it not?
Trivikram Krishnamurthy

(e) Dear Editor:
I read ID mostly through referral from the Google clipping
service, which I have tagged for "h2-b." In regard to ID's
comment about Blackstone's Formulation (09/01/09 ID comment), we
must remember that the ICE and CIS employee takes as their task
the rejection, not approval, of visa authorization petitions, and
the issuance of deportation orders, not protection of human
rights.  Witness the recent "release" of the 24,500 unallocated
H2b slots.  Employers are urged to be thankful to the CIS.  Our
real thanks must go to the Maryland delegation, who have worked
so hard on this issue. Thanks for your excellent service.
Jerry Greene
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  1. Brittancus's Avatar
    As patriotic Americans we cannot afford to stop pursuing full, mandated E-Verify. Without it our countries businesses will be overrun by illegal workers in every sector of industry. The circumstances have now become so critical, owing to the millions of jobless citizens, legal residents that our government needs to insist full operation of the computer based application. E-Verify is a valuable tool that has expanded to a growing number of honest businesses that want to participate in the removal of foreign nationals. So far lawsuits from US Chamber of Commerce, ACLU have exposed hundreds of anti-American sovereignty groups, who have demanded the unfettered flow of foreign aliens stealing into the workplace. The federal courts have not played along and now contractors to the Federal government must implement E-Verify or not expect a contract?

    However, there is a toxicity amongst the Democrats and Republicans, who have an irrational view and are eager to destroy any immigration enforcement at our undermanned border or entrants who overstay knowingly their visits by jet. As it stands a path to citizenship, espoused as Immigration reform wants to legalize all those already here, but now its on-hold tell after the health care debacle. Can anybody imagine if foreign countries supported their citizens that America would not be suffering the problems of foreign workers and their families crowding the emergency rooms of major cities, educating their children and feeding off the limited benefits afforded the US population? E-verify must not be undermined or thrown into the waste pit of good immigration bills. 202-224-3121 is the Washington switchboard, to express your irate feelings and anguish at Senators and Representatives of both parties. Just like E-Verify if its not used correctly, Health care for all Americans will be inundated with illegal immigrants. They keep declaring no health care treatment for any illegal people, but unless a program such as E-Verify is not operational How can we distinguish from the legal population and those who have broken immigration laws? If a public option becomes law, there has to be a substantial way, to identify those those who are not entitled to any new health care reform?

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