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Jul 22 - Health Care Climate Change And Immigration

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


July 22, 2009


http://www.ilw.com/immigdaily/digest/2009,0722.shtm


Items:
1.  Comment: Health Care Climate Change And Immigration
2.  Focus: Today Is The Deadline For Asylum For Experts
3.  Articles:
    (a) Comprehensive Immigration Reform: A Primer by Walter
    Ewing et. al of the Immigration Policy Center
    (b) Tax Traps - US Citizens And US Tax Resident Foreign
    Nationals With Assets Abroad Foreign Bank Accounting
    Reporting Form TD F 90-22.1 by George Hayduk
    (c) Immigrants Of The Week: Shantanu Narayen, Diane Von
    Furstenberg, and Gadi Amit by Greg Siskind
4.  News:
    (a) USCIS Naturalizes First Soldier In Military Pilot
    Recruiting Program
    (b) ICE Releases SEVP Information
    (c) ICE Releases Supplemental Cap Gap Fact Sheet
    (d) ICE Releases DMV Fact Sheet
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegals
    (c) Help Wanted: Immigration Attorney
    (d) J-1 Visa Program
    (e) Case Management Technology
6.  Headlines:
    (a) Open America's Doors To More Immigration
    (b) Ex-Judge Collazo Busted For Immigration Fraud
    (c) Feds Shift Gears On Illegal Immigration
    (d) Fool Proof Identification For Non-Citizens
7.  ComingsNGoings:
    (a) Share Your Professional News
8.  Letters From:
    (a) David D. Murray, Esq.
    (b) Roger Algase, Esq.
    (c) Linda Cogill


http://www.ilw.com/immigdaily/digest/2009,0722.shtm


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


Health Care Climate Change And Immigration


President Obama looks set to win on the Sotomayor nomination. He
appears likely to win on the big sticking issue so far in the
Appropriations process: the cancellation of the F-22. That leaves
health care and climate change as the two big issues on the table
before Congress turns to immigration. Here's a look at how those
issues may affect the soon to come CIR debate in Congress.


Writing on salon.com,
http://www.salon.com/opinion/feature/2009/07/20/gop_math/
yet another GOP strategist bemoans the lack of support for
immigration benefits among Congressional Republicans:


"our weakness among minority voters is somewhat
masked when it comes to elections that are not national. Thanks
to redistricting, and the legal imperative to give emphasis to
"community of interests," these minority voters tend to be jammed
into congressional districts where they are the overwhelming
majority. That means the other districts tend to be more white in
nature, and thus more friendly territory for Republicans. Then,
at the level of the Senate, the reality is that Utah and Wyoming
get the same number of senators as do California and New York.
What this means is that when it comes to an issue like
immigration reform, the pressure on Republicans who actually have
been elected to office is more often to favor a position that is
unattractive to minority voters. If they were to take a different
position, they might find themselves facing a primary challenger
supported by the party's activist base. So, at the expense of any
long-term perspective, the Republican Party is likely to be
responsive to the sentiment of the people responsible for them
serving at this very moment."


The Republican strategist rightly concludes: "A recent poll shows
Republicans, at the national level, are viewed favorably by fewer
than 10 percent of all Hispanics. The word for this is "disaster"."
Disagreeing with the above writer is Jay Cost, a noted political
analyst (and a Republican) who writes on RealClearPolitics.com,
http://www.realclearpolitics.com/horseraceblog/2009/07/its_not_just_about_winning_ele.html
and his argument connects the dots between health care reform
(and by extension, climate change) and immigration:


"As UCSD's Gary Jacobson noted in the Spring, 2009
issue of Political Science Quarterly, "Republicans hold a
significant structural advantage in the competition for House
seats ... This circumstance will have the effect of moderating the
Democratic caucus, because Democrats representing such districts
are, of political necessity, considerably more moderate than
other Democrats. Similarly, more than half of the Democratic
senators who replaced Republicans in 2006 and 2008 are from
states in the South or the Mountain West, and they, too, will
have to compile moderate records or risk defeat." Hence Blue Dog
resistance to health care reform. This also suggests that the
Democrats might have the same problem in advancing immigration
reform, given the large number of members who come from mostly
white, conservative-tilting districts. You can stick either a
Democrat or a Republican in districts like PA-12, MS-1 or CO-4.
Those reps will be hard-pressed to vote yea. Perhaps this is why
the issue has been tabled this year?"


Clearly, how the health care and climate change debates play out
in the coming days will have an impact on immigration in Congress.
Lest anyone forgets, Sen. Schumer has said that he will start mark
up on the CIR bill less than two months from today. However, we
believe that the Democratic leadership will have to put immigration
on the floors of Congress, since they are far from cementing the
immigrant vote into the Democratic party at this point. As Jay
Cost's article reminds us:


"You can't lump African-Americans and Hispanics into
a "non-white" group without ignoring the 3.67 million Hispanics
who behaved contrary to the theory by...voting for John McCain!
This lumping together of non-whites also ignores the volatility
of Hispanic voters, who, as [the Republican strategist quoted
above] does note, gave George W. Bush about 40% of the vote in
2004. You can't lump all Hispanics together as a single voting
bloc ... Some are more partial to the GOP than others. George W.
Bush did relatively well with Hispanics in New Mexico (44%) and
Nevada (39%), but poorly with Hispanics in New York (24%) and
Illinois (23%). Additionally, the exit poll suggests that McCain
actually did better with Hispanics in Colorado than George W. Bush."


Democrats have made big promises to immigrants, and the Majority
Leader of the Senate, Mr. Reid, has several times publicly said
that he has the votes for immigration reform. As we move into the
height of the political debate on health care and climate change
in the coming days and weeks, we must remember that immigration's
day in the sun (or at least on the floors of Congress) is only
weeks away.


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


Today Is The Deadline For Asylum For Experts


ILW.COM is pleased to announce a new 3-part telephone seminar
series "Asylum For Experts" with David L. Cleveland (discussion
leader), Ashley Huebner, Nancy Kelly, Jeffrey Martins, Brian E.
Mezger, Alan Parra and other speakers to be announced. The
curriculum is as follows:


FIRST Phone Session on July 22: Harm and Motive
++Economic harm: when does it "rise to the level of persecution"?
++Emotional harm: how to demonstrate it without an expert
++Physical harm
++Abortions, IUDs, and "added" children
++Ostracism and other types of harm
++Proving motive of the persecutor
++"at least one central reason" means what?
++Corroboration: what evidence will impress the adjudicator?
++Recent case law


SECOND Phone Session on August 19: Bars to Asylum and Particular
Social Groups
++Internal relocation
++The one-year deadline
++Firm resettlement
++Persecutor of others
++Material support: when is giving under duress a defense?
++Domestic violence: my husband beat me
++FGM
++Recruitment by a gang
++Juveniles
++Other particular social groups
++Recent case law


THIRD Phone Session on September 16: How to Impress the
Adjudicator
++How to get letters from the old country
++Country conditions information from where?
++How to interrupt the Asylum Officer
++Give what kind of documents to the IJ? Objections to DHS
documents
++How to demonstrate harm, How to prove motive; How to avoid
inconsistencies
++How to frame a "particular social group"; Is client a member of
more than one particular social group?
++What if client has a bad memory and has a "flat" affect?
++DHS attorney and IJ relations
++How to make a record for the BIA


Don't wait to register, Tuesday, July 21st is the deadline. For
more info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/200918.shtm. Fax form:
http://www.ilw.com/seminars/200918.pdf.
_________________________________________________________________
3.  ARTICLES


(a) Comprehensive Immigration Reform: A Primer


Walter Ewing et. al of the Immigration Policy Center write "The
necessity of comprehensive immigration reform stems from years of
neglect and failure to respond to incompatible interactions
between different parts of the system, resulting in breakdowns
that have crippled our ability to regulate immigration
adequately, protect our borders, reunite families, and foster
economic opportunity."
http://www.ilw.com/articles/2009,0722-ewing.pdf
http://www.immigrationpolicy.org/


(b) Tax Traps - US Citizens And US Tax Resident Foreign Nationals
With Assets Abroad Foreign Bank Accounting Reporting Form TD F
90-22.1


George Hayduk writes "While the original target of this
legislation was wealthy US citizens hiding money offshore, the
rules now apply to all US "tax residents" which includes foreign
nationals on nonimmigrant visas, and US citizens and lawful
permanent residents residing here and abroad."
http://www.ilw.com/articles/2009,0722-hayduk.shtm
http://www.expattaxandlaw.com/about-tax.html


(c) Immigrants Of The Week: Shantanu Narayen, Diane Von
Furstenberg, and Gadi Amit


Greg Siskind celebrates the achievements of these select
immigrants.
http://www.ilw.com/articles/2009,0722-siskind.shtm
http://blogs.ilw.com/gregsiskind/


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


(a) USCIS Naturalizes First Soldier In Military Pilot Recruiting
Program


USCIS naturalized the first nonimmigrant to enlist in the
military under the Defense Department's Military Accessions Vital
to the National Interest (MAVNI) pilot recruiting program. For a
fact sheet on the program, see here.
http://www.ilw.com/immigdaily/news/2009,0722-mavni.pdf
http://www.ilw.com/immigdaily/news/2009,0722-mavni.shtm


(b) ICE Releases SEVP Information


ICE released a PowerPoint presentation on the Student Exchange
Visa Program and related QAs released at NAFSA's 2009 conference.
For the SEVP PowerPoint, see here.
http://www.ilw.com/immigdaily/news/2009,0722-sevp.pdf
For the preconference QAs, see here.
http://www.ilw.com/immigdaily/news/2009,0722-preconf.pdf
For the postconference QAs, see here.
http://www.ilw.com/immigdaily/news/2009,0722-postconf.pdf
http://www.ilw.com/immigdaily/news/2009,0722-SEVP.shtm


(c) ICE Releases Supplemental Cap Gap Fact Sheet


ICE released a fact sheet addressing two significant areas
related to the Student and Exchange Visitor Information System's
(SEVIS) functionality and interface with other government
systems.
http://www.ilw.com/immigdaily/news/2009,0722-capgap.pdf


(d) ICE Releases DMV Fact Sheet


ICE released a fact sheet intended to provide F, M or J
nonimmigrants and their respective school/program officials with
basic information on obtaining a driver's license or a state
identification (ID).
http://www.ilw.com/immigdaily/news/2009,0722-dmv.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys:  1)
Senior attorney with 3-7 years experience to manage own caseload
of employment-based immigrant and non-immigrant visa petitions
for a wide range of professionals, including research scientists,
artists/designers, athletes, IT professionals, etc, family-based
petitions, motions & EOIR matters. May also handle some
litigation matters. 2) Junior attorney with 1-3 years experience
to assist Senior attorney with business & family immigration
matters and handle personal injury/no fault and matrimonial
litigation.  This position requires admission to NY Bar;
admission to NJ Bar is a +. Both positions require great
initiative and follow-through, as well as excellent writing and
interpersonal skills.  Ideal candidates will have graduated in
the top 1/3 of their class and have Journal experience.  Salary
DOE. Please email cover letter and CV to
mailto:mcohen@cohenlawfirm.com.


(b) Help Wanted: Immigration Paralegals
Downtown Washington, DC (K Street area) - Fast-paced boutique
immigration law firm
http://www.immigrationgroup.com/
seeks legal assistants. 1-2 yrs exp req.d in business/family
immigration law.  Interesting work and clientele; no timesheets;
latest technology; competitive salary and benefits (401K, health
insurance, paid vacation, etc). Successful applicants will be
detail-oriented, able to handle volume, highly organized and
strong communicators.  Email resume, cover letter and salary reqs
to mailto:jobs@immigrationgroup.com. No calls please. EOE.


(c) Help Wanted: Immigration Attorney
Lincoln, Nebraska - USCIS Office of the Chief Counsel (OCC) seeks
an experienced attorney for the position of Service Center
Counsel at the Nebraska Service Center (NSC). Responsibilities
include, but are not limited to, serving as an attorney providing
legal advice to the NSC personnel on issues involving immigration
related adjudications, inadmissibility and deportability grounds,
and national security; writing visa appeal briefs and providing
litigation support to the U.S. Attorney's office on cases arising
from Service Center adjudications. J.D. degree, active bar
membership by the entry on duty date. For full details enter COU-
CIS-2009-0005 here.
http://jobsearch.usajobs.gov/
Applicants must submit (1) resume , (2) writing sample (10 pps.
max), (3) references to mailto:William.Craig@dhs.gov. All
submissions must be received by close of business on July 17,
2009. GS-13/15, position open until filled. No relocation
allowance offered.


(d) 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,
visit http://www.globalcurrentexchanges.org
or email Melany Hamner at
mailto:melanyh@globalcurrentexchanges.org.


(e) 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.
_________________________________________________________________
6.  Headlines


(a) Open America's Doors To More Immigration


The American story is the story of immigration. It defines this
nation. It was essential to our past success, and it will be
essential to our future success.


(b) Ex-Judge Collazo Busted For Immigration Fraud


Former Manhattan Civil Court Judge Salvador Collazo, now a Bronx
attorney, has been arrested on federal charges related to his
alleged involvement in a conspiracy to commit visa fraud and to
collect excessive fees in connection with immigration
applications.


(c) Feds Shift Gears On Illegal Immigration


The Department of Homeland Security is changing the way it
tackles illegal immigration, in many cases remaking or rescinding
Bush administration policies.


(d) Fool Proof Identification For Non-Citizens


The Mississippi governor said no administration in our government
has ever committed to finding those who break our laws by simply
over staying their welcome. Our Homeland Security Director said,
this would change that.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0722.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) Share Your Professional News
Send your professional announcement to: mailto:editor@ilw.com.
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.
_________________________________________________________________
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:
Z. Achurra's letter (07/21/09 ID) demonstrates why everyone
dealing with USCIS or US Department of State should engage the
services of  qualified and experienced immigration counsel.
Obviously, the I-130 was approved or it would not have found its
way to the Embassy for visa issuance. Ms. Achurra's letter fails
to mention if she submitted a US or a Filipino divorce decree, a
bogus Dominican Republic decree, or no decree at all. Sometimes
USCIS will miss a technicality like the bona fides of dissolution
of marriage. The Consulate always gets a "second bite at the
apple" when reviewing an application for visa issuance.
Consulates sometimes check with authorities to insure dissolution
documents are bona fide, or have complied with residency
requirements of the jurisdiction and other formalities of
dissolution of marriage. If  so, there is no basis for visa
denial. If, on the other hand, it is determined a marriage has
not been legally dissolved, that is grounds for visa denial. This
evidently occurred here. I wonder, did not Ms. Achurra know she
was not divorced? Or did she just fail to present proper
documentation? Either way, Ms. Achurra appears at fault and
therefore lacks standing to criticize the system. The letter
shows surprise that the Consul waited until the interview to
adjudicate the visa application. That is precisely the function
of the Consular interview - it doesn't happen late at night in a
Manila back alley. Consular Officers do not adjudicate I-130
cases based on photocopies of pre-submitted documents alone, as
does USCIS, rather through the more intensive interview process,
so it is no surprise denial occurred at the interview and not
before. A lawyer could have provided proper guidance and avoided
the disappointment and the time-wasting the letter seems to
disdain. Moral: get lawyer - get visa.
David D. Murray, Esq.  Newport Beach, CA


(b) Dear Editor:
The latest example of pretentious pseudo-scholarship from the
anti-immigrant Center for Immigration Studies revives the
discredited argument that America's environmental problems are
caused by too much immigration (see 07/21/09 ID). Aside from the
usual scare tactics about how immigration will allegedly lead to
runaway population growth, there is the standard attempt to blame
immigrants for policies over which they have no control - over-
development of real estate, strip malls, carbon emissions, etc.
These transparent attempts by the anti-immigrant lobby to
scapegoat immigrants for environmental problems are similar to
the attempts by far right wing immigrant-haters such as columnist
Michelle Malkin to blame immigrants for the economic meltdown.
Ms.Malkin's twisted theory was that some immigrants (along with
many millions of Americans) allowed themselves to be manipulated
into taking out subprime mortgages. But who originated these
shoddy, if not fraudulent, loans, as well as the many other
financial shenanigans that brought America's economy to its
knees? Bernardo Madoffernandez? Murillo Lynch? Los Hermanos
Lehman? Home-grown American Wall Street bankers did a fine job of
destroying the economy without any help from South of the Border.
And America is quite capable of devastating its own environment
without any assistance from foreigners, thank you. One has to ask
whether the "pollution" that the anti-immigrant think tanks would
like to do away with is environmental at all, rather than racial.
Making America green means stopping it from becoming too brown.
Or so one could conclude from this article.
Roger Algase, Esq.  New York, NY


(c) Dear Editor:
In response to Victor Johnstons letter (07/20/09 ID). He poses a
question to another writer as to what contribution the writer has
made to the US.  Well, the same question can be directed to the
letter writer, Mr Johnston. If "Dave" has been paying his taxes
regularly, had his own health insurance, and not committed any
crime and done time in prison on my tab, I would say he has made
a contribution to the USA, as have I and hopefully you.
Linda Cogill
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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