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Jun 29 - CIR Map

Rating: 4 votes, 5.00 average.

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


June 29, 2009


http://www.ilw.com/immigdaily/digest/2009,0629.shtm


Items:
1.  Comment: CIR Map
2.  Focus: Inventory Closeout For Removal Book
3.  Articles:
    (a) Bloggings On The H-1B Visa by Anthony F. Siliato and
    Scott R. Malyk
    (b) Bloggings on Dysfunctional Government by Angelo A.
    Paparelli
4.  News:
    (a) DOJ Announces 3 Attorneys Convicted Of Asylum Fraud
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Attorney
    (c) Help Wanted: Immigration Paralegal
    (d) Case Management Technology
    (e) Credential Evaluation
    (f) Expert Witness Services
6.  Headlines:
    (a) Republicans Focus on Guest Workers in Immigration Debate
    (b) An Immigration Compromise?
    (c) Fairness Sought In Immigration Debate
    (d) Obama Should Not Pursue Immigration Reform This Year
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) Robert Yang
    (c) Brad Botwin


http://www.ilw.com/immigdaily/digest/2009,0629.shtm


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


CIR Map


With President Obama affirming his support for CIR at a meeting
with a bipartisan, bicameral group of legislators at the White
House yesterday, here's our look at the map of the legislative
landscape ahead, from now to the statute.


The primary question is House-first, or Senate-first? The general
rule that the Democratic leadership appears to be following for
all major legislation is to go Senate first, partly because
Senate cloture votes are the hardest legislative votes to win,
and also because there is a better chance of getting bills to
skew in a more liberal direction if the more liberal chamber (the
House) were to go last. However, as we see with the Climate
Change bill, Speaker Pelosi is willing to go House first where
issues she deems of importance are involved.


The main reason given by the House Democratic leadership for
moving Senate-first on immigration is that an immigration
benefits bill would involve the loss of so many "Blue Dog"
Democrats as to be a lost cause on the House floor. We don't buy
this line of argument. As we see it, Speaker Pelosi and her team
have sufficient votes to move pretty much any bill she wants on
pretty much any subject. However, her power is not unlimited, and
she must prioritize her battles. Which she has. On her priority
list, climate change, health care reform and the budget are ahead
of immigration. The House Democratic leadership will arm-twist
Blue Dogs, rural Dems, conservative Dems, and every other species
of Democrat on those three issues to get the votes needed.
However, immigrants must wait their turn in line (if any
political capital remains at that point to strong-arm
recalcitrant Democrats).


All of the above is to some degree academic now, since pretty
much the entire Democratic leadership in both chambers have come
out solidly for CIR in the last few days. Leaders of both
chambers have strongly suggested that they have the votes, and,
given sufficient Presidential prodding, will make the time, for
CIR. Unlike the other "Top Three" priorities, immigration reform
is only controversial, not complicated. Climate change, health
care reform and the President's budget are both controversial AND
complicated, needing oodles more time from legislators.


The only fly in the ointment at this stage is Rahm Emmanuel, the
wet-hen-in-chief, who is still suggesting that the votes for CIR
are not there. Well, without the White House's active help, the
votes will not be there. Just as the President is on the phone
with lawmakers for climate change, just as he is holding townhall
meeting after townhall meeting for healthcare, he will have to
take to the airwaves for immigration too. It is, after all, on
his agenda, and will be, as he well knows, for his political
interests. CIR also happens to be terrific for the country, by
the by.


We believe that we will see the Senate-first approach for
immigration. We also believe that considerable horse-trading will
be necessary to secure the votes needed. The results are likely
to be something that, on first glance, will appear ugly to most.
The true beauty of the new statute will only reveal itself over
time, and perhaps the first to see it will be the bar, albeit
even this will have to await enactment. We encourage the
immigration bar to get behind those working in the trenches on
CIR, and urge them god speed.


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


Inventory Closeout For Removal Book


Relief From Removal: A Definitive Manual For Winning Cases by
Jill Sheldon of CLINIC is now available for an attractive
Inventory Closeout price, only $99 including taxes and shipping
and handling. This book features:
++Chapter 1:  Removal proceedings
++Chapter 2:  Grounds of deportability
++Chapter 3:  Grounds of inadmissibility
++Chapter 4:  Contesting removability
++Chapter 5:  Adjustment of status
++Chapter 6:  Waivers of inadmissibility and deportability in
Removal proceedings
++Chapter 7:  Section 212(c) and Cancellation of Removal for
lawful Permanent Residents
++Chapter 8:  Cancellation and Suspension for Non-Permanent
Resident Aliens
++Chapter 9:  Asylum, Withholding of Removal and protection under
the Convention Against Torture
++Chapter 10: Voluntary departure
++Chapter 11: Naturalization as a defense to Removal
++Chapter 12: Administrative review of Removal Orders
++Chapter 13: Judicial review of Removal Orders
++CD-ROM has 600+ important documents including: key BIA &
Federal cases, selected USCIS/ICE memos and DOS cables, forms
from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42
CFR, significant statutory provisions from the INA, 18 USC & 28
USC, Links to informative internet resources, etc


For more info on this book, and to order, see here (
http://www.ilw.com/store/ReliefFromRemoval-closeoutsale.shtm
fax version, see here.
http://www.ilw.com/store/ReliefFromRemoval.pdf
_________________________________________________________________
3.  ARTICLES


(a) Bloggings On The H-1B Visa


Anthony F. Siliato and Scott R. Malyk write "What is needed is
recognition not only by Secretary Clinton but, more importantly,
by members of Congress that the reason the H-1B cap has not yet
been reached is a direct result of market conditions."
http://www.ilw.com/articles/2009,0629-siliato.shtm
http://www.corporateimmigrationlaw.com/


(b) Bloggings on Dysfunctional Government


Angelo A. Paparelli writes "Have companies and families all of a
sudden become less qualified en masse for immigration benefits
than in prior years?"
http://www.ilw.com/articles/2009,0629-paparelli.shtm
http://www.seyfarth.com/


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


(a) DOJ Announces 3 Attorneys Convicted Of Asylum Fraud


Acting US Attorney Lawrence G. Brown announced that a federal
jury returned verdicts today convicting three attorneys and two
interpreters of a long-running scheme to defraud the INS and its
successor agency, CIS, by filing hundreds of false asylum claims
from early 2000 through late 2004.
http://www.ilw.com/immigdaily/news/2009,0629-brown.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Attorneys
The Murthy Law Firm is seeking immigration attorneys with at
least three years of experience in business immigration law, with
or without litigation experience. Our practice is dynamic and
fast-paced. We have high standards with regard to integrity, work
ethic, and quality. Successful candidates will have the ability
to work both as members of a team and as team leaders. They will
join over a dozen high-caliber colleagues and have quality
support in the way of legal and administrative staff, as well as
technology. They will bring in-depth understanding and knowledge
of the breadth of immigration procedures, and are expected to
supervise paralegals and support staff. Good writing and
analytical skills are required, as well as experience dealing
with complex immigration law cases. Litigation experience a plus.
Interested candidates may visit www.murthy.com/jobs.html
http://www.murthy.com/jobs.html
for details regarding the unique benefits of working at the
Murthy Law Firm. Resume + cover letter should be forwarded to
mailto:hr@murthy.com. All communication will be treated in
confidence. Salary and benefits are commensurate with experience
and abilities. We are an equal opportunity employer. Final
interviews of candidates are at our office in Owings Mills, MD, a
few minutes from downtown Baltimore, Maryland.


(b) Help Wanted: Immigration Attorney
Small immigration law firm in Northern Virginia seeks associate
with 2+ years of experience in litigation before administrative
tribunals. Good writing skills. Send resume at
mailto:mlfernandez@mslaw.pro. Must be fluent in Korean. Salary
commensurate to experience. Good benefits.


(c) Help Wanted: Immigration Paralegal
Small immigration law firm in Northern Virginia seeks immigration
legal assistant with 2+ years of experience in business
immigration law. Send resume at mailto:mlfernandez@mslaw.pro.
Must be fluent in Korean. Salary commensurate to experience. Good
benefits.


(d) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, ImmigrationTracker
http://www.immigrationtracker.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@immigrationtracker.com.


(e) Credential Evaluation
Foreign credential evaluations. Specializing in difficult cases.
Excellent approval rates after Denials and RFE's. 1.800.771.4723
No charge detailed analysis of RFE's, Denials, and NOIDs, as well
as 3 year degrees, AMIETE, Chartered Accountancy, ICAI, ICWAI, or
any difficult education evaluations. All 3-year degrees are at
risk.http://www.cciFree.com. For no charge 48 hour analysis, our
clients say it best:  "... At last we succeeded. My I140 was
approved today. I really appreciate you on this. Your evaluation
did magic (3 year degree, EB2)" .... "I gave up after the denial
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grateful ..." "Everyone said I could not get the EB2 approval
with a 3 year degree after getting denied. But I did. You did.
You gave my attorney excellent information and we were approved."
See our case studies at
http://www.thedegreepeople.com/case-studies/. Sheila Danzig
Director, Career Consultants International, TheDegreePeople,
1.800.771.4723.


(f) Expert Witness Services
Muslim World Expert
http://www.muslimworldexpert.com
Dr. Shaul M. Gabbay is pleased to offer expert testimony on
immigrants from Muslim countries/societies, including the former
Soviet Union (USSR). I have testified in 150+ Immigration Court
cases nationwide (asylum, cancellation of removal) and to USCIS
(asylum interviews, hardship waivers) with very high success
rates. For more info, including detailed biography + testimonials
from lawyers who have worked with me in the past, see:
http://www.muslimworldexpert.com
Please contact me with any additional questions: Dr. Shaul M.
Gabbay, Muslim World Expert, Josef Korbel School of
International Studies, University of Denver, Denver, Colorado,
mailto:sgabbay@du.edu, (303) 871-2560. For countries outside of
my expertise, I may be able to recommend an expert in that area.
_________________________________________________________________
6.  Headlines


(a) Republicans Focus on Guest Workers in Immigration Debate


President Obama told a bipartisan group of lawmakers on Thursday
that Congress should begin debating a comprehensive immigration
plan by year's end or early next year ...


(b) An Immigration Compromise?


The economic crisis seems to have pushed the immigration debate
to the wayside--even though lifting restrictions on foreign
workers could arguably be a big stimulus in itself.


(c) Fairness Sought In Immigration Debate


As President Barack Obama and lawmakers in Washington began the
discussion on immigration reform Thursday, Greensboro faith
leaders also gathered to urge fairness and a humane approach.


(d) Obama Should Not Pursue Immigration Reform This Year


America needs to reform its immigration policies. But not this
year.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0629.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
Lawscribe invites you to register for a free 1 hour MCLE Ethics
webinar: "Legal Outsourcing, The Ethical Implications", July 15,
2009 11:00-12:00 PM PDT. Join us for a Webinar on July 15. Space
is limited. Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/853484409.
_________________________________________________________________
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 do not intend to engage in any further argument with Honza
Prchal's letters. Reasonable people can respectfully disagree
over what measures are best in order to combat discrimination,
which both of our letters obviously regard as evil. However,
since Mr. Prchal's letter mentions the American consulate in Sao
Paulo, I will relate an experience I had with that post only
three or four years ago. My client had been easily approved for
H-1B classification by USCIS and was expecting routine approval
for his visa in Sao Paulo. There was no question of any issue
arising that could have disqualified him for an H-1B visa.
Nevertheless, at his interview, he was told that his visa would
be denied for lack of evidence of "non-immigrant intent", i. e.
intention to return ultimately to Brazil. As every US consular
officer and immigration lawyer knows, ''non-immigrant intent" is
not required for an H-1B visa. When I contacted the consulate,
they denied that anyone has said this to the client, and blamed
the "misunderstanding" on his English, which he spoke fluently,
Still, the visa was not issued. Finally, an American executive
from the sponsor, who was a native English speaker, made the trip
to Sao Paulo to stop by the consulate to find out what was going
on. When he arrived, the officer in charge asked him why his
company had hired a foreigner instead of an American, even though
the company was under no legal obligation to offer the position
to an American. Eventually, after many phone calls and
intervention from Washington, the visa was issued, but it is hard
to imagine how the parties involved could have received worse
treatment even in Guangzhou. Is it asking too much for consular
officers, wherever they are, simply to follow the law, which is
already complex and restrictive enough?
Roger Algase, Esq. New York, NY


(b) Dear Editor:
The temporary worker red card solution won't work and can be used
to virtually enslave foreign workers by confining them at
specific employers who can abuse and underpay them. The most
sensible immigration reform is by abolishing all family
immigration and change it into merits and skills based system
altogether. We can't continue to accept elderly, sick, disabled,
uneducated and non English speaking relatives of US citizens or
residents for the sake that they have familial ties with their
Americans' sponsors. They will like to come here to collect
public welfare and become public burden. Foreign parents of US
citizens or residents can be sponsored for long term temporary
resident visas instead renewable each year as long as the
sponsors can show the proof the government their parents have
current medical insurance and willing to pay their living
expenses without taking up any employments. Siblings of US
citizens should apply based on their merits. And we must make
sure that all immigrants are English proficient, of good moral
characters, self sufficient and educated, in their productive age
and have jobs offered in the US or have means to self support
themselves by showing any willing sponsors or personal emergency
funds and most importantly they should accept our concept of
democracy, equal rights and separation of religion and state. If
they want and dream to establish mini theocracy here, they should
stay home then for good, because we already have enough
extremists, bigots and fanatics of our own.
Robert Yang


(c) Dear Editor:
I think the 500 students should be pleased they were allowed to
attend public schools in the US (see 06/25/09 ID comment). And no
one is calling for a ban on their attendance in college. That
being said, in-state tuition rates must be reserved for the
children of citizens only. Students with no legal presence in the
US, along with students from other states, should pay out of
state rates.
Brad Botwin   Maryland
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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