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Apr 23 - Erratum

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

April 23, 2009,0423.shtm

1.  Comment: Erratum
2.  Focus: Immigration Practice By Robert C. Divine
3.  Articles:
    (a) Five Questions To Ask During Your First Interview With An
    Asylum Applicant by David L. Cleveland
    (b) The American Dream by John E. Nestler for the Foundation
    For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) Langlois Memo On Asylum Applications Filed By
    Unaccompanied Alien Children
5.  Classifieds:
    (a) I9 Audit Services
    (b) Credential Evaluation
    (c) Website Services
6.  Headlines:
    (a) Rep. Honda: Diverse Voices Should Reform Immigration
    (b) Activists Claim Inhumane Treatment at Immigration
    Detention Centers
    (c) College Board Steps Into The Immigration Debate
    (d) Arena: The Year For Immigration Reform?
7.  ComingsNGoings:
    (a) Immigration Event - Colorado Springs, CO
8.  Letters From:
    (a) Charles Carlon
    (b) H. Glenn Fogle, Jr, Esq.
    (c) Maya
    (d) Michael O'Neill,0423.shtm

Books On Immigration Law:
Immigration Law Seminars:


Readers who tried to contact Attorney Barbara Brandes with their
INA 244(f)(4) issues should note that the email supplied
yesterday was incorrect (see 04/22/09 ID comment). Please send
correspondence to: Immigration Daily's
lonstanding policy is to correct any error of fact promptly and

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

Immigration Practice By Robert C. Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam
is an invaluable supplement to Kurzban's with a different
approach. It is also useful to newer practitioners and paralegals
in view of its easy to understand and practical style. For more
info, see here.
To order by fax, see here.

(a) Five Questions To Ask During Your First Interview With An
Asylum Applicant

David L. Cleveland writes "There is a school of thought which
says, "When the asylum applicant comes to your office, let him
talk at length about his problems.",0423-cleveland.shtm

(b) The American Dream

John E. Nestler for the Foundation For Economic Education writes
" At one time, people were proud to believe in it, Horatio Alger
was a national hero, Europeans dreamed of the day when they could
migrate to the land of opportunity.",0423-nestler.shtm

(c) Bloggings On Immigration Law And Policy

Greg Siskind writes "Fox News (not generally known for
sympathetic immigration coverage) reports on an Iraqi translator
who has received multiple commendations for taking risks to save
the lives of American soldiers.",0423-siskind.shtm

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

(a) Langlois Memo On Asylum Applications Filed By Unaccompanied
Alien Children

USCIS Asylum Division Chief Langlois released a memo on the
implementation of statutory change providing USCIS with initial
jurisdiction over asylum applications filed by unaccompanied
alien children.,0423-langlois.pdf

(a) I9 Audit Services
Do your clients need substantive due diligence for the employment
provisions of the INA? Omega Secure Solutions (OSS), Inc.
offers a cost effective option to review your client's I9s which
can help your law firm gain competitive advantage.  OSS has a
national workforce of retired immigration investigators.  All our
Associates have a minimum 25+ years as distinguished INS / ICE
senior special agents.  OSS provides a comprehensive plan to
demonstrate to the satisfaction of ICE that your business clients
are serious about complying with the INA so that devastating
adversarial action does not become a reality.  We understand the
law and the bureaucracy that administers that law. Omega ... the
last word in Homeland Security support. To learn more about our
services including HR training, employer-worksite compliance
programs, I-9 audits, all at competitive rates, contact Bob
McGraw, President, Omega Secure Solutions at or 410-263-9500.

(b) Credential Evaluation
Foreign credential evaluations. 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. 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 for my Chartered
Accountancy degree but I got an approval after your evaluation
and the professor's letter.  I am forever 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 Sheila Danzig
Director, Career Consultants International, TheDegreePeople,

(c) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.
6.  Headlines

(a) Rep. Honda: Diverse Voices Should Reform Immigration

Rep. Mike Honda is pushing the White House to include Asian
Pacific voices as the president prepares to unveil his
immigration reform agenda later this year.

(b) Activists Claim Inhumane Treatment at Immigration Detention

In an isolated corner of southwest Georgia, about 20,000 illegal
immigrants a year pass through one of the largest federal
immigration centers in the U.S., awaiting almost certain

(c) College Board Steps Into The Immigration Debate

Trustees of the association that administers the SAT vote to
support the Dream Act, which would offer some undocumented youths
a path to citizenship through college or the military.

(d) Arena: The Year For Immigration Reform?

No year is ever a good year to seek immigration reform.

For links to the above stories see here:,0423.shtm#Headlines
7.  ComingsNGoings

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

(a) Immigration Event - Colorado Springs, CO
May 20-22 - CLINIC's 12th Annual Convening 3-day conference will
offer workshops and plenary sessions on selected topics of
interest to immigration practitioners. Workshops are designed to
offer practical information and valuable practice pointers.
Workshop sessions: Naturalization, Asylum, Family-Based
Immigration, Consular Processing, T & U Visas, Program
Management, Religious Immigration, Immigration Law and Crimes and
many others. There will be sessions for practitioners of all
levels of experience on substantive immigration law topics. For
more info see:

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

(a) Dear Editor:
I was on TPS for three years. My tps status was valid thru May 5
2005 but my AOS was denied in April of the same year. I was put
in removal proceedings and I left the country in December 2005. I
have tried three times to send this information to the email
address supplied in ID's 04/22/09 comment but failed each time:
Charles Carlon

Editor's note: Please see above comment.

(b) Dear Editor:
The e-mail address ID published to forward examples of INA 244(f)
does not work (see 04/22/09 ID comment). Can you check to make
sure you published the correct e-mail address?
H. Glenn Fogle, Jr, Esq.                 Atlanta, GA

Editor's note: Please see above comment.

(c) Dear Editor:
There was an ad in ID's classifieds, April 20th for a
telecommuting paralegal position. I would like to apply for it
but when I went to ILW.COM today the ad was no longer listed.
Could you please send me the email address for the contact on
that ad. I would greatly appreciate this.

Editor's note: All our past issues are available in our archives.

(d) Dear Editor:
I invite Immigration Daily readers to to share information they
may have about local media - cable access, papers, radio, etc.-
advocating for immigrants rights  by programs, articles similar
to ID's "Immigrants Of The Week" introducing local immigrants on
local media?
Michael O'Neill
The first daily in the field of immigration. Forward this to a

Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X

An Important disclaimer! The information provided on this page is
not legal advice. Transmission of this information is not
intended to create, and receipt by you does not constitute, an
attorney-client relationship. Readers must not act upon any
information without first seeking advice from a qualified
attorney. Copyright 1999-2009 American Immigration LLC, ILW.COM.
Send correspondence and articles to Letters and
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  1. hiv travel restrictions-USA ('s Avatar
    Latest Updates

    Update: October 2008

    The Congressional entry restriction had been lifted, but that a second entry restriction remained - contained in administrative law (regulations) published by the United States Department of Health and Human Services (DHHS).

    There have been two developments since then:

    In the media it was mentioned a process announced by George W. Bush on World AIDS Day 2006 to extend the four categories under which an HIV entry waiver is easily available (business, medical treatment, conferences and visiting friends/family) to include a fifth streamlined category for pleasure travellers.

    A year and ten months later, DHHS finally announced this process has been completed and HIV-positive tourists can now access the streamlined process by contacting the US Embassy.

    For details, please visit:

    It was also reported it was likely the DHHS would remove the second entry restriction contained in regulations listing HIV as an 'inadmissible condition'. This has been confirmed by the Director of the Centres for Disease Control and Prevention, Dr Julie L. Gerberding, in a letter to the Washington Post on Mon 6 Oct 2008. However, just as changing the waiver process took about 22 months, it will take some time for the rule change to be drafted, published for public comment, and finalised.

    For a copy of the letter please visit:

    Update: August 2008

    In August, an Act of Congress containing a provision lifting the HIV entry restriction was passed by Congress and signed into law by the president. The provision was inserted by Democrat Senator Barbara Lee into a bill authorising continued American international aid for HIV prevention (including abstinence education) and treatment programmes in developing countries. This was a fairly clever move on Lee's part because the President was hardly going to veto (block) an Act providing funding for a programme he initiated himself.

    However it has since been discovered there is ANOTHER entry restriction, imposed by the US Department of Health and Human Services in administrative law, which has not been removed yet. There is reason to believe it may be removed soon, because the DHHS is also the home of the Centers for Disease Control, which has advocated strongly against the entry restriction, and also because the removal of the congressional entry restriction means the departmental restriction is no longer required by law.

    Continue to take care if you are travelling to the States!

    Special Waiver

    The United States of America is one of the countries that prohibit HIV-positive foreigners to enter its borders. HIV-positive people must request a ?special waiver? to be granted entrance to the US. This waiver, pictured above and referred to as ?Waiver of 212(A)(1)?, is stamped into an HIV-positive person?s passport as a permanent record of his or her HIV status.

    We believe that people living with HIV/AIDS have the right to full enjoyment of their human rights, including the right to privacy, confidentiality and protection from stigma and discrimination. Short-term travel policies of any country, in which disclosure of HIV status is required for prospective visitors, treat HIV-positive people seeking entry on short term visas differently on the basis of their HIV-positive status. These are not only discriminatory, but also contribute to fuelling national and international stigma against people living with HIV/AIDS.

    Traveling to the USA with HIV

    There are two things to be aware of if you are HIV+ and travelling to the USA:

    The law relating to visiting the country if you are HIV+ and
    How to enter the country legally

    The law relating to entering the USA if you are HIV+

    A detailed history of the bar on people with HIV entering the USA can be found by doing an internet search. However, in essence, this is what happened and where we are today, to the best of our knowledge and from feedback we have received from our clients:

    The USA, along with other countries, has restrictions on the entry to the country if you are HIV+.

    In 1987, because of the widespread fear of HIV, the Department of Health and Human Services (HHS) introduced an administrative policy restricting entry to the USA. However, in 1991 they reversed their position and they tried to reverse the policy.

    Even though two Adminstrations (one Republical, the other Democrat) attempted to reverse the policy, Congress turned the policy into law in 1993.

    On December 1, 2006, President Bush announced that his administration would create a ?categorical? waiver to the HIV bar.

    Whilst the letter of the law still bars people who are HIV+ from entering the USA, there are situations when that bar can be waived. For example, if someone is travelling to the USA to attend a conference or if they can show that their HIV is "controlled", and that they will not be risk to public funds because they have HIV inclusive travel insurance (such as ours).

    We have had several reports from clients who have applied for a visa, disclosing their HIV status and they have been granted. One was for 3 years, one for 5 and another for one year with a maximum stay of 31 days per trip for holiday purposes.

    Entering the country legally

    Visitors to the USA enter either using the visa waiver system or by having a visa.

    The law says that if you are HIV+ (and therefore deemed to have a "communicable disease") you are not entitled to enter the country under the visa waiver system. You must hold a visa, with the HIV bar being waiverd, to enter the country legally.

    Immigration officers (we are told) have an element of discretion. This can work against you as well as for you!

    If you happen to be spot checked and you are carrying HIV medication, you could be refused entry to the USA and sent home. Please note that you would be deemed as not having obeyed the laws of the country and your travel insurance policy will not cover you for additional air fares.

    Some people post medication ahead to friends. However, if this is intercepted by US customs, the people receiving the medication could be breaking the law and be penalised. This could well result in you not being allowed to enter the US in the future.

    If you are not carrying medication and you are spot checked, there is obvioualy less risk that it will be discovered that you are HIV+. However, you are still breaking the law by attempting to enter under the visa waiver system.

    The only legal way to enter the USA is by obtaining a visa that has the HIV bar waived.

    Immigration border agents are not supposed to make medical determinations and a noncitizen's own admission to having HIV is not sufficient proof to deny entry. The noncitizen should be paroled in for deferred inspection for admission and undergo an HIV antibody test administered by a doctor of the Public Health Service (a doctor approved by immigration.) The doctor will notify immigration of the HIV test results. DHS may detain (jail) the noncitizen during this process or give them an appointment to return.

    If a noncitizen is eligible to apply for a waiver, he or she may ask immigration for the waiver. If the noncitizen is not eligible or is later denied a waiver by immigration, he or she will then go before an immigration judge.

    Because of the 1996 laws reforming many immigration procedures, DHS officers now may "summarily remove" certain noncitizens entering the United States, without a hearing with an immigration judge. This procedure is called "expedited removal" and applies to those trying to enter the United States with false or no immigration documents. It does NOT apply to HIV positive noncitizens with valid visas or to lawful permanent residents. Thus a non-immigrant or visitor with valid entry documents should not be subject to summary removal. Any noncitizen wishing to challenge their expedited removal by DHS should insist on a hearing with an immigration judge. Otherwise, a DHS agent may try to convince the noncitizen to leave the United States on the next plane or bus.

    Tips for Travelers
    Finding HIV-related medicine or literature about AIDS in a noncitizen's bag may lead a DHS officer to ask a traveler questions about HIV. For this reason, visitors (non-immigrants) should try not to carry their HIV medicine or literature about AIDS in their luggage when they come into the United States. Other noncitizens with HIV who are leaving the US should consider bringing only the amount of medicine they will need for their trip and plan to get new medicine when they return. It is important that ALL travelers know their rights.

    If a DHS agent stops and questions a visitor (non-immigrant) with HIV, the visitor should ask for the HIV waiver for visitors. This is different than the waiver for noncitizens intending to stay in the United States (immigrants).
    If a DHS agent won't grant the waiver, the visitor should ask for a hearing before an immigration judge.
    If a DHS agent stops and questions a lawful permanent resident, the lawful permanent resident should demand to call his or her lawyer. If the agent arrests him or her, he or she should insist on a hearing with an immigration judge.
    If a DHS officer decides any noncitizen traveler is HIV positive, the noncitizen should talk to a lawyer before answering any of the DHS officer's questions. Otherwise, what the noncitizen says can be used against him or her in an immigration hearing. DHS agents are not required to inform an individual of their rights until after their arrest and placement in formal proceedings. Therefore, there are numerous cases where immigrants are not informed of their rights while in DHS custody.
    Noncitizens stopped by DHS may wish to assert their right to be paroled into the United States for "deferred inspection," since only immigration-approved doctors, not immigration agents, can make a medical determination of inadmissibility. A noncitizen's admission to having HIV is not sufficient proof to keep him or her out. DHS may decide to detain (jail) the noncitizen during this process, however, or release them with an appointment to return.
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