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Apr 22 - USCIS Requests INA 244 f 4 Feedback

Rating: 71 votes, 5.00 average.

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

April 22, 2009,0422.shtm

1.  Comment: USCIS Requests INA 244 f 4 Feedback
2.  Focus: Relief From Removal: A Definitive Manual For Winning
3.  Articles:
    (a) Flexibility Is The Key In Immigration Reform by Paul
    (b) Attorney Marketing: How To Prevent Problems With Returned
    Phone Calls by Trey Ryder
    (c) Immigrants Of The Week: John MacDougall, Sunil Gulati,
    and Gaby Moreno by Greg Siskind
4.  News:
    (a) USCIS Issues Latest FY 2010 H1B Update
    (b) Neufeld Provides Guidance On N-400s When Applicant Fails
    to Respond To A Request For Evidence Or For Appearance
    (c) DOL Issues H-2B Final Rule FAQs Round 1
5.  Classifieds:
    (a) Expert Witness Services
    (b) Case Management Technology
6.  Headlines:
    (a) Local ACLU Decries Megahed's Immigration Arrest
    (b) Visa Rules Widen The Rift Between Vietnam And U.S.
    (c) Latinos Debate Whether Immigration Reform Rallies Are
    Wise Right Now
    (d) [Texas] House Again Avoids Immigration Clash
7.  ComingsNGoings:
    (a) Immigration Event - Arlington, VA
8.  Letters From:
    (a) Robert J. Grenier, Esq.
    (b) Honza Prchal, Esq.
    (c) Dianne Aid
    (d) Robert Yang
    (e) M. Jacobs,0422.shtm

Books On Immigration Law:
Immigration Law Seminars:

USCIS Requests INA 244 f 4 Feedback

We received an email from an immigration lawyer who has been
corresponding with USCIS regarding inconsistent interpretation of
INA 244(f)(4). USCIS has asked her to compile and send
information regarding this matter to USCIS. The issue involves
the interpretation of INA 244(f)(4) which states "that during the
period in which an alien is in valid TPS status, they are
considered as being in and maintaining a valid nonimmigrant
status for 245 adjustment of status or 248 change of status." We
understand that USCIS will amend regulations and/or issue
memoranda providing clarification on the matter based upon
feedback received from the immigration community.

Specific information including names, A#'s, and case status
information on individuals who are in or have been in TPS status
who are either EWI or subject to final orders who were either
denied adjustment of status or would be eligible for adjustment
of status if they would be considered as being in and maintaining
a valid nonimmigrant status is requested. Immigration Daily
readers are invited to write directly to
with their response.

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

Relief From Removal: A Definitive Manual For Winning Cases

The following is the table of contents for this definitive work: 

++Chapters: Removal proceedings; Grounds of deportability;
Grounds of inadmissibility; Contesting removability; Adjustment
of status; Waivers of inadmissibility and deportability in
Removal proceedings; Section 212(c) and Cancellation of Removal
for Lawful Permanent Residents; Cancellation and Suspension for
Non-Permanent Resident Aliens; Asylum, Withholding of Removal
and protection under the Convention Against Torture; Voluntary
departure; Naturalization as a defense to Removal;
Administrative review of Removal Orders; Judicial review of
Removal Orders 

++23 Appendices include: Sample cover letter and instructions
for requesting a FBI criminal record check; Sample Motion to
Suppress; Sample Motion to Dismiss; Sample Brief in Support of
Motion to Terminate Removal Proceedings; Sample Motion to
Terminate to Proceed on an Application for Naturalization 
Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a
decision of an Immigration Judge; Sample Motion for Extension
of Time to File Brief to BIA 

++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. 

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(a) Flexibility Is The Key In Immigration Reform

Paul Herzog writes "But immigration reform is a necessity,
because immigrants have played a key role both socially, since so
many American families have immigrant members, and in driving the
growth of America's leading industries, such as high-tech.",0422-herzog.shtm,0422-herzog.shtm#bio

(b) Attorney Marketing: How To Prevent Problems With Returned
Phone Calls

Trey Ryder writes "If you're responsible for marketing legal
services, make sure your lawyers return calls promptly.",0422-ryder.shtm

(c) Immigrants Of The Week: John MacDougall, Sunil Gulati, and
Gaby Moreno

Greg Siskind celebrates the achievements of these select

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

(a) USCIS Issues Latest FY 2010 H1B Update

USCIS announced an updated number of filings for H-1B petitions
for the fiscal year 2010 program.,0422-H1B.pdf

(b) Neufeld Provides Guidance On N-400s When Applicant Fails to
Respond To A Request For Evidence Or For Appearance

USCIS Acting Associate Director Neufeld released a memorandum
providing guidance on adjudicating Form N-400s, Application for
Naturalization, filed by applicants seeking naturalization under
section 328 or 329 of the Immigration and Nationality Act (INA)
who fail to appear for their naturalization interview or fail to
respond to a request for evidence.,0422-neufeld.pdf

(c) DOL Issues H-2B Final Rule FAQs Round 1

The Department of Labor issued a FAQs on the H-2B final rule
effective January 18, 2009.,0422-H2B.pdf

(a) Expert Witness Services
Muslim World Expert
Dr. Shaul M. Gabbay is pleased to offer expert testimony on
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rates. For more info, including detailed biography + testimonials
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Please contact me with any additional questions: Dr. Shaul M.
Gabbay, Muslim World Expert, Josef Korbel School of
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my expertise, I may be able to recommend an expert in that area.

(b) Case Management Technology
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6.  Headlines

(a) Local ACLU Decries Megahed's Immigration Arrest

The American Civil Liberties Union of Florida today joined the
chorus of activists protesting the immigration arrest of Youssef
Megahed three days after a federal jury acquitted him of
explosives charges.

(b) Visa Rules Widen The Rift Between Vietnam And U.S. Families

The plight is not a new one for families split between two
countries, but increasingly it is becoming an issue among
Vietnamese as the refugees who fled to the United States at the
end of the Vietnam War grow old.

(c) Latinos Debate Whether Immigration Reform Rallies Are Wise
Right Now

Energized by a renewed prospect of success, Latinos in Dane
County, [Madison WI] and across the country are planning to go to
the streets again on May 1 to hold President Barack Obama to his
assurances that immigration reform is on the way.

(d) [Texas] House Again Avoids Immigration Clash

Texas Rep. Leo Berman, R-Tyler, today tried to make sure only
groceries owned by U.S. citizens are eligible for a bill's
proposed incentives for grocers in low-income neighborhoods to
stock more fresh produce.

For links to the above stories see here:,0422.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 - Arlington, VA
2009 ACIP Annual Symposium: June 15-18, 2009, Arlington, VA - For
thirty-five years, the American Council on International
Personnel's Symposium has been the most highly respected annual
meeting devoted exclusively to employment-based immigration. We
bring in-house immigration professionals from universities and
research institutions, non-profits, and multinational
corporations together with U.S. government representatives and
legal experts. This year's Symposium "Changing Times, Changing
Strategies" will help you: strategize and network in an uncertain
economy, meet new leaders of Federal Agencies & Congress, develop
airtight compliance measures, and refine your global mobility
management models. ILW.COM is
pleased to be an event media sponsor.

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

(a) Dear Editor:
Surely, there was more than one patriot. Therefore, the correct
punctuation is Patriots' Day (04/21/09 ID comment).
Robert J. Grenier, Esq.  Burlington, VT

Editor's note: Thank you for pointing out our typo.

(b) Dear Editor:
Sid Lachter's letter's rebuttal (04/17/09 ID) to the argument
that "politicians want the illegal aliens here for votes." is
correct, up to a point. Only citizens can vote (at least if
voting laws are enforced). However, everyone is counted in the
census for purposes of drawing up Congressional districts. Mr.
Sheplov's letter overlooks the same detail. One need only look to
the election that unseated controversial Representative Robert
"B-1 Bob" Dornan to see both the issues of enforcing voting laws
and the rotten borough nature of districts especially heavy in
non-citizen residents - in one case working for Bob's argument
that he wuz robbed, and in the other taking away from his
argument that he held a particularly legitimate seat in the first
place. I suspect Messrs Yang and Murray both get it, even if they
don't approach it from the same place I do.
Honza Prchal, Esq.   Birmingham, AL

(c) Dear Editor:
I am an immigrant rights activist and member of a sanctuary
congregation.  One of the things I am seeing more often is U.S.
citizen children abandoned because their parents have been
deported and for a variety of reasons children are remaining in
the U.S. There are also un-documented children who are abandonded
who fall through the cracks, and teenagers are not willing to
talk with social workers. We say the "future is in our youth",
what kind of a generation are we fostering? We desparatly need
comprehensive humane immigration reform to protect workers, to
create a system of integrity, and to protect our children.
Dianne Aid   Kent, WA

(d) Dear Editor:
Nativists love to falsely accuse illegal immigrants abusing
welfare system, the question is how comes the no papers people
can abuse a system that demands us to show our papers before
collecting welfare? If Nativists argue that these illegal
immigrants will be legalized then being able to collect welfare
checks later as legal immigrants and US citizens, then blame the
stupid and reckless welfare state for all policies then. How
comes Social Security can provide benefits tho our senior
citizens today who never contributed SS tax since its inception
during their younger years? And how comes our politicians could
vote to give our and our future generation tax dollars to the
banks and Wall St. corporations that have made risky and stupid
business decisions and lost money but when they make obscene
profits they never share that profits with us the tax payers who
are bailing them out now? Many conservatives and nativists will
likely to flood their representatives with faxes, e-mails, mails
and phone calls on a NO to  "immigration amnesty again" issue,
but there are much bigger and outrageous issues that should
concern them most, which is business as usual in Washington that
must stop. They must learn how to balance the check book and
watch the wallet, stop waging wars for profits of the view
elites, stop manipulating and debasing our currency and savings
by printing more paper money to indulge their "shopping and
spending" addiction. The government must be honest and
transparent about Social Security, Medicare and Defense
spendings, how much we do have and can afford and abolish those
unfunded mandates that burden the future generation with sky high
debt and we shouldn't blame illegal immigrants for all these
country illnesses.
Robert Yang

(e) Dear Editor:
A couple of responses appearing in the April 17, 2009 ID issue
indicated that only citizens can vote in U.S. elections and
illegal aliens can't. I think those writers meant to say that
only citizens can vote legally and illegal aliens can only vote
illegally.  It's sort of like illegal aliens can't work in the
U.S., but millions do.  I don't believe that millions of illegal
aliens are voting in U.S. elections, but some clearly do.
M. Jacobs
The first daily in the field of immigration. Forward this to a

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

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