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Apr 14 - Widow Penalty

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


April 14, 2009


http://www.ilw.com/immigdaily/digest/2009,0414.shtm


Items:
1.  Comment: Widow Penalty
2.  Focus: Family-Based Immigration: Nuts And Bolts
3.  Articles:
    (a) Open Season For New H-1Bs by Alan Lee, Esq.
    (b) America's Loss Is The World's Gain: America's Newest
    Immigrant Entrepreneurs by Vivek Wadhwa et. al for the
    Kauffman Foundation
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) DHHS On Age Determinations Of Aliens In Custody
    (b) DOL Announces New iCERT System
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Immigration Law Certificate
    (c) Expert Witness Services
    (d) J-1 Visa Program
6.  Headlines:
    (a) Immigration Reform On Obama's List
    (b) U.S. Citizens Have Been Accidentally Caught Up In
    Immigration Crackdown, AP Says
    (c) A Poor Excuse
    (d) Tancredo At UNC For Illegal Immigration Talk
7.  ComingsNGoings:
    (a) Immigration Event - Washington DC
8.  Letters From:
    (a) David D. Murray, Esq.
    (b) Alma


http://www.ilw.com/immigdaily/digest/2009,0414.shtm


|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
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_________________________________________________________________
1.  COMMENT


Widow Penalty


A Miami Herald editorial says "Of the many ways that U.S.
immigration law is unfair to foreigners who are trying to become
citizens, the "widow's penalty" is among the most cruel." For the
full editorial, see here.
http://www.modbee.com/opinion/national/story/664597.html


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


Family-Based Immigration: Nuts And Bolts


Our new book, Family-Based Immigration: Nuts & Bolts; Editor:
Charles Wheeler of the Catholic Legal Immigration Network, Inc.
(CLINIC) features:


++ Chapters: Immediate Relatives And The Preference System,
Overview Of The Application Process For Permanent Residence,
Adjustment Of Status, Consular Processing, Immigrating Through
Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility,
Affidavit Of Support, Self-Petitions For Abused Spouses And
Children, & Ethics


++ 35 Appendices include: Sample Request For Criminal History,
Documenting I-130 Petitions, Sample Motion To Reinstate I-130,
Consular Processing Instruction Package, Consular Processing
Appointment Package, Suggested Evidence Of Bona Fide Marriage,
I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions),
I-601 Waiver Packet Based On INA 212(i) (Fraud Or
Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9)
(B)(v) (Unlawful Presence), & I-212, Request For Permission To
Reapply For Admission After Deportation


++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22
CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant
statutory provisions, key BIA & Federal cases, selected USCIS
memos, public health service documents, etc.


For more info on Family-Based Immigration: Nuts & Bolts, and to
order, http://www.ilw.com/store/familybasedimmigration.shtm. For
the fax order form,
http://www.ilw.com/store/familybasedimmigration.pdf.
_________________________________________________________________
3.  ARTICLES


(a) Open Season For New H-1Bs


Alan Lee, Esq. writes "Looking at the news from U.S.C.I.S. during
the past few days on its receipt of FY-2010 H-1B petition
filings, it appears that H-1B season is open again and that the
cap will not be filled for the approximate 85,000 visa slots for
at least a month."
http://www.ilw.com/articles/2009,0414-lee.shtm
http://www.alanleelaw.com/english/profile.htm


(b) America's Loss Is The World's Gain: America's Newest
Immigrant Entrepreneurs


Vivek Wadhwa et. al for the Kauffman Foundation write "We find
that, though restrictive immigration policies caused some
returnees to depart the US, the
most significant factors in the decision to return home were
career opportunities, family ties, and quality of life.
http://www.ilw.com/articles/2009,0414-wadhwa.pdf
http://www.kauffman.org


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "[E]mployers must be sure that second
preference applications fall within the general guidelines of the DOL."
http://www.ilw.com/articles/2009,0414-stewart.shtm
http://blogs.ilw.com/joelstewart/


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


(a) DHHS On Age Determinations Of Aliens In Custody


The US Department of Health and Human Services Office of Refugee
Resettlement issued instructions on how to determine the age of
aliens in the custody of HHS and DHS.
http://www.ilw.com/immigdaily/news/2009,0414-age.pdf


(b) DOL Announces New iCERT System


The Office of Foreign Labor Certification announced the
implementation of a new one-stop visa portal system.
http://www.ilw.com/immigdaily/news/2009,0414-icert.shtm
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal
who desires to work from home, part-time.  We specialize in O-1
and EB-1A in the arts and entertainment, with a selection of H-1,
L-1 and family cases. The ideal candidate will: 1) have
experience in our practice area, 2) have an interest and talent
for organizing, excerpting and summarizing evidence in a lengthy
submission letter (for O-1 and EB-1 cases), 3) be self-
motivating, and will 4) work efficiently, timely and in an
organized fashion.  We communicate via emails and couriers. The
candidate will augment our current team of telecommuting
paralegals. We project 5-15 cases per month.  The candidate must
have necessary computer equipment, software and skills for this
position.  We pay by the hour or per case. Please forward
detailed resume, writing sample for EB-1A case, and two
references to: mailto:777lawyernyc@gmail.com.


(b) Immigration Law Certificate
Master the complex and ever changing maze of immigration policies
and regulations with the Immigration Law Studies Certificate
Program offered by CUNY's School of Professional Studies. This
graduate-level certificate program, consisting of (3) three-
credit classes, offers students who complete it a comprehensive
understanding of the laws, regulations, and processes surrounding
the status of immigrants in the US, including family and
employment-based immigration and deportation defense. It is
designed for individuals working in law firms, companies,
government agencies and nonprofit organizations where they
interact with immigrants and immigrant legal concerns on a
regular basis and would therefore benefit from greater knowledge
of the laws and regulations surrounding immigration. Beginning
this spring, the program is also being offered online. For more
information on class schedules, tuition and fees, course
applications and to register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP


(c) 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:
www.muslimworldexpert.com.
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.


(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.
_________________________________________________________________
6.  Headlines


(a) Immigration Reform On Obama's List


The decision to tackle immigration reform this year could be a
smart move by the Obama administration. Or it couldn't come at a
worse time.


(b) U.S. Citizens Have Been Accidentally Caught Up In Immigration
Crackdown, AP Says


The AP documented 55 such cases - citizens detained for anything
from a day to five years. Immigration lawyers say there are
actually hundreds of such cases.


(c) A Poor Excuse


The federal government hasn't had enough time to think about this
age-old problem? Please.


(d) Tancredo At UNC For Illegal Immigration Talk


Former U.S. Rep. Tom Tancredo, a leading critic of U.S.
immigration policy, will be in Chapel Hill on Tuesday to speak
against the admission of illegal immigrants to colleges and
universities.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0414.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 - Washington DC
'Abuse Rampant in Fraudulent Tax Returns'. Release of report: The
Earned Income Tax Credit and Illegal Immigration: A Study in
Fraud, Abuse, and Liberal Activism, 1:00 p.m., Tuesday, April 14,
2009, National Press Club, 13th Floor, Zenger Room  529 14th St.,
N.W., Washington, D.C.
http://www.thesocialcontract.com/events/press_conf_2009apr14.html
_________________________________________________________________
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:
Since private enterprise banking has clearly failed worldwide,
the American economy will not recover if the government does not
rein them in through a strict and permanent regulation of the
banking industry, chartering all banks doing business here, and
establishing standard rules of accounting. As a nation, America
will fail unless the federal regulators do their jobs, especially
the regulators at the SEC, and unless the government regulates
the credit card industry and its exorbitant and usurious interest
rates, and unless the US stops its warring as the world's savior,
and unless the tax code is revised and simplified, including the
elimination of the corporate tax, installing a fair, unsheltered
sliding-scale minimum tax based on all gross income over $25,000,
while at the same time reinstating an investment tax credit
against further taxation to encourage investment in hard goods by
the rich, rather than in worthless paper, and unless the US
protects American manufacturing jobs by modestly raising import
tariffs, and taxing outsourced foreign labor as an import. And it
will fail unless the anti-immigrationists and their political
cohorts awaken and recognize that American employers need
qualified and educated foreign talent in high-tech, health care,
science and other arenas, and that America needs a ready and
reliable source of temporary stoop-labor on a regulated, but
easily obtainable basis, and unless politicians become honest,
and until Americans take responsibility for their own actions. As
Robert Yang's letters have so often mentioned, we live in a
global economy. The current financial crisis should make us
acutely aware that today, all countries are inter-dependant. It
is a shame that in this age of technological advancement, the
sociological ideology of mankind remains mired in archaic
traditional thinking, with respect for humanity low in the
priorities of the collective world governments, and, sadly, the
United Nations.
David D. Murray, Esq.  Newport Beach, CA


(b) Dear Editor:
I have been a proponent of open borders for a long time. I am
disgusted by those walls.  What in the world are we afraid of?
We operated without walls for many, many years ... with Mexicans
coming and going to work here. It's interesting, I think, that
even though there is a 19% unemployment in Elkhart, Indiana,
those laid off workers say they refuse to 'flip burgers'. Well,
the Illegals will flip burgers. Shows you the mentality of of the
know-nothings.
Alma
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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Send correspondence and articles to editor@ilw.com. Letters and
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