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Jan 9 - Top Links December 2008

Rating: 6 votes, 5.00 average.

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

January 9, 2009

1.* Comment: Top Links December 2008
2.* Focus: Crimes And Immigration: A Definitive Manual For
*** Winning Cases
3.* Articles:
*** (a) Demographic, Drucker, And The Entrepreneurial Society by
*** Richard T. Herman, Esq.
*** (b) Immigrants Of The Day: Bruno Bettelheim of Austria,
*** Victoria Tennant of United Kingdom, and Michele Bohbot of
*** Morocco by Kevin R. Johnson
*** (c) Bloggings on Nurse Immigration by Christopher T. Musillo
*** of the Hammond Law Group
4.* News:
*** (a) USCIS Announces H-2B Cap Is Reached
*** (b) USCIS TPS Reminder For Eligible Honduras, Nicaragua and
*** El Salvadoran Nationals
*** (c) CIS Ombudsman Update On CSPA
5.* Classifieds:
*** (a) Help Wanted: Immigration Paralegal
*** (b) Case Management Technology
*** (c) Credential Evaluation And Translation
6.* Headlines:
*** (a) We Can Stem Shortage
*** (b) Illegal Immigration: The GOP's Elephant (In The Room)
*** (c) Immigration Reform Advocates Want Obama's Attention
*** (d) Immigration Still Plagues U.S.
7.* ComingsNGoings:
*** (a) Immigration Event - Washington, DC
8.* Letters From:
*** (a) Honza Prchal, Esq.
*** (b) VIN
*** (c) ASV
*** (d) Matt
*** (e) AJO,0109.shtm

Books On Immigration Law:
Immigration Law Seminars:
Immigration Law Workshops:
To Get Clients:

Top Links December 2008

We feature the most accessed links by our readers in December
2008 below:

Top five December Immigration Daily Articles

++A Child Alone And Without Papers by Amy Thompson et al. for
the Center For Public Policy Priorities,1231-thompson.pdf
++The Nation Is Not A House by Donald J. Boudreaux for the
Foundation For Economic Education,1218-boudreaux.shtm
++Both Sides Of Immigration Debate Retrench by Tom Barry,1223-barry.shtm
++Moderation And Immigration Reform by Harry DeMell,1217-demell.shtm
++Joe Predicts: Zero Percent Chance Of Amnesty In 2009 by Joe

Top five December Immigration Daily Items

++Neufeld Memo On N-400 Processing,1210-neufeld.pdf
++DHS Says NY Enhanced Drivers License Is Acceptable Identity
++DHS Publishes US VISIT Final Rule,1222-USVISIT.shtm
++DHS Publishes H2B Final Rule,1222-H2B.shtm
++CIS Ombudsman On Schedule A Nurse Visa Processing,1211-schedule.pdf

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

Crimes And Immigration: A Definitive Manual For Winning Cases

The following is the table of contents for this book which is now
being shipped:**

++Chapter 1: Evaluating A Criminal Case For Immigration Purposes
++Chapter 2: Criminal Grounds Of Inadmissibility And Waivers
++Chapter 3: Criminal Grounds Of Deportability
++Chapter 4: Good Moral Character
++Chapter 5: Detention And Removal Of Noncitizens Charged With Criminal
Grounds Of Inadmissibility Or Deportability
++Chapter 6: Applications For Relief From Removal For Criminal Aliens In
Removal* Proceedings
++Chapter 7: Working With Criminal Defense Counsel And The Criminal
Courts On The Structure And Amelioration Of Convictions*
++Chapter 8: Judicial Review
++CD-ROM: Over 700 Critical Documents - Significant statutory provisions
of 8 USC, 18 USC, and other public laws, Relevant regulatory sections and
forms from USCIS and EOIR, Key BIA and Federal Court cases, Links
to informative internet resources, etc.*

For more info, and to order, please see here.
For the fax order form, see here.

(a) Demographic, Drucker, And The Entrepreneurial Society

Richard T. Herman, Esq. writes "This force of foreign-born talent
and entrepreneurship is an opportunity for cities and states that
embrace this change.",0109-herman.shtm

(b) Immigrants Of The Day: Bruno Bettelheim of Austria, Victoria
Tennant of United Kingdom, and Michele Bohbot of Morocco

Kevin R. Johnson celebrates the achievements of these immigrants.,0109-johnson.shtm

(c) Bloggings on Nurse Immigration

Christopher T. Musillo of the Hammond Law Group shares the latest
entries as of December 23, 2008 on his immigration law and policy

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

(a) USCIS Announces H-2B Cap Is Reached

USCIS announced that the H-2B cap season for FY 2009 closed as of
January 7th.,0109-cap.pdf

(b) USCIS TPS Reminder For Eligible Honduras, Nicaragua and El
Salvadoran Nationals

USCIS reminds its customers that the re-registration period for
Temporary Protected Status (TPS) for nationals of Honduras,
Nicaragua, and El Salvador ended Dec. 30, 2008.,0109-tps.pdf

(c) CIS Ombudsman Update On CSPA

CIS Ombudsman's Office provided an update on the Child Status
Protection Act.,0109-CSPA.shtm

(a) Help Wanted: Immigration Paralegal
Downtown Washington, DC firm
seeks mature and responsible senior business immigration
paralegal with 4+ years experience in business immigration cases,
including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and
EB-2) and PERM.* Must be capable of independent work, including
legal research, intensive client contact and drafting responses
to complex RFEs and NOIDs.* Bilingual Spanish/English speaker
preferred.* Must have bachelor's degree and excellent native-
level English writing skills.* We are a boutique immigration firm
with a fast-paced yet collegial atmosphere and no billable hours
requirements.* Salary commensurate with experience.* Please email
resume, references and writing sample to* No calls please.

(b) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or

(c) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields.* For a copy
of the Application for Credential Evaluation and Translation
Services, please contact AETS at (786) 276-8190, visit, or email:
6.* Headlines

(a) We Can Stem Shortage

The nation's nursing shortage is a "threat to the quality of
patient care," according to a report by Homeland Security's
Citizenship and Immigration Services ombudsman.

(b) Illegal Immigration: The GOP's Elephant (In The Room)

That would indicate the issue of the never-ending invasion of
our borders will be ignored (on a bipartisan basis) in the near
future, just as it was in the recent presidential campaign.

(c) Immigration Reform Advocates Want Obama's Attention

Advocates for immigration reform announced Wednesday they're
planning a big march and rally in San Jose for the day after
Inauguration Day.

(d) Immigration Still Plagues U.S.

If you think the bad economy has "solved" America's immigration
problems, welcome to a reality check.

For links to the above stories see here:,0109.shtm#Headlines
7.* ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here To feature your
newsletter in Immigration Daily, see here

(a) Immigration Event - Washington, DC
January 14, 2009- The Constitution Project and Georgetown
University Law Center are pleased to announce a discussion on the
Constitution Project's newly released report, The Use and Abuse
of Immigration Authority as a Counterterrorism Tool. Lunch at
12:00 pm; Discussion from 12:15 - 2:00 pm, Georgetown University
Law Center, 600 New Jersey Avenue NW, McDonough Hall, Room 164,
Washington, DC 20001. To register, email with your name, the number of
attendees, and the event name. Box lunch provided. There is no
charge to attend. Copies of the report will be available at event.

Readers are welcome to share their comments, email:* (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.

(a) Dear Editor:
Sergi Sheplov's excellent letter to the Editor on Obama's
citizenship is brilliantly written and consistently correct,
except for one point (1/8/09 ID). Unfortunately, in medical
billing cases, tax law and several other areas under the thumb of
heavy federal regulation, it is the burden of a citizen to prove
his innocence. As a point of principle I agree that it should not
be, but it is. That said, the results those Mr. Sheplov's letter
predicts, "Thats why this Immigration Haters attitude is so
scarey. If we give pencil pushers at DHS, Justice and State the
freedom to incarcerate and strip a citizen of his birthright
which are the rights to due process we create a nightmare." are
generalizable across those other fields of law as well.
Perversely, limiting the number of things one must prove to
simple* production of a national biometric ID card, or various
state ID cards that meet a verifiable national standard, would on
balance place the burden of proof back on government in broad
areas of our lives, and help clean up voting and immigration
arguments besides. Returning to the "natural born" citizen
argument, Obama was born in the US, but even if he wasn't, he was
born to an American and, at the time our forefathers (I may not
be related to them but America has allowed me to claim their
political inheritance) adopted our Constitution, that meant he
was a natural born citizen, just like John McCain was despite
being born in the canal zone. Jus sanguinis, literally the law of
blood, is not generally accounted a controversial principle and
certainly was not in the day. It may be controversial in post-
revolutionary France (and that postdated the U.S. Constitution),
but even most nativists were, until recently, arguing that jus
solis (citizenship by virtue of being born on American soil,
literally the law of soil), not jus sanguinis was the problem.
Honza Prchal, Esq.

(b) Dear Editor:
Does anyone know whatever has happened to the US Department of
Labor's PERM program? Currently, 5-6 months of waiting for any
decision appears to be normal, no e-mails get responded to, no
approvals, no denials. Looks like they got shut down. Did they?
VIN* Tampa, FL

(c) Dear Editor:
Mario Apuzzo's letter (01/08/09 ID) states that a natural born
citizen "means a child born on U.S. soil (or its equivalent) to
two U.S. citizen parents (either citizens by birth or
naturalized)."* I would like to know the basis for this
interpretation.* I would also like to know what that makes me- a
person born in the United States to parents who were not U.S.
Citizens at the time of my birth.* Does this mean that I would
not be eligible to become President of the United States because
I'm "just" a national of the U.S. who was born and has spent her
whole life here (I have evidence, in addition to by Certificate
of Live Birth, that I was born here). And, if I am not eligible
because, according to Mr. Apuzzo's letter's interpretation I do
not have USC parents, how about my son who is now a second
generation American. He was born to one USC parent and one LPR
parent.* Does that mean that he too cannot become President of
the U.S.?
ASV* New York, NY

(d) Dear Editor:
thanks to Mario Apuzzo for his informative letter to the Editor
concerning the subject of the legality of our President to be,
Barack Obama. As a natural born citizen of this great country, I
am, as many Americans, concerned that My President follow the law
and Constitution. I don't want my President to be from the
"Moon",and it is very material to me who my President is.
Also,has it ever been considered that Obama was Adopted by Lolo
Soetoro and lived and schooled in Indonesia under the name of
Barry Soetoro? How did He get back to the name of Barack Obama? i
assume He was "unadopted"? Do we have dual citizenship? I have
personally just reached the conclusion our Presidency has been
Matt* Cherry Hill, NJ

(e) Dear Editor:
I am convinced the vast majority of the American people don't
care whether Mr. President-elect was, in fact, born on Hawaii,
Kenya, or on the moon, for that matter. As long as he does his
job as promised, who cares? Opponents will keep howling about the
law(s), etc. The "American, natural-born president" law was
enacted hundreds of years ago for a particular, strictly
political reason that may have made sense at the time. The very
same goes for the electoral college and a couple of other ideas
that were meant to prevent dangerous idiots from taking the
highest offices of the land.* Again, let's focus on the future of
the country that is literally falling apart and let's leave Mr.
President-elect's birth certificate alone. Don't we all have any
real problems?
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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not legal advice. Transmission of this information is not
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attorney-client relationship. Readers must not act upon any
information without first seeking advice from a qualified
attorney. Copyright 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to Letters and
articles may be edited and may be published and otherwise used in
any medium. The views expressed in letters and articles do not
necessarily represent the views of ILW.COM.
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  1. Ted's Avatar
    Obama can't be POTUS.

    Since no congressman and senator objected on 1/8/09 to Congress' count and certification of the electoral vote which would have turned resolution of Obama's eligibility issue over to Congress, rendering moot both the Berg and Lightfoot cases, Berg finally does achieve standing on the issue of actual harm, to be addressed at the 1/9/09 SCOTUS Conference on Writ of Certiorari. Obama's failure to submit evidence of his constitutional qualification for the 1/9/09 conference will mean he cannot thereafter challenge Berg's request to enjoin the 1/8/09 Congressional electoral count and certification, albeit retroactive, scheduled for SCOTUS conference 1/16/09. Moreover, Chief Justice Roberts has scheduled a full Court conference on the Lightfoot case 1/23/09 in the event there needs to be a Constitutionally mandated action, the Inauguration itself, to enjoin retroactively.

    Checkmate! (WHERE IS THE NEWS MEDIA?)

  2. Mario Apuzzo, Esq. 's Avatar

    A would-be President in order to be a "natural born Citizen" under Article II of the Constitution has to be born on U.S. soil (or its equivalent under military circumstances) to two parents who were U.S. citizens (by birth or naturalization) at the time of his/her birth. Obama cannot be a natural born citizen even if he was born in Hawaii (which is still disputed) because, while he was born to a mother who was a U.S. citizen, his father was a British citizen at the time of his birth. See E. de Vattel, The Law of Nations Sec. 212 (1758); July 25, 1787 letter from John Jay to George Washington; Article 2, Section 1, Clause 5 of the Constitution; Naturalization Act of 1790 (1 Stat.103,104); Naturalization Act of 1795 (1 Stat. 414) (children of citizens of the United States born out of the limits and jurisdiction of the United States shall be considered as citizens of the United States as opposed to natural born citizens); 14th Amendment; Rep. John Bingham of Ohio speech on civil rights of citizens in the House on March 9, 1866; Minor v. Happersett, 88 U.S. 162 (1875); United States v. Wong Kim Ark, 169 U. S. 649 (1898); Perkins v. Elg, 99 F.2d 408 (D.C. Cir. 1938), aff'd 307 U.S. 325 (1939);

    In defining what is a "natural born Citizen" under Article II, we are attempting to define what the standard to be President of the United States is as envisioned by the Founders of our nation and the Framers of the Constitution who had just fought a revolutionary war against a foreign power. That standard has to be an exacting one. We are not talking about the requirements to hold any other political office, to be a judge, or to be an ordinary citizen. We are not referring to a citizen defined in the 14th Amendment or by a Congressional Act. The Founders in their wisdom recognized the importance of the highest office in this country and for national security reasons singled it out in Article II, limiting it to individuals who have no conflicts in allegiance to our nation. The President alone has great power which is not the case for any Senator, Representative, or Judge who may not act alone but rather acts as part of a collegial body. The President may act alone, despite surrounding himself with a Cabinet and other political advisors. A non-Article II U.S. citizen (born on U.S. soil regardless of parental citizenship status or naturalized [14th Amendment citizenship] or born abroad to one or two qualifying U.S. citizen parents [Congressional Act citizenship ] is eligible to serve as governor, senator, representative, judge, mayor, etc. but not President.
    The question of what is a "natural born Citizen" must be answered not only with the thought of what is "fair," "popular," or "politically correct" in our immigrant America, but also with what makes sense from a self-survival standpoint. Perception of how safe our world is today is not relevant in this analysis. When analyzing the national self-survival factor, we have to assume the most extreme examples, existing not only in today's world but also in that of the future. If there is any doubt on this issue, we must err on the side of national security and not on the side of a liberal philosophy espoused to please all people.

    Mario Apuzzo, Esq.
    January 8, 2009
    Jamesburg, New Jersey

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