Immigration Daily Blog: January 2009

Feb 2 - Senator Gregg

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

February 2, 2009

Items:
1. Comment: Senator Gregg
2. Focus: The Consular Posts Book Table Of Contents
3. Articles:
    (a) Aliens - A US Resource Underutilized by Sardar N.
    Durrani, Esq. and Andrea Love Sumpter
    (b) Immigrants Of The Day: Timothy White of Argentina, Shauna
    Robertson of Canada, and Edmund Morris of Kenya by Kevin R.
    Johnson
    (c) Bloggings on Dysfunctional Government by Angelo A.
    Paparelli
4. News:
    (a) DOD Announces E-Verify Requirements For Federal
    Contractors Are Delayed
    (b) State Issued Criminal History Clearances
5. Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Immigration Law Certificate
    (c) Case Management Technology
6. Headlines:
    (a) Gillibrand's Immigration Views Draw Fire
    (b) Activists Keep Heat On Obama Over Immigration
    (c) Factory Manager Sentenced In Immigration Case
    (d) Obama's Immigration Czar to Rid U.S. of Criminal Aliens -
    If We Can Figure Out Who They Are
7. ComingsNGoings:
    (a) Immigration Event - San Diego, CA
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Name Withheld Upon Request
    (c) Robert Yang

http://www.ilw.com/immigdaily/digest/2009,0202.shtm

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Immigration Law Workshops: http://www.ilw.com/workshops/
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_________________________________________________________________
1. COMMENT

Senator Gregg

The Hill.com reports "Sen. Judd Gregg (R-NH), who is under
consideration to be nominated as Commerce secretary, has
supported contentious immigration legislation that sharply
divided his party." For the full story, see here.
http://thehill.com/leading-the-news/greggs-policies-on-immigration-similar-to-obamas-2009-01-30.html

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

The Consular Posts Book Table Of Contents

The Table of Contents for "The Consular Posts Book" which is
currently being finalized for printing is as follows:

Chapter 1. Who You're Dealing with: DOS Jurisdiction

++The Three Gatekeepers - USDOS, USCIS, USDOL ++Three Different
Sets of Rules ++The Federal Code, and All That - Statutes (50
USC, 8 USC, 28 USC) ++FAM (the One Book You Need to Know) - DOS
Regulations ++NAFTA, WTO, GATS, Soup to Nuts - Trade Agreements
++The Changing Policy Landscape - Economic Protection vs. Free
Trade
++ He Votes - US Worker Considerations ++ But, His
Lobbyists Are More Expensive - Free Flow of Capital Interests
Chapter 2. Rules of the Game (Some Old, Some New): DOS
Authority

++The Consul Is Always Right - Consular Non-reviewability ++Give
Them What They Want (No Less, No More) - Gauging and Meeting
Consular Expectations ++Consular Mission Shift (From Business
Service to Front-Line Investigator) - DOS' Enhanced Role in
National Security
++ Terrorism - Security Clearance (FBI, Homeland Security,
CIA); Illegal transportation of individuals for corrupt/ illegal
business entities ++ Economic policies - Espionage, Export
Controls

Chapter 3. What they're Looking For (Do's and Don'ts): Inner
Federal Agency Workings

++The Appearance (and Substance) of Candor - Proactive
Strategies for Avoiding Problems and Prosecutions. ++Mission
Shift: The New Emphasis on Detecting Business-related Fraud
++ USCIS ++ DOL ++ CBP ++ Commerce Department
Initiatives

Chapter 4. Why Visas Are Done Outside the U.S.: The Purpose of
Consular Processing

++Local Reputations and Investigations - Eligibility and
Authentication. ++Information, Please (Data-collection and the
Wealth of Nations) - Intelligence Gathering ++All Politics Are
Local - Diplomacy and Relations w/ host Country

Chapter 5. Getting, Keeping and Renewing Your Visa: The Visa -
Its Limits and Privileges

++Not All Visas Are Created Equal - Many Types, But Few Real
Choices ++Permission to Enter ++Blanket L visas ++Investor
Visas ++The Greater Use of B1 visas in connection to sustainable
economic activity ++Phone Home - The Importance of Personal
Contact By Counsel in the U.S. ++Once you're Here, They Don't
Stop Looking - The New Realities of Doing Business (Post 9/11
Data Mining and Federal Task Forces) ++Time to Renew, Time to
Review - The Importance of Reviewing the Record Before
Submitting Updated Information.

Chapter 6. DOS Central Office Can Help You: Review and Appeals of
Consular Decisions

++The Consular Officer Isn't Always Right (Sometimes) - Review
and Appeals of Consular Decisions ++Supervisor review
++State Dept Opinion ++Long Standing Absences of US Courts in a
Vastly changing Global Economy and the Borderless Corporation

Chapter 7. Avoiding Audits and Task Forces: Best Practices

++Innocence Isn't Enough -- USCIS and ICE Random Fraud
Assessments ++Send In the Marines -- Federal Fraud Task Forces

Chapter 8. Data-mining and Real-Time Enforcement: The Future
Landscape of the Visa Process

++Save the Trees - E-filing, Document Scanning, and Distributed
Data Access ++If it's On-Line or in a Computer, Assume They Have
a Copy

Chapter 9. The Many Faces Behind the Visa Window: The Visa
Process and Procedure at Select High-Volume Consulates in the New
World Economic Order

India (New Delhi, Chennai, Mumbai, Kolkata); China (Beijing, Hong
Kong, Guangzhou, Shanghai); Canada (Ottawa, Toronto, Vancouver,
Montreal); Mexico (Mexico City, Ciudad Juarez, Monterrey,
Tijuana, Nogales, Guadalajara); United Kingdom (London); France
(Paris); Germany (Munich); Poland (Warsaw); South Korea (Seoul);
Phillipines (Manila); Japan (Tokyo); Brazil (Rio de Janeiro, Sao
Paulo); Australia (Sydney); Taiwan (Taipei); Vietnam (Ho Chi Minh
City); Israel (Tel Aviv); Bangladesh (Dhaka); Argentina (Buenos
Aires); Colombia (Bogota); Venezuela (Caracas); Dominican
Republic (Santo Domingo); Haiti (Port au Prince); Jamaica
(Kingston)

For contributor bios, more info, and to order, please see:
http://www.ilw.com/store/ConsularPosts.shtm
Or for fax, please see:
http://www.ilw.com/store/ConsularPosts.pdf
_________________________________________________________________
3. ARTICLES

(a) Aliens - A US Resource Underutilized

Sardar N. Durrani, Esq. and Andrea Love Sumpter write "The US
needs to change laws so that the country may benefit from a
nearly endless potential of many highly qualified illegal aliens."
http://www.ilw.com/articles/2009,0202-durrani.shtm
http://www.durrani.com

(b) Immigrants Of The Day: Timothy White of Argentina, Shauna
Robertson of Canada, and Edmund Morris of Kenya

Kevin R. Johnson celebrates the achievements of these immigrants.
http://www.ilw.com/articles/2009,0202-johnson.shtm
http://lawprofessors.typepad.com/

(c) Bloggings on Dysfunctional Government

Angelo A. Paparelli writes "Federal contractors, Congress and the
Obama administration have yet another respite, this time until
May 21, 2009, to decide what to do about E-Verify."
http://www.ilw.com/articles/2009,0202-paparelli.shtm
http://blogs.ilw.com/angelopaparelli/

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

(a) DOD Announces E-Verify Requirements For Federal Contractors
Are Delayed

The Department of Defense, General Services Administration, and
National Aeronautics and Space Administration have agreed to
delay
the applicability date of FAR Case 2007-013, Employment
Eligibility Verification, to May 21, 2009.
http://www.ilw.com/immigdaily/news/2009,0202-Everify.shtm

(b) State Issued Criminal History Clearances

USCIS released a listing of state issued criminal history
clearances (courtesy of Thomas Esparaza, Esq.).
http://www.ilw.com/immigdaily/news/2009,0202-criminal.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
experienced attorney for Associate Regional Counsel position,
USCIS OCC, Western Region. Responsibilities include, but not
limited to, serving as attorney providing on-site legal advice to
local District Office USCIS personnel on issues involving
immigration related adjudications, inadmissibility and
deportability grounds, and national security. Applicants must
possess JD degree, be active bar member (any jurisdiction), and
have 2+ years of post-JD experience in immigration law. For more
info, key in Job Announcement Number: COU-CIS-2009-0002 at
http://www.usajobs.com
Preference is given to applicants with immigration law
experience, a background in federal litigation, an excellent
academic record, and strong writing skills. Submit a resume,
cover letter + writing sample (max. 10 pps.) to: Kelli J.
Duehning, Western Regional Counsel, USCIS Office of the Chief
Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
close of business, Tuesday, February 10, 2009. Position is at the
GS-13/14/15 levels and is open until filled. No relocation
reimbursement available.

(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) 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
email mailto:info@inszoom.com.
_________________________________________________________________
6. Headlines

(a) Gillibrand's Immigration Views Draw Fire

Still, Ms. Gillibrand has not backed down from her long-standing
opposition to "amnesty" for illegal immigrants, which has left
some immigrant advocates wondering whether she would support any
law that would establish a path to citizenship for illegal
immigrants.

(b) Activists Keep Heat On Obama Over Immigration

As Obama settles into the White House, he faces renewed pressure
from pro-immigration activists to keep a pledge to support
immigration reform, or at the least, roll back some of the get-
tough immigration policies of his predecessor George W. Bush.

(c) Factory Manager Sentenced In Immigration Case

A manager at a New Bedford leather-goods factory raided in 2007
by immigration agents has been sentenced to two years probation
for her role in helping the company hire and conceal illegal
immigrants.

(d) Obama's Immigration Czar to Rid U.S. of Criminal Aliens - If
We Can Figure Out Who They Are

Homeland Security Secretary Janet Napolitano wants to expel what
she calls "criminal aliens" from the US, starting with those
already in custody.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0202.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) Immigration Event - San Diego, CA
'Is Black the New Brown? Latino Immigration and Native Labor
Replacement in the Contemporary U.S. South' 3:00-5:00 p.m.,
Tuesday, February 10, 2009, Eleanor Roosevelt College Admin.
Bldg., Conference Room 115, First Floor University of
California, San Diego,
http://www.ccis-ucsd.org/Programs/CCIS%20Seminars%20Winter%202009.pdf.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
I promised in my (1/30/09 ID) letter not to write anything
further about the issue of US citizenship by birth. However, I
have one final comment. In that letter, I mentioned that in the
early years of the American Republic, some of the states were
reluctant to follow the centuries-old English Common Law doctrine
that anyone born in the King's realm and subject to its law was a
citizen, even if his/her parents were foreigners. As my letter
pointed out, there was a concern that this could limit the
child's freedom to renounce allegiance to the Crown (or the US)
after attaining majority. However, to use this purely historical
argument as a reason for restricting citizenship rights by birth
in 21st Century America would be even more dangerous than was
Justice Scalia's twisted logic in the recent Second Amendment
case involving gun control in the District of Columbia. In that
decision, Justice Scalia went back to medieval English history in
order to argue that the individual right to bear arms had once
been important to the idea of personal liberty against the
tyranny of the King. Based on this argument, the Supreme Court,
in effect, upheld the Second Amendment ''liberty" to be killed in
a gun fight between rival gangs in a modern American city, In the
same way, those who, would like to restrict citizenship by birth
in the US to children whose parents were both US citizens, would
be upholding the "liberty" of millions of children of immigrant
parents to be illegal in the US, and therefore subject to arrest
and deportation, merely by the fact of being born. What kind of
liberty is that?
Roger Algase, Esq. New York, NY

(b) Dear Editor:
Asylum cases are supposed to be confidential. Thus in filling out
an asylum application, I put - please mail to attorney -clearly
next to my client's address. As you can guess, my client
nevertheless received mail from the Asylum Office, which return
address had "Asylum Office" on the envelope along with my
client's address. Confidential? Ha. My client then moved and I
put a change of address form in with the Asylum Office with a
clear cover letter to only mail me notices. As you can guess, my
client still received mail from the Asylum Office. We then had
the asylum hearing and explained the mail problem to the asylum
officer, who said she would take care of it. Six months later
still waiting for an answer and, as you can guess, my client
still is receiving notices from the Asylum Office. Any
suggestions on how to get the government to send it the correct
address? My client's case has been kicked up to headquarters and
been in some dusty file for six months. Any suggestions how to
dislodge it and get an answer. My client has a very strong case,
thus I am not too worried about ruffling the feathers of the
asylum boys and girls. However, for my client's sake, I remain
anonymous.
Name Withheld Upon Request

(c) Dear Editor:
I have friends who are permanent residents but they have lower
cost health insurance because they're "poor". Many refugees also
live on welfare, it's fine for certain period but it's time for
fairness and common sense to cut them off, this ridiculous
policies happened in many Western nations, high taxes, welfare to
the lazies. We won't welcome any parasites in this country, since
we have enough parasites who are citizens who don't want to work
but enjoy public welfare without shame, including Wall Street
bankers. In short, all beneficiaries of our immigration system
must be self sufficient or sponsored by their relatives, they
must leave the country if they can't support themselves. USC may
petition their parents if they can show they have certain income
level and net worth, have good credit and willing to sign an
affidavit to support their parents during their stay here. If the
support ceased, the parents then must leave. I suggest also ID to
cut off the debate about President Obama's citizenship, it's too
late, it's done, get over it. Hawaiian official confirmed his
birth certificate and none fussed about it much earlier. Give our
new President a chance to bring this country to a better
direction and future.
Robert Yang
_________________________________________________________________
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Jan 30 - CIR In 2009

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

January 30, 2009

Items:
1. Comment: CIR In 2009
2. Focus: Inventory Closeout Sale
3. Articles:
    (a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
    Immigration Slows Along With The U.S. Economy by Angela
    Kelley for the Immigration Policy Center
    (b) Bloggings on Nurse Immigration by Christopher T. Musillo
    of the Hammond Law Group
    (c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
    Zakaria of India, and Herbert Marcuse of Germany by Kevin R.
    Johnson
4. News:
    (a) DHS Announces FAR E-Verify Reg Implementation Is
    Postponed
    (b) CIS Ombudsman Releases Recommendations For Improving
    Process For Trafficking Victims
5. Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) J-1 Visa Program
6. Headlines:
    (a) Second Death At Virginia Immigration Detention Facility
    (b) Date Set For Gillibrand Summit With Latino Lawmakers
    (c) Iowa: What Happens When a Town Implodes
    (d) What Will President Obama Do About Immigration Reform?
7. ComingsNGoings:
    (a) Immigration Event - Cambridge, MA
8. Letters From:
    (a) Honza Prchal, Esq.
    (b) Roger Algase, Esq.
    (c) David D. Murray, Esq.
    (d) Bruce R. Mulraney
    (e) Natalie

http://www.ilw.com/immigdaily/digest/2009,0130.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

CIR In 2009

New American Media reports "Pro-immigrant advocates believe the
Obama administration will have a window of opportunity between
this September [2009] and March 2010 to shepherd a comprehensive
immigration package that will provide a path to legalization for
an estimated 12 million undocumented residents, strengthen border
security and help the ailing economy." For the full story, see here.
http://news.newamericamedia.org/news/view_article.html?article_id=ce386e69944fe33cea35ee9c7098451f

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

Inventory Closeout Sale

ILW.COM is pleased to announce our inventory closeout sale offer
on the new completely revised editions of Patel's Immigration Law
Books, 2008-2009 Edition, and now at a fantastic huge discounted
price. These are the most respected primary reference materials
featuring user- rated "best index" on the market. This special
bundle includes the WHOLE Act, 20/22/28 CFR Plus and 8 CFR Plus
for only $99. For more details and to purchase, see
http://www.ilw.com/store/patel'simmiglawlibrary.shtm. Don't wait
to order your copy today! This is a limited time offer and will
be available only until the inventory is sold out. If you have
any questions, please write to
mailto:webmaster@ilw.com.
_________________________________________________________________
3. ARTICLES

(a) Fewer Job Openings Equals Fewer Immigrants: Undocumented
Immigration Slows Along With The U.S. Economy

Angela Kelley for the Immigration Policy Center writes "According
to new estimates from the Pew Hispanic Center, the number of
undocumented immigrants in the United States did not increase
between 2007 and 2008, and may actually have fallen."
http://www.ilw.com/articles/2009,0130-kelley.shtm
http://www.immigrationpolicy.org/

(b) Bloggings on Nurse Immigration

Christopher T. Musillo of the Hammond Law Group shares the latest
entries as of January 28, 2009 on his immigration law and policy
blog.
http://www.ilw.com/articles/2009,0130-hammond.shtm
http://www.hammondlawfirm.com/

(c) Immigrants Of The Day: Mother Jones of Ireland, Fareed
Zakaria of India, and Herbert Marcuse of Germany

Kevin R. Johnson celebrates the achievements of these immigrants.
http://www.ilw.com/articles/2009,0130-johnson.shtm
http://lawprofessors.typepad.com/

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

(a) DHS Announces FAR E-Verify Reg Implementation Is Postponed

DHS announced that federal contractors and subcontractors will be
required to begin using the U.S. Citizenship and Immigration
Services' E-Verify system starting May 21, 2009, to verify their
employees' eligibility to legally work in the US.
http://www.ilw.com/immigdaily/news/2009,0130-EVerify.shtm

(b) CIS Ombudsman Releases Recommendations For Improving Process
For Trafficking Victims

CIS Ombudsman's Office released its recommendations on how to
improve the process for victims of human trafficking and certain
criminal activity.
http://www.ilw.com/immigdaily/news/2009,0130-trafficking.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
experienced attorney for Associate Regional Counsel position,
USCIS OCC, Western Region. Responsibilities include, but not
limited to, serving as attorney providing on-site legal advice to
local District Office USCIS personnel on issues involving
immigration related adjudications, inadmissibility and
deportability grounds, and national security. Applicants must
possess JD degree, be active bar member (any jurisdiction), and
have 2+ years of post-JD experience in immigration law. For more
info, key in Job Announcement Number: COU-CIS-2009-0002 at
http://www.usajobs.com
Preference is given to applicants with immigration law
experience, a background in federal litigation, an excellent
academic record, and strong writing skills. Submit a resume,
cover letter + writing sample (max. 10 pps.) to: Kelli J.
Duehning, Western Regional Counsel, USCIS Office of the Chief
Counsel at mailto:Kelli.Duehning@dhs.gov. Must be received by
close of business, Tuesday, February 10, 2009. Position is at the
GS-13/14/15 levels and is open until filled. No relocation
reimbursement available.

(b) J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with
AIESEC United States. For 50 years, AIESEC U.S.
http://www.aiesecus.org
has offered foreign nationals the opportunity to grow both
personally and professionally by sponsoring exchange visitor
traineeships. Enjoy unparalleled customer service, including in-
depth guidance on J-1 Trainee visa regulations and the changes
effective July 2007. We also offer logistical and cultural
reception services in locations nationwide. Expect a 24-48 hr.
application processing time. The J-1 Trainee visa can be used for
individuals to participate in training programs in the following
fields: information media and communications, education, social
sciences, library science, counseling and social services,
management, business, commerce and finance, the sciences,
engineering, architecture, mathematics and industrial
occupations, public administration, and law. Attorneys interested
in learning more about AIESEC United States and the J-1 Trainee
visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.
_________________________________________________________________
6. Headlines

(a) Second Death At Virginia Immigration Detention Facility

This is not just the first death of a detainee at an immigration
detention center, but also it is the second at this particular
jail.

(b) Date Set For Gillibrand Summit With Latino Lawmakers

After backing down on their threat to go nuclear on Sen. Kirsten
Gillibrand in exchange for her promise to sit down an chat about
immigration, Latino lawmakers have secured a date for their
meeting with the new senator.

(c) Iowa: What Happens When a Town Implodes

Eight months after the Agriprocessors raid, Postville is still
grappling with what its leaders call a "humanitarian and economic
disaster," compounded by the recession and a harsh winter.

(d) What Will President Obama Do About Immigration Reform?

But what will he do about immigration reform?

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0130.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) Immigration Event - Cambridge, MA
'The Impact of Migration on Children', The Myron Weiner Seminar
Series on International Migration Sponsored by the Center for
International Studies, Inter-University Committee on
International Migration. 4:30-6:00 pm, Tuesday, February 3, 2009
Carr Center Seminar Room (Room 219), Rubenstein Building (2nd
floor), John F. Kennedy School of Government, Harvard University
79 John F. Kennedy Street, Cambridge, MA 02139.
http://events.mit.edu/scripts/event_ext.pl. Contact: Jennifer
Dignazio, (617) 253-3848 or jdignaz@mit.edu.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Sid Lachter's letter (01/29/09 ID) states that anti-Obamites
[sic] "say" all sorts of things about our President's citizenship
status. I'll bet his letter didn't mean to tar all of us with
that brush, but a number of the regular readers and commenters
who did not vote for Obama, myself included, have actually been
cheering on the straight-forward legal analysis of ... Roger
Algase's letters in this particular dispute. One parent is enough
to be a US citizen under the traditional understanding of jus
sanguinis at the time the US Constitution was adopted, and that
understanding controls unless superseded by a Constitutional
Amendment. If one is a US citizen at birth and never renounced
said citizenship, one is not disqualified. As for the reliance of
Mr. Apuzzo and others on the Slaughterhouse Cases, they have not
been expunged root and branch as I would prefer. The majority in
the Slaughterhouse cases was, after all, striving for national
consensus by gutting the 14th Amendment. Some of us old-fashioned
lawyers argue that laws should mean what they meant when adopted,
or else self-government in compromised. At the time the
Constitution was adopted, jus sanguinis was not a controversial
principle, and jus solis similarly applied to people born in US
territories and considered eligible for citizenship. In terms of
jus solis, Hawaii before statehood is no different from any other
territory. Its citizens in the days after annexation and before
statehood are uncontroversially natural born US citizens. For
example, Davy Crocket was born in land that would become the
state of Tennessee four years later. He was considered a
potential Presidential contender by his fans, and his detractors
did not cite his Constitutional ineligibility for the post when
trying to damage his prospects.
Honza Prchal, Esq. Birmingham, AL

(b) Dear Editor:
I agree with Bruce R. Mulraney's letter (01/28/09 ID), which
opposes Mario Apuzzo's letter's mistaken and unsupported argument
that the term "natural born citizen" of the US in Article 2 of
the Constitution allegedly has a more restricted meaning than
the concept of a US citizen by birth in the US in the 14th
Amendment. But the authors of both of these Constitutional
provisions were more likely thinking of the kings of England than
of Poland, as argued in Mr. Mulraney's letter. These
Constitutional drafters chose (according to the Wong Kim Ark
decision) to adopt the broad view of citizenship by birth
established in the English Common Law, namely that anyone born in
the King's realm was a English subject, unless his parents were
foreign diplomats or occupying enemy soldiers. However, the
English Common Law also made it virtually impossible for anyone
born in England to renounce English citizenship, which is
precisely what the American colonists were trying to do.
Therefore, there was a body of opinion in some early US states
that resisted adopting the broad English Common Law doctrine of
citizenship by birth, because it might have limited the freedom
to sever one's allegiance to England. Therefore, according to
this argument, America would be serving the cause of liberty
better by adopting a narrower view of citizenship by birth in the
US than that of the English Common Law. But this argument was
rejected in the Wong Kim Ark decision. It might have been
relevant in 1789, when the Constitution was adopted. But it had
ceased to be relevant in the very different America of 1868, when
the 14th Amendment was adopted, or in 1898, the year of the Wong
Kim Ark decision. It is even less relevant in America today. This
will conclude my letters on this topic.
Roger Algase, Esq. New York, NY

(c) Dear Editor:
Sid Lachter's letter (01/29/09 ID) hit the nail right on the head
when his letter states, "Citizens by birth are citizens in all
respects by virtue of the 14th Amendment, and the citizenship of
their parents is irrelevant ..." I do not understand where this
14th Amendment controversy came from in ID Letters to the Editor,
but arguing there is a difference between a "natural born
citizen" and "citizen of the US" is akin to the ceaseless ranting
and raving of those who believe taxation by the federal
government is unconstitutional, one argument being that Americans
are citizens of the individual states as opposed to citizens of
the United States, claiming the Fourteenth Amendment was not
properly ratified. Of course of the thousands of lawsuits and IRS
proceedings brought over past decades pertaining to this
position, none has yet to succeed. The issue of who is a US
citizen is not a matter of opinion or debate; this has all been
laid to rest years ago by the US Supreme Court. Read and
understand the majority opinions in the pertinent cases and stop
insulting the intelligence of ID readers with nonsensical
bickering about how many elephants can sit on the top of the 14th
Amendment before they are US citizens. Enough is enough. In
response to KO's letter (01/29/09 ID), who once again brings up
the knee-jerk tirade over the H-1B, all I can say is nonsense.
That tired old horse was buried years ago and anyone who knows
and understands the fundamentals of the H-1B visa knows those
unsubstantiated arguments will never be entered in the Kentucky
Derby. I vote we move on to more intelligent discussion about how
to fix the broken immigration system while trying to keep
everyone in the world happy.
David D. Murray, Esq. Newport Beach, CA

(d) Dear Editor:
Thank you for your skilled editing of my letter (ID: 01/29/09).
ID improved my original submission.
Bruce R. Mulraney Los Angeles, CA

(e) Dear Editor:
In reference to Robert Yang's letter (01/28/09 ID) "Unproductive"
parents and relatives of U.S. citizens and Permanent Residents
living off Medicare and Social Security checks. Tsk. Tsk. Tsk.
First of all, many parents are not elderly, many relatives are
not elderly. Most come and work. Even a parent that comes and
does not work outside the home often becomes the babysitter for
the USC grandchildren so that their parents can both work and
make a living. By entrusting the children to their grandparents
instead of strangers or the sometimes sterile atmosphere of
corporate daycare, the children are usually better cared for and
family ties are strengthened. The result is often less juvenile
delinquency, and higher acheivement. I don't see that as a
negative. As for the Medicare and Social Security checks,
permanent residents are not eligible to petition parents under
ordinary immigration, only U.S. citizens can sponsor thier
parents. Those U.S. citizens file Affidavits of Support which
promise that they will care for the parent or relative until they
become a citizen or leave the country. Most Permanent Residents
themselves are not eligible for any public benefits for 5 to 10
years. There are only a few ways you might see an elderly
immigrant getting Medicare or Social Security checks. They might
already be a U.S. citizen; they might have come as a refugee or
asylee (which is not an easy way to come, fleeing war,
persecution, torture, etc and is granted by the U.S. government);
their spouse may be or have been a U.S. citizen and maybe a few
other ways but most do not fall into these categories. So, I am
not sure who are all of these parents and relatives you see who
are unproductive and living off of Medicare and Social Security
checks unless they have earned it.
Natalie
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. 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.
_________________________________________________________________
ILW.COM - The immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 01:17 PM | Permalink | Comments (2) | TrackBack (0)

Jan 29 - Ellis Island Of The West

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

January 29, 2009

Items:
1. Comment: Ellis Island Of The West
2. Focus: New 2008-2009 Edition For Immigration Practice By
    Robert C. Divine
3. Articles:
    (a) Consular Corner: January 2009 by Liam Schwartz
    (b) Perspective - We Win One (So Far) by Sheldon Richman for
    the Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4. News:
    (a) Scialabba Memo On Child Soldiers Accountability Act
    (b) Langlois Memo On Revised Credible Fear Quality Assurance
    Review Categories
5. Classifieds:
    (a) Case Management Technology
6. Headlines:
    (a) Gillibrand's Immigration Views Draw Fire
    (b) Owner Of Bianco Sentenced To Prison
    (c) Chicago Immigration Activist Marks Year In Church
    (d) Human Rights Group: "The Clock is Ticking, President
    Obama."
7. ComingsNGoings:
    (a) Immigration Event - Washington, DC
8. Letters From:
    (a) Sid Lachter, Esq.
    (b) Roger Algase, Esq.
    (c) Robert Yang
    (d) KO
    (e) Bruce R. Mulraney
    (f) N. McCourt

http://www.ilw.com/immigdaily/digest/2009,0129.shtm

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Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
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_________________________________________________________________
1. COMMENT

Ellis Island Of The West

Associated Press
http://www.google.com/hostednews/ap/article/ALeqM5hlCihHp-38KdIyEEfLlMF0d3QhAAD95VM8906
reports "The Angel Island Immigration Station, once known as the
'Ellis Island of the West,' is reopening after a multimillion-
dollar restoration of the historical landmark aimed at showing
visitors a chapter of American history that many would rather
forget... The station was built on Angel Island, a short boat
ride from San Francisco, to help enforce the Chinese Exclusion
Act of 1882 and other laws aimed at curbing immigration at a time
when Americans were worried about immigrants stealing jobs and
depressing wages... Hundreds of thousands of immigrants, mostly
from Asia, were detained on the largest island in San Francisco
Bay for days, weeks and sometimes months in the three decades
before World War II."

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

New 2008-2009 Edition For Immigration Practice By Robert C.
Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam
http://www.ilw.com/store/immigrationpractice.shtm
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.
http://www.ilw.com/store/immigrationpractice.shtm
To order by fax, see here.
http://www.ilw.com/store/immigrationpractice.pdf
_________________________________________________________________
3. ARTICLES

(a) Consular Corner: January 2009

Liam Schwartz writes "We're pleased to present the latest in our
series of interviews introducing the reader to the people who run
and manage the visa application process."
http://www.ilw.com/articles/2009,0129-schwartz.shtm
http://www.lsa-law.com/

(b) Perspective - We Win One (So Far)

Sheldon Richman for the Foundation For Economic Education writes
"May the government declare a US resident an "enemy combatant,"
throw him in a military prison indefinitely, and never charge him
with a crime--all without judicial review?"
http://www.ilw.com/articles/2009,0129-richman.shtm
http://fee.org/

(c) Bloggings On Immigration Law And Policy

Greg Siskind shares the latest entries as of January 27, 2009 on
his immigration law and policy blog.
http://www.ilw.com/articles/2009,0129-siskind.shtm
http://blogs.ilw.com/gregsiskind

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

(a) Scialabba Memo On Child Soldiers Accountability Act

A memo from USCIS Associate Director, Refugee, Asylum &
International Operations Lori Scialabba provided notification and
a brief overview of the provisions of the Child Soldiers
Accountability Act of 2008 (CSAA), Public Law 110-340, which was
signed into law and became effective on October 3, 2008.
http://www.ilw.com/immigdaily/news/2009,0129-scialabba.pdf

(b) Langlois Memo On Revised Credible Fear Quality Assurance
Review Categories

A memo from the Chief of Asylum Division of the USCIS, Joseph E.
Langlois, modified the categories of credible fear determinations
that must be sent to the Asylum Division Training, Research, and
Quality (TRAQ) Branch for quality assurance (QA) review prior to
the issuance of a final determination. In addition, the
memorandum announced new procedural requirements for all
determinations. These changes will be effective as of December
23, 2008.
http://www.ilw.com/immigdaily/news/2009,0129-langlois.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) 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
email mailto:info@inszoom.com.
_________________________________________________________________
6. Headlines

(a) Gillibrand's Immigration Views Draw Fire

During her one term in the House of Representatives, from a
largely rural, traditionally Republican district, Kirsten E.
Gillibrand was on safe political ground adopting a tough stance
against illegal immigration.

(b) Owner Of Bianco Sentenced To Prison

A federal judge, taking into account Francesco Insolia's plea
that he is a "decent, hard-working man," yesterday sentenced the
former New Bedford factory owner to spend a year and a day in
prison.

(c) Chicago Immigration Activist Marks Year In Church

Flor Crisostomo has quietly spent the last year inside a Chicago
church writing letters, meeting with school groups and organizing
political demonstrations toward her goal of U.S. Immigration
reform.

(d) Human Rights Group: "The Clock is Ticking, President Obama."

Found on the organization's Web site, www.respectrespeto.org, the
clock will keep track of every minute after President Obama's
inauguration until the country passes the immigration reform
legislation so desperately needed.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0129.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) Immigration Event - Washington, DC
Maggio & Kattar is pleased to announce its first monthly
Immigration Community Forum which will take place on Wednesday,
January 28, 2009 from 12 PM - 2 PM. Maggio & Kattar attorneys,
Elizabeth Quinn and Melissa Frisk, join area experts Elizabeth
Keyes, Staff Attorney at WEAVE (Women Empowered Against
Violence), Deepa Bijpuria, Project Director of The Multi-Ethnic
Domestic Violence Project, The Women's Law Center of Maryland,
and Natalie Nanasi, Fellow, Tahirih Justice Center to discuss
changes brought about by the interim "T" and "U" visa
regulations. This event will take place at Maggio & Kattar, 11
Dupont Circle, NW, Washington, DC 20036. www.maggio-kattar.com.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Anti-Obamites say that Article ii of the Constitution lists two
categories of citizens - natural born citizens, and citizens of
the United States - and that the first category includes only
citizens with two citizen parents. In fact, the second category
is not citizens of the United States. It is citizens of the
United States "at the time of the adoption of this Constitution."
That category no longer exists because it died off about 150
years ago, leaving just one category of presidency-eligible
citizens - those who are citizens by birth, not by
naturalization. Citizens by birth are citizens in all respects
by virtue of the 14th Amendment, and the citizenship of their
parents is irrelevant no matter how strenuously anti-Obamites
misquote both case law and the Constitution.
Sid Lachter, Esq.

(b) Dear Editor:
Contrary to Mario Apuzzo's letter (01/28/09 ID), one would be
hard put to find a single sentence anywhere in the lengthy 1898
Supreme Court Wong Kim Ark decision, which contains one of the
most exhaustive discussions of 500 years of Anglo-American
citizenship law imaginable, that distinguishes between the
concept of a "natural born citizen" of the US under Article 2 of
the Constitution and that of a US citizen by birth in the US
under the 14th Amendment. On the contrary, every time the
majority decision mentions this issue, it makes clear that these
two concepts are interchangeable. Nor does Mr. Apuzzo's letter
find any support for this distinction in the dissenting opinion,
even though the dissenting Justices agreed with Mr. Apuzzo's
letter's conclusion about who is a US citizen at birth for
exactly the opposite reason, namely that there was no distinction
between these two Constitutional provisions concerning the issue
of citizenship by birth in the US. Specifically, the dissent
argued that if someone born in the US to Asian parents (who could
not become US citizens under the Chinese Exclusion laws) were
recognized as a US citizen by birth under the 14th amendment,
then he would also be eligible to become President as a "natural
born citizen" of the US under Article 2. This was, to put it
mildly, not a result that the dissenting Justices wished to see
come about. Therefore, the proposition in Mr. Apuzzo's letter,
namely that one can be a US citizen by birth under the 14th
Amendment but still somehow fail to be a "natural born citizen"
of the US in order to be eligible to become President under
Article 2, is out all by itself on a very fragile limb when it
comes to Constitutional interpretation.
Roger Algase, Esq.
New York, NY

(c) Dear Editor:
We need to simplify our immigration by using merits based point
system for everyone and stop the family based chain immigration.
It's very unfair to let any Americans or US legal residents to
sponsor their elderly, sick, disable or unproductive foreign
parents or relatives to come here and start collecting medicare
and social security checks. Citizens or legal US residents who
want to sponsor their parents must demonstrate that they're
financially capable to take care all the needs of their parents
and have met certain income level and net worth. Their parents
will be given renewable long term resident visas instead of
greencard, they can't never sponsor their other children to come
to US, the siblings of US citizens will now be able to immigrate
based on their own merits and skills based system. The coming CIR
must have provision that all illegal immigrants will be given
only 6 years temporary residents status, and those who want to be
permanent residents must meet certain requirements like health
insurance coverage, being self sufficient and paying all taxes,
English proficiency proven by out of their own pocket TOEFL test
and good moral characters. Those who have higher merits will get
their permanent status faster but no earlier than 6 years.
Robert Yang

(d) Dear Editor:
In less than 3 months, H-1B visas will be filed for thousands of
cheap foreign workers taking away American jobs in the midst of
the worst U.S. recession since World War II. The annual cap is
65,000 visas though employers keep claiming there are never
enough qualified American workers available and the cap should be
increased or eliminated. With unemployment on the verge of double
digits how can any respectable U.S. employer say there are no
qualified American workers to fill these jobs today?
KO

(e) Dear Editor:
I disagree with the statement in Mario Apuzzo, Esq.'s letter
(01/28/09 ID) that "even if Obama was born in the US, he is not a
Presidential Article II "natural born Citizen" because his father
was not a USC when Obama was born." .     At the Immigration
Officer's Basic Training Course (IOBTC) at the Federal Law
Enforcement Training Center (FLETC) in Glynco, Georgia,
Immigration Officers were taught that a child born in the United
States was a US citizen by virtue of birth in the US unless one
of four exceptions applied. These exceptions are:     1) The
child was born to diplomats in the US with full diplomatic
immunity; 2) The child was born to a foreign Head of State who
was in the US on an official visit; 3) The child was born on a
foreign public vessel in US waters; or, 4) The child was born to
alien members of an enemy force in hostile occupation of US
territory.     Note that having an alien parent is not one of
these exceptions.     I realize that Article II does not clarify
the term "natural born Citizen" but does anyone expect the courts
to interpret it as being more restrictive than birth in the
United States?       The framers wrote Article II with the
history of 18th Century Poland in mind. Poland was an elective
monarchy.   The nobility frequently elected foreign aristocratic
candidates sponsored by one of the Polish Kingdom's neighbors,
i.e., Russia, Prussia or Austria. Once elected, the new king was
only too happy to sacrifice Poland's interests for his foreign
patron. This is what the framers wanted to prevent.     I voted
against Mr. Obama but I cannot see how his alien father would
place him in the same category as one of the foreign-sponsored
Kings of Poland.
Bruce R. Mulraney
Los Angeles, CA

(f) Dear Editor:
Land Wayland's letter (1/26/09 ID) made reference to the Registry
date. This is INA 249 already on the books, all it needs is an
amendment, as was last made in the mid eighties to 1972. Last
year I wrote countless letters to the Senate and Congress members
regarding this, I did not receive one reply. I can only presume
that the concept is too simple for them to comprehend. I urge all
readers that this would help or anyone interested in reform to
contact their representatives and ask them to amend INA 249.
N. McCourt
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. 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.
_________________________________________________________________
ILW.COM - The immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 12:42 PM | Permalink | Comments (1) | TrackBack (0)

Jan 28 - Processing Times

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

January 28, 2009

Items:
1. Comment: Processing Times
2. Focus: H-1B For Beginners
3. Articles:
    (a) Taking Back The Streets: ICE And Local Law Enforcement
    Target Immigrant Gangs by Jessica Vaughan and Jon Feere for
    the Center for Immigration Studies
    (b) Source Of Income And Why It Matters by Paula Singer, Esq.
    (c) Immigrants Of The Week: Isabel Toledo, Itzhak Perlman,
    Yo-Yo Ma, Gabriela Montero, and Jason Wu by Greg Siskind
4. News:
    (a) EOIR Releases Asylum, Withholding Of Removal, CAT Fact
    Sheet
5. Classifieds:
    (a) Website Services
    (b) Credential Evaluation And Translation
6. Headlines:
    (a) Obama's Aunt Has Immigration Hearing In April
    (b) Utah Legislator Wants More Scrutiny Of Immigration Bill
    (c) RI Prosecutors: No Charges Over Detainee Death
    (d) Hispanic Leaders Differ On When To Expect Immigration
    Reform
7. ComingsNGoings:
    (a) New Partner - Austin, TX
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Mario Apuzzo, Esq.
    (c) Phelps Hobart
    (d) Jim Roberts
    (e) Gladys C. Farris
    (f) ASV

http://www.ilw.com/immigdaily/digest/2009,0128.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Processing Times

ILW.COM strives to be a one-stop shop for all immigration law
information. Current immigration processing times are available
on ILW.COM and include waiting times announced by the Department
of State, Department of Labor, USCIS Service Centers, USCIS
District Offices, and most recently CBP. Times from all sources
conveniently appear on one page, a useful page to bookmark. If
you have your own website, please consider linking to this page
since it will save you the effort of constantly updating this
information on your website. For our processing times page, see
here. http://www.ilw.com/govttimes/index.asp

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

H-1B For Beginners

ILW.COM is pleased to present a new 3-part telephone seminar
"H-1B For Beginners" with speakers: Karen Weinstock, Russell C.
Ford, Loan T. Huynh, Cora D. Tekach, Roger Tsai. The curriculum
is as follows:

FIRST Phone Session on February 12:
++Overview and requirements for the H-1B visa
++Understanding the cap problem, brief analysis
of cap exemptions
++Does the person qualify for an H-1B: specialty occupations,
educational and work equivalency evaluations, degree mismatch
issues, combinations
++Dual representation issues: Must the attorney represent both
parties? How to do so properly? What to do when a conflict arises?
++Is it OK to deduct attorney fees from the required wage?
++Attorney's fees issues; who is paying which fee?
++ Dealing with pre-filing gaps in employment
++Best practices for obtaining a credential evaluation

SECOND Phone Session on March 12:

++History and overview of the labor condition application
++Basic Requirements of the LCA
++Wage and benefit issues
++Prevailing wage issues in the H-1B and Labor Certification
++What is the difference between actual vs. prevailing wages?
++What is a Public Access File and what documents are included in it?
++What documents are required to be maintained for public viewing
versus audit?
++What is Benching: Maternity Leave vs. License?
++When does the payment of wage obligation begins?

THIRD Phone Session on April 9: Post Filing Issues
++How to responding to the dreaded RFE?
++Obtaining H-1B Extensions
++AC21 portability and current issues with transfers
++Dealing with gaps in employment post-filing
including lay-offs, downsizing, leaves of absence
++When can my client travel abroad and still be able to come back
to resume H-1B employment?
++Planning the case from H-1B to Permanent Residency, and why you should
++7th year H-1B extensions vs. concurrent filing of I-140 and I-1485
++How to deal with changes in the H-1B job, location, or corporate
changes?

Don't wait to register. Wednesday, February 11th is the deadline!
For more info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/200904.shtm Fax form:
http://www.ilw.com/seminars/200904.pdf
_________________________________________________________________
3. ARTICLES

(a) Taking Back The Streets: ICE And Local Law Enforcement Target
Immigrant Gangs

Jessica Vaughan and Jon Feere for the Center for Immigration
Studies write "Local governments and law enforcement agencies
that shun involvement in immigration law enforcement are missing
an opportunity to protect their communities from criminal
immigrant gang activity."
http://www.ilw.com/articles/2009,0128-vaughan.shtm
http://www.cis.org/

(b) Source Of Income And Why It Matters

Paula Singer, Esq. writes "Payers making payments to foreign
nationals have the additional task of determining if the payee is
a nonresident alien, in which case special U.S. tax withholding
and reporting rules apply."
http://www.ilw.com/articles/2009,0128-singer.shtm
http://www.windstar.com

(c) Immigrants Of The Week: Isabel Toledo, Itzhak Perlman, Yo-Yo
Ma, Gabriela Montero, and Jason Wu

Greg Siskind celebrates the achievements of these immigrants.
http://www.ilw.com/articles/2009,0128-siskind.shtm
http://www.visalaw.com/

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

(a) EOIR Releases Asylum, Withholding Of Removal, CAT Fact Sheet

The Department of Justice released a fact sheet providing basic
information on forms of relief and protection for aliens in the
US who fear persecution or torture in returning to their
homeland.
http://www.ilw.com/immigdaily/news/2009,0128-asylum.pdf
_________________________________________________________________
5. CLASSIFIEDS

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the major search engines. Our content management tool lets you
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(b) Credential Evaluation And Translation
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translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
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work experience, and position evaluations. For list of rates and
times, see:
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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
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.
_________________________________________________________________
6. Headlines

(a) Obama's Aunt Has Immigration Hearing In April

The Bush administration quietly withdrew in the weeks after
Barack Obama's election a new rule requiring high-level approval
before federal agents nationwide could arrest fugitive
immigrants.

(b) Utah Legislator Wants More Scrutiny Of Immigration Bill

After hearing impassioned testimony from dozens of advocates on
both sides of the immigration reform debate, one House member
thinks more objective, factual information is needed before Utah
allows a comprehensive immigration reform bill to become law this
July.

(c) RI Prosecutors: No Charges Over Detainee Death

Rhode Island prosecutors said Monday they would not bring any
criminal charges in the cancer-related death of an immigration
detainee at a detention facility where federal officials
acknowledged the man was mistreated.

(d) Hispanic Leaders Differ On When To Expect Immigration Reform

Hispanic leaders sent a message, and a few demands, to the new
Obama administration today at a panel discussion in Washington,DC.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0128.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) New Partner - Austin, TX
Daniel M. Kowalski, Editor-in-Chief of Bender's Immigration
Bulletin and Online Editor of BIB - Daily Edition
www.bibdaily.com, has joined the Austin office of Reina & Bates,
now known as the Reina, Bates & Kowalski Immigration Law Group.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
David D. Murray's letter (1/27/09 ID) is absolutely correct in
stating that "earned legalization" and "amnesty" are one and the
same. I support this idea, but what is the point of trying to use
euphemisms? The same is true of those who cannot bring themselves
to use the words "illegal immigrant" or even, more pejoratively,
"illegal alien", but insist on using misleading terms like
"undocumented immigrant". As the restrictionists are never tired
of pointing out, many of the ''undocumented" have plenty of
documents - just not real ones. However, there is nothing
inherent in the idea of an amnesty, even a large scale one, that
necessarily has to cause such confusion and chaos, any more than
the H-1B program needs to be the mess that our bureaucrats are
making of it because of current public and official hostility to
letting in legal skilled immigrants. The 1986 amnesty was based
on a very simple concept, made complicated only by immigration
examiners who refused to accept the fact that most applicants had
in fact been "illegal" during the prior five years, as required
to qualify for amnesty, and who instead insisted that the
"illegal status" of the applicants they were interviewing must
have somehow "expired". I even heard a story about one examiner
at the time who boasted to a colleague that he "broke" an
applicant into "admitting" that he had really been in the US
legally for the entire five year period during which the
applicant was required to show that he had been "illegal". I
trust that no enhanced interrogation techniques were used.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
The question of what is an Article II "natural born Citizen" is
not to be confused with what is an ordinary citizen under the
14^th Amendment or a Congressional Act. Article II states "No
person except a natural born Citizen, or a Citizen of the United
States, at the time of the Adoption of this Constitution shall
be eligible to the Office of President . . ." If one was not a
"natural born Citizen," and only a "Citizen of the United
States" at the time the Constitution was adopted, one could be
President only under the grandfather clause. But all children
born after 1789 have had to be "natural born Citizen," and not
only "Citizens of the United States" to be eligible to be
President. "The natives, or natural-born citizens, are those
born in the country, of parents who are citizens." _The Law of
Nations_ (1758). The _Wong Kim Ark_ decision did not deal with
the issue of what is an Article II "natural born Citizen" but
rather only with ordinary U.S. citizenship under the 14th
Amendment. Further, the father of the 14th Amendment, Rep. John
Bingham stated: " ... I find no fault with the introductory
clause [S 61 Bill], which is simply declaratory of what is
written in the Constitution, that every human being born within
the jurisdiction of the United States of parents [plural,
meaning two] not owing allegiance to any foreign sovereignty is,
in the language of your Constitution itself, a natural born
citizen ... " If Obama was born in the U.S., he is a "Citizen" of
the U.S. under the 14^th Amendment. But even if Obama was born
in the U.S., he is not a Presidential Article II "natural born
Citizen" because his father was not a USC when Obama was born.
Hence, he's not eligible to be President.
Mario Apuzzo, Esq. Jamesburg, NJ

(c) Dear Editor:
S.9 (1/12/09 ID news) doesn't look comprehensive. What are all
the anti-immigration folks up in arms about?
Phelps Hobart

(d) Dear Editor:
Responding to the ID Letters of Jan. 27th, D. Murray is correct
in standing by his definition of "CIR as a buzzword for Amnesty"
as any scheme short of the present law calling for deportation is
certainly that, regardless of what it's advocates call it or the
details. The letter's invaluable experience of the 1986 disaster
also correctly predicts an even worse one if tried now. But, the
letter's conclusion: "make it simple, quick and painless - then
shut the door" would not work either as there has never been any
substantive ability for US to shut the door. As the letter points
out, millions more came after that amnesty. Another case in point
is The Secure Fence Act of 2006 in which the DHS has built fewer
than 200 miles of fence along the U.S. border with Mexico, not
the 526 miles claimed or the total called for, according to Glenn
Spencer, of the watchdog group American Border Patrol. ABP's
aerial surveys show that some 248 miles of "vehicle fence" that
"isn't a fence at all and doesn't even stop vehicles." Not
counting useless vehicle barriers and very old 10-foot fencing,
not constructed under the Secure Border Initiative, about 200
miles actually was constructed in accordance with the
congressional mandate originally set forth. Citizens simply don't
trust government's ability or will to fulfill enforcement
promises. The thoughtful letter of R. Algase correctly discusses
the parameters of the Law and the 14th Amd. and fully answers the
inane comments of the S. Sheplov letter, who along with the R.
Gittelson letters, reminds me of juvenile temper tantrums who
demand their self centered ways and resist prudent, parental
policies and discipline with specious "reasoning". America has
every right to limit entry, enforce laws, reject CIR and deport
illegals.
Jim Roberts

(e) Dear Editor:
This time around let see what Congress and Senate Houses do. I do
not have much faith in their cooperation with the new President
but I do have faith that the President will have things done the
way he wants.
Gladys C. Farris

(f) Dear Editor:
Regarding Jim Roberts' and other comments (see 1/26/09 ID), it
boggles the mind that individuals intend the U.S. to become more
isolationist as this country and the world is in an era of
globalization that is unprecedented. Just as thousands of
immigrants are coming to the U.S. everyday to find work,
thousands of Americans leave the U.S. to find work around the
world. They are not leaving because there is no work here - they
are leaving so that they can experience what the rest of the
world has to offer. The numbers are only going to increase going
forward. Are you now saying that a person who can trace their
ancestry in the U.S. back to the Mayflower cannot claim his or
her child is a U.S. citizen simply because he chooses to work or
live somewhere else? Are you also saying that my son, a 2nd
generation American is not a citizen because his father is a
legal permanent resident? or that his child, a 3rd generation
American, may not be a citizen if he decides to marry a non-
citizen. Give me a break. It has to stop somewhere. The
current interpretation of who is and is not a citizen has worked
fine for the last 100 years.
ASV
_________________________________________________________________
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Jan 27 - Keeping Cash Flow

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

January 27, 2009

Items:
1. Comment: Keeping Cash Flow
2. Focus: Deadline Is Jan 27th For Employer Sanctions For
    Experts
3. Articles:
    (a) The EB-5: A Creative Solution To Green Card Quota
    Backlogs? by Brandon Meyer
    (b) Korean Immigrants In The US by Aaron Terrazas for
    Migration Information Source
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4. News:
    (a) DHHS Updates Poverty Guidelines
5. Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Case Management Technology
    (c) Immigration Law Certificate
6. Headlines:
    (a) U-visa Program For Crime Victims Falters
    (b) Nicholson to GOP:Rethink Immigration
    (c) NY Senator Changes Tune On Immigration
    (d) Obama To Review Rule Limiting Immigration Arrests
7. ComingsNGoings:
    (a) New Offices - Diamond Bar, CA
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Roger Algase, Esq.
    (c) Robert Gittelson
    (d) Gladys C. Farris
    (e) Sergi Sheplov

http://www.ilw.com/immigdaily/digest/2009,0127.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Keeping Cash Flow

Law.com reports "The nationwide economic downturn has brought
many businesses (and individuals) to their knees, drained the
financial resources of others and, as a result, caused more
clients to fall behind on paying legal bills." For the full
story, see here.
http://www.law.com/jsp/law/sfb/lawArticleSFB.jsp?id=1202427704154

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

Deadline Is Jan 27th For Employer Sanctions For Experts

ILW.COM is pleased to present a new 3-part telephone seminar
"Employer Sanctions For Experts" with speakers: Angelo Paparelli,
Bonnie Gibson, Douglas D. Hauer, John Quill, Batya Schwartz Ehrens
and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on January 28: E-Verify Update

++Strategic Considerations for Federal Contractors and Subs
++Does mandatory E-Verify violate IIRIRA and other laws?
++Compliance strategies for Multi-State Employers ++USCIS
Ombudsman's E-Verify Recommendations ++Successor-in-interest E-
Verify problems in mergers, acquisitions and corporate
reorganizations. ++E-Verify issues for STEM students and
traveling Adjustment of Status applicants ++Dealing with TNCs
(Tentative Non-Confirmations)

SECOND Phone Session on February 25: I-9 Update

++Key Changes in the New I-9 Form and New DHS Regulation ++E-
Verify Mandates That Change the I-9 Process ++Paper-Based versus
Electronic I-9s - Pros and Cons ++Employer Self-Audits and
Attorney Audits - Practical and Legal Concerns ++Employer
Compliance Policies and Raid-Readiness Precautions
++Constructive Knowledge: Beyond No-Match Concerns

THIRD Phone Session on March 25: Anticipating and Addressing the
Government's Fraud Detection and Enforcement Strategies

++The battle over Agency Policy: USCIS Headquarters Versus the
AAO and the Service Centers ++Dealing with Extralegal Agency
Initiatives: The Rogue RFE and    the Rewriting of Legislative
History in H-1B and L-1 Cases ++Constitutional, Statutory and
Criminal Law Strategies for Raids,    Lawsuits and Indictments
++DOL H-1B Audit Defense: Best Practices in an Era of Heightened
Enforcement ++Greeting the USCIS FDNS Field Examiner or
Contractor at the    Employer's Doorstep

Don't wait to register. Tuesday, January 27th is the deadline!
For more info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/200903.shtm Fax form:
http://www.ilw.com/seminars/200903.pdf
_________________________________________________________________
3. ARTICLES

(a) The EB-5: A Creative Solution To Green Card Quota Backlogs?

Brandon Meyer writes "The system for allocating employment-based
immigrant visas ("IV") is broken."
http://www.ilw.com/articles/2009,0127-meyer.shtm
http://www.ilw.com/articles/2009,0127-meyer.shtm#bio

(b) Korean Immigrants In The US

Aaron Terrazas for Migration Information Source writes "The
number of Korean immigrants in the United States grew 27-fold
between 1970 and 2007, from 38,711 to 1.0 million, making them
the seventh largest immigrant group in the United States after
Mexican, Filipino, Indian, Chinese, Salvadoran, and Vietnamese
foreign born."
http://www.ilw.com/articles/2009,0127-terrazas.shtm
http://www.migrationpolicy.org/

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "While there are many other danger signals
that may be considered, the above list covers many of the most
common problems encountered in labor certification processing."
http://www.ilw.com/articles/2009,0127-stewart.shtm
http://blogs.ilw.com/joelstewart

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

(a) DHHS Updates Poverty Guidelines

The Department of Health and Human Services provided an update of
the HHS poverty guidelines
to account for last calendar year's increase in prices as
measured by the Consumer Price Index.
http://www.ilw.com/immigdaily/news/2009,0127-poverty.shtm
_________________________________________________________________
5. CLASSIFIEDS

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nation's largest law firms, with 335 attorneys in eight offices
with experience in more than 45 practice areas, and represents
clients in a full range of corporate, transaction and litigation
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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
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(c) Immigration Law Certificate
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applications and to register, see here.
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_________________________________________________________________
6. Headlines

(a) U-visa Program For Crime Victims Falters

Undocumented immigrants who help law enforcement officials are
eligible, but although 13,300 people have applied, only 65
documents have been issued.

(b) Nicholson to GOP:Rethink Immigration

Former Republican National Committee Chair and Veterans Affairs
Secretary Jim Nicholson spoke out on the GOP's electoral
challenges Friday, urging Republicans to reach out to Hispanic
voters by reviewing their position on immigration.

(c) NY Senator Changes Tune On Immigration

However, the front page of the same newspaper announced on Sunday
that the senator had "softened her tone" on immigration.

(d) Obama To Review Rule Limiting Immigration Arrests

The White House is promising to reconsider a new rule requiring
high-level approval before federal immigration agents can arrest
fugitives.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0127.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) New Offices - Diamond Bar, CA
The Law Offices of Land Wayland has moved and has a new address
and new email address: Land Wayland, Guoping He Wayland, 21671
Gateway Center Drive, Suite 211, Diamond Bar, CA 91765. (909)
861 8890, Fax: (909) 861 9986, landping1@verizon.net. Our old
phone number and email address will continue to work for about
six months.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Robert Gittelson's letter (01/23/09 ID) questions my equating CIR
as a buzzword for Amnesty. I stand by that definition. I am not
into a semantics game and in fact wrote an article published in
Immigration Monthly on that subject in October of 2006. You can
call a rose another name, you can look in dictionaries and
pontificate on the interpretation of words, but in the end any
law that gives aliens a right to become a permanent resident when
other laws says they cannot, is an Amnesty, and if that is not a
pardon, I do not know what is. The problem is few immigration
practitioners were around, as was I, to experience the fiasco
created by the Amnesty of 1986 and its aftermath. Remember now,
there were only an estimated 3-million illegals at that time, not
12-million plus. To implement the 1986 Amnesty, the INS had to
rent suitable large-scale office space throughout the United
States, hire and train extra staff, deal with litigation, argue
over the interpretation of vaguely drafted regulations. After
the Amnesty was over, and the relative petitions poured in, INS
offices throughout the nation were clogged to overflowing. It was
a quagmire of a proportion that was absolutely astounding. If you
think the system is bad now, you should have seen it then. Then
there were the LUAC and MALDAF litigations, brought to right the
wrongs of the INS - stuck in the federal courts for twenty years.
In 1986 there was much less immigration traffic. Today, the
amount of resources it would take to complete legalization for
the numbers involved would be mind boggling, and because the
government can never do anything right, they will once again flub
it up and create chaos. That's why I say, make it simple, quick
and painless - then shut the door.
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
Jim Roberts' (01/26/09 ID) letter argues that the 1898 Supreme
Court decision upholding birthright US citizenship to anyone born
in the US other than the children of foreign diplomats is not
"the law", as stated in my letters, but only one of many
different possible interpretations of the law. Of course, the
Wong Kim Ark decision could have come out the other way. If the
minority opinion had prevailed, for example, Mr. Roberts'
letters' interpretations of the 14th Amendment as providing
birthright citizenship only to children whose parents were both
USC would have been correct, and Barack Obama would not have been
sworn in as 44th president . But suppose the minority view had
become the actual decision of the Court in Bush v. Gore in 2000.
In that case, there would never have been a George W. Bush
presidency (unless Governor Bush had run again and managed to
defeat President Al Gore's re-election bid in 2004). In Supreme
Court history, might have been possibilities are endless. But,
under our system, majority Supreme Court decisions are the law of
the land. However, Mr. Roberts' letter makes a valid point in its
statement that the Wong decision, handed down more than 110 years
ago, did not contemplate the possibility that there would one day
be millions of illegal immigrants in the US with US born
children. Neither, of course, did the writers of the 14th
Amendment. Therefore, I agree with Mr. Roberts' letter to the
extent that people who are unhappy with the law as it is have the
right to try to get either the US Constitution or the Supreme
Court's interpretation of it changed. Whether this would be a
good idea in the case of citizenship by birth is something about
which all of us can have differing opinions.
Roger Algase, Esq. New York, NY

(c) Dear Editor:
In my opinion, it takes a special kind of arrogance to presume
that people who's ideas differ from one's own, are therefore
guilty of having "motives that give little indication of concern
for Constitution or Country." In my opinion, when one holds the
minority opinion, it takes a special kind of "chutzpa" to presume
that myopic viewpoint, as does the letter of Jim Roberts, (ID
1/26/09). However, when one makes that statement in the same
paragraph of a letter in which they first say, "It is the
Constitution that is the law,", but then in the next sentence
says, "A new interpretation, clarification or even a revised
amendment is clearly needed today," the writer of that letter
seems to be arguing that, even though they hold the overwhelming
minority opinion on an issue, they know better, and therefore,
they should be able to rewrite the constitution to reflect their
own narrow and unpopular views, and that furthermore, anyone who
disagrees with them is against the Constitution and the United
States. Wow. The letter of Jim Roberts calls me an unpatriotic
anarchist for having the temerity to explain in my letter of
1/23/09 that there is a legal and fundamental distinction between
amnesty and earned legalization, stating, "earned legalization is
an opportunity to get right with the law, (as opposed to amnesty,
which would be an automatic pardon that forgives one's having to
get right with the law)." In my opinion, the concept of
advocating for the rights of others to get right with the law
does not make one unpatriotic. However, the concept of writing a
letter that calls another person unpatriotic for holding the
majority viewpoint on that issue, might in fact make the name
calling letter seem somewhat unpatriotic. Delusional and self
righteous might not be out of line as well.
Robert Gittelson

(d) Dear Editor:
Ignorance of the anti-immigrant population has been icon to stale
any reform for immigration. There should be a consensus or an
organization per se that can educate these population of the
damage caused to the country with their screaming and faults
blaming the nonimmigrant of the economy. Put the blame in the
big company who took the jobs and what did do to the country as
they went overseas. NAFTA has been a curse to our country, a
downfall to the economy and only greed and careless to the impact
to the country is what make us in the stage we are today.
Gladys C. Farris

(e) Dear Editor:
Roberts' letter (1/23/09 ID) reminds us "Justice Robert Jackson
wrote: "There is danger that, if the court does not temper its
doctrinaire logic with a little practical wisdom, it will convert
the constitutional Bill of Rights into a suicide pact" Wow, this
letter really goes to the extreme in every way. "The Constitution
is not silly Putty". Which translated means, you cannot wrap it
around every theory you cook up. Attribute that one to me.
Sergi Sheplov
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. 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.
_________________________________________________________________
ILW.COM - The immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 05:59 AM | Permalink | Comments (0) | TrackBack (0)

Jan 23 - Keep It Private

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

January 23, 2009

Items:
1. Comment: Keep It Private
2. Focus: Business Immigration Law
3. Articles:
    (a) Immigration And National Security: A Checklist Of
    Unfinished Reforms by Jack Martin for Federation For
    Immigration Reform
    (b) Bloggings on Nurse Immigration by Christopher T. Musillo
    of the Hammond Law Group
    (c) Immigrants Of The Day: Dr. Elias Zerhouni of Algeria,
    Florinda Donner of Germany, and Alice McGrath of Canada by
    Kevin R. Johnson
4. News:
    (a) DOL Releases H2A Stakeholder Briefing Sessions PowerPoint
    (b) DOL Issues FAQs On Supervised Recruitment
5. Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Case Management Technology
    (c) Translation Services
6. Headlines:
    (a) Immigrant Advocates Call for End to Raids
    (b) Bronx Man Accused Of Posing As Immigration Lawyer
    (c) Calls For Immigration Reform Under Obama
    (d) More On Immigration
7. ComingsNGoings:
    (a) New Offices - Miami Beach, FL
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Roger Algase, Esq.
    (c) Robert Yang
    (d) Robert Gittelson
    (e) E. Bregman

http://www.ilw.com/immigdaily/digest/2009,0123.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Keep It Private

Internet News.com reports "For the second time in four months, a
State Department employee has pleaded guilty to accessing the
personal information of citizens in the department's passport
records without proper authorization." For the full report, see
here.
http://www.internetnews.com/government/article.php/3796651/does+the+state+dept+ignore+security.htm

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

Business Immigration Law

ILW.COM is pleased to announce that "Business Immigration Law:
Strategies For Employing Foreign Nationals" edited and co-
authored by: Rodney A. Malpert and Amanda Petersen and its
companion book "Business Immigration Law: Forms and Filings"
published by Law Journal Press are now available for purchase on
ILW.COM. Contributors to the book include Tarik H. Sultan, Roger
C. Wolf, Rebecca S. Whitehouse, George N. Lester, IV, Richard A.
Gump, Jr., Leslie K. L. Thiele, Ellen G. Yost, Nancy H. Morowitz,
Vicki L. Martin-Odette. For more info, including how to order,
see here.
http://www.ilw.com/store/businessimmigrationstrategies.shtm
For the fax order form, see here.
http://www.ilw.com/store/businessimmigrationstrategies.pdf
_________________________________________________________________
3. ARTICLES

(a) Immigration And National Security: A Checklist Of Unfinished
Reforms

Jack Martin for Federation For Immigration Reform writes "Despite
the progress that has been made in tightening procedures for
screening arriving international travelers and towards more
effective border control outlined
above, there remain serious security gaps."
http://www.ilw.com/articles/2009,0123-martin.pdf
http://www.fairus.org

(b) Bloggings on Nurse Immigration

Christopher T. Musillo of the Hammond Law Group shares the latest
entries as of January 15, 2009 on his immigration law and policy
blog.
http://www.ilw.com/articles/2009,0123-hammond.shtm
http://www.hammondlawfirm.com/

(c) Immigrants Of The Day: Dr. Elias Zerhouni of Algeria,
Florinda Donner of Germany, and Alice McGrath of Canada

Kevin R. Johnson celebrates the achievements of these immigrants.
http://www.ilw.com/articles/2009,0123-johnson.shtm
http://lawprofessors.typepad.com/

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

(a) DOL Releases H2A Stakeholder Briefing Sessions PowerPoint

The Department of Labor released a stakeholder briefings
PowerPoint on the H-2A regulations that took effect on January
17, 2009.
http://www.ilw.com/immigdaily/news/2009,0123-ETA.pdf

(b) DOL Issues FAQs On Supervised Recruitment

The Department of Labor's Office of Foreign Labor Certification
issued frequently asked questions on supervised recruitment.
http://www.ilw.com/immigdaily/news/2009,0123-recruitment.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP
http://www.stinson.com
seeks an experienced paralegal to assist in case management and
preparation of a wide range of employment-based immigrant and
non-immigrant petitions, PERM applications and Adjustment of
Status applications. Stinson Morrison Hecker LLP is one of the
nation's largest law firms, with 335 attorneys in eight offices
with experience in more than 45 practice areas, and represents
clients in a full range of corporate, transaction and litigation
matters. Please send resume with salary requirement to Lisa K
Lange at: mailto:llange@stinson.com.

(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
email mailto:info@inszoom.com.

(c) Translation Services
Eurasia Translations, Inc. has been proud to serve immigration
attorneys and individuals since 1993 with the translation of
personal documents, academic credentials, criminal clearance
letters, etc. Our customers can rest assured that all of our
translations are prepared in accordance with USCIS requirements
and are accompanied by a notarized certificate of accuracy. For
more information, please call 888-887-1884 or visit our website.
http://eurasia-usa.com
For a free quote, please complete
http://eurasia-usa.com/turntime_rate/turntime_form.html
or fax your document at 818-907-9763.
_________________________________________________________________
6. Headlines

(a) Immigrant Advocates Call for End to Raids

Although the demonstration featured many speeches in Spanish and
cries of "Sí se puede" - Yes we can - the crowd was also notable
for its diversity.

(b) Bronx Man Accused Of Posing As Immigration Lawyer

A Bronx man accused of posing as an immigration lawyer was
arrested Wednesday on charges of stealing money from clients who
came to him for help.

(c) Calls For Immigration Reform Under Obama

Taking to heart an inauguration speech that honored those who
"traveled across oceans in search of a new life," thousands
embarked on a campaign Wednesday to make immigration reform a
priority for the new president.

(d) More On Immigration

It is stunning to me how many people want to turn off the
mechanism that created this country.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0123.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) New Offices - Miami Beach, FL
Rolando Anillo, Esq. has opened an immigration law office in
Miami Beach, Florida. He is available at (786) 280-0276 or at
anillo@anillolaw.com.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Jim Roberts' letter (01/22/09 ID) takes the position that "an
illegal alien mother is subject to the jurisdiction of her native
country, as is her baby," citing "Slaugherhouse Cases," 83 U.S.16
Wall. 36 (1872), language which is absent in that case and , is
just not true. Mr. Roberts' letter then cites another irrelevant,
overturned case, Elk vs. Wilkins (1884), that pertained solely to
citizenship issues involving a native American, but then fails to
point out that the exclusion of native Americans from citizenship
was later eliminated by the Indian Citizenship Act of 1924. Mr.
Roberts'letter then disagrees with Mr. Algase's letter's
interpretation of Wong Kim Ark, where the US Supreme Court
decided whether an American-born person of Chinese ancestry could
constitutionally be denied U.S. citizenship. It held that under
the Fourteenth Amendment, a child born in the US of parents of
foreign descent who, at the time of the child's birth are
subjects of a foreign power but who have a permanent domicile and
residence in the US and are carrying on business in the US, and
not employed in any diplomatic/official capacity under a foreign
power, and not members of foreign forces in hostile occupation of
US territory, becomes a citizen of the US at time of birth. The
court further held that the 14th Amendment's citizenship clause
must be interpreted in light of common law that had excluded from
citizenship at birth only two classes: (1) children born to
foreign diplomats and (2) children born to enemy forces engaged
in hostile occupation of country's territory. The "subject to the
jurisdiction" phrase in the 14th Amendment specifically
encompassed these conditions The Wong court held that since none
of these conditions applied, Wong was a USC. Competent and
unbiased legal research reveals the US Supreme Court clearly
spoke long ago.
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
Jim Roberts' letter of January 22 misstates the holding in the
leading 1898 Supreme Court decision dealing with citizenship by
birth in the US, Wong Kim Ark, mentioned in my January 21 letter.
He implies that the decision in that case followed those in two
earlier Supreme Court cases, which Mr. Roberts' letter also
misreads as allegedly limiting the right of citizenship by birth
in the US to children whose parents were US citizens. In fact,
the majority opinion in Wong KIm Ark made clear that it
emphatically rejected any conclusion, including a non-binding
dictum (statement on a side issue) in the well-known
Slaughterhouse cases, to the effect that US citizenship by birth
was limited to children born in the US whose parents were US
citizens. Mr. Roberts' letter also cites another 19th Century
Supreme Court case, Elk v. Wilkins (a case dealing with members
of Indian tribes, which were considered to be foreign nations at
the time), as holding that only a child of US citizens could be
a US citizen by birth in the US. But this interpretation was
refuted by the Wong Kim Ark decision itself, which held that Elk
v. Wilkins "had no tendency to deny citizenship to children born
in the US to foreign parents of Caucasian, African or Mongolian
descent, not in the diplomatic service of a foreign country".
Nothing could be a clearer statement of law of citizenship by
birth in the US as upheld in the Wong Kim Ark decision.
Admittedly, two of the Justices in Wong Kim Ark agreed with the
restrictive view of US citizenship by birth that Mr. Roberts'
letter now proposes, namely that only a child born in the US to
US citizen parents is a US citizen by birth. But theirs was a
dissenting opinion, not the Court's decision. It was not the law,
then or now.
Roger Algase, Esq. New York, NY

(c) Dear Editor:
Mr. Roberts' letter (ID 1/21/2009) didn't mention anything about
Chinese Exclusion Act 1882 that made Chinese immigrants to the US
as "legal" and welcomed white European ancestors. If Mr. Wong Kim
Ark were of Irish or British descent then story would be
different and ended in happy ending, and off course there
wouldn't fuss about this at all. This is a fine example of
blatant racism and hypocrisy. I have nothing against white
people, but in this debate all parties should be honest with
themselves and particularly those who love to invoke God and the
Bible. Those who still can't accept Mr. Obama's eligibility to be
the 44th. US President because of the suspicion of his birth
place, they should get over it, it's too late. Why nobody
challenge this issue much earlier? There are many unjust and
stupid laws out there that need to be amended to meet better
common sense, rationale and the demand of current time. If
naturalized US citizens love their country as much as the
"native" ones and capable to be good Presidents, the laws then
need to be changed. Laws can always be amended.
Robert Yang

(d) Dear Editor:
While David Murray's letter (ID 1/22/09) is correct in it's
belief that our immigration laws should be comprehensively
reviewed as to their effectiveness in all areas, not just the
legalization provisions, it does a general disservice to the
spirit and intent of CIR by carelessly and incorrectly stating
that "CIR was a buzzword for amnesty." This letter, along with
virtually all similar writings by opponents of CIR, intentionally
and with malice aforethought, equate the long and arduous process
of earned legalization, with the automatic granting of amnesty.
Webster’s defines amnesty as "a general pardon, especially for
political offenses against a government." However, the concept as
described in the fine article by Mr. Roach, is an entirely
different animal indeed. By the letter of Mr. Murray’s own
admission, Mr. Roach’s concept is anything but automatic, and can
certainly not be accurately described as "a general pardon." In
fact, the letter of Mr. Murray goes to great lengths to attempt
to persuade the readers that the provisions in the earned
legalization concept are too difficult and arduous, and should
therefore be simplified and less difficult. I personally believe
that the process should be somewhat difficult, in order to be
effective, but not arduously so, or overly punitive. However,
since earned legalization is an opportunity to get right with the
law, (as opposed to amnesty, which would be an automatic pardon
that forgives one's having to get right with the law), then some
punitive action, such as a fine, will be appropriate.
Robert Gittelson

(e) Dear Editor:
1. Why don't we hear more about Congressman Bob Filner of San
Diego regarding his role in immigration reform? 2. Why can't the
Department of State allocate more visas for EB3 so that
Employment-based visas can go forward? 3. Why can't the very
draconian 3 and 10 year bars be repealed so that potential
legally entitled immigrants do not have to wait outside the U.S.
for such a unreasonable period for family unity purposes or
employers to be able to get their approved employees?
E. Bregman
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. 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.
_________________________________________________________________
ILW.COM - The immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 12:20 PM | Permalink | Comments (0) | TrackBack (0)

Jan 22 - Obama Pelosi And CIR

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

January 22, 2009

Items:
1. Comment: Obama Pelosi And CIR
2. Focus: US Tax Compliance For Immigrants And Employers: The
Lawyer's Complete Guide
3. Articles:
    (a) How Long Can An Immigration Judge Continue A Removal
    Proceeding For A Labor Certification To Get Approved? by
    Cyrus D. Mehta
    (b) The Golden Age At Risk by Bruce Yandle for the Foundation
    For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4. News:
    (a) President Obama Halts Regulations
    (b) CIS Ombudsman Releases QA On EB5 Investor Visas
5. Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Case Management Technology
    (c) J-1 Visa Program
6. Headlines:
    (a) Report Faults Treatment of Women Held at Immigration
    Centers
    (b) Sheriff To Keep Immigration Training Program For Deputies
    (c) Court: One Day Makes A Difference In Asylum Case
    (d) Seoul Immigration Office Gearing Up for Better Services
7. ComingsNGoings:
    (a) Submit Your Announcement
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Robert Yang
    (c) Jim Roberts

http://www.ilw.com/immigdaily/digest/2009,0122.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Obama Pelosi And CIR

Immigration advocates have been concerned about the priority that
President Obama assigns to immigration. A New York Times report
http://www.nytimes.com/2009/01/11/us/politics/11obama.html?_r=1&scp=1&sq=Economy%20May%20Delay%20Work&st=cse
dated January 10th said "On issues like immigration and climate
change, Mr. Obama may focus on narrow moves first." A more recent
report in the Arizona Daily Star
http://www.azstarnet.com/allheadlines/276450
dated January 18th says "the consensus is that the economic
crisis will put immigration on the back burner until late this
year or early 2010." All this has led to the anti-immigrationists
gleefully crowing
http://vdare.com/guzzardi/090116_amnesty.htm
that "The outlook for [CIR] is so bleak that even Obama's
'immigration transition team' - two law professors, Tino Cuellar
of Stanford University and Georgetown's Alexander Aleinikoff -
has nothing to say."

However, we have consistently held that it is Congress which
makes laws, and that the Obama administration's priorities would
serve as guidelines only for Congress, nothing more. So lets take
a look at where the Senate and the House stand. Since Democrats
took control of Congress two years ago, the Senate twice tried to
enact significant benefits - once with CIR vide Kennedy-Kyl, and
once with DREAM. Both times, the Senate failed to achieve cloture
(unlike the situation four years ago, when the Senate succeeded
in passing McCain-Kennedy), but still, at least the Senate tried.
In the current Congress, Senate Majority Leader Reid has already
signaled immigration to be a top-ten priority and introduced a
place holder bill. The contrast with the House is marked. With
Ms. Lofgren as chair of the House immigration subcommittee, few
hearings and fewer markups of any immigration benefits bills
proceeded even in subcommittee, and there was no floor vote. In
the current Congress, Rep. Lofgren has apparently been silent on
immigration benefits.

Now comes news that
http://www.rollcall.com/news/31584-1.html
Rep. Lofgren has been promoted to Chair the House Committee on
Standards of Official Conduct. It is possible that Speaker Pelosi
will permit Ms. Lofgren to keep her gavel at the Immigration
subcommittee despite the effects of her promotion on Ms.
Lofgren's time and energy. This would be unfortunate, for two
independent reasons. Firstly, it may signal that the House
Democratic leadership has decided that not much effort will be
needed in the immigration subcommittee in this Congress, thereby
permitting Ms. Lofgren to wear both hats without unduly straining
her - in this case, the House Hispanic Caucus may well see this
as a declaration of war on immigrants by the Democratic
leadership. Secondly, Ms. Pelosi has two much better options
readily at hand, both to send a message of friendship to an
important part of her caucus, and to free up Ms. Lofgren for her
now-loftier responsibilities as full Committee chair. These
alternatives are Ms. Jackson-Lee or Mr. Gutierrez as House
Immigration Subcomittee chair. Both are stalwart champions for
legalization, and it is quite likely that the House will become a
hot bed of activity on the legalization front once either of
these two takes the gavel.

We urge the Democratic leadership in the White House and both
Chambers of Congress to take heed of recent analysis of the
November 2008 election
http://www.realclearpolitics.com/articles/2009/01/election_review_part_3_the_wes.html
which shows that "according to exit poll data, Obama actually
performed about seven points worse among Hispanics in Colorado
than did Kerry" and that the Upper Midwest appears to be trending
Republican.
http://www.realclearpolitics.com/articles/2009/01/election_review_part_4_the_mid.html
The Hispanic vote continues to be important to Democratic
victories, and it will be absolutely pivotal once the country's
honeymoon with Mr. Obama fades into a memory. Acting on
immigration benefits without delay is necessary if winning in
elections is the goal, replacing the now-promoted Ms. Lofgren
with a more activist Immigration Subcommittee chair is a good
idea for pragmatic Democrats.

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

S Tax Compliance For Immigrants And Employers: The Lawyer's
Complete Guide

ILW.COM is pleased to announce a new book on tax compliance for
immigrants and employers authored by noted authority Paula
Singer. The outline is as follows:

++International Aspects of Individual U.S. Tax Returns
++A Guide for Filing IRS Forms 1042 and 1042-S
++L-1 Intracompany Transferees on U.S. Assignment
++J-1 Nonstudent Exchange Visitors Performing U.S. Services
++U.S. Taxation of H-1B Specialty Workers
++U.S. Taxation of B-1 Business Visitors
++U.S. Taxation of Foreign Students
++Tax Treaty Benefits for Foreign Nationals Performing U.S.
Services
++What You Need to Know About Exchange Visitors

For more info, including how to place a pre-publication order,
please see: http://www.ilw.com/store/tax.shtm
For info/ordering by fax, please see:
http://www.ilw.com/store/tax.pdf
_________________________________________________________________
3. ARTICLES

(a) How Long Can An Immigration Judge Continue A Removal
Proceeding For A Labor Certification To Get Approved?

Cyrus D. Mehta writes "When a noncitizen who is in violation of
status, by overstaying a visa or entering without inspection, is
placed in removal proceedings, at issue is whether an Immigration
Judge (IJ) can grant adjournments until such time that he or she
is eligible for adjustment of status through the approval of a
visa petition or labor certification application."
http://www.ilw.com/articles/2009,0122-mehta.shtm
http://www.cyrusmehta.com/

(b) The Golden Age At Risk

Bruce Yandle for the Foundation For Economic Education writes "In
spite of all this, we know that more people are experiencing
freedom than ever before."
http://www.ilw.com/articles/2009,0122-yandle.shtm
http://fee.org/

(c) Bloggings On Immigration Law And Policy

Greg Siskind shares the latest entries as of January 14, 2009 on
his immigration law and policy blog.
http://www.ilw.com/articles/2009,0122-siskind.shtm
http://blogs.ilw.com/gregsiskind

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

(a) President Obama Halts Regulations

Rahmn Emanuel on behalf of President Obama issued a memo to the
heads of executive departments and agencies requesting that all
new or pending regulations be halted.
http://www.ilw.com/immigdaily/news/2009,0122-emanuel.pdf

(b) CIS Ombudsman Releases QA On EB5 Investor Visas

CIS Ombudsman released the comments and questions from the
teleconference on EB-5 investor visas.
http://www.ilw.com/immigdaily/news/2009,0122-EB5.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP
http://www.stinson.com
seeks an experienced paralegal to assist in case management and
preparation of a wide range of employment-based immigrant and
non-immigrant petitions, PERM applications and Adjustment of
Status applications. Stinson Morrison Hecker LLP is one of the
nation's largest law firms, with 335 attorneys in eight offices
with experience in more than 45 practice areas, and represents
clients in a full range of corporate, transaction and litigation
matters. Please send resume with salary requirement to Lisa K
Lange at: mailto:llange@stinson.com.

(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
email mailto:info@inszoom.com.

(c) J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with
AIESEC United States. For 50 years, AIESEC U.S.
http://www.aiesecus.org
has offered foreign nationals the opportunity to grow both
personally and professionally by sponsoring exchange visitor
traineeships. Enjoy unparalleled customer service, including in-
depth guidance on J-1 Trainee visa regulations and the changes
effective July 2007. We also offer logistical and cultural
reception services in locations nationwide. Expect a 24-48 hr.
application processing time. The J-1 Trainee visa can be used for
individuals to participate in training programs in the following
fields: information media and communications, education, social
sciences, library science, counseling and social services,
management, business, commerce and finance, the sciences,
engineering, architecture, mathematics and industrial
occupations, public administration, and law. Attorneys interested
in learning more about AIESEC United States and the J-1 Trainee
visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.
_________________________________________________________________
6. Headlines

(a) Report Faults Treatment of Women Held at Immigration Centers

Some 300 women held at immigration detention centers in Arizona
face dangerous delays in health care and widespread mistreatment,
according to a new study by the University of Arizona, the latest
report to criticize conditions at such centers throughout the
United States.

(b) Sheriff To Keep Immigration Training Program For Deputies

Harris County Sheriff Adrian Garcia said he plans to continue a
controversial federal program that allows jailers with
specialized training to assist federal immigration agents in
screening inmates at local jails.

(c) Court: One Day Makes A Difference In Asylum Case

But the panel concluded that immigration officials and judges
should not have been counting the day Minasyan arrived in the
U.S. and thus determined he filed on time.

(d) Seoul Immigration Office Gearing Up for Better Services

Everything will be changed, including office location, manpower
and working processes, the chief said. Offices at the immigration
building will also be completely relocated.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0122.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) Submit Your Announcement
If you have a professional announcement such as: New Position,
Honors And Awards, Mergers & Acquisitions, New Office Address,
New Appointment, New Associate, New Attorney, New Partner, that
you wish to share with the Immigration Daily community, send your
professional announcement to: mailto:editor@ilw.com.
comingsNgoings announcements is a free service.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
I have long said that CIR was a buzzword for amnesty and Thomas
Roach's excellent article (01/21/09 ID) is verification of that
position. But we need more than CIR, America's immigration laws
should be totally rewritten, not patched and bandaged to
accomodate the whims of special interest groups or pork barrel
politicians pandering for the ethnic vote. I understand and
sympathize with the plight of the 12-million illegals present in
the US, but I do not advocate an amnesty as proposed - it failed
in 2008 for good reason. Although noble in its intent, the
amnesty proposed by Mr. Roach and others, requiring that the
applicant: (1) prove a strong work history in the US; (2) prove
payment of all back taxes, (3) have no serious criminal history,
(4) have no serious immigration violations, (5) learn some
English, (6) pay a significant fine, and (7) be required to go to
the back of the immigration waiting line before attaining legal
status simply will not work. First, it will not work because if
we send these people to the back of the line, it will be decades
before they legalize, and what will we do with them in the
meantime? Second, the payment of back taxes will probably
eliminate 50 to 75% of them, and proving a "strong work history"
in the US is so subjective as to create nothing but bureaucratic
confusion. If we are going to have an amnesty, just have one
simple form, a self-petition, accompanied by payroll records from
a US employer for three months prior to application showing taxes
were paid, do a criminal background check and give them a green
card. Then, write the law to say there will never again be an
amnesty and enforce our immigration laws. It is really just that
simple.
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
I'd like to remind folks here, none is immune from the
competition locally or globally, yes, include who brag themselves
as Mohawk Americans, or First Nations people (01/21/09 ID). US or
Canadian citizenships are not a sure guarantee for good jobs with
good salary and entitlements and rights to restrict other human
beings who happened to be born in India or China not to be able
to market their labor and skills for better compensation globally
from any willing buyers and consumers. None should have right to
establish labor monopoly and restrict free competition to jack up
their salaries and rip off consumers in general. Competition
should exist so none should take anything for granted, including
just being a lucky Mohawk American.Vigorous worksite enforcement
is the answer for preventing illegal immigration not walls not
jailing people, we make employers to pay fines and compensate
their undocumented workers including the cost to travel back to
their home countries, but we must get real that sending back 12
millions people means 12 millions less consumers, tax payers and
workers, mean many businesses will close down, many banks,
restaurants, groceries etc. will lose businesses. What we need
here is a common sense workable solution that I will write in my
next letters.
Robert Yang

(c) Dear Editor:
Contrary to the R. Algase Letter of Jan. 21st, the correct
interpretation of the 14th Amd. is that an illegal alien mother
is subject to the jurisdiction of her native country, as is her
baby. The Supreme Court confirmed this restricted interpretation
of citizenship in the "Slaughter-House cases" [83 US 36 (1873)
and 112 US 94 (1884)]. In Elk v.Wilkins, the claimant was
considered not an American citizen because the law required him
to be "not merely subject in some respect or degree to the
jurisdiction of the US, but completely subject to their political
jurisdiction and owing them direct and immediate allegiance". The
Court essentially stated that the status of the parents
determines the citizenship of the child. This is only common
sense. To qualify children for birthright citizenship, based on
the 14th Amd., parents must owe "direct and immediate allegiance"
to the US and be "completely subject" to its jurisdiction. In
other words, they must be US citizens. In 1889, the Wong Kim Ark
Supreme Court case once again concluded that the status of the
parents was crucial in determining the citizenship of the child.
The current misinterpretation of the 14th Amd. is based in part
upon the presumption that the Wong Kim Ark ruling encompassed
illegal aliens. In fact, it did not address this, but rather
determined an allegiance for legal immigrant parents based on the
meaning of the word domicile. Since illegal alien parents do not
have legal domicile in the US, the ruling clearly did not extend
birthright citizenship to children of illegal alien parents,
rather the ruling strengthened the original intent of the 14th
Amd. which was not to facilitate illegal aliens defying US law
and obtaining citizenship for their families, nor obtaining
benefits at taxpayer expense. Congress should clarify this to
stop the abuse.
Jim Roberts
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. 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.
_________________________________________________________________
ILW.COM - The immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 05:56 AM | Permalink | Comments (0) | TrackBack (0)

Jan 21 - Pass It On

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

January 21, 2009

Items:
1. Comment: Pass It On
2. Focus: Today Is The Deadline For PERM For Beginners
3. Articles:
    (a) Cash Flow: Ten Tips To Keep It Moving by Ed Poll
    (b) Now Is The Time For Immigration Reform by Thomas W. Roach
    (c) Immigrants Of The Week: Colin Farrel, Padmasree Warrior,
    and Vivek Kundra by Greg Siskind
4. News:
    (a) Supreme Court Grants Cert In Immigration Case
5. Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Paralegal
    (c) Credential Evaluation
    (d) Immigration Law Certificate
6. Headlines:
    (a) Bush Commutes Prison Sentences of 2 Ex-Border Agents
    (b) Death Prompts Probe Of Immigration Center
    (c) Will Obama Bring Home the Neocons?
    (d) Circuit Court's Loss Is Immigration Court's Gain
7. ComingsNGoings:
    (a) Share Your Professional News
8. Letters From:
    (a) Merrill Clark, Esq.
    (b) Samuel D. Blanco, Esq.
    (c) All Lla
    (d) Roger Algase, Esq.
    (e) Sergi Sheplov
    (f) Carolyn Beverly Kenney
    (g) Edgar Martinez

http://www.ilw.com/immigdaily/digest/2009,0121.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Pass It On

If you find Immigration Daily a valuable resource, won't you
please share it with your friends and colleagues? We thank you
for it and they will too. To begin receiving your email version
of Immigration Daily, simply submit your email address in the
text box on our homepage. http://www.ilw.com

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

Today Is The Deadline For PERM For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar
series "PERM For Beginners" with discussion leader Sofia Zneimer
and speaker Ellen Freeman, with other speakers to be announced.
The curriculum is as follows:

FIRST Phone Session on January 21: Understanding the PERM Process

++ Statutory background and agencies involved ++ Who is the
client and payment of fees ++ Purpose of the PERM process -
willing, able, qualified, and available ++ Timing of the process
- counting the days and periods ++ Considerations - alien
ownership and control, ability to pay, layoffs, internal and
external consistency, job zones, SVP, combination of duties,
educational requirements, restrictive requirements, job
requirements for current status of alien, internal and external
consistency ++ SVP, Job Zones, and what is normal ++ Business
necessity issues ++ Job description and minimal requirements ++
Filing options for form ETA 9089 ++ Document Retention
requirements

SECOND Phone Session on February 18: Preparation of the PERM
Application

++ Employer registration and attorney sub-account ++ Prevailing
Wage ++ Recruitment Plan ++ Job Order ++ Mandatory Printed Ads -
elements, placement, considerations ++ Additional steps for
professional jobs - what is a professional job anyway? ++
Recruitment Report - elements and considerations ++ Qualified US
workers ++ Audit preparedness ++ Discussion of best practices to
manage the process ++ Schedule A and Special Handling

THIRD Phone Session on March 18: PERM Sticky Issues

++ Prevailing Wage issues - private wage survey, wrong
classification, wrong salary, and other wrongs ++ Notice issues
++ Roving employees and layoffs ++ Occupation, Job Zones, and
SVP, and OES changes ++ Business Necessity and Normal
Requirements - Magic Language ++ On the job training ++ Typos
and other errors in submitted and approved labor certifications
++ Attorney-Client relationship in PERM applications ++ Attorney
consideration of applicants - do's and don'ts ++ Reconsideration
and Appeal ++ Summary of best practices

The deadline to sign up is Tuesday, January 20th.
For more info, including speaker bios, detailed curriculum, and
registration information, please see:
http://www.ilw.com/seminars/200902.shtm. Fax version:
http://www.ilw.com/seminars/200902.pdf.
_________________________________________________________________
3. ARTICLES

(a) Cash Flow: Ten Tips To Keep It Moving

Ed Poll writes "Cash is the grease that makes the business wheel
turn, and the practice of law is definitely a business."
http://www.ilw.com/articles/2009,0121-poll.shtm
http://www.lawbiz.com/

(b) Now Is The Time For Immigration Reform

Thomas W. Roach writes "2009 is the year for comprehensive
immigration reform. The stage is set, the stars are aligned and
the time is now."
http://www.ilw.com/articles/2009,0121-roach.shtm
http://www.roachlaw.com/tom.html

(c) Immigrants Of The Week: Colin Farrel, Padmasree Warrior, and
Vivek Kundra

Greg Siskind honors immigrants of the week.
http://www.ilw.com/articles/2009,0121-siskind.shtm
http://blogs.ilw.com/gregsiskind/

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

(a) Supreme Court Grants Cert In Immigration Case

The Supreme Court granted cert in Nijhawan v. Mukasey. For the
Supreme Court docket, see here.
http://www.ilw.com/immigdaily/news/2009,0121-supreme.shtm
For the 3rd Circuit opinion (No. 06-3948), see here.
http://www.ilw.com/immigdaily/cases/2009,0121-nijhawan.pdf
http://www.ilw.com/immigdaily/news/2009,0121-nijhawan.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP
http://www.stinson.com
seeks an experienced paralegal to assist in case management and
preparation of a wide range of employment-based immigrant and
non-immigrant petitions, PERM applications and Adjustment of
Status applications. Stinson Morrison Hecker LLP is one of the
nation's largest law firms, with 335 attorneys in eight offices
with experience in more than 45 practice areas, and represents
clients in a full range of corporate, transaction and litigation
matters. Please send resume with salary requirement to Lisa K
Lange at: mailto:llange@stinson.com.

(b) Help Wanted: Immigration Paralegal
Downtown Washington, DC firm
http://www.paulhaarlaw.com
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
mailto:pschwartz@paulhaarlaw.com. No calls please.

(c) Credential Evaluation
Do not order a foreign credential evaluation until you read this.
http://www.thedegreepeople.com
Career Consulting International offers credential evaluation of your
non-US degree. Fast service at low prices. Mention Immigration Daily
to receive 3-day rush service at no extra cost (reg. price $70, rush
service $70 = savings of $70). H1B and I-140 specialists.
Evaluations of 4 year degrees (72hr. rush service) only $70.00.
Also 3 year degrees combined with PGD, second degrees, or work
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http://www.thedegreepeople.com/testimonials.html to see more
testimonials. Free consultation. Call today toll free:
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(d) 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
_________________________________________________________________
6. Headlines

(a) Bush Commutes Prison Sentences of 2 Ex-Border Agents

President George W. Bush, on the eve of leaving office, commuted
the sentences of two former agents of the U.S. Border Patrol who
were convicted of shooting an unarmed Mexican drug smuggler as he
attempted to flee.

(b) Death Prompts Probe Of Immigration Center

A federal prosecutor is investigating whether staff at a Central
Falls immigration detention facility will face criminal charges
for the death of an inmate.

(c) Will Obama Bring Home the Neocons?

But on immigration, where the neoconservatives have never
abandoned their traditional liberal sympathies for the newcomer,
there is another basis for affinity.

(d) Circuit Court's Loss Is Immigration Court's Gain

One of the county's longest-serving judges with almost 20 years
on the bench, O'Malley's last day was Friday. He is moving on to
become a judge with the federal immigration court in Kansas City.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0121.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) Share Your Professional News
Send your professional announcement to: mailto:editor@ilw.com.
Examples include: New Position, Honors And Awards, Mergers &
Acquisitions, New Office Address, New Appointment, New Associate,
New Attorney, New Partner. This is a free service.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
I am an immigration attorney and favor a fairly open immigration
policy, with some surprising twists. First, I believe in
legalizing those illegally in the US, who are not criminals. I
also believe two surprising concepts. 1. I believe we need to
significantly tighten our borders. Two years ago an illegal
friend brought his newly-arrived illegal friend and new bride
from Mexico to our house during the winter for the bride to be
clothed from our teenagers' clothes. The bride literally only had
the clothes on her back and was successfully outfitted. Learning
they used a coyote to cross the border, I asked them (en
espanol): what percentage of people are getting through? They
responded that they were part of eight groups of 15-40 people
each and seven groups got through or 87.5%. With 87.5% getting
through albeit two years ago, anybody may enter the US. We need
to significantly tighten our borders. 2. If we tighten the
borders and we do not enforce visa enforcements, it will result
in the US not issuing as many visas, as the US knows that many
people will not return, which will hurt many businesses in the US
(and immigration attorneys). I met a taxi driver, who lived (I
believe) in the Bahamas for six years. The law in the wealthy
Bahamas per the taxi driver is if a person lives in the Bahamas
for seven years, the person automatically becomes a citizen.
After six years in the Bahamas, he was kicked out, preventing him
from becoming a citizen. If we enforced our visas, i.e. actively
pursuing those who violate their visas, we could then issue many
more temporary visas to satisfy the many businesses who rely upon
temporary immigrant labor. Your responses?
Merrill Clark, Esq. New York, NY

(b) Dear Editor:
I am pleasantly surprised to see, perhaps for the first time,
positive comments about President Bush (01/20/09 ID comment). And
it took only until the last business day of his 8-year presidency
for this column to recognize the principled efforts of the
President on behalf of immigrants - particularly over the
opposition of his own party. Much maligning has been done of
President Bush over the years. Then again, it's not hard to hit a
target that holds its ground. It will be interesting to see what
sort of criticism will be cast on the next president's policies,
especially when the principles upon which those policies are
grounded change with the public's temperament. Then again, is
appeasement a policy or a principle?
Samuel D. Blanco, Esq. FL

(c) Dear Editor:
Passing CIR is a dilemma for a legislature-politician (01/20/09
ID comment). Immigration is a national issue and yet lawmakers
have to look after the current temperament of their electorate
which is a local issue before casting their votes. A politician
from a small state or district could always make a noise and
derail its passage. Put simply, local issues would always trump
immigration thus in this case, the will of the majority is not
necessarily observed, which is absurd in a democracy like USA
All Lla

(d) Dear Editor:
Mario Apuzzo's letters arguing that Barack Obama is not eligible
to be President even if born in the US, because of his Kenyan
father, claim that the term "natural born citizen" of the US, as
used in Article 2 of the Constitution dealing with eligibility to
become president, is more restrictive than US citizenship by
birth in the US under the 14th Amendment (01/16/09 ID). But the
dissenting Justices in the landmark 1898 Supreme Court case of US
v. Wong Kim Ark rejected this distinction, even though they also
supported a narrow view of the 14th Amendment for the opposite,
and overtly racist, reason that reading the Amendment broadly
would have allowed someone of Asian descent to become President
as a "natural born citizen" under Article 2. Jim Roberts' recent
letter argues that someone born in the US to a foreign citizen
parent is not "subject to the jurisdiction of the United States"
within the meaning of the 14th Amendment. But the majority
decision in Wong Kim Ark read the 14th amendment as adopting the
English common law doctrine that, regardless of parents'
citizenship, anyone born in the US to parents who are not beyond
the reach of US law (such as though diplomatic immunity) is
"within the jurisdiction of the US" and therefore a US citizen by
birth. The majority opinion also relied on the racial argument
that it would be unfair to deprive a European (i.e. white) US
born child of US citizenship just because he or she might have a
foreign citizen parent. A century ago, race clearly influenced
legal thinking about US citizenship. How much has changed since?
Roger Algase, Esq. New York, NY

(e) Dear Editor:
Regarding Mr. Roberts letter's belief (01/20/09 ID) the
Government has the right to decide who gets to live happily ever
after, "the state has to draw the line somewhere regarding entry
numbers". It strikes me that it doesn't occur to this writer that
there are many places to "draw the line" but his letter's callous
belief it should be through a married couples life belies his
comment he respects the institution of marriage. Its almost as
if some of the folks who are so restrictionist in thier thinking
have elevated "the rule of law" to become a new religion that
they worship more than the rights we were given by our creator.
Restrictionists never discuss the rights of the American Citizen
in the mixed status family, its almost as if he believes you lose
your rights as a US Citizen if you choose to marry a foreign
national. Roberts letter completely skirts the real issue which
is the constitutional right of a US Citizen to family unity in
thier own country. No discussion of the other troubling issue,
the reach and scope of government interference into our daily
lives. How much is too much? If interference into mixed status
families lives is "good policy" why not all citizens marriages?
The restrictionist mindset contrives progressively more punitive
and draconian Immigration Laws, unfortunately they don't work,
and often are punative to taxpayers as well. Mr Roberts comments
are devoid of a connection to the reality of life as we live it.
People who go to school, work and live in the same community are
exposed to each other and meet and fall in love. This part of the
human equation cannot be changed because of geographical
location.
Sergi Sheplov

(f) Dear Editor:
Responding to ID's 01/20/09 comment, how hypocritical can one be?
and what an imagination you have, your parents must be oh so
proud of you, especially if any of your relatives served in our
armed forces. How about placing the blame where it belongs? right
on the backs of those so called loving parents! They knew they
were here illegally, but did it stop them from dropping those
anchor babies. You can call me racist, but know this I am 100%
American Indian. I have never screamed racism, even when being
treated as "lesser" by people like you. I am a legal citizen of
both the US and Canada. As a Mohawk Indian I did not have to
immigrate ... but I did because it was the right thing to do. I
would never have dreamed of jumping a border and expect another
Country to take care of me. Can you say that for your beloved
invaders of the US? I have had at lesat one member of my family
defend the constitution of the US since WW II, even though my
family originates in Canada. My father and his brothers earned
citizenship here in the US by defending this country. They didn't
jump a border. We are in the middle of a depression. Why should
we reward these invaders by giving them shamnesty? They have
stolen jobs by under bidding legal American citizens, they raid
our Social Services, their children receive free educations, they
are the cause of thousands of ER's being shut down by never
paying a dime to the expenses they incur. You live in some kind
of dream world. Actually, leave your dream world and walk a mile
in shoes of one the "regular Joes "out here.
Carolyn Beverly Kenney

(g) Dear Editor:
ID had to go for the fake sob story. Hasn't ID learned that they
don't work. Americans see beyond that. Besides, no one is being
separated from their family. Any child can leave the country with
their parents. Stop lying and favoring illegal aliens who are
destroying this nation daily.
Edgar Martinez
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. 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.
_________________________________________________________________
ILW.COM - The immigration portal
From the leading immigration law publisher
Over 25000 pages of free information!
http://www.ilw.com/

Posted at 12:16 PM | Permalink | Comments (1) | TrackBack (0)

Jan 20 - Farewell Mr Bush

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

January 20, 2009

Items:
1. Comment: Farewell Mr Bush
2. Focus: The H-1B Book Shipping Now
3. Articles:
    (a) Is My Client In A Period Of Stay Authorized By The
    Attorney General? It Depends On Who You Ask by Danielle Rizzo
    (b) Fixing Border Security And Immigration: A Memo To
    President-Elect Obama by Jena Baker McNeill and James Jay
    Carafano
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4. News:
    (a) DHS Publishes Correction To H-2B Final Rule
    (b) DHS Publishes Correction On Acceptable Identity Documents
    For Employment Eligibility Verification
    (c) DHS Publishes Correction To US VISIT Final Rule
5. Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Paralegal
    (c) Credential Evaluation And Translation
    (d) Case Management Technology
6. Headlines:
    (a) Immigration Officials End RI Detention Contract
    (b) Feds Plan to Take DNA Samples of Anyone Arrested for
    Immigration Violations
    (c) Immigration Issue Hurts GOP
    (d) Napolitano Outlines Immigration Policy
7. ComingsNGoings:
    (a) Immigration Event - New York, NY
8. Letters From:
    (a) Sid Lachter, Esq.
    (b) Roger Algase, Esq.
    (c)
    (d) Sergi Sheplov

http://www.ilw.com/immigdaily/digest/2009,0120.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Farewell Mr Bush

America bids farewell to President Bush on Tuesday, and welcomes
Mr. Obama to the Presidency. We pause at this moment to briefly
consider Mr. Bush's immigration record, as it will likely appear
in the long view of history. We realize that history will judge
Mr. Bush on the larger issues of keeping the country safe after
9/11, the wisdom or lack thereof of the Iraq war, the fate of
civil liberties during the Bush years, and many others. We make
no comment on any of those, our purpose is simply to take the big
picture on immigration.

As far as the executive branch is concerned, there's a lot of
well-deserved criticism to hand out. One thing stands out as
particularly bad. Immigration enforcement towards the last few
years of Mr. Bush's presidency was heavy-handed to the point of
being inhumane. Especially inhumane was the treatment of families
with young children where unweaned infants were separated from
their mothers, and parents were often arrested without provision
being made for young children in their care. Also especially
inhumane was the treatment of detained women who were often
chained to a hospital bed even when in labor. The general
treatment of immigration detainees bordered on the abusive, at
least insofaras the mentality of the custodians and their high
level supervisors is concerned. Mr. Obama would do well to
quickly and forcefully undo this deplorable chapter of our
immigration history.

The record is quite the opposite when looking at Mr. Bush's
prodigious efforts on the legislative front. In our opinion, no
President in American history has worked quite as hard and at so
high a cost as Mr. Bush, to secure immigration benefits
legislation from Congress. Despite suffering vicious attacks from
racists within the Republican party, Mr. Bush tried valiantly
several times (including with McCain-Kennedy and with Kennedy-
Kyl) to get Congress to move on immigration. Mr. Bush will
deserve some share of the credit when Congress ultimately gets
around to CIR, in the sense of being the pioneer who paved the
way, and has the arrows in his back to show for it. On this
issue, Mr. Obama would do well to follow in Mr. Bush's footsteps
and urge Congress to delay CIR not a moment longer.

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

The H-1B Book Shipping Now

THE H-1B BOOK 2008-2009 Edition, Editor Karen Weinstock, is
shipping now. The Table of Contents is as follows:

++Chapter One: Interview The Client

++Qualifying the Position as a Specialty Occupation
++Qualifying The Employee
++Meeting Wage Requirements
++Lawyer's H-1B Consultation Questionnaire Form
++Lawyer's H-1B Task Checklist

++Chapter Two: Send The Client Intake Forms And Related
Information

++Intakes Summary
++H-1B Employer Intake/Questionnaire Form
++H-1B Worker Intake/Questionnaire Form
++The Complete H-1B Process: Company Flowchart
++The H-1B Process: Company's Step-By-Step Explanation
++Explanation and instructions for spouses and children

++Chapter Three: Credentials: Verify That The Worker Has A US
Bachelor's Degree Or Equivalent

++Credentials Summary
++If the worker has a U.S. degree - no evaluation is necessary
++If the worker has a foreign degree - order credentials
evaluation
++If the H-1B petition is based on work experience or combination
- order a work experience evaluation
++List of credentials evaluation firms, web sites and phone
numbers

++Chapter Four: Determine The Prevailing Wage ++Understanding the
Prevailing Wage

++Determining the Prevailing Wage
+++O*NET, SOC, Wage Levels, Job Zone and SVP
+++SESA or SWA Wage Determination
+++FLC Data Center Wage Determination
+++Wage Determination Through Other Wage Surveys
++Practice Examples in Determination of the Prevailing Wage

++Chapter Five: Prepare And File The Labor Condition Application
(LCA)

++Introduction to the Labor Condition Application (LCA)
++Preparing and filing the Labor Condition Application (LCA)
+++Online LCA filing
+++Complete Online LCA and Receive LCA Approval Online
+++Completing the LCA: Step by Step
+++H-1B Dependent Employers Worksheet for the LCA
++ Detailed Description of Form ETA-9035E and its Obligations
++Sample of completed LCA (form ETA-9035E)
++Copy of form ETA9035CP (LCA cover pages)

++Chapter Six: Prepare The I-129, Related Forms And
Petition Letter

++Form I-129
++H supplement to Form I-129
++Form I-129 H-1B Data Collection Supplement
++Form G-28
++Form I-907 if premium processing is applicable

If the H-1B worker has a spouse and/or children:
++Form I-539
++Form I-539 Supplement 1 (if necessary for other family members)

++Chapter Seven: Send All The Forms And Petition Letter To The
Clien
t For Review & Signature

++Sample letter to client
++LCA posting notice
++Sample Letter to Employer Regarding Public Access File
++Memorandum to employers on Labor Condition Application
++Public Access File sample

Chapter Eight: Assemble The H-1B Petition And Send To The USCIS
Service Center

++General Filing Instructions (including list of service centers
and filing addresses)
++Sample Cover Letter
++H-1B Petition document checklist
++Sample list of exhibits

++Chapter Nine: Troubleshooting

++Introduction
++Request for Additional Evidence
++Dealing with the dreaded request for evidence
+++Sample Response to Request for Additional Evidence
+++Second Example of Response to Request for Additional Evidence
++I-9 Compliance, Social Security Numbers and Driver's Licenses
++Changes in H-1B Employment and Amendments
++How Mergers, Acquisitions and other corporate Transactions
Affect
the H-1B

++Chapter Ten: Post-Approval Case Management

++Summary of Post-Approval Issues
++ Sample H-1B Approval Letter to Employees that are in the U.S.
++ Sample H-1B Approval Letter to Company - Employee(s) Abroad
++ Sample H-1B Approval Letter to Employees Abroad
++ Non- Immigrant Visa Consular Processing Information Sheet

For more information about the book and to order, see here.
http://www.ilw.com/store/theh-1bbook.shtm
For the fax form, see here.
http://www.ilw.com/store/theh-1bbook.pdf
_________________________________________________________________
3. ARTICLES

(a) Is My Client In A Period Of Stay Authorized By The Attorney
General? It Depends On Who You Ask

Danielle Rizzo writes "But there is a large gray area for those
who have pending applications for adjustment of status but no
nonimmigrant status; and for those who have timely filed
applications for extension or change of status pending and whose
prior status has expired."
http://www.ilw.com/articles/2009,0120-rizzo.shtm
http://www.usvisahelp.com/home

(b) Fixing Border Security And Immigration: A Memo To President-
Elect Obama

Jena Baker McNeill and James Jay Carafano write "President-elect
Obama, we applaud your commitment to secure our nation's borders,
but securing our borders is simply one step toward protecting
America and fixing our broken immigration system."
http://www.ilw.com/articles/2009,0120-mcneill.shtm
http://www.heritage.org/

(c) Bloggings On PERM Labor Certification

Joel Stewart shares the latest entries as of January 16, 2009 on
his PERM Labor Certification blog.
http://www.ilw.com/articles/2009,0120-stewart.shtm
http://blogs.ilw.com/joelstewart/

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

(a) DHS Publishes Correction To H-2B Final Rule

The Department of Homeland Security published notice of a
correction to the H-2B final rule.
http://www.ilw.com/immigdaily/news/2009,0120-H2B.shtm

(b) DHS Publishes Correction On Acceptable Identity Documents For
Employment Eligibility Verification

The Department of Homeland Security amended its regulations
governing the types of acceptable identity and employment
authorization documents and receipts that employees may present
to their employers for completion of the Form I-9, Employment
Eligibility Verification.
http://www.ilw.com/immigdaily/news/2009,0120-employer.shtm

(c) DHS Publishes Correction To US VISIT Final Rule

The Department of Homeland Security published corrections to the
final rule which was published in the Federal Register on
December 19, 2008. The pertinent regulations relate to the
collection of biometric identifiers during the inspection of
aliens at US ports of entry.
http://www.ilw.com/immigdaily/news/2009,0120-USVISIT.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP
http://www.stinson.com
seeks an experienced paralegal to assist in case management and
preparation of a wide range of employment-based immigrant and
non-immigrant petitions, PERM applications and Adjustment of
Status applications. Stinson Morrison Hecker LLP is one of the
nation's largest law firms, with 335 attorneys in eight offices
with experience in more than 45 practice areas, and represents
clients in a full range of corporate, transaction and litigation
matters. Please send resume with salary requirement to Lisa K
Lange at: mailto:llange@stinson.com.

(b) Help Wanted: Immigration Paralegal
Downtown Washington, DC firm
http://www.paulhaarlaw.com
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
mailto:pschwartz@paulhaarlaw.com. No calls please.

(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:
http://aetsinternational.com/applicationforevaluationservices.pdf
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
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.

(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.
_________________________________________________________________
6. Headlines

(a) Immigration Officials End RI Detention Contract

Federal immigration officials have terminated their contract
with a detention facility following an investigation into the
death of an inmate, and several members of the local board that
oversees the jail have been replaced.

(b) Feds Plan to Take DNA Samples of Anyone Arrested for
Immigration Violations

Had the new DOJ policy been in place, federal officials say many
victims could have been spared.

(c) Immigration Issue Hurts GOP

President Bush on Sunday underscored what may be the single most
destructive force at work in the Republican Party: its hostility
on the issue of immigration.

(d) Napolitano Outlines Immigration Policy

Arizona Gov. Janet Napolitano, the nominee to be Homeland
Security secretary, pledged Thursday to get tougher with
employers who hire illegal workers.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0120.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) Immigration Event - New York, NY
'National Concern, Local Action: Immigrant Integration in New
York', 9:00 a.m., Thursday, February 5, 2009 The Great Hall at
Shepard Hall,City College of New York, 139th and Amsterdam Ave.,
New York, N.Y. 10031. Admittance to the conference is free,
however attendees must register in advance and registration for
the luncheon will close on January 23rd.
http://www1.ccny.cuny.edu/ci/powell/news/events.cfm.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
1. Obama publicly produced exactly what Hawaii issues to
everyone who orders a birth certificate. If it is not, in fact,
a birth certificate, neither is anyone else's and Hawaii needs
Mr. Apuzzo's help to straighten out the mess. 2. Homeland
security is under federal, not Hawaiian, jurisdiction. 3. Mr.
Apuzzo's letter states that because John McCain's and Roger
Calero's citizenship was challenged, they and their parties would
not challenge Obama's. What about the Democratic presidential
primary candidates other than Obama? All of them are
unquestionably natural born citizens, and none of them said a
word about Obama's citizenship. Please, enlighten us on why.
There must be an obvious answer that the overwhelming majority of
us are not perceptive enough to think of on our own.
Sid Lachter, Esq.

(b) Dear Editor:
Jim Roberts' 1/16/09 letter has finally come up with a seemingly
serious Constitutional argument against holding that Barack Obama
is a "natural born" US citizen, even if it is conceded that he
was born in the US. Unfortunately for those who agree with Mr.
Roberts' and Mr. Apuzzo's letters, the US Supreme Court carefully
considered this argument and explicitly rejected it more than 100
years ago, in US v. Wong Kim Ark (1898). Also unfortunately for
those who claim that racism has nothing to do with this issue,
the dissent in that case specifically relied on a overtly racist
argument to support its contrary position. Wong Kim Ark was born
in the US to parents who were both Chinese citizens, and
therefore racially ineligible to become US citizens because of
the Chinese exclusion laws. The US immigration authorities argued
that, because Mr. Wong's parents concededly owed allegiance to a
foreign power, he was not "subject to the jurisdiction of the
US", and therefore not a US citizen under the 14th Amendment,
even though born in the US. This is the same argument, as I
understand it, that Mr. Roberts' letter makes about President-
elect Obama. But the Supreme Court disagreed, holding that the
intention of the 14th Amendment was to adopt the broad view of
citizenship by birth of the English common law, which had long
held that anyone born in England was a "natural born" citizen of
England unless his parents were ambassadors or soldiers of a
foreign country. The Supreme Court expressly rejected the
contrary view of citizenship, held by some the US states before
passage of the 14th Amendment, that made the parents' citizenship
rather than the child's place of birth controlling. What would be
the point of trying to reopen this issue now, which was so
clearly settled 110 years ago?
Roger Algase, Esq. New York, NY

(c) Dear Editor:
Regarding the ID Letters of Jan.16th, S. Sheplov eloquently
defends the importance of marriage in society with which few
could disagree, certainly not myself. But Jesus taught many
things including: "Render therefore unto Ceasar the things that
are Ceasar's" (Matt. 22:21) thus acknowledging the state and it's
sovereignty in secular matters. Ideally, the state is charged
with looking after it's citizens interests including limited and
controlled entry. The state does not preclude families from
returning to their native lands to be together. Thus it is the
individual that makes the final decision to remove him/her self
from family in such situtions as the state has to draw the line
somewhere regarding entry numbers. Everyone wants a free pass. If
the letters of R. Algase sets forth uninformed, illogical,
racially biased opinions, why should his letters be exempt from
being called on it? Responding to D. Murray's letter, I would
say that my comments (1/15/09 ID) did refer to the RA
letters/opinions as is ID protocol and accurately described my
opinion regarding them. Readers can make their own assessments.
Truth has always been a defense against defamation and always
serves a "useful purpose". No letters have engaged in more "name-
calling" and baseless charges of racism than the letters of RA
who admits to being: "highly critical of Mario Apuzzo's letters
because of their stubborn and irrational refusal to follow" RA's
opinion and interpretation, flawed as they are. There is no
humble search for truth in this revealing comment, only the
dogmatic, intolerant labelling of other views as deficient. These
are facts, not personal attacks. If the blind are allowed to
lead, all "shall fall into the ditch" (Matt. 15:14).
Jim Roberts

(d) Dear Editor:
Apparently ID knows a Sergi Sheplov who is also an attorney.
However, the letter to the Editor that was written and appeared
in the 1/16/09 ID issue was written by me. I wanted to clarify I
am not an attorney nor do I play one on TV.
Sergi Sheplov
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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 1999-2008 American Immigration LLC, ILW.COM.
Send correspondence and articles to editor@ilw.com. Letters and
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Jan 16 - Make Sure You Get It

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

January 16, 2009

Items:
1. Comment: Make Sure You Get It
2. Focus: US Tax Compliance For Immigrants And Employers: The
    Lawyer's Complete Guide
3. Articles:
    (a) Bloggings on Nurse Immigration by Christopher T. Musillo
    of the Hammond Law Group
    (b) Immigrants Of The Day: John Muir of Scotland, Sonja Henie
    of Norway, and Patrick Ewing of Jamaica by Kevin R. Johnson
    (c) De-Romanticizing Our Immigrant Past: Why Claiming "My
    Family Came Legally" Is Often A Myth by Angela Kelley for the
    Immigration Policy Center
4. News:
    (a) EOIR Issues Latest Disciplinary Actions
    (b) DOS Says DV Lottery Is Now Completely Online
    (c) DHS Announces New Visa Waiver Program For Guam
5. Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Paralegal
    (c) J-1 Visa Program
6. Headlines:
    (a) Local Residents Indicted In Immigration Fraud Scheme
    (b) Napolitano To Face Immigration Questions
    (c) Dollar Signs Drive Immigration Plan
    (d) Check Immigration Status Of Everyone Involved With Police
7. ComingsNGoings:
    (a) Immigration Event - University Park, PA
8. Letters From:
    (a) Sergi Sheplov, Esq.
    (b) David D. Murray, Esq.
    (c) Roger Algase, Esq.
    (d) Mario Apuzzo, Esq.
    (e) Robert Yang
    (f) Jim Roberts

http://www.ilw.com/immigdaily/digest/2009,0116.shtm

|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
Books On Immigration Law: http://www.ilw.com/store/
Immigration Law Seminars: http://www.ilw.com/seminars/
Immigration Law Workshops: http://www.ilw.com/workshops/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
To Get Clients: http://www.ilw.com/directory/about.shtm
Advertise: http://www.ilw.com/corporate/advertise.shtm
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
_________________________________________________________________
1. COMMENT

Make Sure You Get It

Internet Service Providers (ISPs) are combating spam through a
variety of filters and blocking software to trap emails before
they even reach one's email inbox. The upshot is that many ISPs
are incorrectly categorizing legitimate email as undesired and
preventing these emails from ever reaching your inbox. If you are
experiencing email delivery issues, your ISP may have blocked
Immigration Daily delivery. To reduce the chances of this
happening to you in the future, please add Immigration Daily (
mailto:editor@ilw.com) to your email program contact list, mark
the email as "not junk" or add it to your "white list"--whichever
is applicable. This lets your ISP know that you want the email
delivered and reduces the chance of it being blocked. In spite of
this, If you do not receive your Immigration Daily issue anytime,
please contact the customer service of your ISP to report the
problem and let us know of the problem by writing to
mailto:webmaster@ilw.com.

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

US Tax Compliance For Immigrants And Employers: The Lawyer's
Complete Guide

ILW.COM is pleased to announce a new book on tax compliance for
immigrants and employers authored by noted authority Paula
Singer. The outline is as follows:

++International Aspects of Individual U.S. Tax Returns
++A Guide for Filing IRS Forms 1042 and 1042-S
++L-1 Intracompany Transferees on U.S. Assignment
++J-1 Nonstudent Exchange Visitors Performing U.S. Services
++U.S. Taxation of H-1B Specialty Workers
++U.S. Taxation of B-1 Business Visitors
++U.S. Taxation of Foreign Students
++Tax Treaty Benefits for Foreign Nationals Performing U.S.
Services
++What You Need to Know About Exchange Visitors

For more info, including how to place a pre-publication order,
please see: http://www.ilw.com/store/tax.shtm
For info/ordering by fax, please see:
http://www.ilw.com/store/tax.pdf
_________________________________________________________________
3. ARTICLES

(a) Bloggings on Nurse Immigration

Christopher T. Musillo of the Hammond Law Group shares the latest
entries as of January 13, 2009 on his immigration law and policy
blog.
http://www.ilw.com/articles/2009,0116-hammond.shtm
http://www.hammondlawfirm.com/

(b) Immigrants Of The Day: John Muir of Scotland, Sonja Henie of
Norway, and Patrick Ewing of Jamaica

Kevin R. Johnson celebrates the achievements of these immigrants.
http://www.ilw.com/articles/2009,0116-johnson.shtm
http://lawprofessors.typepad.com/

(c) De-Romanticizing Our Immigrant Past: Why Claiming "My Family
Came Legally" Is Often A Myth

Angela Kelley for the Immigration Policy Center writes "Whether
one immigrated "legally" or "illegally" depends on the laws in
effect at the time."
http://www.ilw.com/articles/2009,0116-kelley.shtm
http://www.immigrationpolicy.org/

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

(a) EOIR Issues Latest Disciplinary Actions

The Executive Office for Immigration Reform released the latest
disciplinary actions: nine attorneys were immediately suspended;
three received final orders; two were reinstated.
http://www.ilw.com/immigdaily/news/2009,0116-disciplinary.pdf

(b) DOS Says DV Lottery Is Now Completely Online

The Department of State promulgated an interim final rule,
effective January 15, 2009, changing the standard mail-in system
previously used to an entirely electronic system for the purpose
of making the process less prone to fraud, improve efficiency and
significantly reduce the processing costs to the Government.
http://www.ilw.com/immigdaily/news/2009,0116-diversity.shtm

(c) DHS Announces New Visa Waiver Program For Guam

DHS announced that the current Guam Visa Waiver Program has been
replaced with a new Visa Waiver Program for Guam and the
Commonwealth of the Northern Mariana Islands (CNMI).
http://www.ilw.com/immigdaily/news/2009,0116-guam.shtm
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP
http://www.stinson.com
seeks an experienced paralegal to assist in case management and
preparation of a wide range of employment-based immigrant and
non-immigrant petitions, PERM applications and Adjustment of
Status applications. Stinson Morrison Hecker LLP is one of the
nation's largest law firms, with 335 attorneys in eight offices
with experience in more than 45 practice areas, and represents
clients in a full range of corporate, transaction and litigation
matters. Please send resume with salary requirement to Lisa K
Lange at: mailto:llange@stinson.com.

(b) Help Wanted: Immigration Paralegal
Downtown Washington, DC firm
http://www.paulhaarlaw.com
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
mailto:pschwartz@paulhaarlaw.com. No calls please.

(c) J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with
AIESEC United States. For 50 years, AIESEC U.S.
http://www.aiesecus.org
has offered foreign nationals the opportunity to grow both
personally and professionally by sponsoring exchange visitor
traineeships. Enjoy unparalleled customer service, including in-
depth guidance on J-1 Trainee visa regulations and the changes
effective July 2007. We also offer logistical and cultural
reception services in locations nationwide. Expect a 24-48 hr.
application processing time. The J-1 Trainee visa can be used for
individuals to participate in training programs in the following
fields: information media and communications, education, social
sciences, library science, counseling and social services,
management, business, commerce and finance, the sciences,
engineering, architecture, mathematics and industrial
occupations, public administration, and law. Attorneys interested
in learning more about AIESEC United States and the J-1 Trainee
visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.
_________________________________________________________________
6. Headlines

(a) Local Residents Indicted In Immigration Fraud Scheme

Two people from Lee County have been named in a federal
indictment related to an immigration fraud scheme.

(b) Napolitano To Face Immigration Questions

During her Senate confirmation hearing today to lead the
Department of Homeland Security, Arizona Gov. Janet Napolitano
will likely face criticism that she has been lax on immigration
enforcement.

(c) Dollar Signs Drive Immigration Plan

Even if the state had money to pay for the continued
incarceration of illegal aliens, it shouldn't.

(d) Check Immigration Status Of Everyone Involved With Police

For more than a decade, Montgomery County has been a shining
light on the hill to the illegal immigration community.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0116.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.

(a) Immigration Event - University Park, PA
We invite you to attend 'Immigration in a New Administration', an
immigration symposium sponsored by the Pennsylvania State
University and Dickinson School of Law's Center for Immigrants'
Rights. 9:00 a.m.-4:15 p.m., Friday, January 30, 2009,
Auditorium, Lewis Katz Building, Pennsylvania State University,
University Park Campus, University Park, PA. Registration:
http://www.dsl.psu.edu/forms/ImmigrantRegistration.cfm. Contact:
The Center for Immigrants' Rights, 814-865-3823,
centerforimmigrantsr@dsl.psu.edu.
_________________________________________________________________
8. LETTERS

Readers are welcome to share their comments, email:
mailto:editor@ilw.com (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Re: Matt 19:6 comments by Jim Roberts 1/14/09. This verse was
referring to the social institution of Marriage which was created
by God and is the cornerstone of our society. Jesus's answer in
this verse in Matthew refers to the ordination of God of this
institution and reminds the questioners that Gods law is not to
be subverted by mans laws or interpretations. "what God has put
together let no man separate". Since God created the Heavens, the
earth, Adam and Eve and the institution of Marriage long long
before "entry policy" existed. Congress is morally and
Consitutionally wrong where Immigration Law violates the sanctity
of marriage by creating administrative barriers to US Citizen
husbands and wives (and thier progeny) living together in the
same country. The 3,10, and permanent bars that affect married US
Citizens spouses in mixed status marriages are an attack on Gods
institution. Regardless of your Religious belief these laws also
go against common sense and natural law as well. For example if
Congress came up with a law against gravity it would not keep
things from falling to the ground it would only make it "illegal
for things to fall to the ground". Similarly a law against mixed
status married couples living in the US together is going to
results in these couples doing the natural thing and it being
"illegal". So now we have married couples where the US Citizen
spouse is "harbouring a fugitive" if they remain in their home
country with an undocumented spouse. Its illogical and insane on
the face of it. There is no getting around this "entry policy" is
bad policy and again serves no state interest.
Sergi Sheplov, Esq.

(b) Dear Editor:
Here is my wish for the letters to the Editor section. I would
like to see personal attacks, rather than attacks on ideas
eliminated in ID's Letters to the Editor stopped, as they serve
no useful purpose.
David D. Murray, Esq. Newport Beach, CA

(c) Dear Editor:
While my letters have been highly critical of Mario Apuzzo's
letters because of their stubborn and irrational refusal to
follow the plain words of the 14th Amendment to the US
Constitution, which clearly makes everyone born in the US a
citizen by birth and therefore the same as a "natural born
citizen" who is eligible to be president within the meaning of
Article 2, Mr. Apuzzo's letters are models of reason and clarity
compared to those of Jim Roberts, especially judging by Mr.
Roberts' latest letter (ID 1/15). At least Mr. Apuzzo's letters
attempt to make statements that might almost superficially
resemble Constitutional arguments until one actually examines
them. However, Mr. Roberts' letters contain nothing but name
calling against anyone who says something favorable about
immigrants or their supporters. The difference between their
letters is that those of Mr. Apuzzo twist and distort legal
thinking, while those of Mr. Roberts have no substance at all
except the type of invective with which readers of his ID letters
are all too familiar.
Roger Algase, Esq. New York, NY

(d) Dear Editor:
Regarding Sid Lachter, Esq.'s 1/15/09 letter, the naysayers do
not need "professional help." What Obama has publicly produced
to date is not a birth certificate. If Hawaii Homeland Security
requires the original birth certificate to prove that one is a
"native" Hawaiian, then why cannot concerned Americans require
that Obama also produce his original birth certificate to prove
he is a "native" American? After all, did not McCain produce his
birth certificate when requested? Obama, who wants to be
President, has allowed privacy laws to trump the Constitution and
has thereby frustrated the American people's ability to properly
vet him. No court has yet to rule on the underlying merits of
any of the eligibility challenges, for courts have not been
willing to hear those cases because of standing. Hence, our
nation still does not know if there is any merit to any of the
dismissed eligibility cases and those that are still pending.
For obvious reasons, no reasonable and informed person would
expect either Republican John McCain or Socialist Roger Calero
and their respective parties to challenge Obama's eligibility,
for the former was born in Panama and the latter in Nicaragua.
Concerning Roger Algase, Esq.'s 1/15/09 ID letter, it classifies
all those who question Obama as racists. Mr. Algase's letter
indicates a failure to understand that we are a Constitutional
Republic and that it is the Constitution that should drive Mr.
Obama and not vice versa and that the color of Obama's skin is
simply irrelevant in that regard. The two simple questions are
where was Obama born? and is he an Article II "natural born
Citizen?"
Mario Apuzzo, Esq. Jamesburg, NJ

(e) Dear Editor:
I am not anti white nor a racist just because I am writing the
truth and common sense. While many so called "Christian"
conservatives always preach on us with "holier than thou"
attitudes about "sanctity of marriage" to discriminate same sex
couple rights to get married and making lifetime vow and mutual
commitments, yet they applaud harsh and inhumane immigration laws
to justify deportation of loving spouses of legal US residents or
citizens just because they violate immigration laws or had
violated ones in the past. Families got separated for years even
for life, is it called as supporting family values and sanctity
of marriage then ? Be them whites, blacks, yellows or greens
human beings, if ones think others have less human rights to
survive and look for better opportunities on this planet just
because some whiny losers that don't want any new competitors in
the neighborhood, they're the ones that should be called as
selfish and racists. I am getting tired of ones that bring Bible
verses to justify their ignorance about universal God given human
rights, please remember that Joseph, Mary, baby Jesus, Jacob and
the ancient Israelis even Abraham were once immigrants and
refugees as well on others' homelands. Don't forget the Pilgrims,
including Mr. Roberts' own ancestors from Europe. Would any
Christians here call them illegal immigrants and be deported as
soon as possible?
Robert Yang

(f) Dear Editor:
The "logic" in the letter of R. Algase (1/15/09 ID) in an attempt
to give BO a free pass on his qualifications is about as
impressive as: Some dogs have spots. My dog has spots, Therefore,
my dog is some dog. (The original used a color such as black.
brown or white, but I didn't want to be accused of racist). The
letter ignored the critical part of the 14th Amd. which limits
birthright citizenship to those: "subject to the jurisdiction
thereof". Such births of visitors or ambassadors were not
intended to be considered citizens. The letter seems unawares,
that BO's birthplace is a major controversy. The Kenyan
ambassador as well as BO's mother and other family members have
said he was born in Kenya. He attended school in Indonesia when
only citizens were able to do so. Obama has steadfastly refused
to release his original birth certificate and has shown the
willingness to spend a large amount of money on legal fees
(hiring 3 law firms to address this issue) while enduring
increasingly bad publicity by refusing to release it or any
hospital records associated with a birth in the state of Hawaii.
The certification of live birth is essentially worthless as any
sort of proof that Obama was born in the U.S. and does not prove
natural-born status. Yet that document is the only evidence that
Barack Obama has so far produced that he is in fact eligible.
Better to find out the truth now than later which would bring
into question the legality of any action taken as President.
Racebaiters have long yelled about being judged by character
content and not by skin color. Turns out, that was just a useful
sound byte, and they would prefer not to be judged at all, just
given free passes as in CIR.
Jim Roberts
_________________________________________________________________
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Send correspondence and articles to editor@ilw.com. Letters and
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January 2009

Jan 30, 2009

Feb 2 - Senator Gregg

Jan 29, 2009

Jan 30 - CIR In 2009

Jan 28, 2009

Jan 29 - Ellis Island Of The West

Jan 27, 2009

Jan 28 - Processing Times

Jan 27 - Keeping Cash Flow

Jan 22, 2009

Jan 23 - Keep It Private

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Jan 20, 2009

Jan 21 - Pass It On

Jan 16, 2009

Jan 20 - Farewell Mr Bush

Jan 15, 2009

Jan 16 - Make Sure You Get It