Immigration Daily Blog: July 2009

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July 2009

Jul 31, 2009

Aug 3 - Birthers Bolster Democrats

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

August 3, 2009

http://www.ilw.com/immigdaily/digest/2009,0803.shtm

Items:
1. Comment: Birthers Bolster Democrats
2. Focus: The Consular Posts Book, 2009-2010 Edition Shipping
    Now
3. Articles:
    (a) What Has Happened To VAWA? by John Wheat Gibson
    (b) Bloggings On Dysfunctional Government by Angelo A.
    Paparelli
    (c) Bloggings On The H-1B Visa by Anthony F. Siliato and
    Scott R. Malyk
4. News:
    (a) DOJ Immigration Litigation Bulletin: Dec 2007
5. Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Immigration Law Certificate
    (c) Website Services
6. Headlines:
    (a) It's Certifiable
    (b) Immigration Rights Activists Retool Reform Efforts
    (c) Program Helps Lift Immigration Burden Off Youths
    (d) Where Is Obama's Outrage Over The Murder Of U.S. Border
    Agent Rosas? His Silence Is Deafening
7. ComingsNGoings:
    (a) Share Your Professional News
8. Letters From:
    (a) Honza Prchal, Esq.
    (b) Roger Algase, Esq.
    (c) Name Not Provided

http://www.ilw.com/immigdaily/digest/2009,0803.shtm

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

Birthers Bolster Democrats

There are reasons why it is in the interests of President Obama
and his party to do nothing whatsoever to shut The Birthers up.
In the first place, there is absolutely nothing that Mr. Obama
could possibly do that would satisfy the conspiracy theorists,
their loud protests that they would shut up if they could see the
alleged long form birth certificate notwithstanding. Secondly,
every quantum of energy they spend on opposing Mr. Obama on this
account, is one less quantum on opposing Mr. Obama on health
care, climate change, or any other issue of importance to
Democrats. Thirdly, Mr. Obama could not invent more ridiculous
opponents no matter how hard he tried, and the Republican brand
comes across as ludicrous the more closely it is identified with
The Birthers. Any moves against this fringe group (hundreds of
thousands of nut cases, no doubt) will have to come from within
the ranks of conservatives and Republicans. We are holding our
breath.

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

The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010
Edition, shipping now, is as follows:

PART I. MAJOR CONSULAR POSTS
Chapter 1: Argentina - Buenos Aires, By Christi Hufford
Chapter 2: Armenia - Yerevan, By Alice Yardum-Hunter
Chapter 3: Australia - Sydney, By NoahKlug
Chapter 4: Brazil - Sao Paulo, By Kristina Rost
Chapter 5: Canada -Toronto, By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing, By Frederick W. Hong;
Guangzhou, By Jakob Lipman and Adam Lee;
Shanghai, By Christy Nguyen
Chapter 7: Colombia - Bogota, By Luis A. Pinilla
Chapter 8: France - Paris, By Curtis Pierce
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath;
Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince By Jose E. Latour
Chapter 11: India - Chennai, By Vic Goel;
Kolkata, By Poorvi Chothani;
Mumbai, By Priscilla Jones;
New Delhi, By Poorvi Chothani
Chapter 12: Jamaica - Kingston, By Claire D. Nilson
Chapter 13: Nigeria - Lagos, By C. Valerie Ibe
Chapter 14: Philippines - Manila, By Emmanuel S. Tipon
Chapter 15: Taiwan - Taipei, By Lesa M. Lawrence and Jessica L.
Rodriguez
Chapter 16: Trinidad and Tobago - Port of Spain, By Claire D.
Nilson
Chapter 17: United Kingdom - London, By Edward S. Gudeon
Chapter 18: Vietnam - Ho Chi Minh City, By Marc Ellis

PART II. THEORY AND PRACTICE
Chapter 1: Introduction Chapter 2: New Attorney Vulnerabilities
in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS
Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials
and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy
As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory
Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces -
Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office
Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

PART III. THE CONSULAR POSTS RESOURCES ON CD-ROM Selected
excerpts and documents: Statutes, Regulations, Foreign Affairs Manual,
Forms, Executive Orders, Department of Commerce, Department of Homeland
Security, Department of Justice, Department of Labor, Department of State,
Bureau of Labor Statistics, Customs and Border Patrol, Citizenship and
Immigration Services, Government Accountability Office, Federal Bureau
of Investigations, Immigration and Customs Enforcement,
Internal Revenue Service, The White House, ILW.COM, Miscellaneous,
Web Links

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) What Has Happened To VAWA?

John Wheat Gibson writes "Unfettered by law, BCIS bureaucrats
have converted the Violence Against Women Act and the Battered
Immigrant Women Protection Act into a David Lynch movie script."
http://www.ilw.com/articles/2009,0803-gibson.shtm
http://www.ilw.com/articles/2009,0803-gibson.shtm#bio

(b) Bloggings On Dysfunctional Government

Angelo A. Paparelli writes "Why the rush to put the immigration
squeeze on now? Is this a cynical and heartless ploy to appease
and co-opt the xenophobes in advance of the push this fall for
comprehensive immigration reform?"
http://www.ilw.com/articles/2009,0803-paparelli.shtm
http://www.seyfarth.com/index.cfm/

Anthony F. Siliato and Scott R. Malyk write "For the first time
in recent memory, USCIS has been reporting an actual decline in
the H-1B count from previous weeks."
http://www.ilw.com/articles/2009,0803-siliato.shtm
http://www.meyner.com/practiceareas/immigration.asp

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

(a) DOJ Immigration Litigation Bulletin: Dec 2007

The Department of Justice Office of Immigration Litigation
released the Dec 2007 issue of its publication, Immigration
Litigation Bulletin
http://www.ilw.com/immigdaily/news/2009,0803-OIL.pdf
_________________________________________________________________
5. CLASSIFIEDS

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(b) Immigration Law Certificate
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information on class schedules, tuition and fees, course
applications and to register, see here.
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(c) Website Services
Gain the competitive edge with your new website from INSZoom, the
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_________________________________________________________________
6. Headlines

(a) It's Certifiable

The birthers have managed to sow confusion in the minds of some
who are not lunatics, and for the latter group's benefit it is
worth clarifying matters.

(b) Immigration Rights Activists Retool Reform Efforts

Activists disappointed that the Obama administration has not
given immigration top billing are trying to yank the issue off
the back burner by pressing ahead with lobbying and legislation
plans they hope will reinvigorate reform efforts.

Today, lawyers for the nonprofit Gulfcoast Legal Services
announced a children's immigration legal defense program, GLS
Child, which is designed to help youngsters like Medrano who face
immigration problems.

(d) Where Is Obama's Outrage Over The Murder Of U.S. Border Agent
Rosas? His Silence Is Deafening

There is absolutely no justification for not discussing this
murder and the crime that is going on at our borders.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0803.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) 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 can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
The Wall Street Journal's web feature, Best of the Web Today,
July 30th piece entitled "It's Certificable" puts birtherism to
rest, to bed and all the rest of it. I also have to admit error
in reading it. I was so contemptuous of the "birther" conspiracy
claims that I stopped reading the claims and assumed jus
sanguinis (that is citizenship by parentage) settled the issue.
James Taranto's comprehensive but fair minded (and therefore more
devastating) take-down of "birther" (isn't that derogatory gay
slang for heterosexuals?) theories is excellent and should be
published in ID.
Honza Prchal, Esq. Birmingham, AL

(b) Dear Editor:
I am planning to interrupt writing to ID during August. By
September, we will see how much progress Southern racists in
Congress make in gutting any attempts at immigration reform, just
as previous Southern racists blocked civil rights legislation for
so long. On a different topic, I have recently received several
USCIS California Service Center notices purporting to deny
applications to change to or extend visitor status by applicants
who had already left the US prior to decision. In some cases, the
CSC had previously been notified by mail of the departures. It
should also be able to check Department of Homeland Security
departure records. The denial notices falsely accused applicants
who had already left the US of being unlawfully present in this
country, something that can have potentially serious immigration
consequences, and threatened to institute removal proceedings
against people who were no longer here (or, in one case, someone
who had left and later returned in a different lawful status).
Under USCIS regulations, departure from the US automatically
terminates an application to change to or extend visitor status.
Therefore, these applications were no longer pending at the time
of the purported denials. These denial letters are nothing but
attempts to intimidate people who make legitimate applications.
This reckless disregard of the truth by the CSC also seems to be
intended to make it falsely appear that people who have fully
complied with the law still have a negative immigration history,
unfairly causing them possible future problems. Congress should
investigate this evident abuse of power, which only serves an
anti-immigrant agenda.
Roger Algase, Esq. New York, NY

(c) Dear Editor:
Glad to see today's editorial on Southerners and Immigration
(08/03/09 ID comment). It is, indeed, very sad to see the
extremists in the Republican party descending to fit-throwing,
vituperations and similar child-like behavior when they don't
"get their way." - and apparently to persuade others in the party
to similar actions such as voting in a party bloc against one of
the most qualified candidates for a justice of the Supreme Court
we've had in recent history; declining an invitation from the
National Council of La Raza, particularly when this invitation
was issued after a GOP member made ridiculously inflammatory
remarks about NCLR as being equivalent to the Ku Klux Klan; bound
determination to see President Obama fail when that failure would
be all of ours as well; and on and on. The GOP seems to have a
death wish. Hopefully the more enlightened among them will take
advantage of upcoming immigration legislation to be more
thoughtful in their evaluations of what's ultimately needed and
good for the country.And, hopefully, they will contribute to a
final product which affords workable solutions to our immigration
ills -- solutions which reflect our nation's values and which
move us forward together as a nation. In remembrance of Enrique.
Name Not Provided
_________________________________________________________________
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 1999-2009 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.
_________________________________________________________________
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ILW.COM, PO Box 1830, New York, NY 10156
Over 50,000 pages of free information!
http://www.ilw.com/

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Jul 29, 2009

Jul 30 - ABA Membership Shrinking

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

July 30, 2009

http://www.ilw.com/immigdaily/digest/2009,0730.shtm

Items:
1. Comment: ABA Membership Shrinking
2. Focus: Today Is The Deadline For Withholding And Reporting
3. Articles:
    (a) Consular Corner: July 2009 by Liam Schwartz
    (b) Migration, Markets, And Governments by Stephen Davies for
    the Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4. News:
    (a) Library Of Congress Comparative Report On Passport And
    Visa Requirements
5. Classifieds:
    (a) Case Management Technology
6. Headlines:
    (a) Immigration Agendas Hidden
    (b) Push For Immigration Reform Shouldn't Wait
    (c) Illegal Immigration: A Victimless Crime?
    (d) Utah Law Firm Indicted In Case Of Visa Fraud
7. ComingsNGoings:
    (a) New Offices - New Orleans, LA
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Honza Prchal, Esq.
    (c) Olga
    (d) Jim Roberts

http://www.ilw.com/immigdaily/digest/2009,0730.shtm

ABA Membership Shrinking

According to a story in law.com,
http://www.law.com/jsp/article.jsp?id=1202432537479&thepage=1
the ABA, which already represents less than half of the attorneys
in the US, is shrinking even further. The report says: "The
association is tracking member revenue on a daily basis and so
far expects a decline of between 2,000 and 4,000 members this
year, [the ABA President] said in an interview. That's down from
408,000 at the end of the last fiscal year on Aug. 31, 2008."
This recession is a challenging time for all, as witness to which
point: at a recent immigration non-profit workshop in NYC, we
heard reports that these non-profits were cutting salaries and
laying off staff, just like law firms. While the ABA's problems
are understandable, there is an irony for immigration-related
organizations, whether law firms or non-profits, in that Congress
is closer than it has ever been in this decade to passing a large
benefits bill, and it is difficult for many to hold the line, or,
in some cases, even to hold on. For those who can hang in there,
better days may be just a few months away.

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 Withholding And Reporting

Wednesday, July 29th is the deadline for the Thursday, July 30th
phone session of "US Tax Compliance", the curriculum is as
follows:

++Why special withholding rules apply to NRAs
++What special wage-withholding rules can apply
++When FICA exceptions apply
++Who can claim tax treaty benefits
++What special reporting rules apply
++What the IRS is looking for on audits

Wednesday, June 29th is the deadline to sign up. For more info,
including speaker bios, detailed curriculum, and registration
information, please see: Online:
http://www.ilw.com/seminars/200916.shtm. Fax form:
http://www.ilw.com/seminars/200916.pdf. Don't delay, sign up
today.
_________________________________________________________________
3. ARTICLES

(a) Consular Corner: July 2009

Liam Schwartz shares 9 visa interview pet peeves.
http://www.ilw.com/articles/2009,0730-schwartz.shtm
http://www.lsa-law.com/indexen.html

(b) Migration, Markets, And Governments

Stephen Davies for the Foundation For Economic Education writes
"Migration, the movement and resettlement of people, is one of
the universals of history."
http://www.ilw.com/articles/2009,0730-davies.shtm
http://fee.org/

Greg Siskind writes "While I think the US immigration system is
badly broken and we are wasting tremendous resources fighting the
wrong battles, I have a deep respect for those in the US Border
Patrol who are acting in service to their country and often
putting their safety at risk."
http://www.ilw.com/articles/2009,0730-siskind.shtm
http://fee.org/

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

(a) Library Of Congress Comparative Report On Passport And Visa
Requirements

The Library of Congress provides a comparative analysis of
passport and visa identification requirements for Argentina,
Australia, Bahamas, France, Germany, India, Iran, Israel,
Lebanon, Mexico, Nicaragua, Russia, Sweden, the United Kingdom,
and Zambia.
http://www.ilw.com/immigdaily/news/2009,0730-passport.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, TrackerCorp
http://www.trackercorp.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@trackercorp.com.
_________________________________________________________________
6. Headlines

(a) Immigration Agendas Hidden

I recognize and I think understand how immigrants and those close
to them react strongly against what they perceive as racial bias
and intolerable intolerance of immigrants.

(b) Push For Immigration Reform Shouldn't Wait

With the Democrats in firm control of Congress and the White
House, U.S. Sen. Charles Schumer is serving as point person for
immigration reform and is showing no indication of wasting time.

Is Illegal Immigration a victimless crime? Not hardly.

(d) Utah Law Firm Indicted In Case Of Visa Fraud

A federal indictment brought Tuesday against a local immigration
attorney and his associates came as no surprise to the community
of people who work as advocates for Utah's immigrant population.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0730.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) New Offices - New Orleans, LA
As of August 1st, 2009, The Law Offices of Brenda J. DeArmas
Ricci's new address will be: Poydras Street, Suite 2375, Poydras
Tower, New Orleans, LA 70130.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Robert N. Gottfried's letter (07/29/2009 ID) reveals he has never
seen a US worker employed based on a labor certification ad. Only
once in 30 years did I have an employer who hired an ad
respondent, and in addition, they hired the alien. There now is
such a shortage of qualified personnel, the same employer wants
to know if we can run the same labor certification ad in various
cities throughout the US, not tied to labor certification. While
amidst this current recession, there may be severe unemployment
in some geographic areas, and in some occupations, there are
shortages in others, particularly in fields that require
experience. Unemployed high school graduates do not normally
compete for labor certification jobs. I don't understand what Mr.
Gottfried's letter means that the DOL should "determine if there
is a labor shortage for a particular position in a given
geographic area". Is that not what they have always done and
continue to do now? Experienced immigration lawyers know the
labor certification process is a sham, designed by the government
to placate unions and make the general public feel DOL is taking
a strong stance to insure American jobs. This is not the case.
Instead, the labor certification process is a mish-mash of
nonsensical burdensome rules and procedures that in the end
correctly certifies the vast majority of jobs, costing US
employers an arm and a leg and much frustration and delay. The
entire concept of labor certification has proven useless and
should be abolished. If Americans were truly seeking jobs that
needed protection, there would be no jobs for illegals.
Employment based visa quotas should be raised substantially and
the free market system to which Robert Yang's letter so often
refers should be allowed to work in America. Forget CIR, focus on
legal immigration
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
Mr. Latour's 7/23/09 ID letter's point acknowledging benefits and
costs in each side's arguments is excellent, but the fault not
one-sided. I have spoken at meetings of Minutemen where most of
the audience agrees that we need to make it easier to come in
legally than illegally once I am done speaking. For that matter,
most bureaucratic "antis" are less likely to be bigots than
people responding to perverse institutional incentives in my
experience. The sort of people most likely to get air-time on the
anti-immigration side are generally going to be a tad more
stringent. In my experience their opposite numbers exist among
law and journalism school denizens who want to explain every
phenomenon in terms of race or, more rarely but worse, class
struggle. TI admit to the John Hendersons of the world that
illegal aliens create a general atmosphere of lawlessness that
breed camera-grabbing responses like Sheriff Arpaio's, but let us
be honest in acknowledging the benefits of even the illegals. As
Mr. Latour's letter put it, one cannot weigh policy without
taking both costs and benefits into account. For every illegal
claiming government benefits, there is a slew performing useful
services at market prices and paying some sort of lucre (sales
tax, property tax, license fees, even income tax) into the
government fisc. Yes, as Mr. Murray's letter stated (07/28/09 ID)
the law is the law, but American immigration law makes our income
tax law or health-care regulations seem clear and
fair.Unfortunately, I am starting to fear that the odds of
systematic reform of the clunky system in the next three years
are as high as those of the latest recall petition filed against
Sheriff Joe, who is at any given time sure to be holding several
of my clients in custody.
Honza Prchal, Esq. Birmingham, AL

(c) Dear Editor:
Finally, ID showed their true colors - by using DailyKos, of all
sources, for an entry in the ID headline news "NRA Goes To Bat
For Illegal Alien Coke Dealers." (Jul 29, 2009). It is telling
that ID did not even bother to read the actual NRA letter instead
completely relying on the DailyKos "analysis" of it. I believe ID
would have better served its readership by posting the actual
letter but that is probably too much to ask from the news
organization that completely abandoned any resemblance of
unbiased information provider quite a while ago. My hope springs
eternal.
Olga Reston, VA

(d) Dear Editor:
Rather than an attempt at: "Striking a Balance Between
Immigration Enforcement and Civil Liberties" (7/29/09 ID
comment), the Police Foundation Report is yet another blatant
propaganda piece, poorly disguised as the result of a neutral
forum by selected, biased and PC correct persons to arrive at an
pre-determined conclusion - to reduce or eliminate effective
illegal entry enforcement by police at the local level. Most
front line police support the inquiry of legal status upon
probable cause and the 287(g) program and a good number of them
as well as citizens would be alive today if fully implemented.
With regards to the R. Algase letter (7/29/09 ID), why is Rev.
McDonald a "decent American" with "courage" and Sheriff Arpaio of
AZ a "racist psychopathic bully" for enforcing the laws, just
because RA falsely labels them so? Most unbiased persons would
reverse these descriptions and use less extreme language which is
why Sheriff Joe is continually re-elected and such futile recall
efforts as Rev. RM always fail. The RA letter also errs and
misleads in concluding that my racial neutral comment ( 7/28/09
ID) regarding "gated communities" referred to a "whites only" one
and the "entire US" as well. Does the RA letter claim that
opening "the gates" to "brown people" and others will have no
"environmental, economic or cultural effect"? Why do such
advocates believe that the "white" population should be
drastically diluted by unwise mass entry policies? Will the
latter then advocate for the "white" minority? As I last stated,
such extreme views and obvious exaggerations, if not
prevarications, do nothing for the immigration cause and only
creates confusion, conflict and chaos which seems to be the
purpose of some advocates.
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

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Jul 28, 2009

Jul 29 - Police Foundation

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

July 29, 2009

http://www.ilw.com/immigdaily/digest/2009,0729.shtm

Items:
1. Comment: Police Foundation
2. Focus: Today Is Deadline For Asylum For Beginners
3. Articles:
    (a) Janice Kephart for the Center for Immigration Studies by
    Janice Kephart for the Center for Immigration Studies
    (b) Quebec Adopts Special Immigration Program For
    International Students And Foreign Workers by David Cohen
    (c) Immigrant Of The Week: Shantanu Narayen by Greg Siskind
4. News:
    (a) Texas Attorney General Opinion On Tuition Eligibility For
    Undocumented
5. Classifieds:
    (a) Case Management Technology
    (b) Translation Services
6. Headlines:
    (a) New Burden Of Identity Proof For Pa. Drivers
    (b) NRA Goes To Bat For Illegal Alien Coke Dealers
    (c) AZ Gov. Resumes Budget Talks; Illegal Immigration Avoided
    (d) Immigration Services Files WARN Notice With Florida State
7. ComingsNGoings:
    (a) New Offices - San Diego, CA
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Robert N. Gottfried, Esq.

http://www.ilw.com/immigdaily/digest/2009,0729.shtm

Police Foundation

The Police Foundation's report "The Role of Local Police:
Striking a Balance Between Immigration Enforcement and Civil
Liberties" is the culmination of a national effort to bring
together law enforcement leaders, public officials, scholars, and
community stakeholders to collaboratively examine the
implications of local law enforcement of immigration laws by
reviewing practices, constitutional issues, and economic factors.
The report concludes among other things "The costs of the 287(g)
program outweigh the benefits." For the 256-page report, see
here.
http://policefoundation.org/indexStriking.html

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

Today Is Deadline For Asylum For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar
series "Asylum For Beginners, with speakers Jeff Joseph
(discussion leader), Andres Benach, Ally Bolour, H. Raymond
Fasano, Regina Germain, Ilana Greenstein and Thomas K. Ragland.
The curriculum is as follows:

FIRST Phone Session on July 29: Preparing A Well-Developed Asylum
Claim
++Preparing the client affidavit/declaration: How long should it
be?
++Defining the class of persecution: One theory or many?
++Establishing the motive of the persecutor: What does one
central reason mean?
++How do you establish the harm? Emotional harm? Economic harm
enough?
++Dealing with the one year deadline: How do you establish
changed or exceptional circumstances?
++What sources should you use to establish country conditions?
++Working with experts: Do you need one? How do you find them
and which do you use?
++Medical forensics evaluations: Are they helpful?
++Authentication of documents: What are the requirements?
++What is the attorney's role at the interview?
++Late breaking items

SECOND Phone Session on August 26: Defending the Asylum Claim in
Immigration Court
++How to deal with dual nationality
++Firm resettlement: Is there a way around this?
++Material support bar: what constitutes material support? How
to establish duress
++Extortion vs. Persecution
++Corroboration: is it required? Dealing with REAL ID
++Dealing with credibility:
++Challenging DOS letters
++Challenging adverse authentication or forensics findings
++Admissibility of Asylum Officer assessments
++Late breaking items

THIRD Phone Session on September 23: The Ever Changing Dynamic of
Social Group Claims
++FGM
++Sexual Orientation claims
++Domestic Violence: Matter of R-A-, where are we now?
++Gang cases: Are they winnable? Matter of S-E-G-
++Family as a social group
++Family planning claims
++Late breaking items

Tuesday, July 27th is the deadline to sign up. For more info,
including speaker bios, detailed curriculum, and registration
information, please see: Online:
http://www.ilw.com/seminars/200919.shtm. Fax form:
http://www.ilw.com/seminars/200919.pdf. Don't delay, sign up
today.
_________________________________________________________________
3. ARTICLES

(a) Janice Kephart for the Center for Immigration Studies

Janice Kephart for the Center for Immigration Studies writes
"Licenses often have been copied or manipulated and are subject
to vast amounts of identity theft and fraud."
http://www.ilw.com/articles/2009,0729-kephart.shtm
http://www.cis.org/taxonomy/term/203

(b) Quebec Adopts Special Immigration Program For International
Students And Foreign Workers

David Cohen writes "Quebec's Immigration Minister Yolande James,
has recently announced new regulations governing the selection of
applicants for immigration to Quebec."
http://www.ilw.com/articles/2009,0729-cohen.shtm
http://www.canadavisa.com/

Greg Siskind features select immigrants and their achievements in
this regular series.
http://www.ilw.com/articles/2009,0729-siskind.shtm
http://www.visalaw.com/

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

(a) Texas Attorney General Opinion On Tuition Eligibility For
Undocumented

Texas Attorney General Abbott issued an opinion letter on
"Whether the State of Texas may permit unauthorized aliens to
receive the benefit of in-state tuition at Texas state colleges
and universities?"
http://www.ilw.com/immigdaily/news/2009,0729-abbott.pdf
_________________________________________________________________
5. CLASSIFIEDS

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To schedule a complimentary online demo, call 925-244-0600 or
email mailto:info@inszoom.com.

(b) Translation Services
Eurasia Translations, Inc. has been proud to serve immigration
attorneys and individuals since 1993 with the translation of
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and are accompanied by a notarized certificate of accuracy. For
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For a free quote, please complete
http://www.eurasia-usa.com/quoteRequestForm.html
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_________________________________________________________________
6. Headlines

(a) New Burden Of Identity Proof For Pa. Drivers

Pennsylvania law requires applicants to prove "legal presence" in
the state before they can obtain a license or ID card. But in
some cases, proof other than Social Security numbers can be
accepted.

(b) NRA Goes To Bat For Illegal Alien Coke Dealers

The GOP, which is against "criminaliens" and "Mexicans" swarming
across our Southern border, is backing a convicted drug dealing
illegal alien and thus opposing law enforcement.

Interestingly, there is no mention of curtailing the cost of
illegal immigration in any state budget plan.

(d) Immigration Services Files WARN Notice With Florida State

Perot Systems, which operates four U.S. Department of Homeland
Security, Citizenship and Immigration Services offices in South
Florida, has notified the state of plans to lay off 97 employees
between Aug. 31 and Sept. 14.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0729.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) New Offices - San Diego, CA
Lynne R. Feldman and Jason E. Feldman are pleased to announce the
opening of Feldman Feldman & Associates concentrating in
Immigration and Nationality Law located at 2221 Camino Del Rio
South, Suite 201, San Diego, CA 92108. Phone: (619) 299-9600,
Fax:(619) 923-3277, Email: lynne@feldmanfeldman.com and
jason@feldmanfeldman.com.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Congratulations to Reverend Robert McDonald and those who stand
with him (07/28/09 ID) in having the courage to initiate long
overdue steps to recall Arizona's favorite racist psychopathic
bully, Sheriff Joe Arpaio (07/23/09 Comment). It is good to know
that there are still some decent Americans who have the guts to
stand up against hatred and intolerance, whether wrapped in the
fig leaf of supposed concern about the environment and
"overpopulation", or whether masquerading as ''law enforcement".
I would rather read the letters of Jim Roberts, which at least
are honest in their wish to turn the entire US into a whites only
"gated community" than some other letters which indignantly deny
having even the slightest taint of racial prejudice, while
insisting that the only way we can avoid environmental, economic,
"cultural" or whatever other kind of Armageddon the writers in
question see in their fevered imaginations is to shut the gates
to America firmly against brown people.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
I am writing to praise the article written by Mark E. Nerenberg
(07/28/09 ID). I totally agree with the Article's analysis of the
current labor certification system. Especially in times of high
unemployment, it is cruel to desperate American workers to
advertise for jobs that do not exist. I have been practicing
immigration law for the past 32 years, and I have never had a
case where a U.S. worker was employed based on a labor
certification ad. I believe the immigration bar should advocate
for a change in the process to return to the prior system which
had the Labor Department determine if there is a labor shortage
for a particular position in a given geographic area. That system
would be infinitely better than the current one.
Robert N. Gottfried, Esq. New York, NY
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 11:07 AM | Permalink | Comments (1) | TrackBack (0)

Jul 27, 2009

Jul 28 - The Birthers

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

July 28, 2009

http://www.ilw.com/immigdaily/digest/2009,0728.shtm

Items:
1. Comment: The Birthers
2. Focus: Asylum For Beginners
3. Articles:
    (a) Post-Conviction Relief In California After Kim And Villa
    by Norton Tooby
    (b) Scrap Labor Certification by Mark E. Nerenberg, Esq.
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4. News:
    (a) USCIS Announces 18 Month TPS Extension For Somali
    Nationals
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Immigration Law Certificate
    (c) J-1 Visa Program
6. Headlines:
    (a) Footing Illegals' Health Care
    (b) Legal Residents Await Driver's License Ruling
    (c) Illegal Status Gives Harvard Grad Few Options
    (d) Run Amok
7. ComingsNGoings:
    (a) Share Your Professional News
8. Letters From:
    (a) Nolan Rappaport, Esq.
    (b) David D. Murray, Esq.
    (c) Reverend Robert McDonald Vice-Chair
    (d) John H. Frecker
    (e) Gladys C. Farris
    (f) Jim Roberts

http://www.ilw.com/immigdaily/digest/2009,0728.shtm

The Birthers

A bizarre group of people who question Mr. Obama's eligibility to
serve as President have now created sufficient noise to get
noticed by many news organizations. We have been tracking this
group of conspiracy theorists, now called The Birthers, since
their inception, and will likely return to this issue in a future
Comment. For now, we refer our readers to three links:

++a recent Politico.com news story with the latest
http://www.politico.com/news/stories/0709/25444.html
++ Wikipedia has, as usual, a helpful summary
http://en.wikipedia.org/wiki/talk:barack_obama_citizenship_conspiracy_theories/archive_index
++ A thorough debunking of the grotesque variety of conspiracy
theories
http://www.obamaconspiracy.org/

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

Asylum For Beginners

(a) Post-Conviction Relief In California After Kim And Villa

Norton Tooby writes "This article will evaluate the state of
post-conviction relief in California, in the aftermath of the
California Supreme Court's March 16, 2009 decisions in People v.
Kim and People v. Villa."
http://www.ilw.com/articles/2009,0728-tooby.shtm
http://criminalandimmigrationlaw.com/

(b) Scrap Labor Certification

Mark E. Nerenberg, Esq. writes "A frustrated Labor Department
sometimes lashes out at the attorneys, or the immigrants, or
both, alleging a built-in bias on their parts that could affect
the "good-faith recruitment" it wants to see from the employer."
http://www.ilw.com/articles/2009,0728-nerenberg.shtm
http://www.ilw.com/articles/2009,0728-nerenberg.shtm#bio

Joel Stewart writes "The Immigration procedures for Sheepherders
(an important part of American history, culture and economy) are
complex and have always merited special attention by the U.S.
Government."
http://www.ilw.com/articles/2009,0728-stewart.shtm

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

(a) USCIS Announces 18 Month TPS Extension For Somali Nationals

USCIS announced that DHS will extend Temporary Protected Status
(TPS) for nationals of Somalia from its current expiration date
of Sept. 17, 2009 through March 17, 2011.
http://www.ilw.com/immigdaily/news/2009,0728-tps.pdf
_________________________________________________________________
5. CLASSIFIEDS

(a) Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys: 1)
Senior attorney with 3-7 years experience to manage own caseload
of employment-based immigrant and non-immigrant visa petitions
for a wide range of professionals, including research scientists,
artists/designers, athletes, IT professionals, etc, family-based
petitions, motions & EOIR matters. May also handle some
litigation matters. 2) Junior attorney with 1-3 years experience
to assist Senior attorney with business & family immigration
matters and handle personal injury/no fault and matrimonial
litigation. This position requires admission to NY Bar;
admission to NJ Bar is a +. Both positions require great
initiative and follow-through, as well as excellent writing and
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the top 1/3 of their class and have Journal experience. Salary
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requirements and a complete list of occupational categories,
visit http://www.globalcurrentexchanges.org
or email Melany Hamner at
mailto:melanyh@globalcurrentexchanges.org.
_________________________________________________________________
6. Headlines

(a) Footing Illegals' Health Care

At a time when Democrat leaders are pushing rationed care in a
world of limited resources, Americans might wonder where the call
for shared sacrifice is from illegal alien patients like those in
Los Angeles getting free liver and kidney transplants at UCLA
Medical Center.

(b) Legal Residents Await Driver's License Ruling

Like thousands of other legal Texas residents, Tercero is waiting
for court rulings in two cases that seek to stop rules linking
driver's licenses to immigration status.

Alan is among a growing number of students who have climbed to
the country's highest academic echelons only to find themselves
mired in the rancorous national debate over illegal immigration.

(d) Run Amok

The raids were supposed to be a hunt for gang members and other
dangerous criminal fugitives, but two-thirds of those arrested
were happenstance targets - Latinos with civil immigration
violations.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0728.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
The Empty Country comment (07/27/09 ID) asserts that America in
underpopulated solely on the basis of an evaluation of population
density figures, but overpopulation does not depend only on the
size or density of the population. It depends also on the ratio
of population to available sustainable resources, and on the
means of resource use and distribution used by that population.
If a given environment has a population of 10 individuals, but
there is food or drinking water enough for only 9, then in a
closed system where no trade is possible, that environment is
overpopulated. The resources to be considered when evaluating
whether an ecological niche is overpopulated include clean water,
clean air, food, shelter, warmth, and other resources necessary
to sustain life. The availability of jobs is a major
consideration also, particularly now with unemployment figures
approaching all time highs. And if the quality of human life is
addressed, additional resources need to be considered, such as
medical care, education, proper sewage treatment, and waste
disposal. Moreover, overpopulation places competitive stress on
the basic life sustaining resources, leading to a diminished
quality of life - and don't underestimate the violent
consequences of stress from overpopulation, such as road rage.
Nolan Rappaport, Esq.

(b) Dear Editor:
The debate over race will never be resolved. Some see race as the
motive for all action. OJ Simpson successfully played the "race
card" and was acquitted. Some see Sheriff Joe as a raciest, some
as a patriot. While he may appear heavy-handed to some, others
applaud him for protecting the community from a growing concern -
illegal immigration. Lawlessness breeds lawlessness and
vigilantism, while the likes of Sheriff Joe and the Minutemen
purport to operate with the law. When will the carrot of
opportunity fall from the stick of enticement and when will
rampant illegal immigration end if America does not enforce its
laws? No matter the arguments pro and con illegal immigration and
287(g), illegals are breaking the law. Most are "brown skinned" -
most are poor. Many use the welfare system, some clog our jails
and prisons remaining on the bottom rung of society, while many
work hard, providing cheap gardeners, nannies, housekeepers,
fruit pickers and factory workers - responsible people who are
trying to make a standard of living their home countries deny
them. That does not excuse breaking the law. I received
interesting statistics today, published by the office of Mike
Antonovich, Supervisor 5th District of the County of Los Angeles,
which reports that in 2008, the total paid by Los Angeles County
to illegal immigrants through the CalWORKs and Food Stamps
welfare programs was $449,956,938 - a staggering number. LA
County may be able to absorb these numbers, but what about small
communities in Kentucky, Indiana or New Jersey whose welfare
systems are pushed to the brink of bankruptcy because of the flow
of illegals who take away jobs in their communities? America
needs immigration reform (not CIR - buzzword for Amnesty) and we
need enforcement of the law, which includes penalties, not
rewards, for violating it.
David D. Murray, Esq. Newport Beach, CA

(c) Dear Editor:
Just writing to announce that we have finally filed official
recalls on Maricopa County Sheriff Joe Arpaio and Maricopa County
Attorney Andrew Thomas. We are going to let the nation and world
know that the image of ignorance and hate that Joe Arpaio, Andrew
Thomas, Pierce, Bob Burns et. al. have sent out from Arizona is a
false one. Arizona, will hence forward be a state known for Love,
humanity and justice. The image of our state is very important in
that the above individuals and their thuggish accomplices hope to
discourage nice people from moving to Arizona and instead attract
those that physically threaten and hate those that disagree with
their un-constitutional and anti-human rights behavior. In this
way, these elected "haters" will ensure themselves never getting
out of elected office. Because those that hate the constitution
and civil rights and support Joe Arpaio will out number those
that support the constitution at the ballot box. We should thank
all those politicians like Phil Gordon who stand against hate and
racism especially knowing that their going to be threatened by
these racist thugs who constantly threaten and intimidate with
violence. The racists and the un-constitutional thugs will no
longer rule our Maricopa County nor our beautiful state of
Arizona. Please, help us any way you can whether through prayer,
signing one of our petitions or helping circulate them and
getting other people to sign them. We have almost no funding
except for pennies to print the tremondous amount of petitions it
will take to get these two thugs recalled so please donate
whatever you can no donation is to small to help fight for the
constitution, human rights and justice here in Maricopa County
Arizona.
Reverend Robert McDonald Vice-Chair
arizonarecall.com

(d) Dear Editor:
Roger Algase's letter (7/22/09 ID) dismissed a study by the CIS
(Center for Immigration Studies). After a looking at CIS'
website, I assume he was referring to a report ("Backgrounder")
entitled "The Environmental Argument for Reducing Immigration to
the US", published in June, 2009. After a review of the report,
it seems to me the point of the report was to make a link between
immigration, population growth and its negative impact on the
environment. And it seems pretty well established that
immigration is the primary "driver" of population growth in this
country. In a report on 2/7/08, the Pew Research Center said, in
part: "If current trends continue, the population of the US will
rise to 438 million in 2050, from 296 million in 2005, and 82% of
the increase will be due to immigrants and their U.S.-born
descendants". It also seems pretty well established that
population growth puts more of a strain on the environment,
wherever it occurs and regardless of the composition on the
population growth.
John H. Frecker Baileyville, ME

(e) Dear Editor:
When will the general public understand that bigotry is an
essencial tool for the group of anti-immigration. I may say have
lived in this country more than my own country Panama and can
assure you even though some of the local considered me white but
can never imagine that my ethnic is "Latino". I do not know the
deception of what it is not to go anywhere in the USA because I
never felt it. But if my skin was brown I can asure you
repercussion of many types would have followed. This is just in
a small scale of living.
Gladys C. Farris

(f) Dear Editor:
ID's Comment: "The Empty Country" (all references to 7/27/09 ID)
absurd "logic" regarding relative population densities would
decree that we should have the same statistics as NYC and other
similar polyglot populations who lack the prudent policies of
limited, selective entry. Because space is available doesn't mean
it should or can be packed with matter or people as the very
Universe and other reality attests. The concept of carrying
capacity and other parameters, including water, etc., dictate
optimum numbers as well as should the desires of the existing
population, not an arrogant, presumptuous open border lobby. The
latter disserves the immigration cause by such extreme dogma and
inflammatory language towards those who advocate limited,
responsible and prudent entry policies. Exhibit A would be R.
Algase's letters which often flee from logic, using such extreme
language as "racial profiling, sadistic, psychopathic,
humiliating, victims and concentration camp" in describing
Sheriff Joe Arpaio's jail policies which people in Arizona love
as Juan's letter attests. If it is primarily "brown skin" people
who are breaking our entry laws and others, they are who should
be in jails. RA's letters are distorted by living in NYC and
inability to see matters in any other context than racism when it
is often merely free choice which is what America is supposed to
be about. Are people who live in gated communities or invite a
limited number to a party racist or are these simply matters of
free choice?
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

Posted at 01:31 PM | Permalink | Comments (0) | TrackBack (0)

Jul 24, 2009

Jul 27 - The Empty Country

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

July 27, 2009

http://www.ilw.com/immigdaily/digest/2009,0727.shtm

Items:
1. Comment: The Empty Country
2. Focus: Immigration Practice By Robert C. Divine
3. Articles:
    (a) In Memoriam: Mario F. Vazquez - November 25, 1946 - July
    10, 2009 by Nativo V. Lopez of the Mexican American Political
    Association
    (b) Bloggings on Dysfunctional Government by Angelo Paparelli
4. News:
    (a) DOS Cable On Consular Training
    (b) DOS Cable On Wilberforce Trafficking Victims Protection
    Reauthorization Act Of 2008
    (c) DOS Cable On 9 FAM Changes Related To Wilberforce
    Trafficking Victims Protection Reauthorization Act Of 2008
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Credential Evaluation And Translation
    (c) Forensic Psychology Services
6. Headlines:
    (a) Operator of Employment Agency Sentenced to Federal Prison
    for Harboring Illegal Aliens
    (b) Bill Gates Blasts U.S. Policies on Privacy, Immigration
    (c) Why Immigration Reform Is Needed Now
    (d) Illegal Immigration from Mexico Hits Lowest Level in
    Decade
7. ComingsNGoings:
    (a) Immigration Event
8. Letters From:
    (a) Roger Algase, Esq.
    (b) Juan

http://www.ilw.com/immigdaily/digest/2009,0727.shtm

The Empty Country

America is largely an empty country, i.e. there is significant
under-population in America as compared to the world as a whole.
Since this is quite likely somewhat surprising to most, we
provide the numbers below:

What would happen if the entire population of the world (6.75
billion) moved into the US, and we all lived at the same
population density as Manhattan (where Immigration Daily is
published from, 70,595 people per square mile) ? The total area
required for all to fit would be 95,615 square miles, about a
third of the state of Texas (268,820 square miles). Lets say this
one more time: the entire population of the world would fit
comfortably into the State of Texas, by New York standards. Of
course, those who live in North Dakota may find this a little too
crowded for their taste (as far as such taste is concerned, to
each his or her own). [source for numbers: Wikipedia].

The point we are trying to make is that it is not just America's
powerful, labor-hungry economy that is priming immigration. There
is also the simple issue of population density. In other words
things are not as different today from the late 1800s as the
anti-immigrationists would like to believe in that the relative
newness of the new world still drives immigration to some degree.
We can therefore expect that US population at the end of this
century will likely be many hundreds of millions more than today.
Consequently, our grand children and great grand children will
see a different America, just as we are seeing a different
America than existed a hundred years ago.

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

Immigration Practice By Robert C. Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam is an
invaluable supplement to Kurzban's with a different approach. It is
also useful to newer practitioners and paralegals in view of its easy
to understand and practical style. For more info, see here.
http://www.ilw.com/store/immigrationpractice.shtm
To order by fax, see here.
http://www.ilw.com/store/immigrationpractice.pdf
_________________________________________________________________
3. ARTICLES

(a) In Memoriam: Mario F. Vazquez - November 25, 1946-July 10,
2009

Nativo V. Lopez of the Mexican American Political Association
writes "On July 10, 2009, the labor and civil rights community
was saddened by the passing of a dynamic and courageous Labor
Attorney, Activist, and Father Mario F. Vazquez."
http://www.ilw.com/articles/2009,0727-lopez.shtm
http://www.mapa.org/

(b) Bloggings on Dysfunctional Government

Angelo Paparelli writes "Let's hope ICE takes the steps necessary
to apprehend and prosecute this fraudster-with-funny-phrasing who
encourages violations of the laws against employment
discrimination."
http://www.ilw.com/articles/2009,0727-paparelli.shtm
http://www.seyfarth.com/

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

(a) DOS Cable On Consular Training

The Department of State issued a cable to all diplomatic and
consular posts providing instructions to hold mandatory consular
training for WWTVPRA before June 15.
http://www.ilw.com/immigdaily/news/2009,0727-cable.shtm

(b) DOS Cable On Wilberforce Trafficking Victims Protection
Reauthorization Act Of 2008

The Department of State issued a cable to all diplomatic and
consular posts providing a corrected copy of notification that
the WTVPRA pamphlet is now available online and gives
instructions on these (including consular training),
distribution, translation, and printing of the pamphlet.
http://www.ilw.com/immigdaily/news/2009,0727-cable1.shtm

The Department of State issued a cable to all diplomatic and
consular posts on the 9 FAM changes to reflect the William
Wilberforce Trafficking Victims Protection Reauthorization Act of
2008.
http://www.ilw.com/immigdaily/news/2009,0727-cable2.shtm
_________________________________________________________________
5. CLASSIFIEDS

(b) 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.

(c) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
http://www.forensicpsychologyexperts.com
The right experts make a real difference.
_________________________________________________________________
6. Headlines

(a) Operator of Employment Agency Sentenced to Federal Prison for
Harboring Illegal Aliens

"We will continue using our investigative tools to pursue those
who take advantage of illegal labor for personal profit."

(b) Bill Gates Blasts U.S. Policies on Privacy, Immigration

The Microsoft chairman also warned that tougher immigration
policies could jeopardize economic growth.

Anti-immigration sentiment is fueled by so much misinformation,
and messages of hate are not welcome in America.

(d) Illegal Immigration from Mexico Hits Lowest Level in Decade

The flow of immigrants from Mexico to the U.S. declined to the
lowest level in a decade during the past year, a sign that the
recession is deterring economic migrants from heading north in
search of jobs.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0727.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Immigration Event
The Migration Policy Institue is pleased to invite you to attend
the following webinar on July 30 -- The Next Generation of E-
Verify: Getting Employment Verification Right at 2:00 PM (ET),
1:00 PM (CT), 12:00 PM (MT), 11:00 AM (PT). Registration is
required:
https://www.accuconference.com/customer/Registration/index.aspx?pkRegQG=b9b85706-7a9c-490a-911c-0f6fa6eccee4/
or email:khayden@migrationpolicy.org
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
According to John Henderson's letter (07/24/09 ID) the "real
face" of immigration is that of Mexican dropouts, welfare
recipients and "Somali terrorists" (despite the fact that the
only Somalis known to be in the US are living here peacefully and
forming thriving communities in Maine and other states). His
letter is unable to see the faces of many other immigrants who
are here to do scientific research or who are providing badly
needed expertise in international business or other specialties
in order to help US companies provide jobs for more US workers.
New glasses are in order. With regard to Arizona's Maricopa
County Sheriff Joe Arpaio, it is all too easy to focus only on
his egregious racial profiling and overlook the sadistic and
psychopathic elements in his approach toward "law enforcement".
These include, according to a July 20 New Yorker magazine
article, keeping his victims in tents with temperatures of over
120 degrees, serving them only two meals a day while limiting TV
viewing options mainly to the food channel, humiliating prisoners
by forcing them to wear pink, just as some prisoners were forced
to wear at Dachau and Buchenwald, and a host of other assorted
petty and not so petty cruelties. According to the same article,
there have been numerous deaths among people in his custody. Not
all of his victims are illegal immigrants. Some are US citizens
awaiting trial for petty crimes while, according to the same
article, more serious crimes go uninvestigated and unpunished due
to diversion of resources. However, it is safe to say that almost
all of the victims in "Sheriff Joe's" concentration camp have
brown skins.
Roger Algase, Esq. New York, NY

(b) Dear Editor:
Responding to ID's comment (07/24/09 ID), plese use the correct
term. They are not undocumented they are Illegal Alien
Invaders. They have plenty of documents such as forged Social
Security Cards, Driver Licenses and birth certificates just to
name a few. As for 287(g) it was useful in holding back the
tide of Illegal Alien Invaders while in effect however now we
here in Arizona have put in place many laws that will take its
place. For example, Illegal Alien Invaders can't get bail when
arrested, it is a felony to use a false Social Security Number
whether the user knows it or not, The Legal Arizona Workers Act
requires all Arizona employers to use the E-Verify program to
verify citizenship and proof of citizenship is required to get a
business license. Maybe you should come out here to Maricopa
county and see for yourself. But be careful, the Reverend Al
Sharpton came out here and we ran him off.
Juan
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 01:18 PM | Permalink | Comments (0) | TrackBack (0)

Jul 23, 2009

Jul 24 - Rule Of Convenience

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

July 24, 2009

http://www.ilw.com/immigdaily/digest/2009,0724.shtm

Items:
1. Comment: Rule Of Convenience
2. Focus: Inventory Closeout For Removal Book
3. Articles:
    (a) Bloggings On Nurse and Allied Health Immigration by
    Christopher T. Musillo
    (b) Bloggings on Updates in Immigration Law by Carl
    Shusterman
    (c) Immigrants Of The Day: Garo Yepremian of Cyprus by Kevin
    R. Johnson
4. News:
    (a) EOIR Releases Notice On Immigration Fraud
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegals
    (c) Immigration Law Certificate
6. Headlines:
    (a) Immigration Debate Nearly Cost George Gascon His Job
    (b) Congress Eyes Biometric Authentication For Job
    Eligibility
    (c) Police Chiefs Press For Immigration Reform
    (d) Review: 'Snakehead' Explores Notorious Illegal
    Immigration Operation
7. ComingsNGoings:
    (a) Submit Your Announcement
8. Letters From:
    (a) John Henderson
    (b) Gladys C Farris

http://www.ilw.com/immigdaily/digest/2009,0724.shtm

Rule Of Convenience

Joe Arpaio, the anti-immigrant Sheriff of Maricopa County in
Arizona, says that he believes in the Rule of the Law, and that
that is his reason for hounding the undocumented, whose presence
in the US offends the law, in his view. He believes that the
287(g) agreement that his law enforcement agency currently has
with ICE permits him to use any excuse to stop anyone and demand
that they prove that their presence here is authorized under our
laws.

Of course, all this is pure poppycock. Mr. Arpaio's real problem
is no doubt the fact that those whom his deputies stop have brown
skin. We do not believe that Mr. Arpaio's people believe in
harassing the undocumented from Europe. As many pro-immigrant
bodies have long claimed, Mr. Arpaio does not believe in the Rule
of the Law, rather he believes in the Rule of the Law only when
it is convenient to him.

Recent events show this in spades. The DOJ has commenced an
investigation into the activities of Mr. Arpaio's office. After
initially welcoming the investigation, he has now stopped
cooperating - apparently he believes that the DOJ investigation
of his office's infamous activities is not lawful. Most recently,
the DHS issued new guidelines to 287(g) signatories, asking that
charges be preferred against those stopped, and that priority be
given to serious crimes. Again, this apparently offends Mr.
Arpaio's view of the Law, and he has refused to follow the DHS
instructions.

It is clear that Mr. Arpaio believes in the Rule of Convenience,
and that the Rule of the Law is a mere fig leaf for nefarious
beliefs. In this, of course, he is joined by a large number of
Southern Republicans whose objection to the undocumented will
continue even after they are fully legalized and within the Law.
The patriots at America's Voice have an online petition to
Secretary Napolitano to discontinue Sheriff's Arpaio's oft-abused
287(g) authority.
http://americasvoiceonline.org/page/content/kickarpaioout
We urge those who agree that racists like Mr. Arpaio should not
be part of the 287(g) program to sign the petition, it only takes
a few minutes, and it will help Ms. Napolitano see the extent of
the opposition that Mr. Arpaio has aroused.

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

Inventory Closeout For Removal Book

Relief From Removal: A Definitive Manual For Winning Cases by
Jill Sheldon of CLINIC is now available for an attractive
Inventory Closeout price, only $99 including taxes and shipping
and handling. This book features:

++Chapter 1: Removal proceedings
++Chapter 2: Grounds of deportability
++Chapter 3: Grounds of inadmissibility
++Chapter 4: Contesting removability
++Chapter 5: Adjustment of status
++Chapter 6: Waivers of inadmissibility and deportability in
Removal proceedings
++Chapter 7: Section 212(c) and Cancellation of Removal for
lawful Permanent Residents
++Chapter 8: Cancellation and Suspension for Non-Permanent
Resident Aliens
++Chapter 9: Asylum, Withholding of Removal and protection under
the Convention Against Torture
++Chapter 10: Voluntary departure
++Chapter 11: Naturalization as a defense to Removal
++Chapter 12: Administrative review of Removal Orders
++Chapter 13: Judicial review of Removal Orders
++CD-ROM has 600+ important documents including: key BIA &
Federal cases, selected USCIS/ICE memos and DOS cables, forms

from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42
CFR, significant statutory provisions from the INA, 18 USC & 28
USC, Links to informative internet resources, etc

For more info on this book, and to order, see here (
http://www.ilw.com/store/ReliefFromRemoval-closeoutsale.shtm
fax version, see here).
http://www.ilw.com/store/ReliefFromRemoval.pdf
_________________________________________________________________
3. ARTICLES

(a) Bloggings On Nurse and Allied Health Immigration

Christopher T. Musillo writes "The USCIS has just released a
Guidance Memorandum for those Physical Therapists and
Occupational Therapists who had their H-1B petitions denied this
spring before the issuance of the Velarde Guidance Memorandum."
http://www.ilw.com/articles/2009,0724-musillo.shtm
http://www.muimmigration.com/

(b) Bloggings on Updates in Immigration Law

Carl Shusterman writes "This opens the way for children who have
"aged-out" to be reunited with their parents."
http://www.ilw.com/articles/2009,0724-shusterman.shtm
http://www.shusterman.com/

Kevin R. Johnson celebrates the achievements of these select
immigrants.
http://www.ilw.com/articles/2009,0724-johnson.shtm
http://lawprofessors.typepad.com/

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

(a) EOIR Releases Notice On Immigration Fraud

Executive Office for Immigration Review of the DOJ released a
notice on how to prevent becoming a victim of immigration fraud.
http://www.ilw.com/immigdaily/news/2009,0724-notarios.pdf
_________________________________________________________________
5. CLASSIFIEDS

(b) Help Wanted: Immigration Paralegals
Downtown Washington, DC (K Street area) - Fast-paced boutique
immigration law firm
http://www.immigrationgroup.com/
seeks legal assistants. 1-2 yrs exp req.d in business/family
immigration law. Interesting work and clientele; no timesheets;
latest technology; competitive salary and benefits (401K, health
insurance, paid vacation, etc). Successful applicants will be
detail-oriented, able to handle volume, highly organized and
strong communicators. Email resume, cover letter and salary reqs
to mailto:jobs@immigrationgroup.com. No calls please. EOE.

(c) 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) Immigration Debate Nearly Cost George Gascon His Job

There were several nights outgoing Mesa Police Chief George
Gascon questioned whether he was on the right side of the illegal
immigration debate.

(b) Congress Eyes Biometric Authentication For Job Eligibility

In a move likely to worry opponents of a national ID card, some
lawmakers in Congress are proposing that biometrics be used to
authenticate the identity of anyone seeking a job in the US.

Some of the nation's top cops on Wednesday called upon Congress
to promptly adopt an immigration reform measure, saying local law
enforcement agencies across America are struggling to deal with
crime and confusion caused by a broken system.

(d) Review: 'Snakehead' Explores Notorious Illegal Immigration
Operation

Keefe's account reminds us how much hope the American dream
inspires and what a steep price some have paid to try to live it.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0724.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) 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 can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
ID comment on "Hypocrisy Among The Antis" (07/21/09 ID) openly
shows its own hypocracy. Antectdotes are not to be used unless
they are positive for the "pros". What could be more
hypocritical than that? The comment claims the "antis" demand a
higher standard of quality than in the known world, but then
claim the only failures are terrorists. The comment seems to
forget all the other dangerous illegals, like common criminals,
gangbangers, smugglers, rapists, drunk drivers, etc. who destroy
lives on a daily basis in the United States.     For the record,
the responsibility for investigating and preventing terrorism in
the U.S. is held by the Federal Bureau of Investigation. That is
in the HSA. ICE's anti-terrorism responsibilities are secondary
to its primary responsibilities.       ICE and the other agencies
of DHS have the same responsibilities that they held before 9/11.
They are to enforce the customs and immigration laws of the
United States.       The comment also forgets that USCIS'
responsibilities are to find fraud, not ignore it. I agree that
USCIS' RFE are pointless, as they should not be used, but the
documentation issues that bring up an RFE should be the catalyst
for a denial, as an RFE is only a chance for the manufacture of
more fraud and the replacement of an American in a job by an
alien. Well, America is not about national origin discrimination
so a company can pay a computer code writer a lower salary.
Union busting and forcing down wages by brining in immigrants is
un-American and illegal.   The real face of immigration is the
high-school dropout from Mexico, the Salvadoran MS-13 gangbanger,
the Russian mafiosa, the Somali Islamic terrorist, the Mexican
illegal dependant on TANF, CalWorks, food stamps, Section 8
housing, and the local government funded clinic.
John Henderson

(b) Dear Editor:
I said in my letter (07/23/09 ID) no matter who is the majority
in the Congress or Senate the effect is the same. Whatever
happened with who was the majority before gets ostracized by the
minority party so as to make it impossible to do a law.
Gladys C Farris
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 12:58 PM | Permalink | Comments (1) | TrackBack (0)

Jul 23 - Fight Notario Fraud

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

July 23, 2009

http://www.ilw.com/immigdaily/digest/2009,0723.shtm

Items:
1. Comment: Fight Notario Fraud
2. Focus: Today Is The Deadline For State Laws And No Match
3. Articles:
    (a) Termination Of 274a.12(c) Employment Authorization by
    Scot A. Silzer
    (b) Bloggings On Immigration Law And Policy by Greg Siskind
    (c) Immigration Control, Circa AD 175 by Harold B. Jones Jr.
    for the Foundation For Economic Education
4. News:
    (a) Neufeld Memo On 1-751 Filed Prior To Termination Of
    Marriage
    (b)DOS Publishes Final Rule On Foreign Government Officials'
    Immediate Family
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegals
    (c) Help Wanted: Immigration Attorney
    (d) Forensic Psychology Services
6. Headlines:
    (a) Mexican Immigration To US Off 40 Percent
    (b) NY, NJ Immigration Raids Violated Rights
    (c) The New Geography Of United States Immigration
    (d) Legal Status Of US Workers' An Immigration Issue
7. ComingsNGoings:
    (a) Immigration Event - Washington, DC
8. Letters From:
    (a) Jose Latour, Esq.
    (b) Michael D Cotton
    (c) Elihu S. Ferguson
    (d) Gladys C Farris

http://www.ilw.com/immigdaily/digest/2009,0723.shtm

Fight Notario Fraud

The ABA Commission on Immigration has a helpful page on Notario
Fraud
http://www.abanet.org/
with help for immigrants and others preyed upon by immigration
fraudsters. Of particular note for attorneys is their attorney
resources page, which features:

++Cases (Civil and Criminal)
++Statutes (State and Federal)
++Law Enforcement Referral (Bar and Law Enforcement Contacts)
++Administrative Regulation
++Secondary Sources (Articles and Surveys)
++Training Materials

Immigration practitioners may want to bookmark this helpful
resource.

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 State Laws And No Match

The curriculum for Thursday July 23rd third session of "Employer
Sanctions For Beginners" is as follows:

++Business license laws
++E-Verify mandates
++Other state laws
++Update on the no-match regulation

The speakers for this seminar series are Greg Siskind, Hector
Chichoni, Scott Decker, Kevin Lashus, Mira Mdivani, Tyler Moran
and Roger Tsai. Wednesday, July 22nd is the deadline to sign up.
For more info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/200914.shtm. Fax form:
http://www.ilw.com/seminars/200914.pdf. Don't delay, sign up
today.
_________________________________________________________________
3. ARTICLES

(a) Termination Of 274a.12(c) Employment Authorization

Scot A. Silzer writes "Although the I-765 often requires a
separate and independent basis (e.g., an I-485 application) in
order for it to be accepted, processed, and serve as a basis for
the issuance of the EAD, once it is accepted and the EAD is
issued, the EAD acquires a life of its own."
http://www.ilw.com/articles/2009,0723-silzer.shtm
http://www.silzerlaw.com/attorneys2.html

(b) Bloggings On Immigration Law And Policy

Greg Siskind writes "My friend Tamar Jacoby of
ImmigrationWorksUSA joins former Mexican Foreign Secretary Jorge
Castenada in writing in today's Washington Post about what could
be the biggest area of division in the coming reform debate - how
to handle future workers. "
http://www.ilw.com/articles/2009,0723-siskind.shtm
http://www.visalaw.com/

Harold B. Jones Jr. for the Foundation For Economic Education
writes "Today's leaders might do well to consider the unfortunate
example of Marcus Aurelius."
http://www.ilw.com/articles/2009,0723-jones.shtm
http://fee.org/

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

(a) Neufeld Memo On 1-751 Filed Prior To Termination Of Marriage

Donald Neufeld, Acting Associate Director, USCIS issued a memo
providing guidance on how to adjudicate an 1-751 petition if the
Conditional Permanent Resident and petitioning spouse are legally
separated or have initiated divorce or annulment proceedings, but
the marriage has not
been terminated.
http://www.ilw.com/immigdaily/news/2009,0723-neufeld.pdf

(b) DOS Publishes Final Rule On Foreign Government Officials'
Immediate Family

DOS published a final rule amending the definition of "immediate
family" for the Foreign
Government Official nonimmigrant visa category.
http://www.ilw.com/immigdaily/news/2009,0723-dos.shtm
_________________________________________________________________
5. CLASSIFIEDS

(c) Help Wanted: Immigration Attorney
Lincoln, Nebraska - USCIS Office of the Chief Counsel (OCC) seeks
an experienced attorney for the position of Service Center
Counsel at the Nebraska Service Center (NSC). Responsibilities
include, but are not limited to, serving as an attorney providing
legal advice to the NSC personnel on issues involving immigration
related adjudications, inadmissibility and deportability grounds,
and national security; writing visa appeal briefs and providing
litigation support to the U.S. Attorney's office on cases arising
from Service Center adjudications. J.D. degree, active bar
membership by the entry on duty date. For full details enter COU-
CIS-2009-0005 here.
http://jobsearch.usajobs.gov/
Applicants must submit (1) resume , (2) writing sample (10 pps.
max), (3) references to mailto:William.Craig@dhs.gov. All
submissions must be received by close of business on July 17,
2009. GS-13/15, position open until filled. No relocation
allowance offered.

(d) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
http://www.forensicpsychologyexperts.com
The right experts make a real difference.
_________________________________________________________________
6. Headlines

(a) Mexican Immigration To US Off 40 Percent

Mexican immigration to the United States has dropped sharply
since 2005, but the flow of migrants returning to Mexico remains
steady, according to a study released Wednesday by the Pew
Hispanic Center.

(b) NY, NJ Immigration Raids Violated Rights

Immigration agents raiding homes for suspected illegal
immigrants violated the U.S. Constitution by entering without
proper consent and may have used racial profiling, a report
analyzing arrest records found.

New trends in immigration are changing communities across the
United States.

(d) Legal Status Of US Workers' An Immigration Issue

The Senate Democrat leading the push for immigration changes said
Tuesday verifying the legal status of workers will require
citizens and immigrants to prove they are legally eligible to
hold jobs in the U.S.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0723.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Immigration Event - Washington, DC
July 24 - Migration Policy Institute is pleased to present "A new
proposal to address US immigration future flow needs" For more
info see here:
http://contact.migrationpolicy.org/site/Calendar?view=Detail&id=4261
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Regarding the ID Comment on Anti's hypocracy (07/21/09 ID): The
basis of any intelligent discussion is the ability of each side
to objectively weigh the merits of the other's points. Those of
us who believe that immigration is both essential and good for
America are able to concede the numerous points which are
problematic and beckon for the intelligent legislative response
to the current immigration situation in the U.S., which is long
overdue. Those who believe that immigration is "bad" for America
grant no such concessions, choosing instead to simply sweep all
the valid points regarding the positive impact of immigrants on
U.S. culture and society under the rug with the inflammatory
rhetoric which caters so well to the xenophobes who make up the
bulk of their ranks. Accordingly, it is my opinion that as long
as the "Anti's" are unable to engage intelligently, the absence
of thoughtful, pragmatic dialogue from their end of the opinion
spectrum will leave them exactly where they have remained for the
22 years in which I have been involved with the immigration
debate, first as a consular officer and subsequently as a private
practitioner: on the sidelines, heckling all progress bitterly as
those of us who are trying to make things better move forward
without the intelligent input we so desperately need from them.
Jose Latour, Esq. Miami, FL

(b) Dear Editor:
Regarding ID Comment "RFEs And Hypocrisy Among The Antis"
(07/23/09 ID): Actually, ID has got it reversed. We here at
USCIS are encouraged to complete cases, and discouraged from
issuing RFE's without substantial justification. Just to
clarify, hope this helps.
Michael D Cotton

(c) Dear Editor:
The article by Winthrop Staples III and Philip Cafaro, (07/21/09
ID) about immigration and the environment, says that high
immigration levels in America over the past few decades have
contributed to economic growth. Nobody would argue with that.
Nevertheless, they are against "mass immigration" (translation:
immigration from Latin America) because they think it would be
bad for the environment. Nobody who lives in this country
seriously believes that our environmental problems would go away
even if we cut off all immigration tomorrow. As Mark Twain wrote
about his own death, reports of the environment being ruined by
immigration are greatly exaggerated. But what about immigrants
creating economic growth? Now, there is a real danger.Why on
earth would a country mired in a deep recession with almost ten
per cent unemployment want to let in people who create economic
growth? The article should be thanked for pointing finger at the
biggest threat of all, namely that immigrants might help revive
our economy. We had better close the borders before it is too
late.
Elihu S. Ferguson

(d) Dear Editor:
I agree that the anti-immigrants attitude has been around for
many centuries after the first settlers established themselves.
In fact the generation that started this attitude may have been
from the fourth generation after the settler arrives here. What
irony to a nation of immigrants. The ones who should have been
anti is the native Indians yet it is not them but the Anglo Saxon
per se. There is a group that really believes that this nation
does not need anymore immigrants and that we should see to that.
What I cannot see is the people in the seat of Congress and
Senate have been elected by those immigrants that are able to
vote and yet this group is so strong yet not too large to control
the laws of what is passed in the Senate and Congress. Just
think how much benefit would be in the country if our law makers
would be conscientious to what they have been elected for.
Gladys C Farris
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

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Jul 21, 2009

Jul 22 - Health Care Climate Change And Immigration

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

July 22, 2009

http://www.ilw.com/immigdaily/digest/2009,0722.shtm

Items:
1. Comment: Health Care Climate Change And Immigration
2. Focus: Today Is The Deadline For Asylum For Experts
3. Articles:
    (a) Comprehensive Immigration Reform: A Primer by Walter
    Ewing et. al of the Immigration Policy Center
    (b) Tax Traps - US Citizens And US Tax Resident Foreign
    Nationals With Assets Abroad Foreign Bank Accounting
    Reporting Form TD F 90-22.1 by George Hayduk
    (c) Immigrants Of The Week: Shantanu Narayen, Diane Von
    Furstenberg, and Gadi Amit by Greg Siskind
4. News:
    (a) USCIS Naturalizes First Soldier In Military Pilot
    Recruiting Program
    (b) ICE Releases SEVP Information
    (c) ICE Releases Supplemental Cap Gap Fact Sheet
    (d) ICE Releases DMV Fact Sheet
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegals
    (c) Help Wanted: Immigration Attorney
    (d) J-1 Visa Program
    (e) Case Management Technology
6. Headlines:
    (a) Open America's Doors To More Immigration
    (b) Ex-Judge Collazo Busted For Immigration Fraud
    (c) Feds Shift Gears On Illegal Immigration
    (d) Fool Proof Identification For Non-Citizens
7. ComingsNGoings:
    (a) Share Your Professional News
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Roger Algase, Esq.
    (c) Linda Cogill

http://www.ilw.com/immigdaily/digest/2009,0722.shtm

Health Care Climate Change And Immigration

President Obama looks set to win on the Sotomayor nomination. He
appears likely to win on the big sticking issue so far in the
Appropriations process: the cancellation of the F-22. That leaves
health care and climate change as the two big issues on the table
before Congress turns to immigration. Here's a look at how those
issues may affect the soon to come CIR debate in Congress.

Writing on salon.com,
http://www.salon.com/opinion/feature/2009/07/20/gop_math/
yet another GOP strategist bemoans the lack of support for
immigration benefits among Congressional Republicans:

"our weakness among minority voters is somewhat
masked when it comes to elections that are not national. Thanks
to redistricting, and the legal imperative to give emphasis to
"community of interests," these minority voters tend to be jammed
into congressional districts where they are the overwhelming
majority. That means the other districts tend to be more white in
nature, and thus more friendly territory for Republicans. Then,
at the level of the Senate, the reality is that Utah and Wyoming
get the same number of senators as do California and New York.
What this means is that when it comes to an issue like
immigration reform, the pressure on Republicans who actually have
been elected to office is more often to favor a position that is
unattractive to minority voters. If they were to take a different
position, they might find themselves facing a primary challenger
supported by the party's activist base. So, at the expense of any
long-term perspective, the Republican Party is likely to be
responsive to the sentiment of the people responsible for them
serving at this very moment."

The Republican strategist rightly concludes: "A recent poll shows
Republicans, at the national level, are viewed favorably by fewer
than 10 percent of all Hispanics. The word for this is "disaster"."
Disagreeing with the above writer is Jay Cost, a noted political
analyst (and a Republican) who writes on RealClearPolitics.com,
http://www.realclearpolitics.com/horseraceblog/2009/07/its_not_just_about_winning_ele.html
and his argument connects the dots between health care reform
(and by extension, climate change) and immigration:

"As UCSD's Gary Jacobson noted in the Spring, 2009
issue of Political Science Quarterly, "Republicans hold a
significant structural advantage in the competition for House
seats ... This circumstance will have the effect of moderating the
Democratic caucus, because Democrats representing such districts
are, of political necessity, considerably more moderate than
other Democrats. Similarly, more than half of the Democratic
senators who replaced Republicans in 2006 and 2008 are from
states in the South or the Mountain West, and they, too, will
have to compile moderate records or risk defeat." Hence Blue Dog
resistance to health care reform. This also suggests that the
Democrats might have the same problem in advancing immigration
reform, given the large number of members who come from mostly
white, conservative-tilting districts. You can stick either a
Democrat or a Republican in districts like PA-12, MS-1 or CO-4.
Those reps will be hard-pressed to vote yea. Perhaps this is why
the issue has been tabled this year?"

Clearly, how the health care and climate change debates play out
in the coming days will have an impact on immigration in Congress.
Lest anyone forgets, Sen. Schumer has said that he will start mark
up on the CIR bill less than two months from today. However, we
believe that the Democratic leadership will have to put immigration
on the floors of Congress, since they are far from cementing the
immigrant vote into the Democratic party at this point. As Jay
Cost's article reminds us:

"You can't lump African-Americans and Hispanics into
a "non-white" group without ignoring the 3.67 million Hispanics
who behaved contrary to the theory by...voting for John McCain!
This lumping together of non-whites also ignores the volatility
of Hispanic voters, who, as [the Republican strategist quoted
above] does note, gave George W. Bush about 40% of the vote in
2004. You can't lump all Hispanics together as a single voting
bloc ... Some are more partial to the GOP than others. George W.
Bush did relatively well with Hispanics in New Mexico (44%) and
Nevada (39%), but poorly with Hispanics in New York (24%) and
Illinois (23%). Additionally, the exit poll suggests that McCain
actually did better with Hispanics in Colorado than George W. Bush."

Democrats have made big promises to immigrants, and the Majority
Leader of the Senate, Mr. Reid, has several times publicly said
that he has the votes for immigration reform. As we move into the
height of the political debate on health care and climate change
in the coming days and weeks, we must remember that immigration's
day in the sun (or at least on the floors of Congress) is only
weeks away.

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 Asylum For Experts

ILW.COM is pleased to announce a new 3-part telephone seminar
series "Asylum For Experts" with David L. Cleveland (discussion
leader), Ashley Huebner, Nancy Kelly, Jeffrey Martins, Brian E.
Mezger, Alan Parra and other speakers to be announced. The
curriculum is as follows:

FIRST Phone Session on July 22: Harm and Motive
++Economic harm: when does it "rise to the level of persecution"?
++Emotional harm: how to demonstrate it without an expert
++Physical harm
++Abortions, IUDs, and "added" children
++Ostracism and other types of harm
++Proving motive of the persecutor
++"at least one central reason" means what?
++Corroboration: what evidence will impress the adjudicator?
++Recent case law

SECOND Phone Session on August 19: Bars to Asylum and Particular
Social Groups
++Internal relocation
++The one-year deadline
++Firm resettlement
++Persecutor of others
++Material support: when is giving under duress a defense?
++Domestic violence: my husband beat me
++FGM
++Recruitment by a gang
++Juveniles
++Other particular social groups
++Recent case law

THIRD Phone Session on September 16: How to Impress the
Adjudicator
++How to get letters from the old country
++Country conditions information from where?
++How to interrupt the Asylum Officer
++Give what kind of documents to the IJ? Objections to DHS
documents
++How to demonstrate harm, How to prove motive; How to avoid
inconsistencies
++How to frame a "particular social group"; Is client a member of
more than one particular social group?
++What if client has a bad memory and has a "flat" affect?
++DHS attorney and IJ relations
++How to make a record for the BIA

Don't wait to register, Tuesday, July 21st is the deadline. For
more info, including speaker bios, detailed curriculum, and
registration information, please see: Online:
http://www.ilw.com/seminars/200918.shtm. Fax form:
http://www.ilw.com/seminars/200918.pdf.
_________________________________________________________________
3. ARTICLES

(a) Comprehensive Immigration Reform: A Primer

Walter Ewing et. al of the Immigration Policy Center write "The
necessity of comprehensive immigration reform stems from years of
neglect and failure to respond to incompatible interactions
between different parts of the system, resulting in breakdowns
that have crippled our ability to regulate immigration
adequately, protect our borders, reunite families, and foster
economic opportunity."
http://www.ilw.com/articles/2009,0722-ewing.pdf
http://www.immigrationpolicy.org/

(b) Tax Traps - US Citizens And US Tax Resident Foreign Nationals
With Assets Abroad Foreign Bank Accounting Reporting Form TD F
90-22.1

George Hayduk writes "While the original target of this
legislation was wealthy US citizens hiding money offshore, the
rules now apply to all US "tax residents" which includes foreign
nationals on nonimmigrant visas, and US citizens and lawful
permanent residents residing here and abroad."
http://www.ilw.com/articles/2009,0722-hayduk.shtm
http://www.expattaxandlaw.com/about-tax.html

Greg Siskind celebrates the achievements of these select
immigrants.
http://www.ilw.com/articles/2009,0722-siskind.shtm
http://blogs.ilw.com/gregsiskind/

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

(a) USCIS Naturalizes First Soldier In Military Pilot Recruiting
Program

USCIS naturalized the first nonimmigrant to enlist in the
military under the Defense Department's Military Accessions Vital
to the National Interest (MAVNI) pilot recruiting program. For a
fact sheet on the program, see here.
http://www.ilw.com/immigdaily/news/2009,0722-mavni.pdf
http://www.ilw.com/immigdaily/news/2009,0722-mavni.shtm

(b) ICE Releases SEVP Information

ICE released a PowerPoint presentation on the Student Exchange
Visa Program and related QAs released at NAFSA's 2009 conference.
For the SEVP PowerPoint, see here.
http://www.ilw.com/immigdaily/news/2009,0722-sevp.pdf
For the preconference QAs, see here.
http://www.ilw.com/immigdaily/news/2009,0722-preconf.pdf
For the postconference QAs, see here.
http://www.ilw.com/immigdaily/news/2009,0722-postconf.pdf
http://www.ilw.com/immigdaily/news/2009,0722-SEVP.shtm

ICE released a fact sheet addressing two significant areas
related to the Student and Exchange Visitor Information System's
(SEVIS) functionality and interface with other government
systems.
http://www.ilw.com/immigdaily/news/2009,0722-capgap.pdf

(d) ICE Releases DMV Fact Sheet

ICE released a fact sheet intended to provide F, M or J
nonimmigrants and their respective school/program officials with
basic information on obtaining a driver's license or a state
identification (ID).
http://www.ilw.com/immigdaily/news/2009,0722-dmv.pdf
_________________________________________________________________
5. CLASSIFIEDS

(d) J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global
Current, a service of AIESEC U.S., a leader in international
exchange and professional training for over 50 years. Unlike
other visas, the J-1 does not require a lengthy petitioning
process, has few restrictions and can be processed at any time of
year to facilitate the quick and simple implementation of an
Exchange Visitor Program. Global Current has developed a
streamlined sponsorship process supported by J-1 experts that
allows us to maintain an unrivaled 48 hour turnaround time on
complete applications. Global Current provides J-1 Trainee and
Intern programs in a variety of occupational categories including
law, engineering, finance, architecture, graphic design,
marketing and fashion. For more information on eligibility
requirements and a complete list of occupational categories,
visit http://www.globalcurrentexchanges.org
or email Melany Hamner at
mailto:melanyh@globalcurrentexchanges.org.

(e) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, TrackerCorp
http://www.trackercorp.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@trackercorp.com.
_________________________________________________________________
6. Headlines

(a) Open America's Doors To More Immigration

The American story is the story of immigration. It defines this
nation. It was essential to our past success, and it will be
essential to our future success.

(b) Ex-Judge Collazo Busted For Immigration Fraud

Former Manhattan Civil Court Judge Salvador Collazo, now a Bronx
attorney, has been arrested on federal charges related to his
alleged involvement in a conspiracy to commit visa fraud and to
collect excessive fees in connection with immigration
applications.

The Department of Homeland Security is changing the way it
tackles illegal immigration, in many cases remaking or rescinding
Bush administration policies.

(d) Fool Proof Identification For Non-Citizens

The Mississippi governor said no administration in our government
has ever committed to finding those who break our laws by simply
over staying their welcome. Our Homeland Security Director said,
this would change that.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0722.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
Z. Achurra's letter (07/21/09 ID) demonstrates why everyone
dealing with USCIS or US Department of State should engage the
services of qualified and experienced immigration counsel.
Obviously, the I-130 was approved or it would not have found its
way to the Embassy for visa issuance. Ms. Achurra's letter fails
to mention if she submitted a US or a Filipino divorce decree, a
bogus Dominican Republic decree, or no decree at all. Sometimes
USCIS will miss a technicality like the bona fides of dissolution
of marriage. The Consulate always gets a "second bite at the
apple" when reviewing an application for visa issuance.
Consulates sometimes check with authorities to insure dissolution
documents are bona fide, or have complied with residency
requirements of the jurisdiction and other formalities of
dissolution of marriage. If so, there is no basis for visa
denial. If, on the other hand, it is determined a marriage has
not been legally dissolved, that is grounds for visa denial. This
evidently occurred here. I wonder, did not Ms. Achurra know she
was not divorced? Or did she just fail to present proper
documentation? Either way, Ms. Achurra appears at fault and
therefore lacks standing to criticize the system. The letter
shows surprise that the Consul waited until the interview to
adjudicate the visa application. That is precisely the function
of the Consular interview - it doesn't happen late at night in a
Manila back alley. Consular Officers do not adjudicate I-130
cases based on photocopies of pre-submitted documents alone, as
does USCIS, rather through the more intensive interview process,
so it is no surprise denial occurred at the interview and not
before. A lawyer could have provided proper guidance and avoided
the disappointment and the time-wasting the letter seems to
disdain. Moral: get lawyer - get visa.
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
The latest example of pretentious pseudo-scholarship from the
anti-immigrant Center for Immigration Studies revives the
discredited argument that America's environmental problems are
caused by too much immigration (see 07/21/09 ID). Aside from the
usual scare tactics about how immigration will allegedly lead to
runaway population growth, there is the standard attempt to blame
immigrants for policies over which they have no control - over-
development of real estate, strip malls, carbon emissions, etc.
These transparent attempts by the anti-immigrant lobby to
scapegoat immigrants for environmental problems are similar to
the attempts by far right wing immigrant-haters such as columnist
Michelle Malkin to blame immigrants for the economic meltdown.
Ms.Malkin's twisted theory was that some immigrants (along with
many millions of Americans) allowed themselves to be manipulated
into taking out subprime mortgages. But who originated these
shoddy, if not fraudulent, loans, as well as the many other
financial shenanigans that brought America's economy to its
knees? Bernardo Madoffernandez? Murillo Lynch? Los Hermanos
Lehman? Home-grown American Wall Street bankers did a fine job of
destroying the economy without any help from South of the Border.
And America is quite capable of devastating its own environment
without any assistance from foreigners, thank you. One has to ask
whether the "pollution" that the anti-immigrant think tanks would
like to do away with is environmental at all, rather than racial.
Making America green means stopping it from becoming too brown.
Or so one could conclude from this article.
Roger Algase, Esq. New York, NY

(c) Dear Editor:
In response to Victor Johnstons letter (07/20/09 ID). He poses a
question to another writer as to what contribution the writer has
made to the US. Well, the same question can be directed to the
letter writer, Mr Johnston. If "Dave" has been paying his taxes
regularly, had his own health insurance, and not committed any
crime and done time in prison on my tab, I would say he has made
a contribution to the USA, as have I and hopefully you.
Linda Cogill
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 01:35 PM | Permalink | Comments (0) | TrackBack (0)

Jul 20, 2009

Jul 21 - RFEs And Hypocrisy Among The Antis

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

July 21, 2009

http://www.ilw.com/immigdaily/digest/2009,0721.shtm

Items:
1. Comment: RFEs And Hypocrisy Among The Antis
2. Focus: Asylum For Experts
3. Articles:
    (a) The Environmental Argument For Reducing Immigration To
    The US by Winthrop Staples III, and Philip Cafaro for the
    Center for Immigration Studies
    (b) The Growing Relevance Of The J-1 Visa by Melany Hamner
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4. News:
    (a) ICE Announces Conviction Of Visa Fraud Kingpin
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegals
    (c) Help Wanted: Immigration Attorney
    (d) Case Management Technology
    (e) Credential Evaluation And Translation
6. Headlines:
    (a) Nationwide Class Action Certified Over Immigration Fees
    (b) U.S. Denying Sanctuary To Mexicans Fleeing Drug War
    (c) Immigration Protests Are Stupid
    (d) Opinions Divided On Boycott Of Census
7. ComingsNGoings:
    (a) New Offices - Boston, MA
8. Letters From:
    (a) David D. Murray, Esq.
    (b) Z. Achurra
    (c) Victor Johnston

http://www.ilw.com/immigdaily/digest/2009,0721.shtm

RFEs And Hypocrisy Among The Antis

In an article about the shooting tragedy in Binghamton, New York,
a posting on the anti-immigration NumbersUSA blog
http://www.numbersusa.com/content/nusablog/beckr/april-5-2009/immigrant-inventors-valedictorians-spree-killers-the-inadequacies-
policy
argues that the tragedy should not lead to sweeping
generalizations. The posting says: "Just as immigration policy
should not be based on generalizations from anecdotes of abysmal
immigrant behavior, neither should it be based on generalizations
from exemplary individual behavior." We have two general
comments on this superficially laudable point on sound policy-
making.

Firstly, the antis are being hypocritical on this issue (this is
business as usual for the antis). The antis consistently use the
9/11 terrorists as examples of why we need to tighten up our
immigration procedures, and reduce immigration benefits. This is
policy making by anecdote, the very thing that the blogging
appears to argue against. In a steady and unrelenting barrage of
reports, articles, bloggings, press releases, testimony to
Congress, and every form of media and publicity presently known,
the antis have used the 9/11 terrorists to argue for all manner
of restrictions, obstacles and harassments for US citizen family
members of immigrants, US employers of immigrants, and immigrants
themselves.

Now this is all well known, but we believe it bears repeating due
to the current RFE tsunami unleashed by USCIS. Apparently, USCIS
has argued that better anti-fraud measures are necessary, and we
have received reports of the inevitable 9/11 terrorist excuse for
the RFE flood. We believe that it is common sense that out of 1
million applications processed, 1 terrorist may, thru fraud and
misrepresentation, make it thru to receiving the benefit. 1 out
of a million is better than Six Sigma even (Six Sigma is 3.4
defects per million). The gold-plated US industrial standard for
quality is apparently not good enough for USCIS. We believe that
USCIS should be forthright in admitting to Congress that it
cannot perform better than Six Sigma, and that 3.4 terrorists per
million applications will likely make it to the benefit stage,
and that Congress should, consistent with the layered approach
used in anti-terrorism, adequately fund and direct another body
to hunt and take out these terrorists (in other words, USCIS is
not an anti-terrorist agency, and should admit as much).
Furthermore, Congress does not have to look far for such an
agency, nor for money for such an agency, since a ready-made
answer exists in the shape of ICE. We believe that ICE's
overarching mission should be to go after terrorists, and leave
the undocumented and their employers alone. We believe that
responsibility for the next terrorist attack on US soil will lie
primarily at ICE's door. Rather than USCIS officials having to
answer Congress and the country for why the terrorist had this or
that visa, ICE officials will have to justify why they were
raiding janitorial companies and restaurants while terrorists
were roaming free inside the United States. It is only because
immigrants don't have the vote that the current double tragedy is
playing out - the first being the plight of those caught in
USCIS's pointless RFE nightmare and the second being the sad
situation of the American public being left undefended against
terrorism by ICE's equally pointless crusade against landscaping
companies and hotels.

Returning to the blog posting on the NumbersUSA site, we have
another comment. Politics is about communication, as it should be
in a democracy. To use anecdotes is a perfectly good way to
educate anyone about a point, as Harvard's popular "case study"
method shows. Indeed, in all manner of vexatious public policy
disputes, from health care to climate change to the economy, and
everything else besides, Americans are subject to a bombardment
of anecdotes from all points of view in the debate. To suggest
that immigration should be exempt from anecdotes is the second
bit of hypocrisy by the antis in one blog posting.

To state our views in the positive, we believe that sound
immigration policy should be based on all the evidence, and not
on anecdotes (hence the USCIS's excessive security measures are
unjustified, and ICE's under-emphasis of its counter-terrorism
measures is dangerous to the country). But we also believe that
anecdotes are appropriate in the public debate and support what
the blogging laments: "a Vietnamese graduating as valedictorian
from high school becomes proof of the need for the DREAM amnesty.
And Chinese engineers working in Silicon Valley and obtaining
patents for inventions become proof of the need for more H-1B
visas".

A final thought: there is a simple reason why the antis pile
hypocrisy upon hypocrisy. The fact is that there is no American
argument against immigration. Anti-immigration positions are un-
American. And on that Apple Pie and Motherhood note, we urge our
executive branch agencies to follow in the American tradition -
to USCIS: welcome immigrants and to ICE: hunt terrorists.

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

Asylum For Experts

(a) The Environmental Argument For Reducing Immigration To The US

Winthrop Staples III, and Philip Cafaro for the Center for
Immigration Studies writes "At the current level of 1.5 million
immigrants per year, America's population of 306 million is set
to increase to over 700 million people by 2100."
http://www.ilw.com/articles/2009,0721-staples.shtm
http://www.ilw.com/articles/2009,0721-staples.shtm#bio

(b) The Growing Relevance Of The J-1 Visa

Melany Hamner writes "In a global climate where diplomatic
relations and foreign affairs heavily influence a country's peace
and prosperity, the Department of State views the J-1 visa
primarily as a tool of diplomacy."
http://www.ilw.com/articles/2009,0721-hamner.shtm
http://www.aiesecus.org/default.html

Joel Stewart writes "The PERM Law and BALCA decisions are replete
with the term "training," but in the same authorities there is no
concensus about what it means."
http://www.ilw.com/articles/2009,0721-stewart.shtm
http://blogs.ilw.com/joelstewart/

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

(a) ICE Announces Conviction Of Visa Fraud Kingpin

ICE announced that the leader of a widespread visa fraud
conspiracy in Hampton Roads, Va., was sentenced Friday to 87
months in prison.
http://www.ilw.com/immigdaily/news/2009,0721-fraud.shtm
_________________________________________________________________
5. CLASSIFIEDS

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To schedule a complimentary online demo, call 925-244-0600 or
email mailto:info@inszoom.com.

(e) 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:
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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) Nationwide Class Action Certified Over Immigration Fees

A Northern District of California federal judge on Thursday
certified a nationwide class action on behalf of hundreds of
thousands of immigrants who have been subject to allegedly
illegal application fees.

(b) U.S. Denying Sanctuary To Mexicans Fleeing Drug War

The family's asylum cases and interviews with six immigration
lawyers handling others indicate that more Mexican refugees
fleeing cartel violence will be sent back.

I have gone to none of the demonstrations/protests and will not.

(d) Opinions Divided On Boycott Of Census

At the heart of an ongoing dispute over illegal immigrants and
the upcoming national census seems to be the question of what it
means to count.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0721.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) New Offices - Boston, MA
Douglas Hauer recently formed a new entrepreneurial immigration
law firm in Boston, Douglas Hauer LLC (www.hauerlaw.com). Doug
also serves as Of Counsel with Liam Schwartz & Associates in Tel
Aviv. Doug will focus on employment and family-based immigration,
as well as on government investigations. His firm will represent
corporate and individual clients. Before founding his firm, Doug
was a Partner with Chin & Curtis LLP, a business immigration law
firm in Boston. Doug may be reached at Douglas@hauerlaw.com.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
I agree with Alice Yardham-Hunter's letter (07/20/09 ID) about
the usability of the USCIS web site, which for the most part is
difficult to manueuver and find what you want, even on a good
day. If USCIS promises a service, they should deliver. Same for
the State Job Agencies when you try to post a Job Order for a
Labor Cert. What nonsense when it does not work, as happened to
me in Florida, Texas and Georgia recently. Of course, the remedy
when USCIS makes a mistake is to file late and then get denied
and bring motion to reopen on the ground it was of no fault of
the alien. But the filing fee is $585. There just ain't no such
thing as justice. Maybe the Bush administration should have
focused on the terrorists in governmental agencies that terrorize
everyone using their power to control. And I agree with Honza
Prchal's letter (07/20/09 ID) that Congress made it clear that
USCIS be self supporting. And why not? Let those who desire the
services pay for it, but also, let them demand quick and
efficient service. No more bureaucratic nonsense. Each case
should be assigned to a particular immigration officer who is
responsible for the case and puts his or her name on it. No more
annonymity. Name names and ask for responsible adjudication -
after all, to a degree, USCIS adjudicators are judges. And Roger
Algase's letter makes good points (07/20/09 ID). DOL has really
created a monster, destroying a system of LCA that worked
perfectly and replacing it with a burdensome behemouth of
bureacracy that serves nobody good. Why don't these buraucrats
get fired?
David D. Murray, Esq. Newport Beach, CA

(b) Dear Editor:
It is my belief that documents for petitions, in this case a
spousal petition, should be thoroughly reviewed and scrutinized
before the petitioned party is instructed to undergo physical
examination prior to interview. This is one way to avoid delay
of the action on the petition. May I cite my case. I
petitioned my husband who is in the Philippines, in February of
2007. After several months of waiting, my husband was scheduled
for an interview in May 2008 where right there he was advised
that he can't be granted a visa because I, the wife, did not
terminate my first marriage. Of course it came as a blow
because we knew that everything was OK. We were surprised that
the Consul in the Philippine Embassy waited for the interview
time to tell my husband about this. Were the documents
presented to them or USCIS not enough proof of the dissolution
of the first marriage? They could have notified us before they
decided to schedule my husband for the interview. What I am
trying to point out here is, every petition, whether it be for
spouse, child, parent, etc. should be reviewed very carefully and
ensure that all needed documents are in order before going on
with the deciding process. This way, we spare all concerned the
inconvenience and shorten the waiting period.
Z. Achurra Panorama City, CA

(c) Dear Editor:
Just want to respond to Dave's letter (07/17/09 ID) and his
letter's statement, "We should only permit people into this
country who can add value to it, not live off it's fruits and
contribute nothing." What value has the letter writer added and
what contributions has the letter writer made to society in the
US?
Victor Johnston
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

Posted at 01:43 PM | Permalink | Comments (0) | TrackBack (0)

Jul 17, 2009

Jul 20 - Make Sure You Get It

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

July 20, 2009

http://www.ilw.com/immigdaily/digest/2009,0720.shtm

Items:
1. Comment: Make Sure You Get It
2. Focus: The Consular Posts Book, 2009-2010 Edition
3. Articles:
    (a) Bloggings On The H-1B Visa by Anthony F. Siliato and
    Scott R. Malyk
    (b) Bloggings on Dysfunctional Government by Angelo A.
    Paparelli
4. News:
    (a) USCIS On Denied H1B Petitions For Health Care Specialty
    Occupations
5. Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Paralegals
    (c) Help Wanted: Immigration Attorney
    (d) Website Services
    (e) Translation Services
6. Headlines:
    (a) Poll: Women Changing The Face Of Immigration Debate
    (b) PA Woman Sentenced In Immigration Case
    (c) AZ Attorney General Goddard Backs Changes To Immigration
    Raids
    (d) Feds Accuse SC Poultry Plant Of Illegal Hiring
7. ComingsNGoings:
    (a) Immigration Event
8. Letters From:
    (a) Honza Prchal, Esq.
    (b) Alice Yardum-Hunter, Esq.
    (c) Roger Algase, Esq.

http://www.ilw.com/immigdaily/digest/2009,0720.shtm

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
(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
webmaster@ilw.com.

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

The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010
Edition, shipping now, is as follows:

PART II. THEORY AND PRACTICE
Chapter 1: Introduction Chapter 2: New Attorney Vulnerabilities
in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS
Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials
and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy
As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work
Sites
Chapter 11: State Department Name-Checks and Security Advisory
Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task
Forces - Send In the Marines: Best Practices to Survive Audits and
Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa
Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

PART III. THE CONSULAR POSTS RESOURCES ON CD-ROM Selected
excerpts and documents: Statutes, Regulations, Foreign Affairs
Manual, Forms, Executive Orders, Department of Commerce, Department
of Homeland Security, Department of Justice, Department of Labor,
Department of State, Bureau of Labor Statistics, Customs and
Border Patrol, Citizenship and Immigration Services, Government A
ccountability Office, Federal Bureau of Investigations, Immigration
and Customs Enforcement, Internal Revenue Service, The White House,
ILW.COM, Miscellaneous,Web Links

(a) Bloggings On The H-1B Visa

Anthony F. Siliato and Scott R. Malyk write "Consistent with the
current culture of USCIS adjudications, H-1B employers who
provide IT consulting and staffing services are faced with yet
one more obstacle to navigate."
http://www.ilw.com/articles/2009,0720-siliato.shtm
http://blogs.ilw.com/h1bvisablog/

(b) Bloggings on Dysfunctional Government

Angelo A. Paparelli writes "Federal Inspectors General (IGs) are
critically-important public servants -- except when they are
entranced by the siren song of individual Members of Congress who
commission reports that lead to phony, pre-ordained and self-
serving outcomes."
http://www.ilw.com/articles/2009,0720-paparelli.shtm
http://blogs.ilw.com/angelopaparelli/

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

(a) USCIS On Denied H1B Petitions For Health Care Specialty
Occupations

USCIS issued guidance to certain employers who received a denial
of Form I-129 requesting H-1B classification for a beneficiary to
practice in a health care specialty occupation prior to May 20,
2009, the related memo can be found here.
http://www.ilw.com/immigdaily/news/2009,0529-velarde.pdf
http://www.ilw.com/immigdaily/news/2009,0720-h1b.pdf
_________________________________________________________________
5. CLASSIFIEDS

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process of launching your new website today.

(e) 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
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For a free quote, please complete
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_________________________________________________________________
6. Headlines

(a) Poll: Women Changing The Face Of Immigration Debate

Data suggest that half of U.S. immigrants are women, and they are
facing radically different challenges than those which confronted
their male counterparts of decades past.

(b) PA Woman Sentenced In Immigration Case

A King of Prussia woman was sentenced yesterday to 21 months in
federal prison for denying on an immigration application that she
had been a prostitute or had procured anyone for prostitution.

The changes could impact Maricopa County Sheriff Joe Arpaio's
enforcement efforts, including raids on drop houses and
businesses, conducted under a federal pact signed in April 2007.

(d) Feds Accuse SC Poultry Plant Of Illegal Hiring

Federal authorities say a South Carolina poultry processing plant
knew its managers were hiring dozens of illegal immigrants at a
facility raided in October.

For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0720.shtm#Headlines
_________________________________________________________________
7. ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: mailto:editor@ilw.com. To announce your event,
see here http://www.ilw.com/corporate/media_sponsor.shtm

(a) Immigration Event
July 28, 2009, 4pm EDT - The Law Enforcement and Public Safety
Channel is pleased to invite you to attend an Online Law
Enforcement And Public Safety Training & Knowledge Transfer:
http://www.leaps.tv/programdetail.php?program_code=200907281600.
_________________________________________________________________
8. LETTERS

Readers can share comments, email: mailto:editor@ilw.com (up to
300-words). Past correspondence is available in our archives
http://www.ilw.com/immigdaily/archives.shtm

(a) Dear Editor:
In a partial defense of immigration processing fees (7/10/09 ID
comment). Congress has made it quite clear (and that applies to
the Republican and Democrat Congresses of recent years) that it
wants immigrant processing to be self-supporting. The fees
charged support a fairly substantial government agency. Congress
loads the agencies up with contradictory mandates and then the
hapless bureaucrats are left to deal with the mess, always
subject to a Congressional hearing or other legislative branch
pressure if the political winds make it expedient to pick on some
poor civil servant. The blame for the fees is not properly
affixed to the executive branch, though individual cases of
surliness, thick headedness and all the rest often are. Congress
passes laws with goals that are often in conflict in the same
bill so that it's members can claim to be on the right side of
any screw-up that inevitably happens. We can see the same dynamic
in tax code fights or environmental regulations, each of which
also tries to address every concern and problem in the world and
succeeds mostly in making life more stressful, more fraught with
unintended consequences and less just than it should be. I not so
humbly suggest that we need radical simplification of the
immigration system, not additional ombudsmen (though the one's
I've met are nice enough) or layers of additional memoranda. Cut
the variety of visas down dramatically and limit the screening
process to eligibility, health and security concerns and the
costs should decline tremendously. To pick one example, I see no
role played by the Department of Labor that comes close to
justifying the hassle it adds to the immigration process. Let
costs regulate the system. Then numbers can fluctuate through
supply and demand instead of years of queuing that vary wildly
depending on the country of origin of the person applying.
Honza Prchal, Esq. Birmingham, AL

(b) Dear Editor:
Yesterday, July 15 will be a historic day in my career. New
client expiring status that day, desiring to depart the U.S. but
unable to, so fallback position: file an extension application
for a short few months. Tried to do that online and for the first
time in years since inception in my experience, the online E-
filing system did not work. No matter what credit card or bank
account number I tried to pay with, none worked. Neither did some
of the usual links, like simply processing times at the Service
Centers. Fortunately, all failures could be documented by simply
printing out the pages, but what about the rights of individuals
in the process. If the government wants to know about
usability of its website and feedback they should read this: they
must have their website available 24/7 if they profess to accept
e-filed cases. For individuals whose statuses are expiring with
no other options have to be able to file their cases predictably
there, or if they're unable to, rationale of untimely filing
based on error of the government and no fault on the part of the
alien for this reason doesn't reflect well on the system. To be
prevented from filing timely in emergencies due to CIS website
errors shouldn't be tolerated, or categorically excused.
Hoping this is short and sweet enough, and worthy of the
attention of those whose opinions matter on such issues.
Alice Yardum-Hunter, Esq. Encino, CA

(c) Dear Editor:
Edward R. Litwin's letter (07/17/09 ID) is a good description of
the arrogance of government officials, in this case DOL staff in
charge of PERM, who seem to have forgotten that they are supposed
to be administering laws that are intended to allow qualified
people who follow the rules to get immigration benefits, not
using these laws an an excuse to prohibit immigration, something
that only Congress has the right to do. On a related note, I just
had my first experience with the new DOL icert LCA procedure for
H-1B cases. I was delighted to find out that my client's LCA was
certified, but during the one-week waiting period the employee's
work authorization came very close to expiring, meaning that the
employer which is filing the H-1B would at the same time have to
lay the person off until October 1, since the automatic extension
of EAD's pending a decision on cap subject H-1B petitions does
not apply to EAD's that have already expired at the time of
filing the H-1B petition. In addition, though this may be a small
point, I never got the promised email from the DOL confirming
that the LCA form was certified. Neither did the employer. I had
to find out through other means. What is the point of cancelling
a DOL system which was working fine and replacing it with one
which works imperfectly, and with unnecessary delay? Protection
against fraud? Give me a break. There has been fraud ever since
the serpent caused Adam and Eve to be deported from the Garden of
Eden. But throwing monkey wrenches into immigration systems is
not the way to combat fraud, which, in the case of most
immigration programs, is highly exaggerated. The only real
purpose of this kind of government obstructionism is pandering to
the anti-immigrant lobby.
Roger Algase, Esq. New York, NY
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!

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

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July 2009

Jul 31, 2009

Aug 3 - Birthers Bolster Democrats

Jul 29, 2009

Jul 30 - ABA Membership Shrinking

Jul 28, 2009

Jul 29 - Police Foundation

Jul 27, 2009

Jul 28 - The Birthers

Jul 24, 2009

Jul 27 - The Empty Country

Jul 23, 2009

Jul 24 - Rule Of Convenience

Jul 23 - Fight Notario Fraud

Jul 21, 2009

Jul 22 - Health Care Climate Change And Immigration

Jul 20, 2009

Jul 21 - RFEs And Hypocrisy Among The Antis

Jul 17, 2009

Jul 20 - Make Sure You Get It