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Immigration Daily July 15, 2005
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Many Letters

Today's Immigration Daily carries more than a dozen letters covering a wide range of topics. To read any or all, see below.

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


Nurse Immigration Seminar On July 21st

The July 21st session of our healthcare telephonic seminar series will focus on nurses. The curriculum is as follows:

  • EB-3 Retrogression (Impact of 50,000 additional numbers, Mechanics of implementing the new law)
  • Immigration Reform proposals (The H-5A non-immigrant visa, Additional borrowing from unused EB-3 numbers, Doubling of EB numbers)
  • Alternative visa strategies for nurses (H-1C, H-1B, TN, Fs and Js, H-3s)
The speakers will be Sylvia Boecker, Sherry Neal and Bill Stock, with Greg Siskind leading the discussion. The deadline to sign up is Tuesday, July 19th. For more info including detailed curriculum, speaker bios, and to register, please see: (Fax version:


US FICA Exemptions For Foreign Students
Paula N. Singer, Esq. writes "Under the immigration rules, foreign students are authorized to work on the campus of their authorized institution for a maximum of 20 hours a week while classes are in session."


CRS Report On Immigration Consequences Of Criminal Activity
The Congressional Research Service issued a report on the immigration consequences of criminal activity.


Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity in our dynamic team in the Law and Corporate Affairs Department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your resume in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer and strongly supports workplace diversity.

Help Wanted: Immigration Attorney
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking a senior level associate with a minimum of five years of business immigration experience for our San Francisco office. We are looking for someone who can have an immediate impact, and who can act as a liaison with some of our larger clients in the immigrant visa practice. Our attorneys work in a fast-paced, high volume environment, and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. The ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are a must. We offer competitive salaries and benefits. Please submit your resume via email to or by fax to 415.217.4426. No phone calls please.

Help Wanted: Immigration Paralegal
New York-based Immigration Law Firm with heavy entertainment based practice seeking paralegal experienced in Non-immigrant visa matters including O & P Visas, H & L Visas. Minimum 3 years experience required. High-pressure position with great potential for the right individual. Submit your resume to Jeffrey Gabel by email at: or by fax: 212-695-3008.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast-paced, leading immigration law firm seeks lawyer with 2+ yrs' of business immigration experience handling full range of diverse nonimmig. and immig. matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please submit cover letter & resume to

Labor Certification Advertising/Recruiting
Adnet Advertising Agency Inc. has provided labor certification advertising services to immigration attorneys since 1992. Adnet helps attorneys find appropriate places to run labor cert ads, places the ads, obtains the tearsheets, and offers a variety of billing options. Attorneys can manage the entire ad process through Adnet's secure web-based Ad-managment system. Most of Adnet's services are free since we receive a commission from the newspapers and journals where the ad is placed. Adnet services large international law firms as well as solo practice attorneys. Call us at 212-587-3164, visit, or email us at Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.


Readers can share their professional announcements (100-words or fewer at no charge), email:

New Offices
Allen C. Ladd, P.C. announces its relocation to offices at 105 Pelham Commons Blvd., Greenville, SC 29615. The firm offers full-service immigration representation. The office staff is bilingual English/Spanish. Mr. Ladd is a fluent French-speaker and has practiced exclusively in immigration law since 1988.


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

Dear Editor:
Regarding Immigration Daily's statement, "border protection is literally impossible without large-scale immigration benefit legislation" (see 7/14/05 ID comment), from what I'm hearing from the general population (legal) Immigration Daily and other pro-immigration people are doing more for the anti-immigration movement than we are doing ourselves. Continue to make the average hard working tax paying legal citizens even more fed up than we are now.


Dear Editor:
I wholeheartedly agree with your comment in the July 14, 2005 issue of ID entitled "Vigilantes in Uniform." It seems that Officer Garrett Chamberlain is trying to make a name for himself by charging undocumented aliens he stops on state criminal trespassing charges. I have seen this man on several talk shows and have read numerous articles for which he has been interviewed. It's only a matter of time before Chamberlain seeks out a book deal or decides to run for political office. Aside from the issue of the ridiculous charge of criminal trespass, one must wonder under what circumstances these people are stopped. If these people only end up being charged with criminal trespass or perhaps not having a valid driver's license, what caused the stop in the first place, could it be race? How would the officer know to stop such individuals? It's hard not to suspect racial profiling by this officer. If a car with three Hispanic-appearing males was driving through New Ipswich, NH and Chamberlain caught a glimpse of it, I wonder what the odds are that the vehicle would be stopped for "speeding" or having a "broken tail light"? For all of our sakes, hopefully someone is carefully watching over the conduct of such vigilantes before such behavior inspires other police forces around the country to follow suit.

Concerned Citizen

Dear Editor:
As one of the attorneys defending Mr. Mora Ramirez against the criminal trespass charge in New Hampshire, (see 7/14/05 ID comment) I would like to thank Immigration Daily for mentioning the ongoing controversy stirred up by two local Chiefs of Police here. We of course would like to put a quick end to this practice so that no other jurisdictions will consider following suit. The next three weeks should provide at least a preliminary answer as to whether this type of activity is going to be allowed to continue.

Randall A. Drew, Esq., Law Offices of Mona T. Movafaghi, PC
Merrimack, NH

Dear Editor:
I'm the office manager of a firm that practices immigration law and have also served as a legal intern at the DHS Office of Chief Counsel, so I have watched immigration law in action from both sides of the court room. In reading about the NH police using local trespass law to send a message (see 7/14/05 ID comment), the prevailing theme is that undocumented non-citizens present in U.S. communities are victims, with whom we should have unending empathy. My own empathy has limits. I have seen too many persons come to our office, who have repeatedly broken laws, ignored gov't notices, admitted to falsifying documents, passports, and married people they hardly knew, in order to wrangle some sort of U.S. lawful status. When their luck runs out and they find themselves in removal proceedings, their first reaction is to howl about inequities, how unfair it is that they have lived here many years, and now they have to leave. Does the growing number of US deportees who are being returned to their native lands not inform would-be immigrants that there is an element of risk in deciding to leave your home and move illegally to the US? And that by deciding to do that, you engage that risk, such that when it materializes, there's a need to take personal responsibility for the consequences of your choices? Ignorance of the law is no excuse for citizens, so there's no justification for allowing it to be an excuse for non-citizens. If persons choose to take the risk of being unlawfully present in a foreign country, they need to do so with awareness that should the risk materialize, even in the form of enforcement of local laws, it is unrealistic for them to expect to be mollycoddled by authorities.

Jay McTyier
Palm Harbor, FL

Dear Editor:
The immigration laws will be enforced by the local law enforcement infrastructure if the Federal Government continues to fail to do its constitutional duty of protecting Americans from domestic and foreign enemies (see 7/14/05 ID comment). Thank God for the patriotic local policemen. Did the federal government not tell us to be vigilant about people suspected of harming us, after 9-11? "If you see something, say something"... Immigration Daily is the misguided party, and all the other do-gooders who fail to understand that these economic refugees are forced by the corrupt Mexican government to come to the US in order for US taxpayers to take care of them, so that Mexico does not have to. They are bit chasing the American Dream, unless you define that dream to be 'picking our pockets' and subsidizing the Mexican economy... Mr. Castaneda is aiding and abetting the subversion of US law and should, as a minimum, be deported from America.

Marcelo Didier
Galena, IL

Dear Editor:
Regarding 7/14/05 ID comment, we immigration attorneys do a profound disservice to our clients and to the source of all our prosperity, the US, and, so, ultimately, to ourselves, when we imply in any way shape or form that the immigration laws of the US should not be enforced to the fullest. Quite the contrary, we, perhaps more than anyone, have an economic, and moral, interest in seeing that US Immigration law is enforced vigorously and effectively. The great crisis of US Immigration law is almost entirely the product of the government's failure to allocate sufficient resources to enforce its immigration laws. This leads to a vicious cycle. Public opinion is outraged by the flaunting of U.S. immigration laws by certain irresponsible elements of the immigrant community, which leads to greater demands to "get tough" and "crackdown" on illegal immigration, which leads to the creation of new and more unreasonable immigration laws which have as their effect, if not their purpose, the making of more legal immigrants illegal, which leads to the realization that there are more illegal aliens in the US which leads to greater demands to "get tough" and "crackdown". AILA, as an organization, needs to demand, that the government allocate sufficient resources to enforce the laws which exist today. Only when the American public is confident that the laws on the books already are being enforced, will they be willing to support expansion of legal immigration, such as George Bush's enlightened, but currently politically infeasible, temporary worker program. Otherwise AILA will become increasingly irrelevant to the immigration debate - a whining, carping voice for immigrants unwilling to concede that immigrants have responsibilities as well as privileges, increasingly ignored by anyone who is interested in solving the immigration problem on any grounds other than simply "open borders". Face reality my friends. Or reality will deface you.

Michael E. Piston

Dear Editor:
I think that some of the answers to Rep Smith's questions (see 7/13/05 ID comment) do a diservice to the cause. His question about amnesty and Immigration Daily's dodge of it by correlating it to prohibition does nothing to help. It is a reasonable question. If it amounts to amnesty than we face that fact and show why it overcomes objections. There are other answers as well that seem to merely mock the Rep Smith's concerns. The concern about regulating and controlling immigration is a legitimate one. If we mock that concern anytime someone naively raises a point, we will lose the listening ear of those who are searching to find the truth of the matter. There is truth on both sides of the issue. We need to connect them and embrace them.

Victor Jackson Esq.
Rodriguez-Poston & Poston

Dear Editor:
Regarding the 7/13/05 ID comment, (1) there are billions of people in this world worse off than Mexicans. Unless we can legally accommodate them all, we will continue to see massive illegal immigration. Accommodating them all will result in a continuing race to the bottom until wages in the U.S. were so low that no one would want to come here. (2) Workers are now bringing their children here for a free education or a better life that's unavailable in their homelands. (4) Illegal immigration already hurts average Americans by the tax burdens it places on them to provide benefits such as healthcare and education to illegal aliens and through lower wages. If U.S. businesses restrict access to U.S. markets through the use of tariffs and quotas, then why should we also reward them with unlimited access to another subsidy, imported illegal labor? Where is it written that every industry must continue? If workers must re-train for new careers, then why shouldn't entire industries also fall by the wayside? (5) Reasonable security checks such as we have now for intending immigrants would be appropriate before applying for any guest worker program or other immigration benefit. (6) If foreign workers are so valuable, why is it that their homelands can spare them? (7) All immigrants are not created equal. (9) I invite Rep. Smith to reduce immigration to manageable levels as recommended by the Jordan Report in the 1990s. Why should the American public pay for an immigration system which primarily benefits immigrants themselves, or companies that want cheaper imported labor? Since U.S. residency is so valuable that illegal aliens will pay tens of thousand dollars to come, kick the fees for immigrants and employers into the stratosphere.

Ali Alexander

Dear Editor:
Regarding your comment about Tom DeLay's immigration reform comments (see 7/13/05 ID), I doubt that many members of Congress cannot understand the link between immigration reform and the flow of undocumented workers. To the contrary, they know very clearly that the way to stop illegal immigration is to create a legal way for essential workers in the US to obtain legal status, and for the future flow of such workers to obtain legal entry into the US. Congress either repealed the Bracero Program in 1964, or let it expire, so Congress can revisit the issue now that we have such an untenable situation. The lack of a visa status for these workers who are essential to our economy has brought us to the point that we are spending billions trying to stop the economic law of supply and demand from working. If we had a legal avenue for these workers to use, we would not have to spend so much money and effort trying to keep manual laborers from entering the US. If we want to see reform anytime soon, the immigration bar needs to persuade our clients who are being hurt by this Congressional failure to act until the law changes. This is especially true of our business clients, who tend to be the people to whom Congress and the Administration listen most closely. Despite the importance of this sector of our business community, Congress has failed to act. Unlike other sectors of the business community who lobby Congress for change in the immigration laws, this sector of the business community has been ignored. If that sector speaks out forcefully and repeatedly about the need for reform, it will give the vast majority of Congress members, and the President, the comfort level to do the right thing.

Gerard M. Chapman
Greensboro, NC

Dear Editor:
After reading your comment about PERM (7/12/05 ID), what discourages anyone to file the on-line application is DOL's lack of managing the system. Companies have to learn how to file a Labor Certification application, another reason why an attorney is no longer necessary, another way to reduce corporate costs. Secondly, DOL will deny applications if the computer cannot "read" proper information rendered as per the instructions, not as asked in the form. For example, first "date of publication", then comes the denial stating it did not state the "first Sunday" it was published in the newspaper? And so on. Lately a company contacted our services to ask if the system got suspended, because they looked at the internet and read the denial of an application submitted early May, and as it did not arrived after 2 weeks, they wrote an e-mail to which they received the following answer from DOL: "DFLC will be making changes to the PERM application, and temporarily has suspended mailing out letters from the PERM centers". It was in that week that they finally received the letter of denial which was again based on a "misunderstanding" on what to indicate on the form, when the instructions stated something else. Appreciate your Immigration Daily comments and have been enlightened by Immigration Daily's articles.

Jacqueline Danzer

Dear Editor:
Is there something that I can put in my email addresses to prevent Spam Fighter from filtering out Immigration Daily?

Leslie Davis
Senior Paralegal

Editor's Note: We urge you to check with your Network Admin about this situation - your emails can be blocked in many ways, spam filters are just one way. Tell your Network Admin you want to receive Immigration Daily and give him/her/them a copy of the header information in Immigration Daily (this can be done by forwarding your email copy of Immigration Daily as an attachment) so that the Network Admin will have all the information they need to ensure delivery to you. If the problem persists, please write to us.

Dear Editor:
I am a reporter for the Belleville (Ill.) News-Democrat. I am researching a story about legal immigrants in Southern Illinois who have been deported or who await deportation after being convicted of aggravated felonies. I would like to talk to anyone who knows immigrants in Southern Illinois who fit this profile, in particular immigrants fighting removal orders who are housed at the Tri-County Detention Center in Ullin, Illinois. If you can help me, please contact me.

Mike Fitzgerald

Dear Editor:
How can Immigration Daily sleep at night when all of your waking day is spent helping illegal immigrants? They are dragging this country down and you are cheering them on. Doesn't Immigration Daily have any respect for this country and what we as a nation went through for 229 years building it into. The Mexicans want to come to America to take advantage of our opportunities, but few are willing to contribute. They say they love this country and want to be American, yet they bring their cultures and language with them, refusing to learn our culture and speak our language. I wish Immigration Daily would take a minute and really think about the situation we are in because of illegals. Does Immigration Daily really want America to fade away like so many lost civilizations in the past. I don't. I love this country, and I hate to see it change so fast. I don't want to spend my retirement years living in Mexico, and I still have 40 years to go. A lot can happen in 40 years. Please, don't contribute to the devastation of my future.


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 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim