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Immigration Daily July 20, 2006
Previous Issues
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Comment

First PERM BALCA Decision

In the first ever PERM decision rendered by BALCA, In the Matter of HealthAmerica, No. 2006-PER-00001 (BALCA, Jul. 18, 2006), the BALCA found against the DOL and said that "we find that FAQ No. 5 imposes substantive rules not found in the PERM regulations, nor supported by PERM's regulatory history, nor consistent with notions of fundamental fairness and procedural due process." The issue at hand was whether the evidence before the CO in issuing a PERM decision is just the information contained in the 9089 form itself, or do some/all of the documents contained in the employer's audit file also constitute information that the CO must consider in rendering a decision (the attorney had made a typographical error on the date of an ad on the 9089 form, the date on the actual tearsheet was correct). The BALCA found that "The CO's policy not to consider mistakes made by employers is arbitrary and capricious and not supported by any regulatory language, regulatory history or decisional law."

In the labor certification context, DOL has historically acted as if regulations are merely advisory, this tendency has gotten worse since GAL 1-97 (i.e. since October 1996). Over the course of years and decades, the immigration bar has unfortunately found it expedient to connive with DOL in viewing DOL's administrative memoranda on an equal footing or superior footing to regulations and the statute. As this decision from BALCA reminds us, however, DOL has to comply with the Administrative Procedure Act (APA) in making rules: "Although web site FAQ postings are a very powerful method of disseminating information and undoubtedly provide helpful guidance to applicants and their representatives, they are not a method by which an agency can impose substantive rules that have the force of law." The new PERM process's numerous demanding criteria impose almost superhuman requirements on employers, BALCA reminded DOL on the APA's application to this context: "The quid pro quo for such stringent criteria is explicit notice. The less forgiving the standard, the more precise its requirements must be." Unsurprisingly, BALCA found here that "The CO's denial of the application based on the typographical error in the Form 9089 elevates form over substance."

Despite the fact that DOL stated in the preamble to the PERM rule that "BALCA should not have any authority to remand cases to the CO", and the fact that BALCA concluded that the CO's brief "puts a unique gloss on the term 'remand'", BALCA nevertheless returned the case to the CO observing that "the text of the regulation itself does not affirmatively bar BALCA from remanding a case, but rather just removes the pre-PERM regulation's explicit authorization of BALCA to remand."

The heart of the problem is that the PERM system is not designed for large volumes of applications. Only a more employer-friendly, simplified system which results in a much greater percentage of approvals can process a large volume of cases. DOL's fundamental quandary follows from the fact that it judges its success on the percentage of cases it manages to deny - thus inevitably bringing into being a backlash against itself from deep-pocketed employers armed with smart immigration lawyers.

The practice pointer from this case for immigration practitioners appears to be straight forward - go to BALCA early and often! We cannot resist mentioning some resources from the pre-eminent BALCA scholar, Joel Stewart:

  • The latest seminar on PERM - PERM Practice Here And Now, moderated by Joel Stewart.
  • Stay on top of the latest in PERM by subscribing to PQ: The PERM Quarterly, edited by Joel Stewart.
  • Get the definitive book on PERM - THE PERM BOOK, edited by Joel Stewart (which includes a section-by-section interpretation of the PERM rule by Joel Stewart along with his commentary on the rule).

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Family-Based Immigration: Nuts And Bolts

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

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

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

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

For more info on Family-Based Immigration: Nuts & Bolts, and to order, http://www.ilw.com/books/familybasedimmigration.shtm.


Article

Intra- And Inter-Agency Cooperation In The Investigation And Litigation Of Cases Involving Modern Human Rights Violators
Stephen J. Paskey writes "From the beginning of the Office of Special Investigation's existence in 1979, cooperation between OSI and other offices and agencies, including the U.S. Attorneys' Offices (USAOs), has been an important factor in the successful prosecution of civil denaturalization cases against persons who assisted in Nazi persecution."


News

BALCA Says PERM FAQs Are Impermissible RuleMaking
In the Matter of HealthAmerica, No. 2006-PER-00001 (BALCA, Jul. 18, 2006), the Board of Alien Labor Certification Appeals said, "we find that FAQ No. 5 imposes substantive rules not found in the PERM regulations, nor supported by PERM's regulatory history, nor consistent with notions of fundamental fairness and procedural due process."

DOS Announces 2007 DV Winners
The Department of State announced the winners of the 2007 Diversity Visa Lottery.


Classifieds

Help Wanted: Immigration Attorney
Arlington, VA - Immigration law firm, established 1972, seeks attorney with 2+ years experience. Levine&Associates, located four miles from Washington, DC, on the Virginia side does all aspects of immigration law. Partnership potential for attorney who is self reliant, does not watch the clock (within reason) and who is able or easily trainable to have client consultations without supervision. If you're hard-working, detail oriented, willing to learn, self-confident, and enjoy immigration law, then you might be the right person for this position. Additional skills needed: able to write well, enjoy helping people, able to delve into a situation and create a favorable situation creating excellent result. Bonus and other incentives available for bringing in clients. Smoke-free work environment. Contact Samuel Levine at (703) 524-8500 office or (703) 965-2878 cell. Resume is required before interview is scheduled, please fax to (703) 527-4473.

Help Wanted: Immigration Paralegals
Santa Monica, CA - Wolfsdorf Immigration Law firm, an AV rated 50+ employee law firm, has several paralegal positions available. There is enormous growth potential in our pleasant working environment. The positions require 2 to 5 years of business immigration experience, including a full range of diverse nonimmigrant and immigrant matters. Qualified candidates must have excellent writing, communication, organizational & case management skills. We offer competitive salaries and benefits and we encourage and promote our employee's professional growth and development. Please send your resume with a cover letter and salary requirements to: Bernard@Wolfsdorf.com. Join us and help contribute to one of the most dynamic immigration practices in Southern California.

Help Wanted: Immigration Attorney
Midtown NYC - 13 person fast paced, leading immigration law firm seeks lawyer with 5+ years of business immigration experience. Handling full range of diverse nonimmigrant and immigrant matters. Must have excellent writing, communication and organizational skills. Competitive compensation package offered. Please email cover letter and resume in MS Word format to Marcia Needleman at mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
13 person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with Family based, naturalization and other applications a plus. Bi-lingual Spanish/English also a plus although not required. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing , communication & case management skills. Competitive compensation package offered. Email resume and cover letter in MS Word format to mneedleman@levittandneedleman.com.

Help Wanted: Immigration Professional
Corporate/immigration Legal Assistant - Moore & Van Allen PLLC has an exciting opportunity in business immigration law with a large, full service law firm in Charlotte, NC. Prior immigration experience not required. However, candidate must have interest in working with large business immigration practice with multinational clientele. Candidate must be well-organized and have strong attention to detail. Candidates fluent in Standard Mandarin and/or Standard Cantonese preferred. Preference also given for candidates with experience working with clients in China, Singapore, or Japan. Salary is negotiable and commensurate with experience. Attractive benefits package offered. Relocation assistance may be provided to the right candidate. Please submit letter, resume and salary requirements to Stephen Hader Esq.: shader@mvalaw.com.

Help Wanted: Immigration Paralegal
Charlotte, NC - Large business immigration practice seeks experienced immigration paralegal. Undergraduate degree required. Candidate must be well-organized; have strong writing, communication, and computer skills; have strong attention to detail; and have ability to work independently on multiple tasks. Prior employment-based immigration experience preferred. Candidate should also have experience working with Fortune 500 clientele and international executives. Salary negotiable and commensurate with experience with an attractive benefits pkg. Relocation assistance may be offered to right candidate. Submit cover letter, resume + salary requirements to Steve Hader Esq.: shader@mvalaw.com.

Help Wanted: Immigration Paralegal
Phoenix, AZ area - Join a team that works hard in a relaxing, collegial atmosphere. Employment-based firm with Fortune 500 clients seeks a full-time paralegal. Must have at least two years employment immigration experience including H-1B, L-1, TN and labor certification. Physician J-1 waiver and NIW experience a plus. Must be highly motivated, detailed-oriented and have outstanding communication, technology and people skills. College degree preferred. Excellent salary and benefits including health, dental, vision, long and short term disability and retirement benefits. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon. Email cover letter with resume + salary requirements to Theresa Talbert: ttalbert@breljelaw.com.

EB-5 Investor Program
We can make you a powerful offer. A conditional green card with no quota backlog for your clients. A generous finders fee from American Life Inc. for you if allowed in your state. One of the best-kept immigration secrets ... a real estate limited partnership investment of $525,000 in an EB-5 Regional Center program gives your accredited investor clients freedom. Live anywhere in the U.S. without being tied to a job or business. No need for day-to-day management of an active business. Want to know more about the immigration benefits of EB-5 cases? Call Mark Ivener at 1-866-767-1800 to answer your EB-5 immigration questions. With more than 30 years immigration law experience and five immigration law books to his credit, Mark Ivener is American Life's Immigration Consultant. For more information visit our website, www.amlife.US.


comingsNgoings

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

Immigration Book
Minutemen: The Battle to Secure America's Borders By Jim Gilchrist and Jerome R. Corsi. World Ahead Publishing, 375 pp. Hardcover, ISBN: 0977898415, $16.35. http://www.amazon.com/exec/obidos/ASIN/0977898415/.


Letters

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

Dear Editor:
Regarding the Army Sargeant issue, this is the sort of bureaucratic tangle that will continue indefinitely until the light of day is shed on it through the press and congressional intervention (see 07/19/06 ID comment). Maybe not his congressman, but someone like McCain or another former veteran serving in Congress. This is the sort of case that he should take to the NY Times or the Washington Post to discuss the clash of values between those Congressmen who like to trumpet the support the troops theme and also declare that nothing should be done for people who have previously entered the US illegally. A little press attention would test what they value more - supporting the troops or getting another reelection year sound bite about being tough on immigration?

Craig Trebilcock, Esq.

Dear Editor:
Although not stated, it appears you were a permanent resident when you initially filed in 2001 for your wife which makes her subject to a quota in the Family 2A preference category (07/19/06 ID comment). When a visa became available, either by quota or you becoming a U.S. citizen and upgrading her petition, only then she can apply for permanent residence. If she entered the USA EWI, she will not be able to adjust her status in the USA unless the I-130 visa petition was filed before 4/30/2001. She can then take advantage of the 245i benefit by paying a penalty of $1,000. Since immigration officials said she had to go to Managua for her interview, it appears she was not eligible for 245i, If the case is already in process at the American Consulate in Honduras, the current ban of visa issuance will not apply to her, but she will have to get a waiver for violating INA section 212(a)(9) which bans re-entry for 10 years to aliens who have lived in the USA for more than one year without a proper visa. It appears that she did not have a visa here and is therefore subject to that ban. With two USC children and a husband, she will surely be given the waiver if you show that the 3 of you will suffer extreme hardship if she does not return. The bad news is that such a waiver is taking 6-months minimum to get in Honduras. She will have to stay there until she is given permission to re-enter the USA after the waiver is granted. If the case isn't in process in Honduras, there's a problem although exceptions will be made at the consulate to waive the current ban on visa issuance.

Kathryn E. Terry, Esq.
Orange County, CA

Dear Editor:
I wonder if Sargeant Ubau's wife is subject to 10 year bar and requires a hardship waiver to come back to U.S. She should have never left U.S. from the beginning (07/19/06 ID comment).

Sufen Hilf, Esq.
Franklin, MI

Dear Editor:
Regarding ID's 07/19/06 comment, Sgt. Ubau's letter is partly correct - on June 16, 2006, the US Embassy in Tegucigalpa, Honduras, stopped scheduling appointments for the issuing of visas to Honduran citizens. Although there were other political reasons suspected, the official reason offered was the numerous incidents of foreigners obtaining Honduran birth certificates and other fraudulent identification - perhaps the final straw being two Cameroonians applying for Honduran passports. The issuing of false identification documents at the Honduran Office of Migration has long been a well-known problem. On 6/26/06, the Embassy in Tegucigalpa again began scheduling visa interviews after the Honduran government developed a plan to hold the corrupt officials accountable and bring them to justice. I have been unable to confirm that the US Embassy in Managua, Nicaragua is not processing immigration matters, as it is not listed on the DOS website that lists countries with limited or no visa services - but I can confirm that the 1-800 number previously used for visa inquiries in Managua has been disconnected and there's no new number. Central America is in the worst throes of poverty and a hotbed of violence, corruption and rampant civil rights abuse. In April a seismic alert was issued near the San Cristobal Volcano in Nicaragua, where in April at least 26 minor eruptions were registered in the volcano's interior. It very may be that Managua consular functions have been suspended, and that they have slowed in Tegucigalpa, but complaining to your Congressman/Senator will not resolve this. DOS personnel who staff US Embassies and Consulates worldwide are working in the service of their country, and although they are often unsung heroes in troubled times, just like with the soldiers in Iraq, there are often circumstances not within their control that interfere with their mission.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
This is in response to Robert Yang's letter (07/18/06 ID), proposing that legal residency be granted only to aliens who show home ownership and self employment giving jobs to at least 2 legal residents. With all due respect to his opinion, his proposals would be incredibly unfair to many intelligent and talented people. It would force lawfully employed aliens to quit their jobs and start cottage businesses, including: a top executive at a multinational corporation; a pediatric heart surgeon at a major medical center; a professor of physics at a renowned university; an accomplished musician playing in a symphony orchestra; and other employees who are a vital part of the United States economy. Why should we favor giving residency to the owner of a tiny convenience store, someone who sells newspapers and cigarettes to commuters, over an attending staff physician at a hospital who saves patients' lives every day? What is wrong with being a lawful employee who is here on a valid non-immigrant visa? And why should home ownership be a prerequisite for residency? There are parts of the US where ordinary house prices have soared past the one-million-dollar mark. What's wrong with living in an apartment with a valid lease agreement and paying rent to a landlord? Why should the U.S.A. bar residency to every alien who is not a homeowner and business owner? Doesn't that favor people without college degrees or those who become self-employed because no one will hire them? Every change in the immigration law has far-reaching consequences. It's important to thoroughly consider the possible consequences of any proposals for immigration reform.

Judy Resnick, Esq.

Dear Editor:
Mr. Ranger's latest letter (07/19/06 ID) claims that the 1924 immigration law, which his previous letter mentioned with evident nostalgia, had nothing to do with race. Anyone who seriously believes that might also be interested in buying a bridge over the Rio Grande. It is true that the immigration quotas in the 1924 law were ostensibly based on "national origins", not race. However, the quotas did not reflect the relative proportions of various nationalities to the total population at that time, as Mr. Ranger's letter argues, but were based on the figures for 1890, more than 30 years earlier, when people of "Nordic" origin were a much greater percentage of the total population than in 1924. This was no accident. Between 1890 and 1924, millions of Jewish, Italian and other immigrants came here from Southern and Eastern Europe. (Asians had already been excluded by previous laws). Even though, as Samuel Huntington confirms, these immigrants made great efforts to assimilate, any objective historian would agree that there was virulent prejudice against them, and that they were regarded by "restrictionists" of the time as racially inferior to Northern Europeans. Even Huntington, whom no one would ever accuse of favoring open borders, mentions in his book "Who Are We?" (page 135) that the 1924 law was criticized as "nativist" and "anti-immigrant", a description he does not dispute. Other historians, who unlike Huntington, do not have an ax to grind against a particular minority immigrant group, are far more open in discussing the anti-Semitic, anti-Italian and anti-Asian racism which led to the adoption of the 1924 law. This same type of hatred, now directed mainly against Latinos, is behind the House immigration bill.

Roger Algase, Esq.

Dear Editor:
Responding to (07/19/06 ID comment), tough situation. Even tougher because of IIRAIRA, and its 10-year bar: In all probability, his wife must prove extreme/unusual hardship to USC/LPR family members or she won't get the immigrant visa. End of story. Take a bow, Congress. Suggest this to "60 Minutes." The media is apparently unaware of this phenomenon. The public needs to know there is a human face, not to mention an all-too-human toll, in illegal immigration. Stories like this prove it.

ACL

Dear Editor:
I was really saddened to read the letter from Sergeant Ubau (07/19/06 ID comment) about the trouble he's having getting his wife's permanent residency status straightened out. I'm sure as he says that they are just one of thousands of families who have similar problems and can't get anyone to help them through the red tape. It is sad to think that there is seemingly no way to get through the bureaucratic tangle and reach an actual human being who would be able to get the papers straightened out. If I know what part of California Sargeant Ubau lived in and who was his Congressperson, I would be glad to write an additional letter or email to him or her to urge some compassionate intervention for you and your family.

Martha Jackson
Berkeley, CA

Dear Editor:
I am writing this because I am confused by the Immigratoin Daily's comment (07/19/06 ID) relating to Seargant Ubau's letter. Was the comment stating that he is "clearly caught in a bureaucratic tangle," and wishing him that he gets the relief he is seeking, all the response he received from your publication? If ID did respond to him personally, providing him with some general information, then I am sorry for having taken up your time. If not, then I am quite disappointed with this publication for not doing so. While the fact that he is someone who just returned from his service in Iraq was what initially got my attention as I was reading his letter, I felt that, most importantly, he deserved to receive some information from ID as a lay person who turned to this publication for assistance. I strongly feel that we should encourage those who are not in the legal profession to write to publications such as Immigration Daily. Despite the fact that immigration law is a field with much client contact, I think that we relate to the "human factor" much more sometimes when we read it somewhere like, say, Immigration Daily. Given all this, when someone like Seargant Ubau turns to ILW.COM for help, I hope that ILW.COM could send him some general information, like how to find low-income immigration assistance in his area, or to turn to the Army Legal Services for help if he is still on active duty, etc. Clearly, he himself understands that he "has been caught in a bureaucratic tangle," otherwise, he would not have written in asking for help.

Nataliya Gekht

Editor's note: as a matter of policy, we do not respond to letters to the Editor, unless it is to correct a factual error that was made or to explain techical matters related to Immigration Daily and/or ILW.COM. We encourage Immigration Daily readers to correspond with one another on issues in our letters to the Editor section. However, this letter was special which is why we carried it in our Comment section. We have received several emails which were marked not for publication and which we have forwarded directly to Sargeant Ubau.

Dear Editor:
It was with shock and awe that I just read Sargeant Alfredo C. Ubau's letter (7/19/06 ID comment) - however, it is without any surprise. This is just another example, and very typical, of how extremely disfunctional and in consequent this country's immigration system is. The terrorist suicide pilots who flew the jets into the WTC got their Green Cards issued post mortom just weeks after they killed thousands of innocent lives. Amongst those innocent lives were immigrants too. Who are fighting the war against terror? Amongst those brave soldiers on the battle fronts are immigrants like Sargent Ubau too. Since 9/11 immigrants were placed on the back burner and were ignored despite the fact that they are just as involved and affected as this country's citizens. Our family is also a victim of this system. It took them 6 years to get a permanent labor certification certified after it has been in a backlog amongst some 300,000 petitions. How is this government going to handle the some ± 12 million illegal, undocumented immigrants when they bring in immigration reform if they cannot even handle the documented immigrants who came here legally, pay taxes, social security and are working hard and pay their way to get legally through this corrupt system, bureaucrats and red tape to adjust status? It is just beyond me. Sargent Ubau, I honor you. You are not only fighting on the battle fronts to keep this nation safe and free, but you are also fighting this corrupt immigration system to keep your family together to live your dream in this great nation.

PC

Dear Editor:
Responding to Yang's proposed solution (07/18/06 ID), and who will make sure they do? Will it be the same gov't agencies that are allowing all of this to happen and aren't doing a thing about it? How about the agencies and lawyers that were found to be corrupt and made millions getting bribes? How about the over burdened home security and their ineptness to enforce the laws already on the books? How will we prove who they are, how long they were here, how much tax they owe, where they are or if they are felons in their country or ours? Probably by the same false packets of information sold/ provided them in 1986 (last amnesty program) those forgers made millions and the illegals again perpetrated more felonies for that amnesty just as they will again. Just how criminal can they be before we give them a free criminal record? How about Americans who haven't committed atrocious crimes or as many felonies? Many are in jail for using or selling drugs, document fraud, solicitation and white-collar crimes Shouldn't they be the first to be absolved of their crimes? They didn't invade our country.

C. Iaccarino

Dear Editor:
I couldn't have been the only person to have noticed the dramatic change in writing style and maturity in Robert Yang's last letter (7/18/06 ID). The letter's grammar was much improved. The letter didn't mention "lazy" Americans on welfare or robots. Maybe his boss wrote this one or assimilation is reaching remarkable speed. Perhaps it is the Sid Lachter letter (7/19/06 ID) that needs a "refresher course" in observation. Ali Alexander's letter (7/13/06 ID) did not state that illegal aliens "...have no civil rights here". The statement was that illegals, "...are not entitled to civil rights" in this country". This is a correct statement and a distinction with a very big difference. In testimony before the US Commission on Civil Rights on 10/12/01, Mark Krikorian from the Center for Immigration Studies stated, "Any ability accorded the alien to appeal deportation decisions is an act of grace on the part of the American people, rather than a right possessed by the alien. Their presence here is a privilege we grant, not a right they have exercised, and we may withdraw that privilege for any reason." At Originalintent's website, the article, "Citizenship" further states: "Although the men who wrote the Declaration of Independence said that 'all men' are created equal, when it came time to create the legal framework of a government, they understood that they could not include 'all men' in a Constitution. One must remember that a government can only make laws and a Constitution for its own 'body politic', and no one else."

R. L. Ranger

Dear Editor:
I find it rather alarming that Mr. Ranger's letter (07/19/06 ID) dismisses the concern for the human rights of foreigners that those espousing less draconian immigration reform promote as "false or misplaced." I would love to hear his opinion on why such persons do not possess a genuine concern for the human rights of fellow human beings. Mr. Ranger's letter criticizes the "multicultural madness" that liberals support as a "destructive theory." This country has served as a model to the rest of this world - until the current administration took power - as a guardian of human rights and of how persons of various religious and cultural backgrounds can thrive together. Many Americans take immense pride in these features of American society. A sensible and fair immigration policy need not, and ought not be at odds with a multicultural America. However, if the dire predictions of an America stripped of its culture by an influx of Latinos comes to pass, maybe more Americans will be forced to learn a second language. Imagine that.

Michael Eatroff

Dear Editor:
Mr. Lachter's letter is in error (07/19/06 ID). I do understand the bill of rights (see 07/13/06 ID), and as his letter states, these apply to all people, ergo, are human rights, which I specifically acknowledged illegal aliens have, as do legal immigrants or even visitors who set foot on our shores. However, they do not have civil rights. There is no "right" for anyone to immigrate to the U.S. or remain here. Nor is there a right for them to work here, or vote here, or drive a car, or receive in-state tuition at state universities. At least part of the answer to S. Salikes 07/19/06 ID letter is that H1-Bs employed by colleges, universities, or research institutions are exempt from the cap. Nor are renewals or transfers counted toward the cap, as long as they're not for different positions or from exempt to nonexempt positions. Furthermore, USCIS a year or so ago ended the year having issued about 10,000 more H1-Bs than it was authorized under the cap. It's just plain bad at keeping track, which doesn’t bode well should Congress ever pass some form of guest worker program. USCIS can't keep up with the one it's got.

Ali Alexander

Dear Editor:
Regarding S. Salike's letter (7/19/06 ID), USCIS can only give 65,000 H1-B visa but H1-B grantees may have a wife and so many children admitted through the program. So although USCIS can only issue 65,000 H1-B, more people can be admitted through the accompanying H4 visa category (spouses and children of H1-B visa holders). The word "admitted" doesnt neccesarily mean "issued" an H1-B visa. Concurring with Sid Lachter's letter (7/19/06 ID), the U.S. Constitution starts with "We, the people..." and not "We, the legal citizens of the United States...". A person can be here illegally and still have the rights as described in our constitution. Once here, any person, legal or illegal, is now protected by the Bill of Rights and is now subject to due process for which they are entitled to be heard in court before being deported. We cannot trample on other people rights just because of their illegal stay status, in the same way, to an inanimate material object, we cannot trash a car parked illegally on the street.

Alannbert Millendez

Dear Editor:
Responding to Dee Erickson's letter (07/18/06 ID), in the US there has always been remarks that the immigrants here are almost all Mexican or Latinos and this in reality is not the case. We aren't talking about immigrants. They came legally, nor are they the only people trying for a better life. Let's cut the pretense and word play. Illegals aliens are not a race. They are of many races. We are talking about all illegal aliens. This is about a country invaded by 12-20 million people who are undocumented illegal aliens of which Mexicans are 57%. The biggest part of this problem is Mexico, it's government. All the drugs wars, drug and human smuggling, murders of police and citizens causing havoc and mayhem to our country and life and it's not a Latino issue because Latinos come from many Countries although it is presented as such by the illegal alien supporters in order to have more participation and a larger following.

Sophie Courter

Dear Editor:
Responding to Dee Erickson's letter (07/18/06 ID), we are talking about an illegal alien problem of which Mexicans 57% (millions) are illegal aliens. So, if they are brown skin they are 57% of the problem, that leaves 43% shared between white, black, brown, green, orange, yellow, most have "accents" and some are cute. Obviously the 57% is from out of one country, totally out of proportion. To explain this problem is.... the drug and human smuggling, drug wars and gangs, murder of police and civilians, damage to property and theft and fraud of all government documents and that's why we need border walls north and south. Illegals are illegals aliens. It would seem your letter is insinuating racism, that "R" word is used when one has no valid answer to a debate. Why not take a good look at the problem? Americans have every right to be American, to have a secure country, and to have a safe and secure life. A great word for this is Americanism. We don't need to defend or make excuses for our way of life. That's why everyone wants a part of it.

B. Courter

Dear Editor:
Now that next month's visa bulletin is out it appears there will be complaining from those who will have to wait longer to get their green cards. Hopefully it does not lead to Congress increasing the amount of green cards issued each year as the U.S. can only absorb so many people. If they pass an amnesty for 20 million illegal aliens then they might as well just open the borders. No bill passed will be better than a bill that leads to either of these results. Keep up the good work Minutemen!

KO


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 1999-2006 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.

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


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