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Immigration Daily December 6, 2006
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Cheer For Alleged AggFels

According to, "The Supreme Court ruled 8-1 [] that legal immigrants cannot be deported when convicted of relatively minor drug-possession offenses, a decision likely to affect thousands of people." For the news story, see here. For the Supreme Court case, scroll below to news.

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


Second Issue Of PQ: The PERM Quarterly

The second issue of PQ: The PERM Quarterly features the following:

  • Recently Emerging Issues By Joel Stewart
  • In-Job Experience: Why We Need It and How We Can Still Get It By Gary Endelman
  • Ask The Editor By Joel Stewart
  • Professional & Trade Journals Under PERM By Nathan Waxman
  • Joel Stewart's BALCA Review By Joel Stewart
  • First PERM BALCA Decision By Careen B. Shannon
  • BALCA's Health America Decision Doesn't Go Far Enough By R. Blake Chisam
  • Federal Court Litigation By Sam Udani
CD-ROM Table of Contents:

  • Matter of HealthAmerica, No. 2006-PER-00001 (BALCA, Jul.18, 2006)
  • Darby v. Cisneros, 509 U.S. 137, 125 L. Ed. 2d 113, 113 Supreme Court. 2539 (1993)
  • Carlson Letter On PERM Modification
  • FAQ On Public Disclosure System
  • FAQ On Extended RIR Conversion Date
  • Training And Employment Guidance Letter No. 7-06
  • Public Disclosure System from OFLC
  • Federal Register Notice on RIR Eligibility Date
  • Errata
Note: The first issue of PQ: The PERM Quarterly was mailed to every purchaser of THE PERM BOOK for free. To continue to receive future issues of PQ: The PERM Quarterly, you must be subscribed. To subscribe, please see here.


Less Rhetoric And More Substance on Immigration: The Midterm Elections And Prospects For Comprehensive Reform
Benjamin Johnson of The Immigration Policy Center writes "Anyone who has been keeping close tabs on the immigration debate in Washington over the last five years can attest to the fact that it has all of the ingredients for the perfect political storm."


DOL Issues Latest PERM FAQs
DOL issued its ninth round of PERM FAQs, dated November 29, 2006.

State Felony That Is Federal Misdemeanor Is Not Felony For INA Purposes
In Lopez v. Gonzales, No. 05-547 (Sup. Ct. Dec. 5, 2006), the court said that conduct which was a felony under state law but a misdemeanor under the CSA is not a "felony punishable under the Controlled Substances Act" for INA purposes.


Help Wanted: Immigration Attorney
Owings Mills, MD - Murthy Law Firm ( welcomes resumes from attorneys with over 3 years of experience in business immigration law.Our practice is dynamic and fast-paced. We have high standards with regard to integrity, work ethic, and quality. Successful candidates will have the ability to work both as a team member and as a team leader. They will have in-depth understanding and knowledge of the various immigration procedures and are expected to supervise paralegals and support staff. Good writing and analytical skills are required. Resume + cover letter should be forwarded to All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. We are an equal opportunity employer. Final interviews of candidates are at our office in Owings Mills, MD, a few minutes from downtown Baltimore, Maryland.

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

EB-5 Investor Program
An investor 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 the American Life EB-5 Investor Green Card program in the Seattle Regional Center gives your accredited investor clients speed and freedom. Speedy conditional green card approval, typically in about 1 year. Freedom to 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. Limited Partners have a policy making role. American Life Inc. manages over 25 properties - over 1,350,000 sq. ft. The oldest active Regional Center, projects range from $3 million to more than $20 million. Want to know more about the immigration benefits of American Life's EB-5 program? 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 American Life's website,


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

Immigration Event - Minneapolis, MN
CLE Seminar. In the Shadows: Non-citizens and U.S. Violations of the International Covenant on Civil and Political Rights. December 8, 2006, 12:30-4:30 p.m. University of Minnesota Law School. The CLE will highlight the situation of refugees and immigrants in the U.S., in particular regarding the violation of their human rights guaranteed by the International Covenant on Civil and Political Rights (ICCPR), which the U.S. has signed. The cost for the CLE seminar is $50/$25. Registration deadline is Dec. 5, 2006. For more details, see here. ILW.COM is pleased to be an event media sponsor.


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:
Donna Bruno's letter (12/05/06 ID) states that she is American born and raised in Tennessee, and that she gave birth to a daughter while on a vacation in Mexico, and that she has been trying (unsuccessfully) for ten years to have her daughter legalized in the U.S. Had Ms. Bruno checked in with a U.S. Consular Post in Mexico after the birth of her daughter and before returning home, she likely would not be encountering these problems. Section 301 of the Immigration and Nationality Act provides as follows: "The following shall be nationals and citizens of the US at birth: (a) a person born in the US, and subject to the jurisdiction thereof;... (c)a person born outside of the US and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the US or one of its outlying possessions, prior to the birth of such person;...There are other provisions of Section 301 of the INA that cover circumstances where only one parent is a U.S. citizen. The law appears pretty much in Ms. Bruno's favor, so perhaps she has either left significant facts out of her letter or she is using some very ineffective advocates to advance her case.

Robert R. Gard, Esq.
Chicago, IL

Dear Editor:
If the proposed border wall were doomed to be ineffective, then why do immigration advocates oppose it? In part because opponents fear it may be effective. Walls work. Even the Maginot line funneled the Germans through predetermined choke points. Hitler's Atlantic Wall forestalled D-Day for some time and increased our casualties as we plowed through it, as did the Siegfried line. The Czechoslovak fortifications along the border with German was so feared by Hitler that he had to negotiate to acquire that territory and was later copied by the Israelis in the Golan Heights, for whom it worked despite being caught completely with their pants down at the beginning of the war. Finnish and Greek fortified lines in WWII long blunted Soviet and Axis advances. Further, the Great Wall of China, despite being famously circumvented by the villain in Mu-Lan and various real villains, did appreciably cut the threat, reach, and severity of steppe-nomad raids from the North and West of Han China for hundreds of years. Similarly, Israel's border wall has proven very effective at keeping out suicide bombers, despite Israel's relatively long coastline and San Diego's wall dramatically cut border crossings in the area. While a wall can hardly be expected to be 100% effective, neither can any other measure, and walls work tolerably well. If they didn't, why would people built them? If we would funnel Mexicans and Central and South Americans coming over the border into the "white market" economy, as opposed to the grey market one, we wouldn't feel a need for such a wall. Unfortunately, as Slate's Mickey Kaus has pointed out, people resent not being able to set their own public policies on immigration, and the wall is a logical proposal by those who would like too.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
It is reported that the Department of State issued 565,790 student and training visas in FY 2005. Every year DOS seems to be issuing nearly the same number of visa of this kind. A big country of South Asia became first being issued the highest number of this visa. It is also said that the foreign students hardly return to their countries after completing their studies in the US. Only a few of them have been successful in getting H-1B visa and later being issued immigrant visa after completion of their studies. Those who could not succeed in getting this kind of visa try to get married with USCs with sole purpose of getting permanent residency, and most of them are found successful in doing so. After being issued of temporary green card of two years validity, they stay with their American spouse until the two years condition is removed. Then they separate each other at their own consent, and later divorce. A two year period is very short and it passes very easily. Therefore, a minimum period of five years should be made as condition for temporary green card to be issued to the aliens who marry USCs. Because a five year period will be very long to pass for the persons who do fraud marriage, this will surely help reduce fraud marriage to a large extent.

S. Salike

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