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Immigration Daily December 7, 2006
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High Profile Alien

According to news reports, "The Colombia-born wife of a Georgia state senator surrendered to authorities in Atlanta Tuesday morning after finding out she will not be deported to her native country after all." Sascha Herrera, who is married to Sen. Curt Thompson, blamed the immigration imbroglio on a notario who she said defrauded her after claiming he could help her gain permanent residency. The deportation order stemmed from Herrera's repeated failure to appear before a judge on an asylum application, which she said she did not know had been filed (for the full story, see here, for a video clip, see here).

Herrera was represented by immigration attorney Chuck Kuck. While this story has a happy ending, such is the exception rather than the rule. We encourage immigration attorneys to share this story to skeptical prospective clients as a poignant reminder of the value and service provided every day by immigration attorneys to their clients.

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


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,


Family Numbers Advance In The December 2006 Visa Bulletin
Cyrus D. Mehta writes "The Department of State released its visa bulletin for December 2006 reflecting the latest movement in the Family-Based and Employment-Based visa preferences, as well as other interesting developments."


USCIS Reaches H-2B Cap For First Half FY 2007
USCIS announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the first six months of FY 2007.

Supreme Court Dismisses Writ Of Certiorari
In Toledo-Flores, No. 05-7664 (Sup. Ct. Dec. 5, 2006), the court dismissed the writ of certiorari as improvidently granted.

DOL Releases TEGL On H-2B Entertainers
The DOL released a Training and Employment Guidance Letter No. 31-05 on H-2B entertainers. For the letter, see here. See here for Attachments 1, 2, 3.


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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:
Mr. Honza Prchal's letter (12/5/06 ID) states that immigration advocates oppose the proposed border wall because they fear it may be effective. His letter then continues to undermine his own argument. Although I am certain that those who follow Mr. Prchal's reasoning would argue that the border wall will be built in the name of national security and the War on Terrorism, we are not at war with Mexico. Every example of a wall that Mr. Prchal's letter referenced was erected with the military purpose of preventing invasion and was initially effective in a military context for the sole reason that defenders were able to launch attacks from these fortifications. But there is a way around every wall: if the Maginot Line had been effective, then all of our casualties from "plowing through" the Atlantic Wall would not have been necessary. The French spent a vast amount of money and resources on a wall that did not fulfill its purpose. Mr. Prchal's letter might want to consider a more apt comparison when addressing our border concerns: the Berlin Wall, erected to divide. Nearly a thousand people were killed attempting to cross it. I am certain that Khrushchev believed the Berlin Wall worked "tolerably well". As a democratic nation, do we really want to employ tactics used by the former Communist Bloc? The problem with erecting defensive walls is that they are not, in fact, effective and at some point attempting to preserve the impenetrability of a wall becomes more important than preserving human life. If we are concerned with finding effective solutions to our southern border issues, we might be wise to consider new ideas instead of erecting walls that historically have failed.

Jessica L. Webb, Esq.
Chicago, IL

Dear Editor:
Robert Yang's letter to the Editor (12/01/06 ID) predicts China will overtake us economically. He's dreaming. China's economy only recently passed Italy's in size, and its demographic pattern resembles nothing so much as an upside down triangle. We are set to overtake China in population within most of our lifetimes (unless we strangle immigration in-flows and pursue other horribly self-defeating policies) unless the Chinese start reproducing themselves again. As for our language skills, we remain fortunate in our ignorance because Hollywood, Bollywood, other English speaking countries and film shops throughout Europe and Africa (Nigeria has a very large film industry) make a huge number of their films in English while Han Chinese remains largely impenetrable to the majority of the world's population without perfect pitch.

Honza Prchal, Esq.
Birmingham, AL

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 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