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Immigration Daily

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Immigration Daily December 14, 2006
Previous Issues
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Wilson Four

According to an Arizona Republic news story, "A federal immigration appeals board on Nov. 29 concluded that the former Wilson Charter High School students in Phoenix had been wrongly targeted by immigration officials at the Canadian border because of their Hispanic appearance." For the full story, see here.

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


The Indispensable All-In-One CSPA Handbook - Shipping Now!

ILW.COM is pleased to present the Child Status Protection Act Handbook by Charles Wheeler of the Catholic Legal Immigration Network (CLINIC):

  • Chapter 1: Overview Of Age Out
  • Chapter 2: Overview Of The CSPA And Implementation
  • Chapter 3: The CSPA And Family-based Visas
  • Chapter 4: The CSPA And Employment-based Visas
  • Chapter 5: The CSPA And Diversity Visa Lottery
  • Chapter 6: The CSPA And Asylee/Refugee Processing
  • Chapter 7: The CSPA And VAWA
  • Twenty-four Appendices
  • Numerous CD-ROM Resource Materials
For more info on the Child Status Protection Act Handbook, and to order, see here.


Recent Developments Affecting Criminal Defense Of Noncitizens In The Ninth Circuit
Katherine Brady and Angie Junck provide a summary "designed to aid state criminal defense counsel representing noncitizen defendants."


LOC Report On Hague Convention On International Child Abduction
The Library of Congress released an analysis of the applicable law and institutional framework of 51 jurisdictions and the European Union.


Help Wanted: Immigration Paralegal
Miami, FL - Leaf Koerner, a highly regarded business immigration law firm, seeks an experienced immigration paralegal. Must have minimum of 4 years of corporate based immigration experience. Must be able to work with Immigration Tracker case management software, prepare, track, and manage cases in process. College degree, MS Word, and Windows XP required. The Firm offers competitive salaries and benefits. Please send resumes to

Help Wanted: Immigration Paralegals
Fragomen, Del Rey, Bernsen, & Loewy, LLP, a global corporate immigration law firm is seeking experienced immigration paralegals for both the New Jersey and New York Offices. The ideal candidate will have 2+ years of corporate based immigration experience and will be able to work in a high volume case-processing environment. Candidate will have extensive client contact and will utilize case management and billing systems to prepare, track, and manage cases in process. Collge degree, MS Word, and Windows 2000 required. The Firm offers higly competitive salaries and excellent growth opportunities. All qualified candidates interested in working in either our NJ or NY locations please send resume + salary history to EOE.

Credential Evaluation
Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723


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.

New Offices - Tampa, FL
B. John Ovink, Esq. and Mayra L. Calo, Esq. proudly announce the formation of the Law Offices of Ovink & Calo, LLP, an immigration law firm. 1705 West Sligh Avenue, Tampa, Florida 33614, 813-915-1715.


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:
Although I agree with Mr. Salike's letter (12/11/06 ID) that the stated purpose of the DV lotto grows more archaic daily, I find the facts his letter points to supporting it's abolition less than persuasive. First his letter makes the broad statement that it is known to all that DV lotto winners become a burden on taxpayers as soon as they hit U.S. soil. This was news to me, as I have certainly not seen, nor does Mr. Salike's letter refer to, any statistical analysis indicating a high use of public benefits by DV lotto winners, as compared to other immigrant visa holders. Second, his letter seems to condemn the DV program because of it's vulnerability to fraud in the educational qualifications. And then, appears to criticize the actions of a US embassy abroad for denying DV visas to certain lotto winners because the fraud in those cases was detected. Is his letter suggesting the denials were unfair because the educational certifications were not fraudulent? Or is his letter just generally angry that because as long as the DV lotto exists, that's 55,000 visas/yr that are not being allocated to persons seeking to immigrate from overrepresented countries, many of which are in Southeast Asia that his letter references? As far as the protests being staged in front of the embassy being an argument to abolish the DV lotto program, I don't understand why the protests of foreign citizens should be persuasive to change our laws. Immigration law is a matter of state sovereignty; and not, as many misperceive a purely economic matter. The fact that the yearly lotto drawing does provide some would-be immigrants a pathway to lawful residence they would otherwise never see, seems justification enough to keep it alive in some form or another.

James Harris "Jay" McTyier, Esq.
St. Petersburg, FL

Dear Editor:
While the issue of immigration continues stuck in Congress as a political hot potato, the problems with America's dysfunctional legal immigration laws goes largely unaddressed, and the promise of "comprehensive immigration reform" goes unfulfilled, and recent band-aid patches continue to be applied to a bruised and broken system of disjointed and archaic laws. A press release from the U.S. Citizenship and Immigration Services recently announced that as of November 28, 2006, the cap for H-2B temporary worker visa petitions for the first six months of 2007 had been reached. H-2B visas allow foreign workers to obtain much needed temporary or seasonal employment. In an economy of 140 million workers, immigration law establishes only 33,000 H-2B temporary worker visas on a semiannual basis and each successive year the cap on these visas is being met at an earlier date. The unrealistic H-2B cap, along with restrictive quotas on visas for H-2A agriculture workers, ultimately hurts the U.S. economy and creates a demand for an employment black market that is a strong incentive for illegal immigration. It is time to increase the H-2B annual quota, artificially set by law, which does not meet the current needs of U.S. employers or the nation. Is Congress listening? I don't think so.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Responding to S. Salike's letter (12/11/06 ID), it is the State Department, not the USCIS, that manages the number of visas issued annually. When the USCIS is planning to approve an adjustment of status application, it must contact State and obtain a visa number and will only finalize the approval once the visa is obtained. Therefore, State is responsible for any shortfall or overage in a given year. Special programs (such as the 50,000 additional Schedule A visas) increase the annual employment-based limit from the 140,000 Salike's letter cites. Those programs must be taken into consideration when determining whether or not the annual limit has been exceeded.

Gregory W. Christian

Dear Editor:
I've only one comment to make in response to Mr. Steve Hampton's entry (12/04/06 IW). Regarding the level of English proposed it was to be achieved of at least an eighth grade level (not kindergarten). Mr. Hampton's letter to the Weekly Editor indicates a tarnished knowledge of some things.

Dora Ponce

Editor's note: Please be aware that we have two different letters to the Editor sections. Immigrant's Weekly is our immigrant publication, all related correspondence should be sent to: Immigration Daily is our immigration professional publication, all related correspondence should be sent to: Your letter is in response to an Immigrant's Weekly letter to the Editor, and should in the future be sent to

Dear Editor:
Welfare is always wrong. Government should stay away from charity business, let poor people find help at charities or individuals who are willing to help them. Those who got pregnant but can't afford to have babies should have choices of "free" abortion or find charities to finance their medical needs, regardless their immigration status here. Those who have a dozen kids need to pay $ 100 per kid for their tuition not expecting childless people to pay their kids' education through their properties tax. I am a libertarian, I support free market and open immigration but only for beneficial and contributing immigrants. I believe Americans must stay ahead in the global competition by empowering themselves better not by protectionism. I don't mind "guests" or even "room mates" coming to my house as long as they behave themselves, contributing in any expenses not stealing my belongings, asking me to feed and take care of them for "free". If we got immigrants who think there are free schools and medicare in the USA, we must let them know, nothing is free here nor in Mexico. Show us the money then they will get the service. Fair is fair, right?

Robert Yang

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