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Immigration Daily May 23, 2007
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Comment

A Point System For US

We commend the Senate for doing the right thing for the country. Debating S. 1348 on the Senate floor is a formal recognition by Congress that our country's policy on immigration is distinctly different from and unrelated to our country's policy on terrorism. A commitment to a point system is a recognition by Congress that our country needs an immigration policy, not an immigrant policy. Congress is sub silentio accepting that our policy over the last 42 years was wrong, and needs to be amended.

The Kennedy-Kyl coalition behind S. 1348 has agreed to five pillars which form the core of their internal agreement, and have agreed to defend each one of these five together. Either we will have CIR with all these five points, or we will not have CIR at all in this Congress. The five pillars are: two on enforcement - border enhancements and employment verification; two on benefits - legalization and a guest worker program; one on citizenship - English/civics training/requirements. The point system is tied with an umbilical cord to legalization. Advocates have to realize that under the Kennedy-Kyl compromise, the point system is the framework for anything that they seek to accomplish. To fight the point system at this stage in the Senate is akin to holding back the tides.

In a surprising development, opposition to the bill stems most loudly not from the anti-immigrationists, but family-immigration advocates, and centers on the elimination of the family-based categories in favor of a point system. What is apparently lost on some is that the point system also eliminates all the employment based categories. A point system, properly structured, will ensure prompt immigration of many who would face delays of a decade or more under the current family system. The surprising thing, in our view, is that Congress is not proposing to apply the point system retroactively to the entire family and employment backlogs. We remain convinced that the one non-negotiable position that advocates ought to hold is that the biological family (spouses and minor children) should be sacrosanct (for all, LPRs, USCs, guest workers, etc), and under no circumstances should any extended family member (parent, siblings, adult children) of any category (LPRs, USCs, etc) receive more favorable treatment than members of the biological family. Opposition to the biological family unit would be immoral.

Advocates who are concerned about family categories should focus on accomplishing their ends within a point system. Surely, that's what the process of floor amendment is for. This point applies even more forcefully to advocates of employment based immigration. Most employment immigration attorneys have been waiting with baited breath for CIR since they had been repeatedly assured that SKIL would be part of CIR. We believe that SKIL has been left out only because SKIL, as originally written, applied only within the context of employment based categories, not a point system. If SKIL were redrafted now, and presented as a floor amendment within the context of a point system, we believe there are sufficient votes for SKIL to once again become part of CIR.

Post-CIR, we see a glorious future ahead for immigration, and thus for the bar. Fasten your seat belts for the ride.

Reminder: The Deadline Is Tuesday, May 22nd For PERM with Joel Stewart.

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


Focus

Finally Shipping! Crimes And Immigration: A Definitive Manual For Winning Cases

The following is the table of contents for this definitive work which is now being shipped:

  • Chapter 1: Evaluating A Criminal Case For Immigration Purposes
  • Chapter 2: Criminal Grounds Of Inadmissibility And Waivers
  • Chapter 3: Criminal Grounds Of Deportability
  • Chapter 4: Good Moral Character
  • Chapter 5: Detention And Removal Of Noncitizens Charged With Criminal Grounds Of Inadmissibility Or Deportability
  • Chapter 6: Applications For Relief From Removal For Criminal Aliens In Removal Proceedings
  • Chapter 7: Working With Criminal Defense Counsel And The Criminal Courts On The Structure And Amelioration Of Convictions
  • Chapter 8: Judicial Review
  • CD-ROM: Over 700 Critical Documents - Significant statutory provisions of 8 USC, 18 USC, and other public laws, Relevant regulatory sections and forms from USCIS and EOIR, Key BIA and Federal Court cases, Links to informative internet resources, etc.
For more info, and to order, please see here.


Article

Summary Of S.1348 (The Senate Comprehensive Immigration Reform Bill)
Greg Siskind provides a section by section summary of S.1348, comparing as much as possible to S.2611 and STRIVE and highlighting key differences.


News

White House Dispels Immigration Myths Related To CIR
The White House released a press release on the 10 key myths about the border security and immigration reform agreement.


Classifieds

Help Wanted: Immigration Paralegal
St. Louis, MO - Busy full service law firm law practice needs experienced paralegal for non-immigrant, immigrant, labor certification and 212(e) waiver cases; intensive client interaction; good writing skills and people skills a must. Immigration work involves corporate/medical/academic institutional clients. Resume to Ms. Maria Harvey, Office Manager, Blumenfeld, Kaplan & Sandweiss, P.C., 168 N. Meramec, Clayton, MO 63105 or mth@bks-law.com. No telephone inquiries, qualified applicants will be contacted.

Help Wanted: Immigration Attorneys
Chicago, IL - A 30 attorney law firm seeks licensed attorneys to join its immigration practice group. Our practice serves a diverse clientele with business, family, and removal immigration services. Associate: Min. 1-3 years of immigration experience; and Senior Associate: Min. 4 years of immigration experience. Fluency in Spanish is highly preferred for both positions. Please email your resume + cover letter (please indicate position sought in subject header) explaining interest in the position to: recruitment@chgoimmlaw.com. This is a blind listing.

Help Wanted: Immigration Attorney
Washington, DC - USCIS seeks experienced attorney for its Refugee and Asylum Law Division. Provide legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, T and U visas, special immigrant juvenile petitions and the Convention Against Torture. A background in public international refugee and asylum law, and an understanding of US immigration law and practice, are helpful. Strong legal research and writing skills, and the ability to complete assignments with short deadlines, are essential. Applicants must possess a J.D. degree from an ABA-accredited law school, be an active member of the bar (any jurisdiction), and have at least one year of post-JD experience. For detailed information, including how to apply by mail, type CIS-COU-2007-0004 in the keyword search here. Applications can be sent by e-mail (all attachments must be in MS Word or Adobe PDF format) to Ronald.Whitney@dhs.gov. Deadline is close of business on Friday, June 8, 2007. The position is at the GS-13-GS-15 level and is open until filled. No relocation expenses.

Help Wanted: Immigration Paralegals
South San Francisco, CA - Younossi Law has openings for full-time paralegals with 1-3 years and 2-5 years of business immigration law experience. We value team work, exceptional client service and foster an environment which allows for maximum professional growth through education, recognition, and innovation. The successful candidate must have substantial experience in a wide variety of employment-based immigration processes, have excellent people skills, be highly motivated, creative, process focused, detail oriented, and computer savvy. We offer excellent benefits and a salary commensurate with experience. Interested candidates, send your resume to: Younossi-law@younossi-law.com.

Help Wanted: Immigration Paralegal
Washington, DC - Highly motivated, detail-oriented individual sought for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Visit www.maggio-kattar.com. Please email resume, salary requirements + references to: jobs@maggio-kattar.com or fax (202) 483-6801, Attn: Jim Alexander. No calls please.

Help Wanted: Immigration Attorneys
Internationally renowned boutique Wall Street law firm seeks several full time immigration attorneys for its NYC office. 2 years minimum experience required in business, family, asylum, non-immigrant and immigrant visas, and immigration litigation involving MTRs, the BIA, the EOIR, PTRs and stays in the Circuit Courts. Foreign language skills are a plus. Salary and benefits are highly competitive. Send your resume in confidence to Recruitment Coordinator: info@manchanda-law.com. No telephone calls or faxes please. We will contact you if your skills match our requirements.

PERM Services
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 www.adnet-nyc.com, or email us at information@adnet-nyc.com. Contact us today to find out why we are the ad agency of choice for immigration attorneys since 1992.

Case Management Technology
Are you ready for the new changes in immigration? See why we have a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. INSZoom's case management system is customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company and now employs 70 engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email info@inszoom.com.


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.

Outstanding Immigration Lawyer - Boston, MA
On May 19, 2007, Kristina Rost, partner at Maged & Rost, PC was honored as Outstanding Immigration Lawyer by the Brazilian Immigrant Center in Boston, Massachusetts. www.magedrost.com


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:
I am saddened, but not surprised, at the opposition to the current compromise proposal. I would have hoped that immigration attorneys, immigration advocates and immigrants themselves would have seen that this bill provides at least some hope for forward movement, after years of dead-ends and rhetoric. And yet it appears that most of the strongest opposition to the bill is coming not from 'nativists' and 'restrictionists' but, rather, those of us who claim to be advocates for a humane and realistic immigration policy. It is reasonable that some of the family-based categories be eliminated and that the nuclear family (spouses and minor children) be preserved in order to ensure that employment-based applicants are given the possibility to immigrate. It is also reasonable that our government place a premium on skills, even though the point system delineated in the bill may be unworkable in its current incarnation. There is nothing draconian in a law that attempts to balance compassion and retribution, family reunification and national security. To quote those great philosophers the Rolling Stones "You can't always get what you want...but you get what you need." We want a perfect bill; we need a workable solution. This might be our only chance to get it.

Christine Flowers, Esq.
Philadelphia, PA

Dear Editor:
There is a much better first step that mirrors the current deal but without 700 pages of Rube Goldberg. Eliminate the 3/10 year bar, which is an anomaly created by the floor amendment of a one term Congressman, and raise the quotas. Raising quotas not do-able? Add numbers from the eliminated lottery and family preferences. Take parents out of immediate relatives. Don't count dependants against the numerical limitatiuons. Ask the Secretary of Labor to add constructions workers and other shortage occupations to Schedule A, even if for only a year. Move up the registry date. Hire new consular officers with increased fees. All of this might take a few pages, and continue existing law.

David Funke, Esq.
Crestwood, KY

Dear Editor:
Thanks to David Murray's letter (05/22/07 ID) for pointing out the havoc that would result at US CIS if the "Not-so-Great Compromise" were to become law..I believe he's absolutely right when he says that CIS will be expected to process all the 12 (plus?) million applications that may result without additional personnel or resources. As a retired Border Patrol Agent, I also have no confidence that the enforcement provisions of the "compromise" will be enforced. If an alien fails to pay his/her fine, if they fail to "touch back", or if they fail to comply with any of the other provisions of the "compromise", who's going to go get them? There are already about 600,000 "absconders" in this country, illegal aliens who have been ordered deported and the number is rising. US ICE, who will be primarily responsible for enforcement of the "compromise" in the interior of the country, is swamped now. I was around for the 1986 amnesty and can state from experience that it wasn't enforced. Why should anyone believe that the law will be enforced this time?

jhf
Baileyville, ME

Dear Editor:
Senator Jim Bunning of Kentucky has been quoted recently as criticizing the proposed immigration reform bill with the claim that it would "reward lawbreakers" with "a large-scale get-out-of-jail-free pass." What nonsense. No one believes that America is going to imprison twelve million undocumented aliens, or can afford to do so. Better to recognize that one purpose of the legislation is to issue "get out of hell" passes -- because banishment from their longstanding homes, jobs and families is a virtual hell for many of the people we deport. And there's nothing "free" about those passes. I would think conservatives should support "get out of hell" provisions in our immigration laws -- at least for everyone but Al Qaeda members.

Jonathan Robert Nelson
New York City, NY

Dear Editor:
I agree with Robert Yang's letter (5/22/07 ID). The points raised were highly recommendable.

Maharazu M.


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 1995-2007 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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