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Immigration Daily December 5, 2007
Previous Issues
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EB5 Workshop

The Investor Visas Workshop to be held on December 7, 2007 in NYC, features a cadre of distinguished speakers, including: Lincoln Stone, Andrew B. Barkan, Stuart Gelfond, Mark Ivener, Carolyn S. Lee, and Angelo Paparelli. There is still opportunity to register. For details on curriculum, speaker bios, and registration information, see here. For the fax form, see here. Don't delay, act today!

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


Relief From Removal: A Definitive Manual For Winning Cases - Now Shipping

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

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Farm Labor Shortages: How Real? What Response?
Philip Martin writes "This study examines this question and finds little evidence to support this conclusion."

Bloggings: December 5, 2007
Joel Stewart shares the latest entries to this blog.

To submit an Article for consideration, write to


DOS Releases DV Lottery Results
The Department of State announced the results of the DV-2008 lottery.


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. 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 + cover letter in MS Word format to

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


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 - Fresno, CA
Catholic Legal Immigration Network, Inc. (CLINIC) is pleased to announce "Survey Of Immigration Law Training", January 14-15, 2008, January 14th: 8:305pm. January 15th: 8:304:30pm. Fresno Center for New Americans, 4879 E. Kings Canyon Road Fresno, CA 93727.(559) 255-8395. For more info and to register online, see here. ILW.COM is pleased to be a media sponsor for this event.


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:
I am deeply concerned about the backlog of FBI name checks and sympathize with Kolon Bofass and Leonid's stories (12/04/07 ID). It is clear the knee-jerk statement from the USCIS spokesman is just more government double speak rhetoric. The only way to obtain relief from the bureaucratic miasma is to go to court on a Writ of Mandamus to compel the government agencies to do that which it is their duty to do. Therefore, I find it surprising that nether letter writers have chosen this simple remedial route, although they both appear to have spent a great deal of time and effort in writing to everyone but God herself. The law is not smoke and mirrors, in fact, perhaps less so than the medical profession, which notwithstanding the scientific discoveries of great renown, is still unable to prevent the common cold. Court action gets results. Although court action is costly, it appears to me that anyone who loses a six-figure income because his case was stuck in Name Check, who does not obtain the assistance of legal counsel to resolve the matter using available remedies, is foolish to say the least. I have advocated previously in an ID letter that more federal court actions should be filed, because it is obvious the president and the Congress are impotent to resolve this matter, or seemingly any other matter of great importance to the American people, like social security and tax reform, healthcare, the price of gasoline, environmental concerns and comprehensive immigration reform. America's tri-partite system of checks and balances is the only salvation in a bureaucracy run amuck. The same system that created the Name Check backlog offers a remedy through the courts. My advice, go to court and sue the bastards. If you don't sue, don't complain.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I am an immigration attorney. One of my clients who filed for adjustment of status in July 2004 was approved in June 2007. I was told by USCIS that the hold-up was his name check. His wife and children were approved but could not be issued status because they were derivative beneficiaries (12/03/07 ID comment).

Susan, Esq.

Dear Editor:
I find it ironic that USCIS has committed an extra $15.5 Million to name checks when both the USCIS Ombudsman and Office of the Inspector General have, in published and public reports, indicated that the name check is actually of little or no value in securing our nation (12/03/07 ID comment). The Name Check is entirely dependent on applicant provided data, namely the applicant's name and year of birth, which are the primary basis of the name check. Month and day of birth, as well as city of birth, and occasionally other information are only used to further identify applicants if there is a "hit" on their name. As is patently obvious, anyone wishing to do this nation serious harm is likely to use an alias if they have reason to believe they might be detected at any stage of the immigration process. Thus the people who are really likely to hurt us are least likely to be detected by the Name Check. Despite this, USCIS deems it appropriate to spend more money on Name Checks. To secure what, exactly, I ask? I fully support the concept of national security, however, I am saddened by the continued use (and overuse) of national security rhetoric in support of actions, laws and policies that have little to no actual relationship to national security but either erode our freedoms or cause significant hardships to those who wish to legitimately come to our country for work or family reasons. I have found that the only effective way to get USCIS and the FBI to get a name check done is through Mandamus litigation in the federal courts, which we at my firm have found continues to be a viable and effective way to resolve long delayed cases.

Daniel B. Lundy, Esq.
New York, NY

Dear Editor:
If anyone has any idea what Bill Wright's comments on the name checks delays means (12/03/07 ID comment), could someone explain it to the rest of us? I certainly don't get it. (Is USCIS just trying to avoid bad press from the [false] implication that they're going to drop screening altogether?)

Lynne Weintraub
Amherst, MA

Dear Editor:
Most legal immigrants have gone through background checks before they arrived or got their green card (12/03/07 ID comment). Once these permanent resident got SSNs and established themselves here, everything is pretty much on line and their personal information is available at finger tip and seconds. It's quite outrageous that government bureaucracies must again putting more red tapes and hassles for paying immigrants as their customers and still can't promise them speedy and decent service when they apply for citizenship. Gobbling up more fees with the same or worse sloppy service. It doesn't make sense that landlords can do background check on line and we can make sex offenders' life miserable by putting them on permanent black list, but immigrants are facing unreasonable delays on names and background checks. It's time for all immigrants facing this ridiculous service to file class action lawsuit and demand that their money paid should be taken with professionalism. All government service must come with a contract of service with fair compensation or money back guarantee if it doesn't deliver its promise to its customers.

Robert Yang

Dear Editor:
Here is how a name check victim (I have been waiting for over 4 years for my name to be cleared and I am still waiting with absolutely no end in sight) reads the response from USCIS Office of Communications Bill Wright (12/03/07 ID comment). Here is what USCIS actuallty meant to say: We, USCIS and FBI, will keep the backlog for as long as we need it. Those whose skull dimensions do not meet our standard will have to wait in the name of national security, to further help us out with funding, since we are getting only 15.5 million in additional funding this coming year.

Leonid Ivanov

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 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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