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Immigration Daily


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Immigration Daily August 25, 2008
Previous Issues
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Scheduled Departure Is Canned

Not surprisingly, Associated Press reports "U.S. Immigration and Customs Enforcement says it is ending the "Scheduled Departure" program when the three-week trial run concludes Friday. For the full story, see here.

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


Family Matters - Hot Issues In Family Immigration

ILW.COM is pleased to announce a new 3-part seminar series "Family Matters - Hot Issues In Family Immigration". Speakers for this seminar include: Angie Junck, Katherine Brady, Romulo Guevara, Joren Lyons, Joseph Reina, Debbie Smith, Charles Wheeler, and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on August 28: Obtaining Permanent Residence in Spite of a Conviction

  • Effect of aggravated felony conviction
  • What is a crime involving moral turpitude
  • What is the petty offense exception
  • Obtaining a 212(h) waiver
  • Effect of expungement, vacation of judgment
  • Drug convictions and delinquency dispositions
SECOND Phone Session on September 18: How to Get Around the Grounds of Inadmissibility and Prepare a Winning Waiver of Inadmissibility in Family Immigration Cases
  • Common Grounds of Inadmissibility & Waivers
    1. Misrepresentation
    2. Document Fraud
    3. False Claims to U.S. Citizenship
    4. Unlawful Voting
    5. Inadmissible at Time of Admission
    6. Smuggling
    7. Unlawful Presence
    8. 212(a)(9)(C)
    9. Reinstatement of Removal
  • What is Extreme Hardship?
  • Hardship Factors - Framework for Approaching Your Case
    1. Family Separation
    2. Hardship to Children
    3. Medical Conditions
    4. Bringing in hardship to non-statutory relatives
    5. Conditions in Home Country
    6. Community Ties
    7. Adding it up
    8. Documenting Your Case
THIRD Phone Session on October 2: Affidavits of Support
  • Documentation requirements
  • USC sponsors not residing in the U.S.
  • Household members
  • Calculating assets
  • Joint sponsors and requirements
  • Enforcement issues-use of affidavit of support in family support cases
The deadline to sign up is Tuesday, August 26th. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


Immigrants Of The Week: Giuseppe Lanzone, Chris Liwski, and Susan Francia
Greg Siskind honors the immigrants of this week.

Bloggings on Dysfunctional Government
Angelo Paparelli shares the latest entries as of August 20, 2008 on his Dysfunctional Agencies blog.

To submit an Article for consideration, write to


Former CBP Official Pleads Guilty To Civil Rights Charges
Santiago Perez, a former US Customs and Border Protection officer, pleaded guilty today in federal court in Houston to violating the civil rights of a Guatemalan national and a Mexican national, who had crossed the border into the US.


Help Wanted: Immigration Attorney
Multiple locations - Williams Mullen seeks business immigration mid-level associate to join our ten-member global visa practice. Successful candidate will advise on strategic choices and manage client relations in all immigration areas. Prepare and review NIV, IV filings; handle RFEs; and prepare updates for client newsletters and email alerts. Associate will assist with immigration compliance issues (I-9s, E-Verify, etc.) and will have heavy involvement with PERM filings, EB-1/NIW petitions and foreign work visa applications. Successful candidate will work on in-bound and out-bound projects. Requirements include superb communication, analytical skills, judgment and writing abilities. Our firm is equipped with state-of-the art, web-based software and ample paralegal capacity, which enables our associate to take on meaningful and challenging assignments. Moderate amount of portable business required, as well as proven ability to market and develop business and client contacts. For full details, including job locations, see here. Highly competitive salary + benefits offered. Qualified applicants, send resume to: EOE.

Help Wanted: Immigration Attorney
Lee's Summit, Missouri - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of of Service Center Counsel at the National Benefits Center (NBC). Responsibilities include, but are not limited to, providing legal advice to the NBC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Service Center Counsel are also responsible for writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. The Service Center Counsel will be directly supervised by the Deputy Chief Service Center Counsel and the Chief of the Service Center Counsel Division. Applicants must possess a JD degree, be an active member of the bar (any jurisdiction) by the entry on duty date. For full details enter COU-CIS-2008-0009 here. Submissions for this announcement are preferred by email (all attached documents must be in MS Word or Adobe Acrobat PDF format) to W. Douglas Craig, Chief Service Center Counsel Division, at Contact Information: Sheila Fisher. Phone: 949-389-3687. Or write: Office of the Chief Service Center Counsel, USCIS, 101 West Congress Parkway, Suite 560, Chicago, IL 60605.

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:

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has 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. 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, employing 80+ 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


Mayor Gordon Rips Congress On Immigration Policy
Phoenix Mayor Phil Gordon mounted a national platform here Thursday to demand that Congress break its stalemate on immigration reform and relieve local jurisdictions of burdens he says they face because of incoherent federal policies.

Miami Artist Drives Illegal Immigration Video Sculpture To Both Presidential Conventions
Miami-based artist, Steven Gagnon is driving his video installation, the "Border Cruiser" to Denver and Minneapolis to present at both the Democratic and Republican National Conventions to bring attention to the plight of undocumented immigrants.

How Illegal Immigration Hurts The Mexican Economy
One of the rarely-reported aspects of illegal immigration across the Southern US border is how much it hurts the Mexican economy and its people.

Across U.S., Church Leaders Have Been Calling For Reform
Some churches have gone further, offering sanctuary to illegal immigrants facing arrest by ICE agents.


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.

Honors And Awards
On August 18, 2008, Kristina K. Rost was honored as an Up & Coming Lawyer for 2008 by Massachusetts Lawyers Weekly.


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:
Kudos to Rob Gittleson's letter (08/22/08 ID) which states "Perhaps the lesson here is that if the Restrictionists would "restrict" the scope of their arguments to the subject of how best to legislate the policies for the future influx of new potential citizens, (based on their desire to become Americans, not on their race, color, or religion), then perhaps there would be fertile ground for serious and candid discussion." I'll largely go for that with the minor quibble that religion is part of culture and part of the assimilative process, but the potential creepiness that could hide in that qualification is modified by the fact that Americans have become progressively more inclusive on that score since the founding as various sects, religions and cults have passed a sort of cultural probationary period and assimilated well to the norms of peculiarly American citizenship. Think Roman Catholics and Mormons, both of whom were accepted well after Jews by mainstream culture, or Hindus and Wiccans, who are going through a similar process. Like most immigrants, I'm happy to admit some cultural chauvinism when it comes to the USA. For all its faults, people and society work better here. Lets not screw that up by managing inflow foolishly - overmanaging and restricting or by undermanaging and impeding assimilation. If we set our policies more intelligently, we can increase net immigrant inflows at the same time as we we increase both our productivity and cultural cohesion.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I would like to commend R. Gittelson's letter (8/22/08 ID). I was hoping that someone would recognize the profound and epic entry principals found in the 1923 Pres. Calvin Coolidge first annual address including that: " New arrivals should be limited to our capacity to absorb them into the ranks of good citizenship". Any policy decision or law would have been guided by these principals and not racism, cheap labor demands or illusive, impractical egalitarianism. The concern was to build a strong America and preserving the principals that make US unique, not in pursuing an agenda of racism as some have maintained. Readers should search and read the whole address for other such gems as: "Those who do not wish to become partakers of the American spirit ought not to settle in America" and "Our country has one cardinal principle to maintain in its foreign policy. It is an American principle. It must be an American policy. We attend to our own affairs, conserve our own strength, and protect the interests of our own citizens; but we recognize thoroughly our obligation to help others, reserving to the decision of our own Judgment the time, the place, and the method. We realize the common bond of humanity". But, my letters were not: "implying that the American culture is synonymous with White" so much as looking back to these solid principals which were happened to have been promulgated by whites. Those who denigrate whites also seem to attack these principals. We have strayed from these and obviously, can't change the past in charting our future. But, getting back to them from this point is the restrictionist goal which would seem to require a paradigm shift from present lax and excessive practices including CIR to prudent policies and enforcement which some falsely claim is draconian rather than disciplined.

Jim Roberts

Dear Editor:
Many Restrictionists base their own opinions about the fiscal impact of undocumented immigrants on our economy on conjecture. I believe that it is entirely possible that many of these same Restrictionists might not have had the experience of running an American business in our modern "globalized" economy. For example, the letter of Jim Roberts, (ID 8/22/08), makes a generalized statement that in my opinion exhibits naiveté in it’s assertion that, "if employers would hire citizens," we simply wouldn’t need any of the undocumented workers that are currently presumably some 7% of our workforce. In the real world, the 5.5% of our workers that are currently unemployed cannot replace the 7+% of workers who are undocumented. As someone who does have experience running a business in this economy, that the skill sets would not be a match. Many of those 5.5% are unemployed for cause, and the undocumented are in fact predominately hard and good workers, not likely to be unemployed for cause. Moreover, in my experience working through the State Unemployment Dept., over 90% of the unemployed will not last long enough on a manual labor job to qualify for the very lucrative tax credits that the State offers to find jobs for these people. I'm reminded of a floor speech last October by Rep. Steve King, (Iowa 5th), who unfortunately sits on the House Subcommittee of Immigration, in which he theorized that it would not impact our economy at all to deport all of the undocumented, if the rest of us were willing to work an  extra 11 minutes per day. He suggested that we all cut our morning and afternoon coffee breaks by 5.5 minutes each, and the problem would be solved. I know that it sounds preposterous, but I swear that he really said it, and he was serious.

Robert Gittelson

Dear Editor:
First of all I would like to thanks to the ILW.COM editor for providing all the immigration matters in detail. I have question on the Fragomen Lawsuit that when the first debate gonna be and also who has more chances to win? DOL is killing most of the non immigrants by putting their applications in audit. Thank you again for every thing. I will visit ILW.COM twice in a day.


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- 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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