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Immigration Daily January 14, 2009
Previous Issues
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All In Details

Roll Call's Morton Kondracke writes "Given last year's election results, major immigration reform ought to pass in 2009 - but first, the incoming Obama administration has to decide what to do about some draconian policies put into place by the Bush administration." For the full editorial, see here.

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


Deadline Is Wednesday, Jan 14th For Adjustment of Status Interviews - Be Prepared

Wednesday, Jan 14th is the deadline for Adjustment of Status Interviews - Be Prepared! The curriculum is as follows:

  • Documents to bring
  • How to prepare your clients
  • How to prepare for employment-based AOS interviews
  • How to deal with a difficult officer
  • Protecting your clients' rights
  • Dealing with criminal issues
  • Special cases - VAWA, SIJ, HIV waivers
The deadline to sign up is Wednesday, Jan 14th. For more info, including speaker bios, detailed curriculum, and registration information, please see: Fax version:


Surviving Spouses Against Deportation Urges An End To The Widow Penalty
Brent Renison writes "This letter is written to the Obama-Biden Transition Team in an effort to educate the incoming Administration about the Widow Penalty, and to urge its end through administrative interpretation and through legislation."

Law Library Of Congress Global Legal Monitor: Immigration And Nationality Law
Rubens Medina, Law Librarian of Congress tracks recent immigration-related legal developments around the world.

Immigrants Of The Week: Shilpa Priya, Josefina Scaglione, and Kate Winslet
Greg Siskind honors immigrants of the week.

To submit an Article for consideration, write to


AAO Says Indian MBBS Degree Is Equivalent To MD Degree For EB-2 Classification
In Re: Norman Regional Hospital Administrative Appeals Office, File. SRC 08 198 51124 (Jan. 9, 2009), the AAO said that an MBBS from India "represents the attainment of a level of education comparable to a first professional degree in medicine in the US" reversing the Texas Service Center's decision on this issue (courteesy of E. Vance Winningham, Esq.).


Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP seeks an experienced paralegal to assist in case management and preparation of a wide range of employment-based immigrant and non-immigrant petitions, PERM applications and Adjustment of Status applications. Stinson Morrison Hecker LLP is one of the nation's largest law firms, with 335 attorneys in eight offices with experience in more than 45 practice areas, and represents clients in a full range of corporate, transaction and litigation matters. Please send resume with salary requirement to Lisa K Lange at:

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeks mature and responsible senior business immigration paralegal with 4+ years experience in business immigration cases, including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and EB-2) and PERM. Must be capable of independent work, including legal research, intensive client contact and drafting responses to complex RFEs and NOIDs. Bilingual Spanish/English speaker preferred. Must have bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Salary commensurate with experience. Please email resume, references and writing sample to No calls please.

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:

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Obama, Mexican President Meet for Immigration, Security Talks
U.S. President-elect Barack Obama has held talks with Mexican President Felipe Calderon, in Mr. Obama's first meeting with a foreign leader since his election in November.

Children's Health Bill Aids Legal Immigrants
Democrats are using an early vote on a children's health-care bill to advance a longstanding effort in the more controversial area of immigration.

Panel Says RI Gov Should Clarify Immigration Order
Rhode Island Gov. Donald Carcieri should clarify the intent of his executive order cracking down on illegal immigration nearly a year ago because it was widely misunderstood and feared, according to a panel charged with studying the effects of the order.

Bush On Border Agents: I'm Not Talking Pardons
President Bush has extensively discussed his immigration reform policy in exit interviews and given a $60,000 bonus to a Border Patrol chief who has been criticized for not supporting Ignacio Ramos and Jose Compean but he refuses to talk about whether pardons could be in store for the imprisoned 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.

Immigration Event
Wed, January 14, 2009, 11:00 AM - 12:00 PM PST - Register for a free 1 hour MCLE Ethics Webinar: Legal Outsourcing, the Ethical Implications. The webinar provides attorneys with practical advice relating to the ethical implications of offshore legal outsourcing. The webinar includes a detailed case study of a large scale offshore document review project and how the AmLaw 100 firm dealt with the ethical obligations. Attorneys from the following States will be entitled to 1 hour of MCLE Ethics credit - CA, CO, FL, MO, TX, WA, WI. Space is limited. Reserve your Webinar seat at:


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:
An excellent letter by Robert Yang (1/13/09 ID). There is little to disagree with and almost nothing to add. Immigration should always be, first and foremost, about human beings, not abstract numbers, ideology or prejudice. Mr. Yang's letter admirably reflects this spirit of reason, tolerance and common sense, which is the only possible foundation for a workable immigration system.

Roger Algase, Esq.
New York, NY

Dear Editor:
Regarding Roger Algase's letters of January 12 and 13, 2009, while I commend him for espousing such an egalitarian philosophy, I am totally disappointed in his haughty and fallacious responses to my letters and in his playing the "race card" in what should be an intellectual debate about what is an Article II "natural born Citizen." Despite Mr. Algase's attempt to reduce the issue as such, it is simple to understand that neither one's like or dislike for Obama nor the color of his skin is relevant in this analysis. At a minimum, Obama has to prove that he meets Article II's eligibility requirement if he wants to be President. I do not "impugn" the validity of Obama's birth certificate. Rather, I ask where is it? Our Founding Fathers focused on the Office of President (and Vice President) when requiring that a candidate for that office be a "natural born Citizen." They included this eligibility requirement in the Constitution to assure that our President and Commander in Chief be loyal only to our nation and our new constitutional republic would not be attacked from within its borders. The "natural born Citizen" clause isn't outdated, for when it comes to our national security, we have to assume the most extreme examples existing not only in today's world but also in that of the future. Our nation's adherence to the rule of law dictates that we adequately answer what is an Article II "natural born Citizen" and that we assure ourselves that any would-be President satisfies that standard. Obama simply has not yet adequately shown that he satisfies this Constitutional eligibility requirement. May I humbly suggest that those who do not like what Article II says, should join with some of Obama's friends who would like to pass a Constitutional amendment to change it.

Mario Apuzzo, Esq.
Jamesburg, NJ

Dear Editor:
Kudo's to Robert Yang on his letter 1/12/09, "CIR must have humanitarian and compassionate waiver provisions to unite families of legal US citizens and residents whose spouses got deported by past immigration violations and they may amend those violation by community service or and fines instead ... it's time for common sense to rule." I had a boss who said, Common Sense is not so Common. Otherwise how could you explain that last years CIR proposal did favor "yesterdays border jumpers" over the spouses and parents of US Citizens. The 3,10 and permanent bar for non-criminal Immigration Violations never served an interest of the state and is a devious and draconian form of punishment when applied to the spouse or parent of a US Citizen. Its America's dirty little secret that the US Government shakes it finger at other nations for Human Rights Violations yet agressively is persuing Enforcement Only Immigration policies that result in US Citizens families being harrassed and destroyed. I can think of no other law on the books that spits in the face of one of Gods specific commands, "they are no more two, but one flesh. What therefore God has joined together, let not man put asunder." Matt 19:6.

Sergi Sheplov

Dear Editor:
My family and I have lived in the USA for 8 years now. We have been through the very lengthy and costly process of getting a greencard. All this while arriving here legally right from the start on the correct visa. We have never ever been treated with any form of respect from anyone in the immigration process, and have suffered endless delays and and unnessary questions, sometimes the same thing over and over again. We tolerated all this. We did after all choose to come here. We have been law abiding citizens all this time, contributing greatly to society through our work expertise, high taxes etc. We have had the "great" greencard now for about 2 years. What disappoints me most is the bad attitude of the Border Control Agents at the airport every time we arrive from a trip abroad. Every time my family and I return from a trip abroad, we are questioned like criminals regarding every aspect of our lives. Questions to which I am sure the answers are clearly visible for the agent ot see on his computer. When do we earn the right or respect to get on with our lives in the USA without constant persecution. Thank goodness there is usually a friendly face that will eventually say "welcome home" but I never feel very welcome here, even though this is now my home. If the USA think they can get along without any immigrants, they should just not allow any here. However, if you do allow us into your country, maybe a little bit of respect can be shown. Let's be honest, we are not all here looking for asylum because our own countries are unbearable. We might also be doing you a favor by providing you with our knowledge.

Linda Cogill

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 1995-2008 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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