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Immigration Daily August 4, 2009
Previous Issues
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The End Of Sheriff Joe

We believe that the Sheriff of Maricopa county, Arizona, Mr. Joe Arpaio, will likely lose his 287g agreement with DHS in early October 2009 (for the Associated Press background story, see here). DHS's new 287g policy, set to go into effect in October, wisely targets serious criminals for 287g enforcement. Those whose only offense is to have run afoul of the immigration laws will no longer be targeted by local law enforcement after October. The 66 local agencies who have 287g agreements have to let DHS know by then about their intentions to follow DHS policy, presumably those who disagree with DHS will no longer have 287g authority, nor the federal resources to run checks on those picked up. We believe that the Bush administration went too far in penalizing those caught up in our outdated immigration laws, which have not been amended to accommodate contemporary immigration levels. Elections have consequences, and those in the law enforcement community who believe all immigrants are terrorists until proven otherwise will likely have less and less support from the Federal enforcement infrastructure. While only the people of Maricopa county can remove him from office, Mr. Arpaio's ability to harm innocent immigrants will be dramatically curtailed come October 2009. To those who have suffered unrelenting and inhumane harassment by Mr. Arpaio, October cannot come fast enough.

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


Family Immigration For Beginners

ILW.COM's latest seminar is Family Immigration For Beginners, with speakers Douglas Hauer (discussion leader), Kehrela Hodkinson, Maria Frenn Kallmeyer, Eileen Morrison, Liam Schwartz and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on August 6: Overview of Family-Based Immigration, Basic Definitions in the INA and How to Complete and File a Form I-130

  • Who is eligible for family-based immigration sponsorship?
  • What is an immediate relative?
  • What is a "spouse" under the INA? Do same-sex spouses qualify for any benefits?
  • How does the preference system for family-based immigration work?
  • What is a "child" under the law?
  • How do you read the Visa Bulletin?
  • What countries send the most family-based immigrants to the United States?
  • How do you complete and document a Form I-130? Where do you file an I-130? When may you file an I-130 with a U.S. Embassy or Consulate?
SECOND Phone Session on September 3: Applying for Adjustment of Status and Consular Processing
  • Who is eligible for adjustment of status? How do you complete and file a Form I-485?
  • When would an individual apply for an immigrant visa at a U.S. consular post?
  • How do you complete and file a DS-230, immigrant visa application?
  • What role does the National Visa Center play in consular processing of family-based immigration cases?
  • What "red flags" should you look out for in preparing an adjustment of status or immigrant visa application?
  • How do you advise clients in providing evidence of the bona fides of a marital relationship?
  • How do you complete Form I-864? What documentation should you include to support a Form I-864?
  • When should you preemptively file a Form I-601 waiver request?
  • What is advance parole?
  • How do previous status violations and unlawful presence impact adjustment of status and immigration visa applications?
THIRD Phone Session on October 8: Important Strategy and Legal Considerations for Family-Based Immigration Cases
  • How does the law work with adoption?
  • What is conditional residence?
  • What do you need to know about I-751 petitions?
  • What happens when a petitioner in a family-based immigration case dies? Is there a process for reinstating a petition after death of the petitioner?
  • What dual representation issues arise in family-based immigration cases?
  • How do you prove familial ties in family-based cases? When do you need to rely on DNA testing to prove a relationship?
  • What does a sham marriage finding mean under INA 204(c)?
  • What if the sponsoring family member withdraws support of a petition before a green card process has been completed?
  • Should you ever question the authenticity of birth and marriage records?
  • Can an approved family-based petition be upgraded or downgraded?
Wednesday, August 5th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


FTC New Rule And The Implications For Law Firms And Their Clients
Sardar N. Durrani, Esq.,and Andrea L. Sumpter, Esq. write "ABA President, H. Thomas Wells, denounces the rules as imposing "an undue burden on law firms, especially solo practitioners," while accomplishing "very little." "

Immigration Reform And Guest Workers: "We Wanted Workers; We Got People"
Daniel Shanfield writes "So we could accuse Democrats and the Obama Administration of shilling for organized labor, or we could see opposition to a guest worker program as just making sense."

New Americans In The Old Dominion State: The Political And Economic Power Of Immigrants, Latinos, And Asians In Virginia
Mary Giovagnoli et. al of the Immigration Policy Center write "Immigrants make up more than 10% of the state's population, and 44% of them are naturalized US citizens who are eligible to vote."

To submit an Article for consideration, write to


DOS Cable On DS-160 Online Application
The Department of State issued a cable to all diplomatic and consular posts introducing the DS-160 NIV Online Application Form.

DOS Cable On Ending E-Passport Exemption
The Department of State issued a cable to all diplomatic and consular posts informing them of further guidance and talking points on ending the E-Passport exemption for emergency and temporary passports.

DOS Cable On Revised J-1 Visa Exchange Visitor Skills List
The Department of State issued a cable to all diplomatic and consular posts informing them of the revised 2009 J-1 visa exchange visitor skills list.

DOS Cable On Updated Medical Examination Forms
The Department of State issued a cable to all diplomatic and consular posts informing them of updated visa medical forms are now available.


Help Wanted: Immigration Attorney
Midtown NYC - Attorney for nationally recognized immigration firm specializing in immigration for physicians, scientists, and business professions. Will train but experience with O-1's and EB-1's a plus. Please send resume + writing sample to

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit or email Melany Hamner at


Suits For Wrongful Deportation By ICE Rise
Citizens who have been wrongfully locked up in immigration jails can't reclaim the months or years they spent behind bars, but some of them are seeking restitution and suing the U.S. government.

Detained and Abused
One toxic remnant of one of the Bush administration's failed wars - the one on illegal immigrants - is immigration detention.

Kin Rescue 'Smuggled' Humans
Two kidnappers suspected of "human smuggling" were attacked by bat-wielding relatives of their victims.

Arizona Sheriff Balks At Feds' Enforcement Change
The Homeland Security Department wants Sheriff Joe Arpaio of Maricopa County, Ariz., to stop arresting illegal immigrants whose only crime was crossing the U.S.-Mexico border without documents.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

New Attorney
Stone & Grzegorek LLP is pleased to announce that Michele A. Buchanan has joined the law firm. Ms. Buchanan has more than 20 years of experience in business immigration law, with an emphasis on multinational corporations, universities, scientists, investors, professionals, artists and entertainers.


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Regarding the ID comment "Southerners And Immigration" (07/31/09 ID) The issue here is illegal immigration. We are being invaded by approximately over a Million people a year, just from our Southern border. We do not need immigration law reform. We have excellent existing immigration laws. What we need is government reform. Our government is broken and it no longer wants to enforce our laws, mostly immigration laws. We have elected officials who are beholden to big business. Big business wants taxpayer subsidized imported labor from poor countries and the corrupt politicians of both parties oblige. One does not need to be a southerner, a Republican nor a Democrat to have common sense. Bringing poor people into this county for slave cheap labor while the taxpayers have to pay for their social services is a new form of slavery where the taxpayers are the ones who pick up the tab. We always had American migrant farm workers who did the job and we still have them if businesses are willing to pay decent wages. Out of control immigration is bringing poverty, ignorance, disease and crime to our communities. Time to stop talking about immigration reform and time to start talking about cleaning up our government.

Haydee Pavia
Laguna Woods, CA

Dear Editor:
The habitual and deliberate hyperbole of parts of the letter of R. Algase (07/31/09 ID) seemingly have no limits. Where before the previous letter wrongly stated that my letter's reference to "gated communities" meant "whites only", the latest letter twists my letter's advocacy of a limited, selected, enforced entry policy into being against any entry at all. One who supports prudent speed limits is not anti-auto or driving. But the letter calls for increased visas and open markets when Americans of all colors need jobs. Apparently, the labor certification scam against citizens as mentioned by E.S.F. is not causing enough damage to US. And how does leaving the gates open to hoards of illegal "brown people" and others with little education add "skilled workers"? This is not "immigration, it is demographic invasion and dilution. What the letter needs to explain and not ignore is why the advocacy places a priority in favor of non-citizens over US citizens of all colors including whites? Regardless of the merits of Real ID, the R. Gittleson letter's portrayal of Mark Krikorian of CIS and the "Attrition Through Enforcement" program as a "scheme" to make the lives of illegals "impossible, untenable and miserable" is unfair as is employers unjustly profiteering from imported, compliant, low wage migrants while the rest of US pick up the substantial social costs including job losses. Enforcing the law and removing benefits to which illegals are not entitled is not a "scheme". A recent CIS study states that 1/3 of illegals have already left AZ which refutes the phony position that CIR is the only solution as they won't leave on their own. The ones who won't can be deported as the law calls for, not educated, medicated and tolerated.

Jim Roberts

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. 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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