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Immigration Daily December 23, 2010
Previous Issues
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Comment: The Perfidious South - The South has a nasty habit of reneging on solemn agreements with the North. Despite the fact that the gradual sunset of slavery was written into the original constitution (Article 1, Section 9), the South refused to terminate slavery without first resorting to blows during the Civil War. In the early decades of our country's existence, the South had practical control over the Federal government – for 32 out of the first 36 years of our constitution, the President was a southerner, by virtue of the-then population, the South had control over Congress, even the country's capital was moved to below the Mason-Dixon line (from New York City to Washington, DC) so that Southern Senators and Representatives could have their slaves attend to them when they were in Congress. Demographics, however, worked against the south, and thanks to immigration, the North overtook the South in population, and gradually, in control over the Federal government. Even so, the South would not go gently into the night, with the Civil War as consequence.
History is repeating itself today. The Reconstruction Amendments (13th, 14th and 15th) were the solemn conclusion to the armistice at Appomattox Court House on April 9, 1865. Using Jim Crow laws, the South thumbed its collective nose at the intent – and letter - of these amendments for almost a century after the Civil War, until the dawn of the Civil Rights era in the US, after World War II. The South continued to engage in the practice of racial preference in government, Southerners would sooner change political parties than political preferences – thus defecting en masse to the GOP from the Democratic party over the last 40 years. Once again, it is demographics, powered by immigration, which is bringing regional rivalries to a head. The children of immigrants – both documented and undocumented – threaten the world-view, and the world, of the racists in the South. Once again, the South does not want to go gently into the night.
We have said before, and we say it again, some parts of our constitution are un-amendable. Three that we allege to be so are: the amendment clause, the bill of rights and the reconstruction amendments. Only a constitutional convention can even discuss amending these parts of our constitution. For Congress to cavalierly usurp the prerogative of discussing amendments to the 14th amendment, is to spit in the faces of the soldiers, both Northerners and Southerners, who shed their blood, both during the War of the Revolution, and the Civil War. We assert that Congress has no power to hold hearings on amending the 14th amendment. It is insulting to the memories of American patriots of the Revolution and the Civil War that Congressional leaders suggest that the 14th amendment can be amended. Should the GOP, and Congress in control of the GOP, persist down this path, our system of checks-and-balances will ensure a reaction. It will not be pretty, bloodshed is in this forecast. We counsel mis-guided racists from persisting in this unwise path for down this path lies much misery to all.

Article: How to Jump-Start Cross-Selling in Your Law Firm by Larry Bodine

Bloggings: Obama To Blame For DREAM'S Failure? by Greg Siskind

Bloggings: Funding Shortfall for Refugee Resettlement by Jason Dzubow

News: USCIS Delays Requirement For Completion Of Part 6 Of I-129

News: USCIS Revises Form For Naturalization Candidates Seeking Medical Disability Exceptions

News: USCIS Interim Memo On N-648 For Comment

Focus: EB5 For Experts
ILW.COM is pleased to present “EB5 For Experts” a 3-part telephone seminar series with Michael Gibson, Robert C. Divine, Robert Gaffney and John Patrick Pratt (Other Speakers to be Announced). The curriculum is as follows:

FIRST Phone Session on December 30: Due Diligence & Care

Guidance in helping clients select an appropriate investment

With an onslaught of EB-5 Regional Center applications filed recently and the expected number of Centers expected to top 200 in the near future, how can immigration attorneys expect to counsel their client on which investment to select and what should they do to protect themselves in the event that the project fails to achieve the removal of the I-829 or fails to return the capital invested?

  • The role of the immigration attorney and care for client
  • Due Diligence lists, how relevant are they?
  • What factors should be considered
  • Scope of representation
  • Liability, disclaimers and waivers
  • The role of the immigration attorney as advisor, professional insurance
  • The roles of other professionals to assist the investor client
SECOND Phone Session on January 13: Securities law: Avoiding Litigation and Rescission

With so many EB-5 Regional Centers marketing to a relatively few, the pressure is on to deliver investor clients and the tactics and techniques employed by some of the Center's, their agents and "finders", both in the U.S. and overseas may cause increased scrutiny by the Securities & Exchange Commission and attorneys who specialize on malpractice and litigation on behalf of their investor clients. How can EB-5 practitioners and Regional Centers who have offerings in the market stay safe and avoid potential litigation and rescission?

  • Reg. D & Reg. S offerings (definition of exemption)
  • Solicitation and 502(c) rule
  • Internet advertising: Lamp &
  • Seminars: overseas and domestic, rules and practices
  • Compensation and fees: definition of Agents & Finders
  • Marketing material v. operating documents
  • Project failure and investor litigation
THIRD Phone Session on February 3: Valuation & Risk

What factors improve the chance of success in an EB-5 investment, the roles of capital, debt and equity, cash flow and what other factors are critical to making an informed decision in assessing the strength and weakness of the offering.

  • Why proper valuation of risk is important
  • Factors used in evaluating risk, research, due diligence
  • The importance of capital
  • The importance of the timeline in project completion
  • Cash flow
  • Equity v. Debt
  • The role of management, competition & market
  • The decision making process
  • Comparisons of dis-similar projects
  • Risk ratings and standards in risk valuations
Tuesday, December 28 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.

Headline: GOP continues down racist road - 2012 hopefuls to skip Hispanic forum
Headline: Dream Act was caught in an economic vise
Headline: DREAM Act Failure "Biggest Disappointment" of the Year
Headline: Senate makes sure DREAM is deferred, dashing hopes of thousands of young people
Headline: @BarackObama to fight for immigration reform, at least hopes to pass DREAM Act in nxt Congress. See minute 22.50
Headline: Looking for the best candidate? Carry your help wanted ad on Immigration Daily. Find out more details at
Headline: U.S. Marine Pleads: Don't Deport My Father
Headline: Right-wing environmentalists argue against growth
Headline: H-1B Book includes H-1B Step By Step, Advanced H-1B Issues and essential memoranda. Get your copy at
Headline: Obama says he will veto "punitive legislation" against immigrants Will he?
Headline: Racist Vitter wants to ignore US Constitutional mandate to count ALL persons for Census

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Help Wanted: Immigration Professionals
Toronto, ON - Immigration law firm seeks global immigration specialists (lawyers or paralegals with global file management experience) for Toronto-based global practice focused exclusively on corporate clients. The successful candidate will demonstrate complex problem-solving capabilities, attention to detail and superior communication skills. S/he must be comfortable managing a reasonable caseload in a fast-paced and collegial team. Fluency in multiple languages an asset. Please submit your resume via email to or by fax to 416-943-0289.

Help Wanted: Immigration Attorney
Washington, DC - Fragomen is looking for an attorney with 1+ years of experience in business immigration with an emphasis on the preparation, review and analysis of nonimmigrant L-1 and H-1B petitions and applications; knowledge of immigration law and procedure; excellent communication and interpersonal skills. Qualified candidates will be highly organized, have a strong work ethic and have meticulous attention to detail. Associate will work with large, global, corporate accounts and have a great deal of direct client contact. Highly competitive salary and benefits. Please email cover letter, resume, and writing sample (Word or Adobe formats only), in confidence, to Robert F. McCafferty, Human Resources/Office Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, at Or fax same to 202-371-2898. EOE.

Expert Witness Services
Muslim World Expert Professor Shaul M. Gabbay, Phd, offers expert testimony in immigration cases from Muslim countries/societies, including the former USSR. Dr. Gabbay prepared reports and testified in 250+ Immigration cases nationwide (asylum, cancellation of removal, asylum interviews, hardship waivers) with a 93% success rate. Examples of what Immigration lawyers say: ... "He is a consummate scholar and passionate about his subject ... He makes a wonderful witness... He is riveting on the witness stand, helping us win nearly unwinnable cases with aplomb. He has won the praise of numerous Immigration Judges." (Svetlana Schreiber, Esq.) ... "He provided the testimony we needed in numerous asylum cases ... in virtually all of those cases, but for the expert witness testimony, I doubt the cases would have been approved, I recommend Professor Gabbay to anyone with issues involving Islamic society and culture." (Stephen Berman, Esq.) ... "His testimonies, whether written or oral, are credible, persuasive, and non-refutable. I have never lost a single case which had Dr. Gabbay on as an expert witness." (Ally Bolour, Esq.). Contact Professor Gabbay with any questions. He can also recomend country experts outside his specialty. Professor Shaul M. Gabbay, Phd, Korbel School of International Studies, University of Denver,, (303) 871-2560.

Case Management Technology
Which company do Fortune 500 Companies, top immigration firms, non-profits, one of the world's largest retailers and 2.4 million+ foreign nationals choose for their comprehensive immigration management needs? They choose EDGE, by LawLogix. LawLogix boasts unparalleled immigration experienced customer support to ensure we not only answer your call, but we answer your question! Offering a full range of options for transferring your current client files, LawLogix enables your firm to easily adopt EDGE with no downtime. LawLogix EDGE is the #1 integrated immigration forms, billing and case management system with online access for clients. EDGE provides around the clock access for your clients to check the status of their case, fill out intake questionnaires, review and print forms, and communicate with you securely. The online client access reduces the number of case status inquiry calls, and allows you and your staff to work more effectively. EDGE provides exceptional reporting capabilities. Quickly and easily configure any reminder, case status, consultations, milestone report with 1 click while making your job easier and more enjoyable. Visit us at, email, or call today 877-725-4355 ext. 2 to request your Private VIP demo.

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ComingsNGoings: Immigration Reading
Immigration Nation: Raids, Detentions, and Deportations in Post-9/11 America, By Tanya Maria Golash-Boza, Paradigm Publishers, 224 pp., Hardcover, ISBN: 1594518378, $89.00

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X

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