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Immigration Daily January 6, 2011
Previous Issues
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Comment: No Citizenship For America Haters - Not satisfied by visiting the sins of the parents upon the foreign-born children of the undocumented (in killing the DREAM Act), the anti-immigrationists are now taking aim at the American-born children of the undocumented. Even though this would mean throwing away the rule of the law – the centuries old doctrine of jus soli which has always been the bedrock of American citizenship - the anti-immigrationists are not troubled by trifles such as following the plain language of the constitution.
The anti-immigrationists' fantasies rest on the belief that the phrase "subject to the jurisdiction thereof" in the 14th amendment somehow implies that the undocumented are exempt from the jurisdiction of US law, and therefore from the benefits of the 14th amendment also. In
an article debunking this maliciously fraudulent misinterpretation of the 14th amendment, James Ho writes:

"A foreign national living in the United States is "subject to the jurisdiction thereof" because he is legally required to obey U.S. law. (By contrast, a foreign diplomat who travels here on behalf of a foreign sovereign enjoys diplomatic immunity from—and thus is not subject to the jurisdiction of—U.S. law.) During congressional debates, both proponents and opponents of the citizenship clause agreed with this interpretation of the 14th Amendment. For example, Pennsylvania Sen. Edgar Cowan opposed the clause precisely because it would extend birthright citizenship to the U.S.-born children of Chinese laborers and other noncitizens who "owe [the U.S.] no allegiance [and] who pretend to owe none." Tellingly, Cowan's racially charged opposition was met with the following response from California Sen. John Conness: "The proposition before us... relates simply in that respect to the children begotten of Chinese parents in California, and it is proposed to declare that they shall be citizens... I am in favor of doing so... We are entirely ready to accept the provision proposed in this constitutional amendment."
The anti-immigrationists take refuge in the argument that few other countries scrupulously follow the jus soli doctrine, preferring instead the jus sanguini doctrine, the very doctrine that has consistently led to enormous ethnically-motivated bloodshed in Europe in days past, and in Africa and Asia today. Patently, the anti-immigrationists do not believe in American exceptionalism. If they don't like the US constitution, and prefer the doctrines of other countries instead, the anti-immigrationists should leave America promptly. If not, immigration advocates should start drafting legislative language, including a constitutional amendment, to deport the anti-immigrationists from the USA.

Article: Why A Company Should Not Self-Audit Its Own Forms I-9 by Charles Kuck

Bloggings: 2011: The Year of The State Immigration Bill by Matthew Kolken

News: USCIS Issues Memo On New Discretionary Exemption For Activities Relating To All Burma Student's Democratic Front (ABSDF)

News: USCIS Issues Memo On New Discretionary Exemption For Material Support To The All India Sikh Students Federation-Bittu Faction (AISSF-Bittu)

News: USCIS Issues Minutes Of Stakeholder Meeting On Fee Waiver Form And Final Fee Rule

News: DOJ Office Of Immigration Litigation Bulletin: October 2010

News: CRS Report On "Sanctuary Cities": Legal Issues

Focus: THE H-1B BOOK
THE H-1B BOOK is Edited by Karen Weinstock, and features contributions by Prakash Khatri, Courtney Black, Mikiel J. Davids, Melissa Downing, Rajeshri Patel, Ari J. Sauer, and Elissa Taub. The Table of Contents is as follows:
First Step: Interview The Client
Second Step: Send The Client Intake Forms And Related Information
Third Step: Credentials: Verify That The Worker Has A US Bachelor's Degree Or Equivalent
Fourth Step: Determine The Prevailing Wage
Fifth Step: Prepare And File The Labor Condition Application (LCA)
Sixth Step: Prepare The I-129, Related Forms And Petition Letter
Seventh Step: Send All The Forms And Petition Letter To The Client For Review & Signature
Eighth Step: Assemble The H-1B Petition And Send To The USCIS Service Center
Ninth Step: Troubleshooting
Tenth Step: Post-Approval Case Management
H-1B Degree Equivalency
Reviewing The Path To Permanent Residency
Traveling On An H-1B Visa While Petition Or Application Is Pending
Dealing With Gaps In Employment
Temporary Visa Alternatives To The H-1B
The History And Economic Impact Of The H-1B Visa
When Are H-1B Visas Cap Exempt?
For more information about the book and to order, see here. For the fax form, see here.

Headline: State Legislators Attempt to Turn Back Clock to Antebellum South
Headline: Protecting the 14th Amendment:
Headline: Deport 'Em All - The Dred Scott Republicans Who Want to Repeal BirthRight Citizenship
Headline: R.I. governor ends order enforcing immigration law
Headline: Several states want court ruling on birthright Citizenship
Headline: Legislators in states plan laws to redefine citizenship
Headline: States trying to deny U.S. citizenship
Headline: Exhausted Texas Sheriffs Say No to Arizona-Style Immigration Law
Headline: Antis champion rule of law and propose to violate Constitution Hypocrites! Antis are the true law-breakers!
Headline: Looking for the best candidate? Carry your help wanted ad on #Immigration Daily. Find out more details at
Headline: PERM Book 2d. Ed: Your Book for PERM Rule, Analysis and Comments, ETA forms, Memos, Roadmaps & Checklists. Get your copy
Headline: Former undocumented student shows what happens when DREAMS are realized
Headline: RT @newman_chris: More evidence of link between SB1070 author & hard core neo-nazis. [video]

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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.

Immigration Law Certificate
Classes offered both online and in-person. Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. For more information on class schedules, tuition and fees, course applications and to register, see here.

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.

To place a classifieds ad in Immigration Daily, see here

ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event
January 6, Washington, DC - The Center for Strategic and International Studies is pleased to present "Dealing with the Causes: Mexico's Economic Policy and Migration." Speakers include Sidney Weintraub, Jeffrey Passel, Javier Diaz de Leon, Raul Delgado Wise, Tamar Woroby, Antonio Ortiz-Mena, and Demetrios Papademetriou. For more info, see

Readers can share professional announcements (up to 100-words at no charge), email:

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 1995-2010 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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