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Immigration Daily April 19, 2011
Previous Issues
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Comment: Birther Bill Vetoed In Arizona - Arizona has once again drawn the attention of pro-immigrationists and anti-immigrationists alike due to Governor Jan Brewer's veto of the so-called "birther" bill in that state. The bill would have required Presidential candidates to prove their US citizenship before their names could appear on the state's ballot. If candidates could not provide their birth certificate, the Secretary of State could have accepted baptismal or circumcision certificates, hospital birth records and other documents as proof. Gov. Brewer stated that she was uncomfortable asking Presidential candidates to submit their proof of citizenship to the state of Arizona, and leaving it at the discretion of state officials as to whether or not to put the candidates' on the ballot. This bill was driven by claims that President Obama's birth on US soil has not been proved, despite repeated confirmations from Hawaiian officials including two successive governors - one Republican, the other Democrat of that State. Common law percepts argue for the acceptance of (and the veracity of) vital records when such records are attested as authentic by the designated custodians of those records. Gov. Brewer's veto of this bill reiterates the central place of the State of Arizona in the immigration debate, and highlights the fact that not all developments in that state are in the anti-immigration direction.

Article: US Immigration Rule(s) Affecting Hijab by Yosef Yacob

Article: Re-envisioning Security And The Movement Of People by Susan Ginsburg and Kristen McCabe for the Migration Information Source

Article: E-Verify Update: Self Check Goes Live on March 21, 2011 in Select US Locations by John Fay

Bloggings: H-1B Usage Off To Slow Start by Greg Siskind

Bloggings: Founder of Targeted for Deportation by Matthew Kolken

Bloggings: Virginia Denies Driver's Licenses to Refugees by Jason Dzubow

Bloggings: Montana Receives its first EB-5 Regional Center Designation by Brian Su

Bloggings: PERM: Proof of Publication on Website by Joel Stewart

News: USCIS Publishes QAs On Final Rule On Employment Eligibility Verification

News: USCIS Updates H-1B Cap Count

News: USCIS Updates H-2B Cap Count

Focus: Consular Processing for Experts
ILW.COM is pleased to announce "Consular Processing for Experts", a new 3-part telephone seminar with Jan Pederson (discussion leader), Ellen Freeman, Kehrela Hodkinson, Joanne Orizal, Laurel Scott, Elaine Witty and others. Tuesday, April 19 is the deadline to sign up, the curriculum is as follows:
FIRST Phone Session on April 20: NIV Issues

  • Third Country National NIV Applications In Canada And Mexico
    • Border Posts: overview of who can and cannot apply.
    • Rationale for limitations on who cannot apply.
    • Appointments always necessary.
    • Necessary forms: DS-160
    • At which posts can List of 26 and T-7 apply?
    • Is there a case for a TCN not applying in Canada or Mexico, if eligible to do so?
    • Border Post review of right to counsel at visa interviews.
    • Circumstances under which an applicant not issued a visa at a border post can return to the United States.
  • Home Country Visa Applications
    • Appointments almost always necessary. Check waiting times on DOS and consular post website for details.
    • Research post policies, personnel and local red flags.
    • CIS approved petitions (H, L, O, P) are not a promise of a visa.
    • Prepare the client for the interview and ensure visa applications are completed accurately and completely.
    • Documents applicant should bring to the interview.
    • Waiver of personal appearance.
    • What to do when there is a glitch at the visa interview:
      • Security clearances, NCIC Checks, and Hits in the Database: the applicant forgot about the arrest for pot or shoplifting 30 years ago.
      • Petition Issues: Job Inflation and Skills Tests - does the job exist and can the employer afford to pay the wage?
SECOND Phone Session on May 12: IV Issues
  • Considerations in Consular Processing.
    • Unlawful presence and effect on application
    • Risk that the applicant's visa and/or immigration history may result in delay or denial.
    • Readjudication of labor certifications, visa petitions and qualifications of applicant.
  • "Following-to-join" issues.
    • Documents to file with the consular posts.
    • When can principal alien's entitlement to LPR status be readjudicated at the IV interview of the "following-to-join" spouse or child?
    • When may the IV issuance be properly delayed and for how long? (Issue arises in Manila when principal alien adjusted status as a nurse; Issue arises when principal alien adjusted status as an asylee or through legalization; Issue arises when consular officer questions whether principal alien in F2A (unmarried minor child) and F2B (unmarried, adult son or daughter) cases is maintaining his/her principal place of residence and domicile in the United States at the time of the interview.)
  • Considerations in family-based petition cases.
    • When blood relationship questioned, may attorney insist on DNA test and through what mechanism? Often much time would be saved through DNA testing, particularly when the alternatives are returning an approved petition to CIS and/or awaiting the outcome of a local investigation.
    • Strategies to resolve relationship questions locally in lieu of petition return to CIS.
    • I-864 issues (E.g. Whether petitioner "resides" in the United States.)
  • Processing of an "Age-Out" Case.
  • Processing of a Child Status Protection Act (CSPA) Case.
  • "Portability of an approved alien labor certification and I-140" to immigrant visa processing
THIRD Phone Session on June 2: Waiver Practice in Consular Processing
  • Nonimmigrant Visa Waivers of Inadmissibility.
      General Issues:
    • Who is eligible for a 212(d)(3) waiver?
    • Which grounds can be waived?
    • Which grounds cannot be waived?
    • The life of a waiver.
  • Procedures for requesting a 212(d)(3) waiver.
    • Request made to consular officer after refusal.
    • Consular officer can either recommend or refuse to recommend to overseas DHS office that a waiver be granted.
    • DHS has final authority to grant or deny waiver.
    • Appeal procedures if consular officers refuses to make favorable recommendation and winning strategies.
  • Processing Times and Procedures.
    • When the waiver request must or may be sent to the Visa Office by the consular officer.
  • Criteria considered in waiver request/approvals.
    • Matter of Hranka effect?
    • How big, how bad and how long ago was the prevarication?
    • How long ago was the conviction and how serious was the crime?
    • Evidence of reformation and remorse.
    • Purpose of trip. Does life-saving medical treatment trump a trip to Disneyland?
    • Consular officers are directed to apply a balancing test; weighing the equities against the negative factors. How this works in practice.
  • Immigrant Visa Waivers of Inadmissibility
    • General Issues
    • Who is eligible for a waiver?
    • Which grounds can be waived?
    • Which grounds cannot be waived?
  • Procedures for requesting a waiver.
    • Form I-601 filed with consular officer for most grounds.
    • Consular officer must forward I-601 to DHS office overseas for adjudication.
    • Fingerprints and G-325A often required.
    • Send client to IV interview fully documented with respect to both possible grounds of ineligibility and reasons why waiver should be granted.
  • Coming to America when a visa isn't issued.
    • Humanitarian Parole
    • Visa Waiver at port-of-entry
    • 212(d)(4) waiver at land border port of entry
Tuesday, April 19 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: Sign up today :D! CLE Seminar: Physicians For Experts
Headline: Senate Dems kill voter ID, immigration crackdown proposals
Headline: Waltham Residents Voice Thoughts On Immigration Enforcement Program
Headline: Obama revives immigration reform
Headline: Crowd calls for reforms at ICE
Headline: Drivers License limits fuel immigration fight
Headline: Tallassee's harsh immigration bills flunk common-sense test
Headline: Obama's day: A town hall, Easter and immigration
Headline: America's National Suicide: An immigration ordeal
Headline: RT @ImmPolitic Obama to host immigration meeting immigration reform
Headline: RT @HispanicNewYork @RepGutierrez Support for @barackObama depends on reform
Headline: RT @rahartwell Spanish Article, "Is the President's turn to play now"...
Headline: Estimates of the State and Local Taxes Paid by Unauthorized Immigrant Households
Headline: RT @jilevin: NYT: The Anti- Immigration Crusader
Headline: RT @UAFAwatch: Democrats propose bill extending immigration rights to same-sex couples
Headline: RT @Richard_Florida: The Melting Pot That Isn't: Why America Needs Better Immigration - My latest post @TheAtlantic -
Headline: Looking for the best candidate? Carry your help wanted ad on Immigration Daily. Find out more details at
Headline: The Consular Posts Book: this useful guide covers major consular posts, theory & practice. Get your copy at
Headline: Don't be left out Get listed! Sign up for ILW.COM Attorney Yellow Pages at

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Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP seeks an experienced paralegal to work with our premier Immigration Law group in St. Louis. This is a full-time position (Monday through Friday). Applicants must have a college degree or the equivalent work experience; a minimum of 2 years relevant immigration paralegal experience; a deep experience in a full range of employment-based matters, including IV's, NIV's, PERM and EB-1; experience with NIW-medical and Conrad Amendments a plus. The ideal candidate will also have strong detail orientation skills, high degree of accuracy skills, organizational skills and strong verbal and written communication skills. Stinson Morrison Hecker LLP is one of the nation's largest law firms, with legal roots dating back more than a century. At Stinson Morrison Hecker, we offer a professional and friendly work environment with integrity as our guiding principle. Our benefits and compensation are comprehensive, progressive and market competitive in an effort to reward and retain our most important asset - our people. For more information and to apply, see here. EOE

Help Wanted: Immigration Attorney
Downtown Los Angeles, CA - Stone & Grzegorek LLP seeks an experienced immigration attorney. Are you interested in joining a dozen attorneys who are passionate about their evolving immigration law practice? Do you yearn for a positive work place that will support you in achieving excellence and putting forth your best work? You may be just the experienced attorney we are looking for to become a significant member of a growing, collegial law firm specializing in diverse practice areas. Give one of us a call, or send your letter and resume to:

Help Wanted: Immigration Attorney
Washington, DC - The Office of the Chief Counsel (OCC), U.S. Citizenship and Immigration Services (USCIS), Department of Homeland Security (DHS), seeks an experienced attorney with demonstrated legal knowledge and experience involving verification of immigration and citizenship status and employment eligibility issues and interpretation of statutes and regulations that would enable the candidate to provide legal advice regarding the Agency.s E-Verify and SAVE programs, for the Commercial and Administrative Law Division (CALD). The attorney would report to the Deputy Chief of the Commercial and Administrative Law Division in Washington, D.C. Applicants must possess a J.D. degree from an accredited law school and be an active member of the bar (any jurisdiction). You must have three or more years of professional legal experience, acquired after being admitted to the bar, commensurate with the duties and responsibilities of the position. Experience interpreting statutes and regulations is required. Experience advising clients on privacy and disclosure issues and on programs similar to E-Verify and SAVE is highly desired. For more info, key in Job Announcement Number: COU-CIS-2011-0004 at Submit cover letter, resume, and writing samples to: Must be received by close of business, Friday, April 29, 2011. Position is at the GS-0905-13/15 level.

Help Wanted: Immigration Paralegal
Englewood, NJ - Wildes & Weinberg, PC, a prestigious immigration law firm, seeks experienced immigration paralegal to train for 3 to 6 months in its Midtown Manhattan offices before working permanently in its Englewood, NJ office to work on immigrant and non-immigrant matters. Applicant must possess 2+ years of work experience in the area of business immigration, particularly with preparing, organizing and filing PERM applications, O-1, E, H-1B and L-1 visas, as well as strong writing and communication skills. Please send resume and cover letter to

Help Wanted: Immigration Attorney
Downtown Chicago, IL - AzulaySeiden Law Group seeks an immigration attorney. To be considered, a candidate must have a minimum of 3 years experience practicing immigration law. The firm deals in all areas of immigration, including removal defense, business, family, appellate work and outbound immigration services. Experience in removal defense and fluency in a foreign language preferred. We seek a motivated, committed individual who wants a focused, contemporary environment that celebrates diversity. If you are a goal driven individual who would appreciate the opportunity to work in a leading US immigration law firm, you may be the right fit. We offer fair compensation based on experience and incoming business, along with a full benefits package and believe in promoting a healthy balance between work and personal life. Please send a resume, writing sample, law school transcript and any inquiries to

Korean Community Website
Would you like to meet new clients for free? You can do so by registering with as an "honest attorney." is a website which provides all kinds of immigration information mostly to the Korean community. Koreans looking for honest attorneys to answer their questions regarding immigration law will be able to find you on the list of "Honest Attorneys" of this site. In order to protect a registered attorney's profit advantage, there will be a limit to the number of attorneys allowed to register from each state. On average, each state will be represented, according to their population, by 4 immigration attorneys who will be accepted on a first-come basis. Among the 4 registered attorneys, 2 will be Korean and 2 will be American. Once the set number of attorneys is reached, any other attorneys attempting to register will be put on a waitlist. In addition, all registered attorneys will have to sign an agreement that they will not charge excessive rates to their clients. Honest Attorneys can answer some questions visitors have posted on the site. You can register as an honest attorney on the link here.

CLE Immigration Event
Memphis, TN - (May 13-14, 2011) The Federal Bar Association in conjunction with the Memphis Mid-South Chapter of the FBA; the Mid-South Chapter of the American Immigration Lawyers Association (AILA); and the U.S. District Court for the Western District of Tennessee, invite you to join us for one of the most exciting national immigration conferences available this year. The confirmed speaker line-up is a who's who of well-renowned AILA attorneys and government officials including Judges from The US Circuit Court of Appeals, the Acting Director of EOIR and other former and current Immigration Judges from across the country, and counsel from The Office of Immigration Litigation (OIL). This conference also offers the opportunity to hear from a panel of ICE and USCIS supervisors as they discuss various immigration issues that affect both the mid-South and the nation as a whole. Come mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special tracks for pro bono attorneys as well as criminal lawyers. Earn up to 14 CLE hours (with a possibility of 3 ethics hours offered) and have fun, too. Early bird deadline is April 15, 2011. This Conference is limited to 400 participants. For more information, including speakers, curriculum, see here. For online hotel registration, see here. To place a classifieds ad in Immigration Daily, see here

ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event
Teleconference - April 26, 2011 - 2:00pm - The USCIS is pleased to present "The Monthly Stakeholder Teleconference: Appeals and Motions". For more info, or to RSVP, contact Kathryn Nicholas at or call (402) 219-6405.

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

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