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Immigration Daily

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Immigration Daily January 8, 2007
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For The Record

From time to time, Immigration Daily receives requests to change information that appeared in Immigration Daily. Immigration Daily is a newspaper published on the web, and not a website. Like a newspaper, the Immigration Daily archives is permanent. Absent a factual error as of the date of publication, Immigration Daily does not alter its archives, and marks any factual errors corrected later so that readers are on notice that there has been a change to a document. Our policy is consistent with most newspapers. The Los Angeles Times, for example, acknowledged a factual error in a past article. Despite this, the Los Angeles Times did not change the article itself but posted an errata in its "For the Record" section.

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


Family-Based Immigration: Nuts And Bolts

Our new book, Family-Based Immigration: Nuts & Bolts; Editor: Charles Wheeler of the Catholic Legal Immigration Network, Inc. (CLINIC) features:

++ Chapters: Immediate Relatives And The Preference System, Overview Of The Application Process For Permanent Residence, Adjustment Of Status, Consular Processing, Immigrating Through Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility, Affidavit Of Support, Self-Petitions For Abused Spouses And Children, & Ethics

++ 35 Appendices include: Sample Request For Criminal History, Documenting I-130 Petitions, Sample Motion To Reinstate I-130, Consular Processing Instruction Package, Consular Processing Appointment Package, Suggested Evidence Of Bona Fide Marriage, I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions), I-601 Waiver Packet Based On INA 212(i) (Fraud Or Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9) (B)(v) (Unlawful Presence), & I-212, Request For Permission To Reapply For Admission After Deportation

++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22 CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant statutory provisions, key BIA & Federal cases, selected USCIS memos, public health service documents, etc.

For more info on Family-Based Immigration: Nuts & Bolts, and to order,


H-1B Visas Are The Heart Of The Abramoff Scandal
Gene A. Nelson writes "These leaders associated directly or indirectly with lobbyist Jack Abramoff will not be a part of the 110th Congress: Rep. Tom DeLay (R-TX), Rep. Bob Ney (R-OH), Rep. Richard W. Pombo (R-CA), Rep. J.D. Hayworth (R-AZ), Rep. John E. Sweeney (R-NY), Sen. Conrad Burns (R-MT), and Sen. Mike DeWine (R-OH)."

Bill Dahl shares an immigration poem.


CRS Report On Labor Practices In Meat Packing And Poultry Processing Industry
A Congressional Research Service report provides an overview of labor issues in the meat packing and poultry processing industry, which states that "during the 1990s, by estimates of a former INS officer, about 25% of packing/processing workers may have been persons unauthorized to work in the US and employed in violation of U.S. immigration law."


Help Wanted: Immigration Attorneys
Fragomen, Del Rey, Bernsen & Loewy, LLP seeks three mid-level associates to join its research and policy group in its New York and Washington, DC offices. The NY position requires 3-5+ years of business immigration experience, a proven track record as writer on immigration issues, and the ability to work under pressure. The DC positions require 3-5+ years of business immigration experience, policy analysis background, excellent writing skills, and knowledge of legislative and regulatory process. Experience on Capitol Hill, in an immigration agency, or with an advocacy/policy organization a strong plus. Superior academic credentials, excellent verbal, written, and interpersonal skills required. EOE. Please submit cover letter, resume, law school transcript, and writing sample to: Jacqueline V. Guynn, Esq. Recruiting Manager, Fragomen, Del Rey, Bernsen & Loewy, LLP, 99 Wood Avenue South, 10th Floor, Iselin, NJ 08830.

Immigration Law Certificate
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. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

Case Management Technology
At ImmigrationTracker our clients say it best: "Our criteria for choosing a solution were simple: I wanted an integrated system that was powerful but easy to use. The fact that many of my most respected colleagues use Tracker made the decision a no-brainer" Steve Clark, Managing Attorney, Flynn & Clark. While other vendors talk about bells and whistles, we talk about our track record: 13 Past AILA Presidents, 18 of the 25 largest immigration firms and thousands of immigration professionals who rely on ImmigrationTracker. While others talk about building and customizable systems, we partner with AILA's best attorneys and build it for you -- so you don't have to. If you have been promised the moon but have been left with cheese, give us a call and find out why more firms trust Tracker than anyone else. Call us for a free guided demo at 1-888-466-8757 ext. 278 or email or visit us at


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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:
I enjoyed the analogy suggested by the First Circuit in its decision in Kim v. Gonzales (see 01/05/07 ID comment) that much of removal law "is now something closer to a many-layered archeological dig than a rational construct." Can any of your readership identify the single provision of federal immigration law to which the greatest number of layers of exceptions or waivers would apply? I bet there are multiple four-tier "exception/waiver to the exception/waiver to the exception/waiver to the provision" constructs in existence, but I would be really intrigued to find a five or even six-tier mutant running loose. Since, as the First Circuit suggests, we are looking more among excavated refuse pits than within classic monuments, it would be fair to include reported judicially-created exceptions in the challenge.

Michael M. Hethmon. Esq.
Immigration Reform Law Institute

Dear Editor:
In December 2006, there was a discussion in ID Letters to the Editor about "noncitizens" in the military who were gaining an expedited path to citizenship - even if they were illegally present in the US, and even if they hid that fact by presenting phony documents when they enlisted. An ID comment (01/02/07) referred to the fact that there are currently 30,000 immigrants serving in the US military - and that the Pentagon is considering expanding the number of immigrants in the ranks, by putting more immigrants on a faster track to US citizenship if they volunteer and by opening recruiting stations overseas. Reference in ID's commentary linked to an enlightening International Herald Tribune article, re-posting a 12/26/2006 Boston Globe article by Bryan Bender. That article claims that currently, Pentagon policy stipulates that only immigrants legally residing in the US are eligble to enlist, but that a recent change in US law now gives the Pentagon authority to bring immigrants to the US if it determines it is "vital to national security". There was no mention in that article as to whether, along with out-of-country recruitment, they would allow persons illegally present in the US to enlist. We are all familiar with the oxymoron "military intelligence", which appears to be once again rearing its ugly head in these desperate times when we can't tell a terrorist from a civilian. How then, will the Pentagon, and their military intelligence, discern between a terrorist and a civilian, when they recruit from overseas? Background checks? Come now. Background checks cannot effectively reveal the mindset of any individual. Although US citizenship or permanent residence is also not necessarily a bellwether of loyalty to country and cause, certainly it goes a lot further than recruiting non-American youngsters off the streets of Baghdad, Montreal, or Paris.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In response to Dave Andersons and Bill Glens letters (01/04/07 ID) I think some very good points are made. I live in a city that thrives on tourist attraction. Who am I or anyone else for that matter to assume that either the facility or the people themselves are illegal or that there is proof of any wrong doing on the company? Do we automatically assume when ever we see some one hispanic that they are here illegally? Now lets look at the recent ID comment (01/05/07 ID) entitled "White Supremacist" which uses the countries lack of unity on this issue for publicity, not only is it ugly its gonna get dangerous. Mr. Anderson's letter raises a good point and unfortunately I believe it is the view of many that it truly isn't a simple issue of legal or illegal. For me personally I am glad that there is someone who is there to clean a table for me when I decide to visit one of these places. My problems lie with the ones who want to affiliate themselves in gang or drugs or sex trade industry. If for a moment we ignore the documentation issue, who would you like to have as a neighbor the drug dealing thug or the single mom who came here to offer her child a chance at life and is humbly cleaning our messes at resteraunts and hotels to feed and clothe them. No hand outs. My great grandmother came here from Italy straight off the boat. I am a proud american and I believe that while we do have a problem we are using our immagrants who are working honest jobs with or without documentation as the scapegoat.

Kim Bilyou

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 1995-2007 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