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Immigration Daily

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Immigration Daily January 9, 2007
Previous Issues
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Love All Babies

According to an Associated Press news story, "After coming under fire for denying a Chinese-American infant a $25,000 prize in a New Year's baby contest because her mother was not a legal U.S. resident, the Toys "R" Us company said Saturday evening that it had reversed its decision." For the full story, see here.

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


Deadline Is Tues, Jan 9th For Technology Immigration: Update From The Trenches

The curriculum for the Phone Session on Jan 11, 2007 of the "Technology Immigration: Update From The Trenches" seminar is as follows:

Issues Important to Larger Employers

  • I-9 Compliance
  • Centralized VS Decentralized Control
  • Corporate Reorganizations, Mergers and Acquisitions, Successor in Interest Concept
  • Lay Off of US Workers
  • Portability Within Company
The deadline to sign up is Tuesday, January 9th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Strategies Every Immigration Attorney Should Consider In Light Of DHS's Pending Adjustment Application Removal Procedures
Robert G. Nadalin, Esq. writes "The authority to place applicants with pending adjustment of status cases into immigration court proceedings is questionable."


Aytes Memo On P1 Minor League Athletes
USCIS Associate Director of Domestic Operations Aytes issued a memo on "Creating Opportunities for Minor League Professional, Entertainers, and Teams through Legal Entry Act of 2006 (COMPETE Act of 2006) admission as P-1 nonimmigrant.

Aytes Memo On H-1C Nursing Relief
USCIS Associate Director of Domestic Operations Aytes issued a memo on "Public Law 109-423 Reauthorization of H-1C Program under the Nursing Relief for Disadvantaged Areas Act of 2005."


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.

Case Management Technology
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EB-5 Investor Program
An investor green card with no quota backlog for your clients. A generous finders fee from American Life Inc. for you, if allowed in your state. One of the best-kept immigration secrets... a real estate limited partnership investment of $525,000 in the American Life EB-5 Investor Green Card program in the Seattle Regional Center gives your accredited investor clients speed and freedom. Speedy conditional green card approval, typically in about 1 year. Freedom to live anywhere in the U.S. without being tied to a job or business. No need for day-to-day management of an active business. Limited Partners have a policy making role. American Life Inc. manages over 25 properties - over 1,350,000 sq. ft. The oldest active Regional Center, projects range from $3 million to more than $20 million. Want to know more about the immigration benefits of American Life's EB-5 program? Call Mark Ivener at 1-866-767-1800 to answer your EB-5 immigration questions. With more than 30 years immigration law experience and five immigration law books to his credit, Mark Ivener is American Life's Immigration Consultant. For more information visit American Life's website,


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Send your professional announcement to: Examples include: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. This is a free service.


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:
Despite David Murray letter's expression of surprise and dismay (01/08/07 ID), recruiting foreigners to serve in the US military is nothing new. The Philippines actually has a quota of people it can send up for slots in the US Navy every year. Further, picking a recruit from Baghdad would likely flag that person as someone who has already risked life, limb and family to assist the US. I'd expect that such a person would be far less likely to roll a grenade into a command tent than many native-born American recruits. To avoid the sort of penetration Mr. Murray's letter fears, we would have to avoid recruiting people with significant foreign entanglements. But by avoiding the foreign born, and the foreign, the US military would simply replicate the policy of the State Department, which kept the foreign service almost exclusively the proving of graduates of the Ivy Leagues, with devastating effects on it's ability to predict the behavior of foreigners. Accepting some risk of people in uniform being at risk of manipulation because of threats to their families and conflicted loyalties is a rational risk to take, because the specialized skills, knowledge and commitment of such recruits vastly improves our military's skill pool. The risk from recruiting foreigners is likely far smaller than it is perceived to be, as serving in the military is not terribly remunerative, and there would be a lag of years before any plant could start sending out useful intelligence to our opponents. As for the "oxymoron", military intelligence, the Defense Intelligence Agencies seem to have a better track record than any of our civilian intelligence agencies, with the possible exception of the DEA, certainly they do better in terms of avoiding meaningful penetration by hostile entities.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
David Murray's summary of Pentagon alternatives for alien recruitment was educational (01/08/07 ID). His letter did not mention one other power that I have seen the Pentagon exercise. That power is a waiver of the documented requirement for aliens in the US in cases where the skill set of the alien is essential to military operations. I do not know the limits of this waiver option but I have had a client who benefited by it.

Paul Good, Esq.

Dear Editor:
As a tool to righting the injustice of American immigration, I do not understand the point of Bill Dahl's poem, Immigrace-un" (01/08/07 ID), which seems to make a lot of assumptions, and which has several catchy lines. I especially like, "Unjust policies that can be slain with love" and find that concept very powerful. I just can't seem justification for putting it to practice in resolving America's immigration problems. The "Unabated cries of those in need" should be addressed not by America, but by any country from which economic refugees flee to the United States. As to "Uncomfortable adjustments required to do what's right" - does Mr. Dahl's Article suggest that to do right America must ignore the violation of its immigration laws and allow illegal aliens to obtain that which the law does not offer? And if so, on what basis? Simply because some are poor in their own countries? There are literally billions of poor and economically disadvantaged people in the world. America cannot help them all. As to "Unbearable guilt over ungodly hate", I personally have no guilt and I have no hate, and I take umbrage with Mr. Dahl's suggestion that I, and all other readers of his poem must be hate mongers. The law is the law and the law must be respected, lest we abolish all law and all respect for law. I am opposed to rampant illegal immigration and in my opposition I do not believe I have "Unfounded self-righteousness [that] blinds us all", in fact, I am neither self-righteous nor blind - my eyes are quite wide open and I am able to see that over the past twenty years Congress has created an immigration nightmare that government leaders have repeatedly refused to adequately address, most recently before last November's mid-term elections.

David D. Murray, Esq.
Newport Beach, CA

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