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Immigration Daily

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Immigration Daily April 18, 2008
Previous Issues
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Let Them In

"Let Them In: The Case for Open Borders" an upcoming book by Jason L. Riley, a member of The Wall Street Journals editorial board was recently reviewed by the Worcester Telegram: "Two general themes run through the book: One is that todays Latino immigrants arent different from earlier immigrants, only newer; and the other is that an open immigration policy is not only compatible with free-market conservatism and homeland security, but it is also good for the economy." For the full review, see here.

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


Forever Waiting: Optimizing The Adjustment

ILW.COM is pleased to announce a 3-part telephone seminar series "Forever Waiting: Optimizing The Adjustment", the curriculum is as follows:

FIRST Phone Session on April 24th: AOS Portability, 245(k) and EAD/AP Renewals

  • What is it OK to port?
  • Serial porters
  • What if an employee ported before the adjustment application was pending for 180 days?
  • Does an employee need to rely on portability for a job change or promotion?
  • 245(k) and the long-pending adjustment of status application
  • EAD/AP Renewals: Fees and the 120-day filing rule
  • Dual representation issues - employer's responsibility to support adjustment of status application, EAD v. nonimmigrant status
SECOND Phone Session on May 29th: Travel and Maintenance of Nonimmigrant Status
  • Is it necessary/advisable/possible to maintain nonimmigrant status?
  • What affect will travel have on the AOS application?
  • H and L nonimmigrants and the dual intent travel memo
  • Extending status of those traveling on AP
  • Dependents - do they need to be in the same status as the principal?
  • Is it possible to get back into nonimmigrant status after allowing that status to lapse?
  • Post-sixth-year H-1B extensions with a new employer
THIRD Phone Session on June 26th: Dealing with Dependents and Understanding the Unpredictable Visa Bulletin
  • Can dependents work on EADs while the principal maintains nonimmigrant status?
  • Must all family members use AP and/or nonimmigrant visas?
  • How does visa retrogression affect eligibility under the CSPA?
  • Visa bulletin prospects for the future
  • Filing I-140s in multiple EB categories
  • Keeping an eye on cross-chargeability
The deadline to sign up is Tuesday, April 22nd. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


17 Ways To Increase Your Marketing Material's Readership And Response
Trey Ryder writes "Tip #15: Write in lists rather than paragraphs. Many people shy away from reading paragraphs because they look like large, foreboding blocks of copy. But people like reading itemized lists because they seem quick and easy to read."

Bloggings: April 18, 2008
Christopher T. Musillo of the Hammond Law Group shares the latest entries to his firm's blog.

To submit an Article for consideration, write to


USCIS Fact Sheet On Naturalization Through Military Service
USCIS issued a fact sheet on naturalization through military service.


Help Wanted: Immigration Attorney
Manhattan - Alan Lee, Esq., ( seeks a bright, ambitious, extremely hard-working attorney as sole associate, who writes well, is detailed, does the homework on cases, & has experience in various aspects of immigration law. You will handle appearances at CIS and courts and cases that are/may become difficult. Strong interpersonal and communication skills required. Salary not necessarily commensurate with workload, but good opportunities down the road. E-mail resume to

Help Wanted: Immigration Professional
Rockville, MD - Hammond Claxon, P.C., nationally-recognized 2-attorney business immigration boutique, seeks law firm administrator to ensure efficient workflow, implement/coordinate practice management software, automate procedures, coordinate billing and finances, handle personnel matters, open and assign cases, assist in marketing and planning for changing needs of the firm. Must have 4+ years experience in legal or other professional service organizations, strong communication and administrative skills, ability to work independently and organize and prioritize work and availability for overtime. Excellent growth opportunity for legal secretary or paralegal. We are conveniently located in the charming Rockville Town Center near the Metro. Email resume to

Help Wanted: Immigration Paralegal
Dupont Circle, DC - Fast-paced, dynamic nationally recognized, immigration law firm seeks motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, and interpersonal skills required. Prior business immigration experience required. Experience with PERM desired. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Please email resume, salary requirements, and references to: or fax (202) 483-6801, Attn: John Nahajzer. No calls please.

Help Wanted: Immigration Attorney
Cleveland, OH - David Wolfe Leopold & Associates seeks associate with 2-4 years of employment-based immigration law experience. Excellent writing, technical, communication and organizational skills essential. E-mail resume (with specific experience) and writing sample to: Daurielle Horowitz:

Help Wanted: Immigration Attorney
San Jose, CA - Littler Global seeks associate with 5-7 years of employment-based immigration law experience. Candidate should possess excellent academic credentials and should have experience working in high-volume, fast paced environment. If you are interested in applying for this position, submit resume online at Littler Careers > Laterals > How to Apply. Please reference Littler Global in application. We offer generous benefits package to all full-time employees. EOE. No telephone calls please. No recruiters, principals only.

Help Wanted: Immigration Professional
downtown San Francisco, CA - Do you love training clients? Are you great at project management and enjoy working directly with clients? Looking for a change? ImmigrationTracker, the premier immigration management software provider, seeks a training and implementation specialist. We offer an energetic team-oriented work environment and comprehensive benefits package. You will provide customized project planning, implementation and training to new Tracker clients, while ensuring clear communications and consistently exceeding customer service expectations. Experience working in/with law firms, strong project managers, strong customer service, training and presentation skills, technical aptitude with PCs and industry related software, and commitment to accuracy and attention to detail. Effective written and oral communication skills, excellent documentation skills, and ability to work both independently and as team member are essential. Willingness and ability to travel required. US work authorization required. No third parties and contractors. Email resume to No phone calls, please.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner:

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 80+ engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email


Lawmakers Plead For More Foreign Workers

Immigration Agents Arrest Nearly 300 At Pilgrim's Pride Plants


Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Book
"Keeping Out the Other: A Critical Introduction to Immigration Enforcement Today" by David C. Brotherton and Philip Kretsedemas, Columbia University Press , 432 pp. Paperback, ISBN: 0231141297, $24.50.


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:
Let me deal with some of the misinformation in the letter by Mr. Roberts (04/17/08 ID). The letter says: 1. Birth citizenship can be eliminated without a constitutional amendment. In fact, it cannot except on anti-immigrant websites. 2. Liberal courts have misinterpreted the 14th amendment. "Liberal" apparently means any court with which the letter disagrees, presumably on the basis that the people best qualified to interpret the constitution are those who do not like immigrants and have not gone to law school. 3. US-born persons whose allegiance to the US is questionable are intended to be excluded from automatic citizenship. By what standard can the allegiance of newborn babies be judged? 4. Rep. Bob Stump is a co-sponsor of legislation introduced in the current congress to deny birth citizenship to the US-born children of illegal aliens. In fact, former Rep. Stump died about five years ago. 5. Finally, the letter misquotes Senator Jacob Howard. The correct quote, according to everything else that I have read on the subject, is: Every person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the US. This will not, of course, include persons born in the US who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the US, but will include every other class of persons. The word "or" (included in the letter, prior to the word "who" in the sentence above) is not there. As a result, the words "foreigners, aliens, who belong to the families of ambassadors" all refer to just one group, those born to parents who have diplomatic immunity. Everyone else born in this country is a citizen, as the courts have always said.

Sid Lachter, Esq.

Dear Editor:
Jim Roberts' letter (04/15/08 ID) claims that the main purpose of the pre-1965 immigration law was not to discriminate against immigrants from outside Northern Europe, but merely to limit immigrant numbers in a way that reflected the "approximate" population mix of that period. This statement is not merely grossly inaccurate, but it also misses the fundamental point of that law. If the purpose was as Mr. Roberts' letter describes, the immigration quotas would have been based on the US population mix as reflected in the 1920 census, since the law was passed in 1924. Instead, it was based on the 1890 census, taken more than 30 years before the law was passed. No historian of that epoch has ever suggested that it could have taken 30 years to tabulate US census results. Clearly, there was a quite different reason for using the 1890 instead of 1920 census figures. This was that, in 1890, the population mix was much more heavily weighted in favor of "Anglo-Saxons" and other immigrants from Northern Europe. The great wave of early 20th century immigration that brought major increases in Jewish, Italian and Eastern European immigration had yet not taken place. It is important to remember that these ethnic groups, now so well accepted into the American main stream, were at that time subject to the same kind of prejudice that is now being directed primarily against Latino immigrants. However, even the 1924 law did not go to the extreme of trying to deprive American born children of foreign born parents of the Constitutional right to US citizenship. It seems that not only has information processing technology developed to an extent unimaginable in the 1920's, but the technology of devising legislative proposals to give vent to hatred of unpopular minorities has become more sophisticated as well.

Roger Algase, Esq.
New York, NY

Dear Editor:
In the brief comment about my article (04/16/08 ID) that advocates for both the border fence and the legalization of our nation's undocumented residents, Jim Roberts' letter (4/17/08 ID) chimed in with this cryptic gem, "Robert Gittelson's Article's arguments only displays the distorted degree that advocates of illegals will go." Out of curiosity, does the letter feel that both my support of the fence and the undocumented were distorted, or is the letter okay with building the fence? My money says that the letter meant to say that my arguments advocating legalizing our undocumented immigrants were distorted. I suspect that the letter writer was just fine with my arguments for building the fence. That being the case, perhaps the letter misspoke by saying "only displays," and perhaps should have said "partially displays," or more accurately should have said, "distorts the arguments that I disagree with, but accurately portrays the arguments that I agree with." Maybe I'm completely wrong, and the letter is against the fence too, since it couldn't possibly agree with me, could it? On a more serious and disturbing note, Mr. Roberts' letter of 4/15/08 ID was disquieting. When the letter included the passage, "will change the unique experiment that was American liberty into just another third world country and whites a minority which is in process," it makes the uncomfortable assumption that if white people were in the minority in the United States, then we would be a de facto third world country. I am very cautious of this outlook, as it evokes a subtle nod of acquiescence toward white supremacy. This ominously overshadows the letter's meaning, when it states, "To secure America, we need to drastically limit and select entry."

Robert Gittelson

Dear Editor:
Wrt to Mr. Roberts' letter (04/17/08 ID), US uses jus soli and jus sanguinis to determine the citizenship of children born in the US territory, period. The constitution must be amended to Jus Sanguinis only if we want to deny citizenship right to children born by "illegal" immigrants. I wonder anybody would support any harsh xenophobic immigration laws if applied just right before they or their ancestors set foot here, including if they're in the same situation like dr. Servano from Philipine. The Servanos checked singles on their immigrant visas application correctly. They're singles when their parents sponsored them. The only mistake they made, they never realized that getting married later would unfairly push them to 4th. preferrence and they must do all those hassles and paperwork again and wait almost forever to immigrate. I also read about a German orphaned boy adopted by their American grandparents but they never did the proper paperwork for him. The German boy were ordered deported but after the interference of the Congressman of their district this boy secured a greencard. I am just disgusted to see so many selfish and heartless Americans who easily say let's deport them on these cases without consideration based on common sense, compassionate and humanitarian grounds.

Robert Yang

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- 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