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Immigration Daily

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Immigration Daily May 1, 2008
Previous Issues
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New Homepage

ILW.COM has a new homepage! With an improved left-hand navigation bar and focus on Immigration Daily, we hope the cleaner "look and feel" will help our 250,000+ monthly visitors find content easier. Yes, if you're an Immigration Daily subscriber, you are now part of an ever-growing community, with Immigration Daily subscribers now counting 22,000+. Thanks to all who have contributed to ILW.COM, we look forward to your continued participation.

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



ILW.COM is pleased to announce The NEW PERM Book, i.e. THE PERM BOOK, 2008-2009 Edition. As before, noted labor cert guru Joel Stewart is the distinguished editor for this title. The first edition of THE PERM BOOK has been completely sold out! For more info or to place your pre-publication order for the new edition (coming soon), please see here. For the fax document, see here.


USCIS Implements New Policy On Exemptions From Certain Terrorism-Related Bars To Admissibility
David A. Isaacson writes "To explain the significance of the Scharfen memorandum, it is necessary to begin with some background regarding the terrorism bars contained in the INA."

Bloggings: May 01, 2008
Greg Siskind shares the latest entries to his blog.

To submit an Article for consideration, write to


CBP Announces Expedited Pilot Screening For International Travelers
CBP announced a pilot program designed to expedite the screening and processing of low-risk, frequent international trusted travelers entering the United States.


Help Wanted: Immigration Attorney
Detroit, MI - Clark Hill PLC seeks experienced immigration associate. Qualified candidate will have 2+ two years business immigration law experience with filings for H Visas, L Visas, E Visas, PERM cases and green cards. Working knowledge of immigration case management system is preferred. Excellent written communication and strong interpersonal skills required. Email resume, cover letter, writing sample, + law school transcript to Martha Mackinnon: EOE.

Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks an attorney for the position of Associate Counsel in the National Security & Records Verification Law Division (NSRVLD). Responsibilities include, but are not limited to, providing legal advice and consultation in discussions with the heads of USCIS units, working with USCIS managers in a continuing effort to improve the security check and fraud detection processes, assisting in the coordination of legal issues involving national security, criminal and fraud matters with other law enforcement and intelligence agencies and providing litigation support in cases before the Federal courts. Experience in immigration-related criminal and national security legal issues preferred. Must be able to hold and maintain a Top Secret clearance. For full details enter COU-CIS-2008-0006 here. Applicants must submit (1) resume, (2) writing sample (5 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business Wednesday, April 30, 2008. GS-13-15, position open until filled. No reimbursement expenses offered.

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

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.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Bush Wasted An Opportunity On Immigration

Silver Spring Jobs Firm Pleads Guilty To Fraud


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 Event - Fresno, CA
Catholic Legal Immigration Network, Inc. and Catholic Charities, Diocese of Fresno is pleased to announce "Family-Based Immigration Law Training", June 16 -17, 2008. This intensive two-day training will review common and complex issues in family-based immigration law. Space is limited. More information available online at The deadline for registration is June 6th. For more information, call Chris Ozaki at (415) 394-9371. ILW.COM is pleased to be a media event sponsor.


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 think ID meant 245(i), not 212(c) (04/30/08 ID comment). The barrier to getting section 245(i) of the INA revived is that immigration opponents have successfully painted it as "buying a green card for $1,000.00." Immigration proponents have not successfully convinced lawmakers that it is a convenience fee for processing permanent residence in the US rather than through a consulate. Immigration advocates should make the argument more persuasively, with three key points: 1) To take advantage of 245(i), people still have to be sponsored by a qualifying relative or employer, and still have to wait for their priority dates. 245(i) does not eliminate that. 2) The $1,000 fee is "free money" for the government, and adds up to hundreds of millions of dollars per year. 3) Having people process their papers and have their biometrics taken stateside, enhances US security, because it eliminates having people fly all over the world, subjecting themselves, our embassies, and us, to the inherent weaknesses in that system. Further, by not burdening our embassies unnecessarily with the bulk of this work, they will be less encumbered and therefore more able to do what is necessary to screen applicants for non-immigrant visas. Given that reinstatement of 245(i) {especially if coupled with the elimination of the useless and spiteful 3- and 10-year bars} would eliminate a huge number of problems with the current system, it seems that should be a priority for immigration advocates.

Donna C. Becker, Esq.

Dear Editor:
ID mentioned that 212c reform would be a landmark, signaling the beginning of real immigration reform (see 04/30/08 ID comment). I beg to differ, as it's going to be pretty tough to get Congress to do anything to help convicted criminals. Even after St. Cyr, the regulators invented a scheme of requirements that barely give lip service to the real 212c. The best place to start would be the renewal of 245i, and updating of the registry date. This would help people who need it, arguably deserve it, in the pursuit of family unification, and would garner the least opposition, since the adjustment of status standards would still exist, and the fee incomes would be substantial. This is one of the greatest hardships imposed by our system at present, that people brought to the US as young-uns, who now fall in love and marry US Citizens, have to leave the US, go to Ciudad Juarez, one of the most dangerous and predatory places in the hemisphere, where they encounter a rude and even mean-spirited system which not only will not give them a visa without a waiver of their "illegal presence' in the US, but won't even accept their application for said waiver without requiring them to hang around in Juarez for days or even weeks, waiting for another appointment to submit this waiver application. 245i would completely solve this dilemma by eliminating the necessity for the waiver in lieu of the substantial "multa.' It would be an excellent first step toward proving to America that we can positively impact the government process, humanitarian concerns, and common sense without jeopardizing security or enforcement, and at minimal cost to the system, since the system in the USCIS is already geared to processing huge volumes of adjustments, while the byzantine Consular system is not.

John E. Shorkey, Esq.
Chula Vista, CA

Dear Editor:
Jim Roberts' latest letter (04/30/08 ID) about the supposed dangers of the current Latino "invasion" of America shows nothing other than the same mean spirit that motivated the anti-Jewish comment of the wartime Canadian immigration official mentioned in my letter of April 30. As long as our immigration policy is based on fear and dislike of immigrants who have a different skin color and/or speak different languages from the white American majority, including immigrants who have overcome our irrational and restrictive laws and managed to come here legally or even obtain US citizenship, we will never have a rational, just, or humane immigration system. Nor will we ever be able to overcome the problems of illegal immigration, which will only continue to grow until we provide realistic opportunities for people to come here legally, rather than lurching toward the cruel, self-defeating and vindictive "enforcement only" policies that are becoming fashionable now in an increasingly divided, polarized and racially paranoid country.

Roger Algase, Esq.
New York, NY

Dear Editor:
In February, the Pew Research center estimated that our population will reach 438 million by 2050 from just over 300 now with 82% of the increase being a direct result of immigration, both legal and illegal. This is without any "jack pot" amnesty scheme which would increase these numbers dramatically, all of which affect our nation's environment, resource base, economy, cohesion and culture. Entry policies, or lack thereof, are not required to be national suicide pacts and a more limited, selective and enforced direction is long overdue. In LA, the #1 group wantedformurder are illegal aliens, not legal minorities. Warrants Issued for murder, rape, robbery, DUIs, grand theft autoand burglary, are also lead by illegal aliens. Most sunbelt cities share these statistics with L.A. We must take the handcuffs on our law enforcement officers and allow them to inquire about legal status in routine encounters with probable cause. They have inherent authority to enforce immigration law just as they do for robbing banks, a Federal offense. Sanctuary policies that allow illegal presence must be ended and to be here illegally made a felony. This, along with other prudent measures, including ending birthright citizenship, will address the illegal problem with no amnesty scheme that rewards lawbreakers needed. In states where restrictive policies have been enacted and enforced, an exodus is already underway including lower school enrollments. It constitutes malfeasance of office not to pursue such policies. There is nothing racist about upholding the law and policies that consider America First.

Jim Roberts

Dear Editor:
Responding to ID's comment (04/29/08 ID), would I work to live or to feed my family, would I work if I was illegal - count on it. Would I die to defend my family and children - count on it. Would I shoot to protect myself and my family - if necessary - count on it. What type of fool would put people in this position? I'm truly outraged. It sounds like something one would expect in Zimbawee.

Linda Kapala

Dear Editor:
California, Nevada, "New" Mexico, Arizona, Utah, Texas were indeed parts of past Mexico. Before the European invaders came to the Americas, the Natives were free to go anywhere they liked without the hassles of passports and visas requirements as of today. Under what morality and legality these illegal European settlers may impose artificial political borders on these Native people lands today? And under what morality and justification that they may justify their ancestors coming here to find freedom, better life and opportunities and ironically their future descendants have become so selfish and ignorance that they want to punish other people to do the same. Ms. Yeh Ling Ling from DASA complaints about environmental problems caused by population growth and immigration, but wait, isn't it rich Americans that play golf, drive SUVs and live in McMansions? Americans are only 5 % of the world population but we waste and pollute the most here. Those who share Ms. Yeh's opinion have no right to blame the "Amigos" unless they look at the mirror first of how "green" they really are. It's shame on them. These tragedies only happened because there're some selfish restrictionist nativists xenophobes who are afraid of new comers and competitors. The anti immigrationists here can't hide their fear of competition. It's all about the competition they don't like.

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