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Immigration Daily

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Immigration Daily July 1, 2008
Previous Issues
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Steve Fischel

Steve Fischel, who worked at the Department of State for over 3 decades, lately retired as the primary advisor to the Assistant Secretary of State for Consular Affairs on all visa related legal matters in his capacity as the Director of the Office of Legislation Regulations and Advisory Assistance, passed away on June 28th of complications attendant to an aortic aneurism at St. Paul's Hospital in Vancouver. The principal author of many DOS regulations and FAM provisions, he would have been 60 in July.

Greg Siskind bids him farewell, Angelo Paparelli mourns a patriot. A long time friend of Steve's, Martha Schoonover (of Greenberg Traurig in McLean, VA) kindly sent us the following personal note:

Steve was one of my best friends for over 20 years and one of the most loyal and caring friends anyone could have. But he also served an extremely important role at the State Department for over 30 years having written many of the regulations and FAM provisions that govern visa issuance. He brought government officials and private lawyers together to discuss issues openly and without hostility. Steve was always approachable and would give you the time to make your case. He didn't always agree with you but he always listened. He never took himself too seriously and could always find the humor in any situation. Most importantly, he was a thoughtful person who cared deeply about his friends and family. We will miss him very much.
Some time ago, Steve had kindly provided us his personal copy of Senate Report 81-1515 of 1950, he informed us that this was the primary background document on the basis of which Congress later enacted the McCarran-Walter Act of 1952 codifying in one place for the first time the country's Immigration and Nationality statutory provisions. We manually scanned the 900+ page document, and had planned to publish it later due to technical reasons (the original file size was 300MB, we succeeded in reducing it to 100MB, it was our hope to reduce it still further in size if possible). In his memory, we offer today the file in five parts below. It is one of the most important documents we have ever carried and we hope that scholars will find this first-time-ever electronic version useful in researching Congressional intent behind our immigration laws.

See here for part 1, part 2, part 3, part 4 and part 5 of Senate Report 81-1515.

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


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Putting The "I" In Wr*t*ng: Drafting An A/Effective Personal Statement To Tell A Winning Refugee Story
Stacy Caplow writes "For lawyers representing asylum seekers, a narrative told in the first person is the central evidence in the case." This article was originally published in The Journal of the Legal Writing Institute, and is reproduced with permission.

Book Review: From Mutual Aid To The Welfare State By David T. Beito
Roger W. Lotchin for the Foundation for Economic Education writes "David T. Beito has written a book of significance to many subdisciplines of history, including urban history, social history, African-American history, and immigration history."

To submit an Article for consideration, write to


Senate Report 81-1515 of 1950
This Senate Report 81-1515 of 1950 was the primary background document on the basis of which Congress later enacted the McCarran-Walter Act of 1952 codifying in one place for the first time the country's Immigration and Nationality statutory provisions. This report was provided to us courtesy of the late Steve Fischel. See here for part 1, part 2, part 3, part 4 and part 5 of Senate Report 81-1515.

USCIS Revises Instructions For Applications Previously Processed By Tijuana Office
USCIS revised its instructions on where to submit applications previously processed by its Tijuana Field Office.

DOS Corrects Effective Date In Au Pairs Interim Final Rule
DOS issued a correction to an interim final rule on Au Pairs published on June 19, 2008. The published document contained an incorrect effective date.


Help Wanted: Immigration Paralegal
Dallas, TX - Law Offices of Richard A. Gump, Jr. P.C., an immigration law firm located in the Galleria area, seeks a full time immigration paralegal. Ideal candidate has a BA degree and a minimum of three years experience preparing employment-based and family-based cases. Please fax resume to: 972-386-9547 or email to:

Help Wanted: Immigration Paralegals
Ridgewood, NJ - Nachman & Associates, PC seeks Senior Immigration Paralegals and a U.S. Office Manager. For the Senior Immigration Paralegal position qualified candidates must have 3+ years of heavy business immigration experience. Senior Paralegal position requires direct client contact, strong communication skills, detail orientation, organizational skills, ability to meet deadlines, interpersonal skills, team-mindedness, customer service skills, PC skills, multi-tasking, and work under pressure. The U.S. Office Manager position will manage the paralegal staff and be responsible for running the U.S. offices. Candidate must possess 2+ yrs of management experience in a law firm and handle: employee orientation, vendors, compliance with firm policies, employee relations, organizing team meetings, and management of work flow and assignments, preparation of engagement letters, A/R and A/P, respond to clients, manage calendar of events. BA preferred. E-mail resume and salary requirement to specifying position in subject line. EOE.

Help Wanted: Immigration Professional
Secaucus, NJ - Ernst & Young LLP seeks Inbound Visa & Immigration Coordinator who will be responsible for the firm's J-1 exchange training program. This process includes reviewing and assessing all incoming requests, ensuring all participants meet Department of State requirements, processing visa forms and fees, ensuring all proper documents are collected in each file, monitor all J-1 cases from start to finish, updating SEVIS system on a weekly basis, follow-up with J-1 participants on work location changes and address changes. Coordinate H-1B, L-1, TN, E-3 and green cards processes with outside immigration counsel, counsel international business travelers on work permit/visa requirements, assist HR/Recruiting community that involves immigration sponsorship, and assess impact emerging legislation on our business. Bachelor's degree, equivalent work experience, 2+ years of business immigration experience, international exposure & cultural awareness a plus, experience working with government agencies, foreign embassies and outside counsel, knowledge of HR issues, strong verbal and written communication skills, organizational skills, attention to detail and sensitivity to timing, ability to work in a fast pace environment and support client-vendor relationships, good judgment and analytical skills. For more info and to apply online enter the job number 00IX6 here or email resume with cover letter to

Case Management Technology
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EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt or inventory included. To view pictures and an appraisal report, see here. To discuss further, contact Thomas Barnes at: or call 434-955-0595 (after 10 am EST). All inquiries will be kept confidential.


McCain's Delicate Immigration Dance
And the fact that an immigration hardliner like Tancredo plans to pull the lever for McCain suggests that the Republican immigration backlash he threatens may not materialize this fall.

Obama, McCain Campaign On Immigration Reform
In back-to-back appearances before 700 attendees at the National Association of Latino Elected and Appointed Officials conference, John McCain and Barack Obama both affirmed their commitment to immigration reform.


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
"Immigration and Integration in Urban Communities: Renegotiating the City" edited by Lisa M. Hanley , Blair A. Ruble, Allison M. Garland, The Johns Hopkins University Press, 336 pp. Hardcover, ISBN: 0801888417, $55.00


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:
Thank you for thought-provoking ID comment "Unclouded Future" (06/25/08 ID). While the Comment correctly points out that there will have to be sacrifices on all sides of the debate, I do not believe that paints an accurate picture of what those sacrifices will be. For instance, it states, "For legalization to happen, Family Based 4th preference will be abolished, and parents will likely be removed from the Immediate Relative classification." In the case of the former, the beneficiaries have been waiting for over a decade for their priority date to become current and would file lawsuits. In the case of the latter, it would prevent taxpaying American citizens from being able to be with their aging parents in their last years. The Comment further states that, "There is a good chance that...refugee numbers will not just be cut, but entirely stopped for many years." Refugee (and asylum) law is based on obligations that the United States and other nations have had under international law since shortly after the Second World War to not return people to countries in which they have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Finally, the Comment predicts that "Business is at the immigration table too, and it will be making plenty of sacrifices of its own." This prediction goes to the very heart of our nation's current immigration problems: businesses have a legitimate need for labor - skilled and unskilled alike - at wages that fit within the budgets of these businesses. Hence, the only thing that would be accomplished by forcing businesses to make further "sacrifices" under the law would be an increase in illegal immigration, because businesses will get the labor that they need - preferably legally, but if needed, illegally.

Josh Effron, Esq.

Dear Editor:
I advise the letters of Jim Roberts to stop being so paranoid/delusional. I am Mexican/American, born and raised in Tucson, AZ and I have never heard of the "Aztlan" movement until I read about it in his letters. No one I know has ever heard of this movement. Also, I have to say that despite ranting and raving of David Utterbeck's letters about the devastating effects of immigration to our country, it's still the greatest country on Earth!

Dale Castrillo

Dear Editor:
The letters of R. Algase and J. Fitzgerald (6/30/08 ID) continue the wild charges against prudent Patriots and restrictionists that the letters irrationally believe passes for intelligent debate which is also seen in the ID Comment: "Anti Semitism And Anti Immigration" (6/27/08 ID). It is irresponsible, excessive migration that is: "turning America into an ugly place to be". If the RA letter's clients are as benign as indicated, it is likely some would be included in a limited, selective policy. The JF letter may wish to re-read the Constitution Preamble to which it: "swore to support and defend" which says that it's purpose is to promote tranquility, defense, welfare and liberty "to ourselves and our Posterity", not to any or every foreigner who comes here or wishes to. The "Spiritual Plan" of Aztlan has such stated goals that: "The Chicanos must use their nationalism as the key...for mass mobilization", "It is not only our right but our obligation to struggle for our full and complete liberation by any means necessary" and "In the spirit of a new people that is conscious of... the brutal gringo invasion of our territories." The hate in this debate is entirely upon the separatists invaders and the apologists who ignore the threat to America while supporting mass entry. Not only the Preamble mentions the purpose of defense against such, but Article IV, Sec. 4 clarifies further: "The U.S. shall guarantee every State in this Union a Republican Form of Government, and shall protect each of them against Invasion...and against domestic violence". It is Defense (Enforcement) that is called for, not mass migration. The families of 25 Americans killed every day by illegals have a serious grievance against those who promote excessive entry, open borders and CIF amnesty.

Jim Roberts

Dear Editor:
Regarding the letter of Ben (06/30/08 ID): We're paying a fortune for everyone else in our doctor appointments and hospital services. Before a congressinal hearing this month, on a computer web video a hospital representative testified before Congress, that all the costs of illegals are wrapped into the bills of paying americans. Hospitals in the south have filed bankruptsy because of illegals costs. Our property taxes for public education pay for illegals children. Many illegals work for packing plants saving the owners medical insurance, adequate compensation to cover education costs and the american taxpayer, whom you're competing against must pay the tab. and likewise must charge a higher fee to cover your medical and educational costs. Thats not competing Check out the serious crime rate on the web and you'll see at the top of serious crime violations are Latino. I have met many former US businessmen abroad, that exiled themselves from the united states being run out of business by illegals. American businessmen are cutting out their employees because the unemployment insurance is too high to meet state requirements.How does that equate to the letter's statement that illegals have a postive influence on our economy. The only people that profit are the big businesses that profit by not paying your total costs of being in the u.s. If illegals were truly a positive influance, no one would object, but that is not the case. Any immigrant coming into the US legally, must have a sponsor sign for their care for three years until they become elibible for US citizenship. In the last two census Latino's are the highest legal immigrant to the US and so the charge that america is racist falls flat to the facts. The ground beef from packing plants costs us a hundred dollars a pound thru taxes.

David Utterback

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