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Immigration Daily

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Immigration Daily August 26, 2008
Previous Issues
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Government Fiscal Year End Orders

Our government readers may want to act before the end of this fiscal year to place orders for ILW.COM products. See here: for a short brochure of all our books. See here: for a long brochure of all our books.

Of special interest to our government readers are the Statute and the Regs compiled by P J Patel. These are uptodate, have the best index on the market, and have the best reputation among users of the Statute and the Regs since 1986. We are pleased to announce that these essential books are now available at the best price ever (special offer valid while supplies last). The essential reference resource "The WHOLE Act, The INA (Annotated), 2008-2009 Edition" is used by DHS officials, federal court libraries, and many veteran immigration practitioners. Once you have used this version of the INA, you will wonder why you ever used any other! Also available under the special offer are the fully indexed 8 CFR, 2008-2009 Edition and fully indexed 20/22/28 CFR, 2008-2009 Edition. While supplies last, the best quality immigration law reference books are now available at the cheapest price on the market - $189 for all three books (shipping and handling included!).

We are CCR registered and ORCA registered. All our prices including shipping and handling, and all applicable taxes. Queries on bulk discounts should be sent by email to

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


Deadline Is Tues., Aug. 26 For Family Matters - Hot Issues In Family Immigration

ILW.COM is pleased to announce a new 3-part seminar series "Family Matters - Hot Issues In Family Immigration". Speakers for this seminar include: Angie Junck, Katherine Brady, Romulo Guevara, Joren Lyons, Joseph Reina, Debbie Smith, Charles Wheeler, and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on August 28: Obtaining Permanent Residence in Spite of a Conviction

  • Effect of aggravated felony conviction
  • What is a crime involving moral turpitude
  • What is the petty offense exception
  • Obtaining a 212(h) waiver
  • Effect of expungement, vacation of judgment
  • Drug convictions and delinquency dispositions
SECOND Phone Session on September 18: How to Get Around the Grounds of Inadmissibility and Prepare a Winning Waiver of Inadmissibility in Family Immigration Cases
  • Common Grounds of Inadmissibility & Waivers
    1. Misrepresentation
    2. Document Fraud
    3. False Claims to U.S. Citizenship
    4. Unlawful Voting
    5. Inadmissible at Time of Admission
    6. Smuggling
    7. Unlawful Presence
    8. 212(a)(9)(C)
    9. Reinstatement of Removal
  • What is Extreme Hardship?
  • Hardship Factors - Framework for Approaching Your Case
    1. Family Separation
    2. Hardship to Children
    3. Medical Conditions
    4. Bringing in hardship to non-statutory relatives
    5. Conditions in Home Country
    6. Community Ties
    7. Adding it up
    8. Documenting Your Case
THIRD Phone Session on October 2: Affidavits of Support
  • Documentation requirements
  • USC sponsors not residing in the U.S.
  • Household members
  • Calculating assets
  • Joint sponsors and requirements
  • Enforcement issues-use of affidavit of support in family support cases
The deadline to sign up is Tuesday, August 26th. For more info, including speaker bios, detailed curriculum, and registration information, please see: . (Fax version:


New Interpretations On Section 245(k)
Cyrus D. Mehta writes "Section 245(k) of the INA is a great boon for aliens who are applicants for adjustment of status to permanent residence (Form I-485), but have violated their status for less than 180 or less days from their last lawful admission."

The Moral Aspect Of The Protective Tariff
David Starr Jordan for the Foundation for Economic Education writes "The fundamental idea in American polity is that of a square deal to all men, each standing on his own feet, with exclusive privileges or governmental aid to no man and to no class of men."

To submit an Article for consideration, write to


DOJ Immigration Litigation Bulletin: April 2007
We carry The Department of Justice Office of Immigration Litigation's April issue of its publication, Immigration Litigation Bulletin.


Help Wanted: Immigration Attorney
Multiple locations - Williams Mullen seeks business immigration mid-level associate to join our ten-member global visa practice. Successful candidate will advise on strategic choices and manage client relations in all immigration areas. Prepare and review NIV, IV filings; handle RFEs; and prepare updates for client newsletters and email alerts. Associate will assist with immigration compliance issues (I-9s, E-Verify, etc.) and will have heavy involvement with PERM filings, EB-1/NIW petitions and foreign work visa applications. Successful candidate will work on in-bound and out-bound projects. Requirements include superb communication, analytical skills, judgment and writing abilities. Our firm is equipped with state-of-the art, web-based software and ample paralegal capacity, which enables our associate to take on meaningful and challenging assignments. Moderate amount of portable business required, as well as proven ability to market and develop business and client contacts. For full details, including job locations, see here. Highly competitive salary + benefits offered. Qualified applicants, send resume to: EOE.

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.

Credential Evaluation
Do not order a foreign credential evaluation until you read this. Career Consulting International, offers credential evaluation of your non-US degree. Fast service at low prices. Mention Immigration Daily to receive 3-day rush service at no extra cost (reg. price $70, rush service $70 = savings of $70). H1B and I-140 specialists. Evaluations of 4 year degrees (72hr. rush service) only $70.00. Also 3 year degrees combined with PGD, second degrees, or work experience. Pay online. Toll-free fax/phone numbers. Our clients say it better than we do: "I don't know what to say but you changed my life. In a place that others failed you came and with your evaluation... I just got approved to my I-140." "I'd like to thank you for your services in evaluating my educational documents. You helped me in a difficult situation and through extensive research you were able to get results that other, "bigger" agencies were unable to achieve". Click here to see more testimonials. Free consultation. Call today toll free: 1.800.771.4723


Museums Aim To Stir Debate On Modern Immigration
But now, the National Park Service's Ellis Island museum and other institutions across the country want to do more than re-create the immigrant experience of the past.

Dems See Immigration As Key To Some Battlegrounds
Democrats believe that Hispanic voters will play a pivotal role in battleground states such as Colorado, Florida, Nevada and New Mexico, which President Bush won in 2004 in part because of a stronger-than-expected performance among Hispanic voters.

U.S. Agency Silent On Raid
The recent immigration raid at Mills Manufacturing Corp. was part of stepped up enforcement by Immigration and Customs Enforcement, although the agency won't say why it targeted the Asheville company.

Registry Plan For Foreign Travelers Catches Flak
Aviation and business leaders are assailing a Homeland Security plan that would require millions of visitors each year to register online at least three days before flying to the USA.


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.

Honors And Awards
Paparelli & Partners LLP is pleased to announce that Angelo Paparelli was named the world's most highly nominated lawyer for corporate immigration work according to the prestigious International Who's Who of Corporate Immigration Lawyers for 2008. In addition, he received a band #1 ranking in California as an individual immigration lawyer, the highest tier recognized by Chambers USA.


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:
Jim Roberts' letter (08/25/ID) praises president Calvin Coolidge for his 1923 speech supposedly welcoming all immigrants to the US who believed in being "American". However, the following year, President Coolidge signed one of the most racially restrictive immigration laws in US history, the Immigration Act of 1924. This law drastically cut immigration quotas for immigrants from Southern and Eastern Europe, while maintaining generous quotas for immigrants from "Anglo-Saxon", or "Nordic" countries. The following is a list of just a few of the ethnic groups or "nationalities" who were virtually excluded by that law as "unfit" to be American: Italians, Jews, Poles, Czechs,Slovaks, Hungarians, Greeks, Armenians, Bulgarians, Romanians, Albanians, Russians, Serbs, Croats, Lithuanians, Estonians, Latvians, Ukrainians, Arabs, Persians, Turks, Afghans, South Asians, and Africans. I have left out Chinese, Japanese, Koreans, Filipinos, and other East and Southeast Asians, because they were already excluded by previous legislation. This law tells us a good deal about what President Coolidge really meant by the term "American". By praising Coolidge, Mr. Roberts' letter also reveals its own bigoted and narrow view of what America means and who is supposedly fit to live here. Mr. Roberts' letters are entitled to their prejudices. But it is a disservice to ID readers to distort or try to rewrite history on order to pretend that a particular US president, or era, was free from racial bigotry when the opposite was so clearly the case.

Roger Algase, Esq.
New York, NY

Dear Editor:
Three comments in regard to Jim Roberts' letter's recent invocations of Calvin Coolidge (08/25/08 ID). First, and not to draw any parallel between Coolidge and fascism, this is the same letter writer who has also invoked The Protocols of the Learned Elders of Zion. Second, most Americans' beliefs about immigration are based on factors more recent and relevant than a 1923 Coolidge speech. Third, Mr. Roberts's letters need to distinguish between "principals" and "principles." They are not synonymous.

Sid Lachter, Esq.

Dear Editor:
As a paralegal and one of the parties referred to in Joel Stewart's PERM blog (08/20/08 ID) concerning the DOL's proposal to centralize prevailing wage determinations and eliminate the SWA involvement in this process, I wish to first agree completely that DOL is acting "extra statutorily" in attempting to enact this change, much like it has done in the past (see 08/22/08 ID comment). Michelle Skole, my colleague, both at the PERM teleconference and as a veteran of the Labor Department, was right on target when she recognized that DOL was burying the change in the proposed H-2B amendments. A major proposal such as changing the way prevailing wages are handled should have been covered in a separate NPRM, clearly addressed to Labor Certification practitioners and interested parties. Michelle and I may disagree on whether centralization of the wage determinations would prove to be a good or bad thing, but we both agree that Labor is handling the manner of making this proposal badly. In my view, Labor has always wanted to flex its muscles and widen its area of control. They frequently act as if they don't understand the world around them but want to rule it. Consider the monster that Labor Certification has become. Apparently, it is the nature of the beast. I, for one, hope that the day is coming when someone will tame them.

Dave Lazaar

Dear Editor:
May I add here to let us know the administrative processing issuing in Immigration Daily. This will going to help a lot of members. What developments have been taken so far to gear up backlog of admin processing cases. My case is under admin issues from the last 19 months. Sure security check of several level must be required before issuing an immigration visa. But it must have a time limit. A year or 18 months time is enough to decide a case. If a case takes more time it is going to frustrate a person just for nothing. I would suggest you to focas on admin processing issues that varies in counslor processing cases rparticularily for asian counties, it takes very very long to decide a case.


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 1995-2008 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

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