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Immigration Daily

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Immigration Daily October 3, 2008
Previous Issues
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Immigration Daily featured the same Article "New Interpretations On Section 245(k)" by Cyrus D. Mehta in its October 2, 2008 and August 26, 2008 issues in error.

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


Family-Based Immigration: Nuts And Bolts

Our new book, Family-Based Immigration: Nuts & Bolts; Editor: Charles Wheeler of the Catholic Legal Immigration Network, Inc. (CLINIC) features:

++ Chapters: Immediate Relatives And The Preference System, Overview Of The Application Process For Permanent Residence, Adjustment Of Status, Consular Processing, Immigrating Through Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility, Affidavit Of Support, Self-Petitions For Abused Spouses And Children, & Ethics

++ 35 Appendices include: Sample Request For Criminal History, Documenting I-130 Petitions, Sample Motion To Reinstate I-130, Consular Processing Instruction Package, Consular Processing Appointment Package, Suggested Evidence Of Bona Fide Marriage, I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions), I-601 Waiver Packet Based On INA 212(i) (Fraud Or Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9) (B)(v) (Unlawful Presence), & I-212, Request For Permission To Reapply For Admission After Deportation

++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22 CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant statutory provisions, key BIA & Federal cases, selected USCIS memos, public health service documents, etc.

For more info on Family-Based Immigration: Nuts & Bolts, and to order, For the fax order form, see here.


Neufeld Memo Of USCIS On H1B/GC Under AC21
Sheela Murthy, et al., attorneys from the Murthy Law Firm write "... [I]t is clear that the entire issue of AC21 adjustment-of-status portability is a complex and evolving issue, with the standard being debated by the USCIS and the courts."

Immigrants Of The Day: Judge Alex Kozinsksi of Romania, James Naismith of Canada, and Guido Calabresi of Italy
Kevin R. Johnson celebrates the achievements of these immigrants.

To submit an Article for consideration, write to


Congress Passes Military Personnel Citizenship Processing Act
We carry the text of S.2840 which establishes a liaison with the FBI and the CIS to expedite naturalization applications filed by members of the Armed Forces and to establish a deadline for processing such applications.

USCIS Releases Hague Intercountry Adoption FAQs
USCIS released questions related to the new Hague intercountry adoption process and the orphan adoption process since the implementation of the Hague Adoption Convention on April 1, 2008.


Help Wanted: Immigration Attorney
Lincoln, NE- USCIS Office of Chief Counsel (OCC) seeks experienced attorney as Service Center Counsel at Nebraska Service Center. This is a full-time position. Provide legal advice to NSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess a JD degree, be an active member of the bar by entry on duty date. For more info, key in Job Announcement Number: COU-CIS-2008-0011 at Submit a resume, cover letter + writing sample to: W. Douglas Craig, Chief of the Service Center Counsel Division at Must be received by close of business Friday, October 10, 2008. Position is at the GS-13-GS-15 levels, open until filled. No relocation reimbursement available.

Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for its Refugee and Asylum Law Division. This is a full-time position. Provide legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, and CAT. Strong legal research and writing skills, and ability to complete assignments with short deadlines essential. For more info, key in Job Announcement Number: COU-CIS-2008-0010 at Submit a resume (or Optional Application for Federal Employment, OF-612) + cover letter discussing related work experience to: Ron Whitney, Refugee and Asylum Law Division Chief at Must be received by close of business Friday, October 3, 2008. Position is at the GS-13-GS-15 levels, open until filled. No relocation reimbursement available.

Help Wanted: Immigration Attorney
Metropolitan Washington, D.C. law firm seeks associate with 3+ years of experience in employment and family-based immigration law. Excellent salary/benefits. This is a blind ad posting. Qualified candidates, send resume to:

Help Wanted: Immigration Paralegal
Downtown Washington, D.C. - Boutique immigration firm seeks senior business immigration paralegal. Small, friendly environment with no billable hours requirements. Bachelor's degree required and 5 + years of business immigration experience preferred. Must be proficient in preparation of PERM cases, H-1B, L-1, O-1 and E-1/E-2 visas, I-140 EB-1, EB-2 and EB-3 petitions, adjustment applications and consular processing. Bilingual English/Spanish preferred, but must have excellent English writing skills. Must be comfortable with extensive client contact and have the ability to multitask effectively. Compensation commensurate with experience and skill level. Please send resume with cover letter and salary requirements to: No calls please.

Border And Consular Assistance
For visa application processing at US-Canada border or at US Consulate in Montreal, Toronto, Ottawa and/or Quebec, please contact Charles J. Leamy at Ogilvy Renault LLP. Mr. Leamy is a Montreal-based AILA member with more than 15 years experience in U.S. immigration law. Ogilvy Renault s Business Immigration team will accompany your client and provide representation at border/consular posts. We have wide-ranging expertise with border/consular issues including all TN visas, L visas and waiver of inadmissibility cases. For more information: Charles J. Leamy at Ogilvy Renault LLP; Montreal, QC; (514) 847-6103;

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.


Immigration And Energy Talks
The conservative answer to how to solve the illegal immigration problem is often stated simply: "Order on the border."

Immigration Case Judge Declines to Step Down
A federal judge has denied a motion asking her to remove herself from the case of a former Agriprocessors Inc. supervisor who is awaiting sentencing on immigration charges.

Undocumented Immigrants' Tuition Waiver Is Questioned
A North Texas legislator wants the state's top attorney to rule on the constitutionality of a law that allows undocumented immigrants to pay in-state tuition rates.

Restaurateur Raises A Voice Of Reason On Immigration Reform
His biggest fear as an employer, a small businessman and an American is that Congress will continue to avoid dealing with 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.

Honors And Awards
In September 2008, Immigration Lawyer Mira Mdivani was recognized as Best Of The Bar by the Kansas City Business Journal, for the fifth year in a row. Ms. Mdivani is Managing Partner with the Mdivani Law Firm, and she serves as Chair of the Immigration Law Committee of the Missouri Bar. She is the author of I-9 Self-Audits: Best Way to Avoid I-9 Disasters.


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:
Lately, with all the Immigration issues going on, Ive been thinking on the vast, huge, inmense territories the US took from Mexico but how about Mexico? Have we got something in return? or it was by other means that the USA adjudicated so much land? like a war? The USA has invaded Mexico at will at least two times in history, we have a tendency to forget that, but that is not the issue here. What if the USA begins to treat us Mexicans like friends? what if the Immigration benefits are increased upon us? what if the USA facilitates the Mexicans to come and work with far less retrictions? just for being Mexican, on the other hand, the USA needs labor, they are short-handed right now, and the deportations continue, and I think there is more damage than gain, it seems to be a lose-lose situation, you deport me you lose labor, there is no one there to do my job, I dont win, you dont win, lose-lose. This year thousands of millions of dollars were not remitted, US Companies lost money, production dropped, economy is collapsing and You dont let in cheap labor? Admit them legally and every one will be happy, many Mexicans dont mean to stay, they just want to work, make some money for their families and come back. It is the hard situation in Mexico that force them to leave, there is nothing in their small villages that they can live on, all they want is a job. How about the US begins to accept that labor is needed, and there is plenty right next door. This would a fine way to retribute at least in part what the USA took from Mexico dont you think?

Victor M Gomez LLanos
Mazatlan, Mexico

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