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Immigration Daily December 12, 2008
Previous Issues
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I9 Enforcement And CIR

A recent story in the Washington Post says that a cleaning firm used unauthorized workers to clean the home of DHS Secretary Chertoff. The owner of the business has been fined while several "workers moved after ICE agents showed up at their homes" according to the story. Under the soon-to-come Obama administration, we suspect that enforcement actions against employers will not just continue, but will even gather steam. However, ICE policies as to unauthorized employees are likely to be significantly changed. Instead of being put into detention and removal proceedings, it is entirely possible that the employees will just be released after questioning, while Congress crafts a strategy to deal with the nation's large undocumented workforce. This new administrative release policy will likely be instituted in light of the severe disruptions to families, frequently of mixed citizenship and documented status, caused by the harsh nature of recent ICE raids. We expect this new policy to be implemented swiftly, perhaps as soon as late January 2009.

The increased enforcement against employers, especially when joined with a more humane attitude toward undocumented employees, will likely create a new class of outraged proponents of CIR - businesses, small and large - across the country. Business has been split over CIR in the past - one segment favors legalization of currently undocumented employees, another segment favors increased future legal importation of essential workers. Increased I9 enforcement may tip the scales toward legalization and against those who seek increased future worker flows. This is especially important in light of the fact that the incoming Congress will likely be the most labor-friendly one in several decades, and may look coolly upon guest worker programs, while being favorably disposed toward legalization. The CIR ideas likely to be drafted into bills in the coming days and weeks (not months) will perhaps be the most labor-friendly, and by extension employer-unfriendly, that Congresses in recent memory have considered.

Recent press reports have indicated that CIR is everything from imminent, given the institution of a working group in the Obama transition team, to unlikely, given the economic crisis. We believe that the determining factor in enacting CIR (and its timing) will be Congress, and not the new administration (we will survey the Congressional scene for our readers in the coming days). In some shape or form, CIR is coming, and perhaps sooner than most think. Stay tuned.

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


Latest In Adjustment Of Status

ILW.COM is pleased to announce a new 3-part telephone seminar series "Latest In Adjustment Of Status" with discussion leader Christina LaBrie and featuring distinguished practitioners as speakers - Nadeen Aljijakli, Daniel Horne, Barbara Wong, and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on December 22: I-485 RFEs and Adjudication - Hot Topics

  • Medical exams
  • Maintenance of status - why the G-325A is so important
  • Bona fide marriage for employment-based applicants
  • AC21 portability
  • Proving lawful entry
  • NSEERS issues
  • Renewing I-485s in immigration court
SECOND Phone Session on January 15: Adjustment of Status Interviews - Be Prepared!
  • Documents to bring
  • How to prepare your clients
  • How to prepare for employment-based AOS interviews
  • How to deal with a difficult officer
  • Protecting your clients' rights
  • Dealing with criminal issues
  • Special cases - VAWA, SIJ, HIV waivers
THIRD Phone Session on February 5: Lawful Permanent Residence - Rules and Responsibilities
  • Responsibilities and possible penalties
  • Reentry permits
  • Abandonment of LPR status
  • Tax issues
  • Responsibilities of I-864 sponsors
  • Special cases - Asylee/Refugee LPRs
  • Looking forward to naturalization
The deadline to sign up is Friday, December 19th. For more info, including speaker bios, detailed curriculum, and registration information, please see: shtm. Fax version: df.


Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group shares the latest entries as of December 12, 2008 on his nurse immigration blog.

Immigrants Of The Day: Peter Max of Germany, Yvonne De Carlo (Lily Munster) of Canada, and JuJu Chang of South Korea
Kevin R. Johnson celebrates the achievements of these immigrants.

To submit an Article for consideration, write to


DOJ Publishes Final Rule On DNA Collection From Detainees
DOJ published a final rule directing federal agencies to collect DNA samples from individuals who are arrested, facing charges, or convicted, and from non-United States persons who are detained under the authority of the U.S. subject to certain limitations and exceptions.

USCIS Publishes FAQs On Immigration Information For Military
USCIS published a list of answers to frequently asked questions by members of the U.S. Armed Forces and their family stationed in the United States and abroad.

USCIS Publishes FAQs On Family Members of U Visa Beneficiaries
USCIS published faqs on an interim final rule amending regulations to allow T and U nonimmigrants to obtain lawful permanent residence..


Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks experienced attorneys with 3+ years demonstrated experience in immigration law for the Adjudications Law Division (ALD). The attorneys will serve as advisors to the Chief of the ALD, the Chief Counsel, and to USCIS and other Departmental components on issues relating to U.S. immigration laws. Applicants must possess a JD degree, be an active member of the bar (any jurisdiction), and have 3+ years of post-J.D. experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2008-0013 at Submit a resume, cover letter + (2) writing samples to: Claudia Salem, Acting Chief, Adjudications Law Division at Please make sure to note in email subject header that you are applying for the Experienced Attorney Position, ALD, at USCIS. Must be received by 5pm, ET, Friday, December 19, 2008. Position is at the GS-13-GS-15 levels. This job is being filled by an alternative hiring process and is not in the competitive civil service. No relocation reimbursement available.

Help Wanted: Immigration Attorney
Rockville, MD - Shulman, Rogers, Gandal, Pordy & Ecker, P.A., the largest suburban MD law firm, seeks a proactive, result-oriented immigration associate with 3+ years of attorney experience in immigration law including employment-Based IV (including EB-1, EB-2, EB-3), and NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1, TN), family-Based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. Position includes supervision of paralegal and administrative staff. If you have excellent academic credentials and strong drafting skills, you will find an exciting, diverse practice with opportunity for further career development. We offer an excellent salary/benefits package. Work with an experienced team of professionals who are passionate about the practice of immigration law in a fast paced, collegial setting with all the resources of a large law firm. Submit resume to: Ms. Maura Bowen, 11921 Rockville Pike, Third Floor, Rockville, MD 20852-2743, Fax (301) 230-2891, e-mail:

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, ImmigrationTracker is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email

Credential Evaluation
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Protest Calls For Immigration Reform
Leaders of local business and community groups called for immigration reform Wednesday in front of the U.S. Immigration and Customs Enforcement facility in Camarillo.

Immigration Reform Letters Delivered To Officials
As groups around the world celebrated International Human Rights Day on Wednesday, one El Paso organization used the day to push local lawmakers to come up with comprehensive immigration reform.

Pressure Is Squarely On Democrats To Perform
In one month, Democrats will open Congress with commanding majorities in the House and Senate.

President-elect Obama's Transition Immigration Policy Team Co-leader Mariano-Florentino 'Tino' Cuellar Gives Exclusive Interview
We are excited to present the insight of Professor Cuellar to our viewers and look forward to sharing future milestones that affect the Latino community through our programming, said Luis J. Echarte, Chairman of Azteca America Network and Fundacion Azteca America.


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
Cohen & Grigsby, a business law firm with offices in Pittsburgh, PA; Bonita Springs, FL; and Naples, FL, is pleased to announce that eight of its attorneys were honored on the 2008 Pennsylvania Rising Stars list, which features top young attorneys in the state. website:


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:
Without offering the slightest evidence that the Constitution intended to distinguish between "citizen" and "natural born citizen", Mario Apuzzo's letter (12/11/08 ID) questioning Barack Obama's eligibility to be president, merely because his father held Kenyan citizenship, is just as frivolous as the lawsuit that the US Supreme Court has just rejected. The Dred Scott decision, which ruled that black people could not be American citizens, was decided in 1857. It is now 2008. Mr. Apuzzo's letter is more in keeping with the spirit (though, of course, not the reasoning) of Dred Scott than it is with the spirit of the 21st Century. To anyone who questions whether someone born in America with African ancestry is qualified to be president, my advice, with all due respect, is: get over it.

Roger Algase, Esq.
New York, NY

Dear Editor:
In reference to Mario Apuzzo's, Esq. letter (12/11/08 ID)referencing "natural born citizen" I just want to say: put it to rest. President elect Obama appears to be more of a 'natural born citizen' born in Hawaii (a State) than Sen. McCain who was born in Panama (a foreign counry). By the way-he lost the election fair and square. Now I have hope for my son to run for the highest office since he was born in a foreign country and the ruling was that Sen. McCain is considered a 'natural born citizen'.

Victor Johnston

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