ILW.COM - the immigration portal Immigration Daily

Home Page

Advanced search

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW


Chinese Immig. Daily


Connect to us

Make us Homepage


Immigration Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily January 9, 2009
Previous Issues
The unmatched news resource for legal professionals. Free! Join 17,000+ readers


Top Links December 2008

We feature the most accessed links by our readers in December 2008 below:

Top five December Immigration Daily Articles

Top five December Immigration Daily Items

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


Crimes And Immigration: A Definitive Manual For Winning Cases

The following is the table of contents for this book which is now being shipped:

  • Chapter 1: Evaluating A Criminal Case For Immigration Purposes
  • Chapter 2: Criminal Grounds Of Inadmissibility And Waivers
  • Chapter 3: Criminal Grounds Of Deportability
  • Chapter 4: Good Moral Character
  • Chapter 5: Detention And Removal Of Noncitizens Charged With Criminal Grounds Of Inadmissibility Or Deportability
  • Chapter 6: Applications For Relief From Removal For Criminal Aliens In Removal Proceedings
  • Chapter 7: Working With Criminal Defense Counsel And The Criminal Courts On The Structure And Amelioration Of Convictions
  • Chapter 8: Judicial Review
  • CD-ROM: Over 700 Critical Documents - Significant statutory provisions of 8 USC, 18 USC, and other public laws, Relevant regulatory sections and forms from USCIS and EOIR, Key BIA and Federal Court cases, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Demographic, Drucker, And The Entrepreneurial Society
Richard T. Herman, Esq. writes "This force of foreign-born talent and entrepreneurship is an opportunity for cities and states that embrace this change."

Immigrants Of The Day: Bruno Bettelheim of Austria, Victoria Tennant of United Kingdom, and Michele Bohbot of Morocco
Kevin R. Johnson celebrates the achievements of these immigrants.

Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group shares the latest entries as of December 23, 2008 on his immigration law and policy blog.

To submit an Article for consideration, write to


USCIS Announces H-2B Cap Is Reached
USCIS announced that the H-2B cap season for FY 2009 closed as of January 7th.

USCIS TPS Reminder For Eligible Honduras, Nicaragua and El Salvadoran Nationals
USCIS reminds its customers that the re-registration period for Temporary Protected Status (TPS) for nationals of Honduras, Nicaragua, and El Salvador ended Dec. 30, 2008.

CIS Ombudsman Update On CSPA
CIS Ombudsman's Office provided an update on the Child Status Protection Act.


Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeks mature and responsible senior business immigration paralegal with 4+ years experience in business immigration cases, including NIV (H-1B, E, L, J, and O) and IV (including EB-1 and EB-2) and PERM. Must be capable of independent work, including legal research, intensive client contact and drafting responses to complex RFEs and NOIDs. Bilingual Spanish/English speaker preferred. Must have bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Salary commensurate with experience. Please email resume, references and writing sample to No calls please.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


We Can Stem Shortage
The nation's nursing shortage is a "threat to the quality of patient care," according to a report by Homeland Security's Citizenship and Immigration Services ombudsman.

Illegal Immigration: The GOP's Elephant (In The Room)
That would indicate the issue of the never-ending invasion of our borders will be ignored (on a bipartisan basis) in the near future, just as it was in the recent presidential campaign.

Immigration Reform Advocates Want Obama's Attention
Advocates for immigration reform announced Wednesday they're planning a big march and rally in San Jose for the day after Inauguration Day.

Immigration Still Plagues U.S.
If you think the bad economy has "solved" America's immigration problems, welcome to a reality check.


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 - Washington, DC
January 14, 2009- The Constitution Project and Georgetown University Law Center are pleased to announce a discussion on the Constitution Project's newly released report, The Use and Abuse of Immigration Authority as a Counterterrorism Tool. Lunch at 12:00 pm; Discussion from 12:15 - 2:00 pm, Georgetown University Law Center, 600 New Jersey Avenue NW, McDonough Hall, Room 164, Washington, DC 20001. To register, email with your name, the number of attendees, and the event name. Box lunch provided. There is no charge to attend. Copies of the report will be available at event.


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:
Sergi Sheplov's excellent letter to the Editor on Obama's citizenship is brilliantly written and consistently correct, except for one point (1/8/09 ID). Unfortunately, in medical billing cases, tax law and several other areas under the thumb of heavy federal regulation, it is the burden of a citizen to prove his innocence. As a point of principle I agree that it should not be, but it is. That said, the results those Mr. Sheplov's letter predicts, "Thats why this Immigration Haters attitude is so scarey. If we give pencil pushers at DHS, Justice and State the freedom to incarcerate and strip a citizen of his birthright which are the rights to due process we create a nightmare." are generalizable across those other fields of law as well. Perversely, limiting the number of things one must prove to simple production of a national biometric ID card, or various state ID cards that meet a verifiable national standard, would on balance place the burden of proof back on government in broad areas of our lives, and help clean up voting and immigration arguments besides. Returning to the "natural born" citizen argument, Obama was born in the US, but even if he wasn't, he was born to an American and, at the time our forefathers (I may not be related to them but America has allowed me to claim their political inheritance) adopted our Constitution, that meant he was a natural born citizen, just like John McCain was despite being born in the canal zone. Jus sanguinis, literally the law of blood, is not generally accounted a controversial principle and certainly was not in the day. It may be controversial in post-revolutionary France (and that postdated the U.S. Constitution), but even most nativists were, until recently, arguing that jus solis (citizenship by virtue of being born on American soil, literally the law of soil), not jus sanguinis was the problem.

Honza Prchal, Esq.

Dear Editor:
Does anyone know whatever has happened to the US Department of Labor's PERM program? Currently, 5-6 months of waiting for any decision appears to be normal, no e-mails get responded to, no approvals, no denials. Looks like they got shut down. Did they?

Tampa, FL

Dear Editor:
Mario Apuzzo's letter (01/08/09 ID) states that a natural born citizen "means a child born on U.S. soil (or its equivalent) to two U.S. citizen parents (either citizens by birth or naturalized)." I would like to know the basis for this interpretation. I would also like to know what that makes me- a person born in the United States to parents who were not U.S. Citizens at the time of my birth. Does this mean that I would not be eligible to become President of the United States because I'm "just" a national of the U.S. who was born and has spent her whole life here (I have evidence, in addition to by Certificate of Live Birth, that I was born here). And, if I am not eligible because, according to Mr. Apuzzo's letter's interpretation I do not have USC parents, how about my son who is now a second generation American. He was born to one USC parent and one LPR parent. Does that mean that he too cannot become President of the U.S.?

New York, NY

Dear Editor:
thanks to Mario Apuzzo for his informative letter to the Editor concerning the subject of the legality of our President to be, Barack Obama. As a natural born citizen of this great country, I am, as many Americans, concerned that My President follow the law and Constitution. I don't want my President to be from the "Moon",and it is very material to me who my President is. Also,has it ever been considered that Obama was Adopted by Lolo Soetoro and lived and schooled in Indonesia under the name of Barry Soetoro? How did He get back to the name of Barack Obama? i assume He was "unadopted"? Do we have dual citizenship? I have personally just reached the conclusion our Presidency has been outsourced.

Cherry Hill, NJ

Dear Editor:
I am convinced the vast majority of the American people don't care whether Mr. President-elect was, in fact, born on Hawaii, Kenya, or on the moon, for that matter. As long as he does his job as promised, who cares? Opponents will keep howling about the law(s), etc. The "American, natural-born president" law was enacted hundreds of years ago for a particular, strictly political reason that may have made sense at the time. The very same goes for the electoral college and a couple of other ideas that were meant to prevent dangerous idiots from taking the highest offices of the land. Again, let's focus on the future of the country that is literally falling apart and let's leave Mr. President-elect's birth certificate alone. Don't we all have any real problems?


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