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Immigration Daily

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Immigration Daily January 16, 2009
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We welcome readers to share their opinion and ideas with us by writing to


US Tax Compliance For Immigrants And Employers: The Lawyer's Complete Guide

ILW.COM is pleased to announce a new book on tax compliance for immigrants and employers authored by noted authority Paula Singer. The outline is as follows:

  • International Aspects of Individual U.S. Tax Returns
  • A Guide for Filing IRS Forms 1042 and 1042-S
  • L-1 Intracompany Transferees on U.S. Assignment
  • J-1 Nonstudent Exchange Visitors Performing U.S. Services
  • U.S. Taxation of H-1B Specialty Workers
  • U.S. Taxation of B-1 Business Visitors
  • U.S. Taxation of Foreign Students
  • Tax Treaty Benefits for Foreign Nationals Performing U.S. Services
  • What You Need to Know About Exchange Visitors
For more info, including how to place a pre-publication order, please see: For info/ordering by fax, please see:


Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group shares the latest entries as of January 13, 2009 on his immigration law and policy blog.

Immigrants Of The Day: John Muir of Scotland, Sonja Henie of Norway, and Patrick Ewing of Jamaica
Kevin R. Johnson celebrates the achievements of these immigrants.

De-Romanticizing Our Immigrant Past: Why Claiming "My Family Came Legally" Is Often A Myth
Angela Kelley for the Immigration Policy Center writes "Whether one immigrated "legally" or "illegally" depends on the laws in effect at the time."

To submit an Article for consideration, write to


EOIR Issues Latest Disciplinary Actions
The Executive Office for Immigration Reform released the latest disciplinary actions: nine attorneys were immediately suspended; three received final orders; two were reinstated.

DOS Says DV Lottery Is Now Completely Online
The Department of State promulgated an interim final rule, effective January 15, 2009, changing the standard mail-in system previously used to an entirely electronic system for the purpose of making the process less prone to fraud, improve efficiency and significantly reduce the processing costs to the Government.

DHS Announces New Visa Waiver Program For Guam
DHS announced that the current Guam Visa Waiver Program has been replaced with a new Visa Waiver Program for Guam and the Commonwealth of the Northern Mariana Islands (CNMI).


Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP seeks an experienced paralegal to assist in case management and preparation of a wide range of employment-based immigrant and non-immigrant petitions, PERM applications and Adjustment of Status applications. Stinson Morrison Hecker LLP is one of the nation's largest law firms, with 335 attorneys in eight offices with experience in more than 45 practice areas, and represents clients in a full range of corporate, transaction and litigation matters. Please send resume with salary requirement to Lisa K Lange at:

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.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner:


Local Residents Indicted In Immigration Fraud Scheme
Two people from Lee County have been named in a federal indictment related to an immigration fraud scheme.

Napolitano To Face Immigration Questions
During her Senate confirmation hearing today to lead the Department of Homeland Security, Arizona Gov. Janet Napolitano will likely face criticism that she has been lax on immigration enforcement.

Dollar Signs Drive Immigration Plan
Even if the state had money to pay for the continued incarceration of illegal aliens, it shouldnt.

Check Immigration Status Of Everyone Involved With Police
For more than a decade, Montgomery County has been a shining light on the hill to the illegal immigration community.


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 - University Park, PA
We invite you to attend 'Immigration in a New Administration', an immigration symposium sponsored by the Pennsylvania State University and Dickinson School of Law's Center for Immigrants' Rights. 9:00 a.m.4:15 p.m., Friday, January 30, 2009, Auditorium, Lewis Katz Building, Pennsylvania State University, University Park Campus, University Park, PA. Registration: Contact: The Center for Immigrants' Rights, 814-865-3823,


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:
Re: Matt 19:6 comments by Jim Roberts 1/14/09. This verse was referring to the social institution of Marriage which was created by God and is the cornerstone of our society. Jesus's answer in this verse in Matthew refers to the ordination of God of this institution and reminds the questioners that Gods law is not to be subverted by mans laws or interpretations. "what God has put together let no man separate". Since God created the Heavens, the earth, Adam and Eve and the institution of Marriage long long before "entry policy" existed. Congress is morally and Consitutionally wrong where Immigration Law violates the sanctity of marriage by creating administrative barriers to US Citizen husbands and wives (and thier progeny) living together in the same country. The 3,10, and permanent bars that affect married US Citizens spouses in mixed status marriages are an attack on Gods institution. Regardless of your Religious belief these laws also go against common sense and natural law as well. For example if Congress came up with a law against gravity it would not keep things from falling to the ground it would only make it "illegal for things to fall to the ground". Similarly a law against mixed status married couples living in the US together is going to results in these couples doing the natural thing and it being "illegal". So now we have married couples where the US Citizen spouse is "harbouring a fugitive" if they remain in their home country with an undocumented spouse. Its illogical and insane on the face of it. There is no getting around this "entry policy" is bad policy and again serves no state interest.

Sergi Sheplov [Esq. removed Ed. 1/16/09]

Dear Editor:
Here is my wish for the letters to the Editor section. I would like to see personal attacks, rather than attacks on ideas eliminated in ID's Letters to the Editor stopped, as they serve no useful purpose.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
While my letters have been highly critical of Mario Apuzzo's letters because of their stubborn and irrational refusal to follow the plain words of the 14th Amendment to the US Constitution, which clearly makes everyone born in the US a citizen by birth and therefore the same as a "natural born citizen" who is eligible to be president within the meaning of Article 2, Mr. Apuzzo's letters are models of reason and clarity compared to those of Jim Roberts, especially judging by Mr. Roberts' latest letter (ID 1/15). At least Mr. Apuzzo's letters attempt to make statements that might almost superficially resemble Constitutional arguments until one actually examines them. However, Mr. Roberts' letters contain nothing but name calling against anyone who says something favorable about immigrants or their supporters. The difference between their letters is that those of Mr. Apuzzo twist and distort legal thinking, while those of Mr. Roberts have no substance at all except the type of invective with which readers of his ID letters are all too familiar.

Roger Algase, Esq.
New York, NY

Dear Editor:
Regarding Sid Lachter, Esq.'s 1/15/09 letter, the naysayers do not need "professional help." What Obama has publicly produced to date is not a birth certificate. If Hawaii Homeland Security requires the original birth certificate to prove that one is a "native" Hawaiian, then why cannot concerned Americans require that Obama also produce his original birth certificate to prove he is a "native" American? After all, did not McCain produce his birth certificate when requested? Obama, who wants to be President, has allowed privacy laws to trump the Constitution and has thereby frustrated the American peoples ability to properly vet him. No court has yet to rule on the underlying merits of any of the eligibility challenges, for courts have not been willing to hear those cases because of standing. Hence, our nation still does not know if there is any merit to any of the dismissed eligibility cases and those that are still pending. For obvious reasons, no reasonable and informed person would expect either Republican John McCain or Socialist Roger Calero and their respective parties to challenge Obama's eligibility, for the former was born in Panama and the latter in Nicaragua. Concerning Roger Algase, Esq.'s 1/15/09 ID letter, it classifies all those who question Obama as racists. Mr. Algase's letter indicates a failure to understand that we are a Constitutional Republic and that it is the Constitution that should drive Mr. Obama and not vice versa and that the color of Obama's skin is simply irrelevant in that regard. The two simple questions are where was Obama born? and is he an Article II "natural born Citizen?"

Mario Apuzzo, Esq.
Jamesburg, NJ

Dear Editor:
I am not anti white nor a racist just because I am writing the truth and common sense. While many so called "Christian" conservatives always preach on us with "holier than thou" attitudes about "sanctity of marriage" to discriminate same sex couple rights to get married and making lifetime vow and mutual commitments, yet they applaud harsh and inhumane immigration laws to justify deportation of loving spouses of legal US residents or citizens just because they violate immigration laws or had violated ones in the past. Families got separated for years even for life, is it called as supporting family values and sanctity of marriage then ? Be them whites, blacks, yellows or greens human beings, if ones think others have less human rights to survive and look for better opportunities on this planet just because some whiny losers that don't want any new competitors in the neighborhood, they're the ones that should be called as selfish and racists. I am getting tired of ones that bring Bible verses to justify their ignorance about universal God given human rights, please remember that Joseph, Mary, baby Jesus, Jacob and the ancient Israelis even Abraham were once immigrants and refugees as well on others' homelands. Don't forget the Pilgrims, including Mr. Roberts' own ancestors from Europe. Would any Christians here call them illegal immigrants and be deported as soon as possible?

Robert Yang

Dear Editor:
The "logic" in the letter of R. Algase (1/15/09 ID) in an attempt to give BO a free pass on his qualifications is about as impressive as: Some dogs have spots. My dog has spots, Therefore, my dog is some dog. (The original used a color such as black. brown or white, but I didn't want to be accused of racist). The letter ignored the critical part of the 14th Amd. which limits birthright citizenship to those: "subject to the jurisdiction thereof". Such births of visitors or ambassadors were not intended to be considered citizens. The letter seems unawares, that BO's birthplace is a major controversy. The Kenyan ambassador as well as BO's mother and other family members have said he was born in Kenya. He attended school in Indonesia when only citizens were able to do so. Obama has steadfastly refused to release his original birth certificate and has shown the willingness to spend a large amount of money on legal fees (hiring 3 law firms to address this issue) while enduring increasingly bad publicity by refusing to release it or any hospital records associated with a birth in the state of Hawaii. The certification of live birth is essentially worthless as any sort of proof that Obama was born in the U.S. and does not prove natural-born status. Yet that document is the only evidence that Barack Obama has so far produced that he is in fact eligible. Better to find out the truth now than later which would bring into question the legality of any action taken as President. Racebaiters have long yelled about being judged by character content and not by skin color. Turns out, that was just a useful sound byte, and they would prefer not to be judged at all, just given free passes as in CIR.

Jim Roberts

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