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Immigration Daily

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Immigration Daily January 27, 2009
Previous Issues
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Keeping Cash Flow reports "The nationwide economic downturn has brought many businesses (and individuals) to their knees, drained the financial resources of others and, as a result, caused more clients to fall behind on paying legal bills." For the full story, see here.

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


Deadline Is Jan 27th For Employer Sanctions For Experts

ILW.COM is pleased to present a new 3-part telephone seminar "Employer Sanctions For Experts" with speakers: Angelo Paparelli, Bonnie Gibson, Douglas D. Hauer, John Quill, Batya Schwartz Ehrens and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on January 28: E-Verify Update

++Strategic Considerations for Federal Contractors and Subs
++Does mandatory E-Verify violate IIRIRA and other laws?
++Compliance strategies for Multi-State Employers
++USCIS Ombudsman's E-Verify Recommendations
++Successor-in-interest E-Verify problems in mergers, acquisitions and corporate reorganizations.
++E-Verify issues for STEM students and traveling Adjustment of Status applicants
++Dealing with TNCs (Tentative Non-Confirmations)

SECOND Phone Session on February 25: I-9 Update

++Key Changes in the New I-9 Form and New DHS Regulation
++E-Verify Mandates That Change the I-9 Process
++Paper-Based versus Electronic I-9s - Pros and Cons
++Employer Self-Audits and Attorney Audits - Practical and Legal Concerns
++Employer Compliance Policies and Raid-Readiness Precautions
++Constructive Knowledge: Beyond No-Match Concerns

THIRD Phone Session on March 25: Anticipating and Addressing the Government's Fraud Detection and Enforcement Strategies

++The battle over Agency Policy: USCIS Headquarters Versus the AAO and the Service Centers
++Dealing with Extralegal Agency Initiatives: The Rogue RFE and the Rewriting of Legislative History in H-1B and L-1 Cases
++Constitutional, Statutory and Criminal Law Strategies for Raids, Lawsuits and Indictments
++DOL H-1B Audit Defense: Best Practices in an Era of Heightened Enforcement
++Greeting the USCIS FDNS Field Examiner or Contractor at the Employer's Doorstep

Don't wait to register. Tuesday, January 27th is the deadline! For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


The EB-5: A Creative Solution To Green Card Quota Backlogs?
Brandon Meyer writes "The system for allocating employment-based immigrant visas ("IV") is broken."

Korean Immigrants In The US
Aaron Terrazas for Migration Information Source writes "The number of Korean immigrants in the United States grew 27-fold between 1970 and 2007, from 38,711 to 1.0 million, making them the seventh largest immigrant group in the United States after Mexican, Filipino, Indian, Chinese, Salvadoran, and Vietnamese foreign born."

Bloggings On PERM Labor Certification
Joel Stewart writes "While there are many other danger signals that may be considered, the above list covers many of the most common problems encountered in labor certification processing."

To submit an Article for consideration, write to


DHHS Updates Poverty Guidelines
The Department of Health and Human Services provided an update of the HHS poverty guidelines to account for last calendar year's increase in prices as measured by the Consumer Price Index.


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:

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

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.


U-visa Program For Crime Victims Falters
Undocumented immigrants who help law enforcement officials are eligible, but although 13,300 people have applied, only 65 documents have been issued.

Nicholson to GOP:Rethink Immigration
Former Republican National Committee Chair and Veterans Affairs Secretary Jim Nicholson spoke out on the GOPs electoral challenges Friday, urging Republicans to reach out to Hispanic voters by reviewing their position on immigration.

NY Senator Changes Tune On Immigration
However, the front page of the same newspaper announced on Sunday that the senator had "softened her tone" on immigration.

Obama To Review Rule Limiting Immigration Arrests
The White House is promising to reconsider a new rule requiring high-level approval before federal immigration agents can arrest fugitives.


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.

New Offices - Diamond Bar, CA
The Law Offices of Land Wayland has moved and has a new address and new email address: Land Wayland, Guoping He Wayland, 21671 Gateway Center Drive, Suite 211, Diamond Bar, CA 91765. (909) 861 8890, Fax: (909) 861 9986, Our old phone number and email address will continue to work for about six months.


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:
Robert Gittelson's letter (01/23/09 ID) questions my equating CIR as a buzzword for Amnesty. I stand by that definition. I am not into a semantics game and in fact wrote an article published in Immigration Monthly on that subject in October of 2006. You can call a rose another name, you can look in dictionaries and pontificate on the interpretation of words, but in the end any law that gives aliens a right to become a permanent resident when other laws says they cannot, is an Amnesty, and if that is not a pardon, I do not know what is. The problem is few immigration practitioners were around, as was I, to experience the fiasco created by the Amnesty of 1986 and its aftermath. Remember now, there were only an estimated 3-million illegals at that time, not 12-million plus. To implement the 1986 Amnesty, the INS had to rent suitable large-scale office space throughout the United States, hire and train extra staff, deal with litigation, argue over the interpretation of vaguely drafted regulations. After the Amnesty was over, and the relative petitions poured in, INS offices throughout the nation were clogged to overflowing. It was a quagmire of a proportion that was absolutely astounding. If you think the system is bad now, you should have seen it then. Then there were the LUAC and MALDAF litigations, brought to right the wrongs of the INS - stuck in the federal courts for twenty years. In 1986 there was much less immigration traffic. Today, the amount of resources it would take to complete legalization for the numbers involved would be mind boggling, and because the government can never do anything right, they will once again flub it up and create chaos. That's why I say, make it simple, quick and painless - then shut the door.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Jim Roberts' (01/26/09 ID) letter argues that the 1898 Supreme Court decision upholding birthright US citizenship to anyone born in the US other than the children of foreign diplomats is not "the law", as stated in my letters, but only one of many different possible interpretations of the law. Of course, the Wong Kim Ark decision could have come out the other way. If the minority opinion had prevailed, for example, Mr. Roberts' letters' interpretations of the 14th Amendment as providing birthright citizenship only to children whose parents were both USC would have been correct, and Barack Obama would not have been sworn in as 44th president . But suppose the minority view had become the actual decision of the Court in Bush v. Gore in 2000. In that case, there would never have been a George W. Bush presidency (unless Governor Bush had run again and managed to defeat President Al Gore's re-election bid in 2004). In Supreme Court history, might have been possibilities are endless. But, under our system, majority Supreme Court decisions are the law of the land. However, Mr. Roberts' letter makes a valid point in its statement that the Wong decision, handed down more than 110 years ago, did not contemplate the possibility that there would one day be millions of illegal immigrants in the US with US born children. Neither, of course, did the writers of the 14th Amendment. Therefore, I agree with Mr. Roberts' letter to the extent that people who are unhappy with the law as it is have the right to try to get either the US Constitution or the Supreme Court's interpretation of it changed. Whether this would be a good idea in the case of citizenship by birth is something about which all of us can have differing opinions.

Roger Algase, Esq.
New York, NY

Dear Editor:
In my opinion, it takes a special kind of arrogance to presume that people who's ideas differ from one's own, are therefore guilty of having "motives that give little indication of concern for Constitution or Country." In my opinion, when one holds the minority opinion, it takes a special kind of "chutzpa" to presume that myopic viewpoint, as does the letter of Jim Roberts, (ID 1/26/09). However, when one makes that statement in the same paragraph of a letter in which they first say, "It is the Constitution that is the law,", but then in the next sentence says, "A new interpretation, clarification or even a revised amendment is clearly needed today," the writer of that letter seems to be arguing that, even though they hold the overwhelming minority opinion on an issue, they know better, and therefore, they should be able to rewrite the constitution to reflect their own narrow and unpopular views, and that furthermore, anyone who disagrees with them is against the Constitution and the United States. Wow. The letter of Jim Roberts calls me an unpatriotic anarchist for having the temerity to explain in my letter of 1/23/09 that there is a legal and fundamental distinction between amnesty and earned legalization, stating, "earned legalization is an opportunity to get right with the law, (as opposed to amnesty, which would be an automatic pardon that forgives one's having to get right with the law)." In my opinion, the concept of advocating for the rights of others to get right with the law does not make one unpatriotic. However, the concept of writing a letter that calls another person unpatriotic for holding the majority viewpoint on that issue, might in fact make the name calling letter seem somewhat unpatriotic. Delusional and self righteous might not be out of line as well.

Robert Gittelson

Dear Editor:
Ignorance of the anti-immigrant population has been icon to stale any reform for immigration. There should be a consensus or an organization per se that can educate these population of the damage caused to the country with their screaming and faults blaming the nonimmigrant of the economy. Put the blame in the big company who took the jobs and what did do to the country as they went overseas. NAFTA has been a curse to our country, a downfall to the economy and only greed and careless to the impact to the country is what make us in the stage we are today.

Gladys C. Farris

Dear Editor:
Roberts' letter (1/23/09 ID) reminds us "Justice Robert Jackson wrote: "There is danger that, if the court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact" Wow, this letter really goes to the extreme in every way. "The Constitution is not silly Putty". Which translated means, you cannot wrap it around every theory you cook up. Attribute that one to me.

Sergi Sheplov

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