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Immigration Daily

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Immigration Daily February 2, 2009
Previous Issues
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Senator Gregg

The reports "Sen. Judd Gregg (R-NH), who is under consideration to be nominated as Commerce secretary, has supported contentious immigration legislation that sharply divided his party." For the full story, see here.

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


The Consular Posts Book Table Of Contents

The Table of Contents for "The Consular Posts Book" which is currently being finalized for printing is as follows:

Chapter 1. Who You're Dealing with: DOS Jurisdiction

  • The Three Gatekeepers - USDOS, USCIS, USDOL
  • Three Different Sets of Rules
  • The Federal Code, and All That - Statutes (50 USC, 8 USC, 28 USC)
  • FAM (the One Book You Need to Know) - DOS Regulations
  • NAFTA, WTO, GATS, Soup to Nuts - Trade Agreements
  • The Changing Policy Landscape - Economic Protection vs. Free Trade
    1. He Votes - US Worker Considerations
    2. But, His Lobbyists Are More Expensive - Free Flow of Capital Interests
Chapter 2. Rules of the Game (Some Old, Some New): DOS Authority

  • The Consul Is Always Right - Consular Non-reviewability
  • Give Them What They Want (No Less, No More) - Gauging and Meeting Consular Expectations
  • Consular Mission Shift (From Business Service to Front-Line Investigator) - DOS' Enhanced Role in National Security
    1. Terrorism - Security Clearance (FBI, Homeland Security, CIA); Illegal transportation of individuals for corrupt/ illegal business entities
    2. Economic policies - Espionage, Export Controls

Chapter 3. What they're Looking For (Do's and Don'ts): Inner Federal Agency Workings

  • The Appearance (and Substance) of Candor - Proactive Strategies for Avoiding Problems and Prosecutions.
  • Mission Shift: The New Emphasis on Detecting Business-related Fraud
    1. USCIS
    2. DOL
    3. CBP
    4. Commerce Department Initiatives

Chapter 4. Why Visas Are Done Outside the U.S.: The Purpose of Consular Processing

  • Local Reputations and Investigations - Eligibility and Authentication.
  • Information, Please (Data-collection and the Wealth of Nations) - Intelligence Gathering
  • All Politics Are Local - Diplomacy and Relations w/ host Country

Chapter 5. Getting, Keeping and Renewing Your Visa: The Visa - Its Limits and Privileges

  • Not All Visas Are Created Equal - Many Types, But Few Real Choices
    • Permission to Enter
    • Blanket L visas
    • Investor Visas
    • The Greater Use of B1 visas in connection to sustainable economic activity
  • Phone Home - The Importance of Personal Contact By Counsel in the U.S.
  • Once you're Here, They Don't Stop Looking - The New Realities of Doing Business (Post 9/11 Data Mining and Federal Task Forces)
  • Time to Renew, Time to Review - The Importance of Reviewing the Record Before Submitting Updated Information.

Chapter 6. DOS Central Office Can Help You: Review and Appeals of Consular Decisions

  • The Consular Officer Isn't Always Right (Sometimes) - Review and Appeals of Consular Decisions
    • Supervisor review
    • State Dept Opinion
    • Long Standing Absences of US Courts in a Vastly changing Global Economy and the Borderless Corporation

Chapter 7. Avoiding Audits and Task Forces: Best Practices

  • Innocence Isn't Enough -- USCIS and ICE Random Fraud Assessments
  • Send In the Marines -- Federal Fraud Task Forces

Chapter 8. Data-mining and Real-Time Enforcement: The Future Landscape of the Visa Process

  • Save the Trees - E-filing, Document Scanning, and Distributed Data Access
  • If it's On-Line or in a Computer, Assume They Have a Copy

Chapter 9. The Many Faces Behind the Visa Window: The Visa Process and Procedure at Select High-Volume Consulates in the New World Economic Order

India (New Delhi, Chennai, Mumbai, Kolkata); China (Beijing, Hong Kong, Guangzhou, Shanghai); Canada (Ottawa, Toronto, Vancouver, Montreal); Mexico (Mexico City, Ciudad Juarez, Monterrey, Tijuana, Nogales, Guadalajara); United Kingdom (London); France (Paris); Germany (Munich); Poland (Warsaw); South Korea (Seoul); Phillipines (Manila); Japan (Tokyo); Brazil (Rio de Janeiro, Sao Paulo); Australia (Sydney); Taiwan (Taipei); Vietnam (Ho Chi Minh City); Israel (Tel Aviv); Bangladesh (Dhaka); Argentina (Buenos Aires); Colombia (Bogota); Venezuela (Caracas); Dominican Republic (Santo Domingo); Haiti (Port au Prince); Jamaica (Kingston)

For contributor bios, more info, and to order, please see: . Or for fax, please see:


Aliens - A US Resource Underutilized
Sardar N. Durrani, Esq. and Andrea Love Sumpter write "The US needs to change laws so that the country may benefit from a nearly endless potential of many highly qualified illegal aliens."

Immigrants Of The Day: Timothy White of Argentina, Shauna Robertson of Canada, and Edmund Morris of Kenya
Kevin R. Johnson celebrates the achievements of these immigrants.

Bloggings on Dysfunctional Government
Angelo A. Paparelli writes "Federal contractors, Congress and the Obama administration have yet another respite, this time until May 21, 2009, to decide what to do about E-Verify."

To submit an Article for consideration, write to


DOD Announces E-Verify Requirements For Federal Contractors Are Delayed
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have agreed to delay the applicability date of FAR Case 2007-013, Employment Eligibility Verification, to May 21, 2009.

State Issued Criminal History Clearances
USCIS released a listing of state issued criminal history clearances (courtesy of Thomas Esparaza, Esq.).


Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks experienced attorney for Associate Regional Counsel position, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. Applicants must possess JD degree, be active bar member (any jurisdiction), and have 2+ years of post-JD experience in immigration law. For more info, key in Job Announcement Number: COU-CIS-2009-0002 at Preference is given to applicants with immigration law experience, a background in federal litigation, an excellent academic record, and strong writing skills. Submit a resume, cover letter + writing sample (max. 10 pps.) to: Kelli J. Duehning, Western Regional Counsel, USCIS Office of the Chief Counsel at Must be received by close of business, Tuesday, February 10, 2009. Position is at the GS-13/14/15 levels and is open until filled. No relocation reimbursement available.

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.

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


Gillibrand's Immigration Views Draw Fire
Still, Ms. Gillibrand has not backed down from her long-standing opposition to amnesty for illegal immigrants, which has left some immigrant advocates wondering whether she would support any law that would establish a path to citizenship for illegal immigrants.

Activists Keep Heat On Obama Over Immigration
As Obama settles into the White House, he faces renewed pressure from pro-immigration activists to keep a pledge to support immigration reform, or at the least, roll back some of the get-tough immigration policies of his predecessor George W. Bush.

Factory Manager Sentenced In Immigration Case
A manager at a New Bedford leather-goods factory raided in 2007 by immigration agents has been sentenced to two years probation for her role in helping the company hire and conceal illegal immigrants.

Obama's Immigration Czar to Rid U.S. of Criminal Aliens - If We Can Figure Out Who They Are
Homeland Security Secretary Janet Napolitano wants to expel what she calls "criminal aliens" from the US, starting with those already in custody.


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 - San Diego, CA
'Is Black the New Brown? Latino Immigration and Native Labor Replacement in the Contemporary U.S. South' 3:00-5:00 p.m., Tuesday, February 10, 2009, Eleanor Roosevelt College Admin. Bldg., Conference Room 115, First Floor University of California, San Diego,


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:
I promised in my (1/30/09 ID) letter not to write anything further about the issue of US citizenship by birth. However, I have one final comment. In that letter, I mentioned that in the early years of the American Republic, some of the states were reluctant to follow the centuries-old English Common Law doctrine that anyone born in the King's realm and subject to its law was a citizen, even if his/her parents were foreigners. As my letter pointed out, there was a concern that this could limit the child's freedom to renounce allegiance to the Crown (or the US) after attaining majority. However, to use this purely historical argument as a reason for restricting citizenship rights by birth in 21st Century America would be even more dangerous than was Justice Scalia's twisted logic in the recent Second Amendment case involving gun control in the District of Columbia. In that decision, Justice Scalia went back to medieval English history in order to argue that the individual right to bear arms had once been important to the idea of personal liberty against the tyranny of the King. Based on this argument, the Supreme Court, in effect, upheld the Second Amendment ''liberty" to be killed in a gun fight between rival gangs in a modern American city, In the same way, those who, would like to restrict citizenship by birth in the US to children whose parents were both US citizens, would be upholding the "liberty" of millions of children of immigrant parents to be illegal in the US, and therefore subject to arrest and deportation, merely by the fact of being born. What kind of liberty is that?

Roger Algase, Esq.
New York, NY

Dear Editor:
Asylum cases are supposed to be confidential. Thus in filling out an asylum application, I put - please mail to attorney -clearly next to my client's address. As you can guess, my client nevertheless received mail from the Asylum Office, which return address had "Asylum Office" on the envelope along with my client's address. Confidential? Ha. My client then moved and I put a change of address form in with the Asylum Office with a clear cover letter to only mail me notices. As you can guess, my client still received mail from the Asylum Office. We then had the asylum hearing and explained the mail problem to the asylum officer, who said she would take care of it. Six months later still waiting for an answer and, as you can guess, my client still is receiving notices from the Asylum Office. Any suggestions on how to get the government to send it the correct address? My client's case has been kicked up to headquarters and been in some dusty file for six months. Any suggestions how to dislodge it and get an answer. My client has a very strong case, thus I am not too worried about ruffling the feathers of the asylum boys and girls. However, for my client's sake, I remain anonymous.

Name Withheld Upon Request

Dear Editor:
I have friends who are permanent residents but they have lower cost health insurance because they're "poor". Many refugees also live on welfare, it's fine for certain period but it's time for fairness and common sense to cut them off, this ridiculous policies happened in many Western nations, high taxes, welfare to the lazies. We won't welcome any parasites in this country, since we have enough parasites who are citizens who don't want to work but enjoy public welfare without shame, including Wall Street bankers. In short, all beneficiaries of our immigration system must be self sufficient or sponsored by their relatives, they must leave the country if they can't support themselves. USC may petition their parents if they can show they have certain income level and net worth, have good credit and willing to sign an affidavit to support their parents during their stay here. If the support ceased, the parents then must leave. I suggest also ID to cut off the debate about President Obama's citizenship, it's too late, it's done, get over it. Hawaiian official confirmed his birth certificate and none fussed about it much earlier. Give our new President a chance to bring this country to a better direction and future.

Robert Yang

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