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Immigration Daily

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Immigration Daily February 20, 2009
Previous Issues
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Outlaw Sheriff Traumatizes Children

The poster boy for repeal of 287(g) is the Outlaw Sheriff Arpaio of Maricopa County, Arizona. He is likely currently the subject of several federal probes, not a fun position to be in. It is sometimes hard to describe in words the inhumanity of actions done in the name of enforcing unjust immigration laws, however, a video from the NYTimes blog helps. We understand that Secretary Napolitano is currently reviewing a number of decisions by the former administration affecting immigration issues. In light of the unnecessary grief caused to countless US citizens of tender years by 287(g), Ms. Napolitano should seriously consider suspending all 287(g) agreements across the country, pending long overdue Congressional review of this questionable policy. With change in the wind, the time has come to return humanity to the immigration debate.

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


Family-Based Immigration: Nuts And Bolts

Our new book, Family-Based Immigration: Nuts & Bolts; Editor: Charles Wheeler of the Catholic Legal Immigration Network, Inc. (CLINIC) features:

++ Chapters: Immediate Relatives And The Preference System, Overview Of The Application Process For Permanent Residence, Adjustment Of Status, Consular Processing, Immigrating Through Marriage, Grounds Of Inadmissibility, Waivers Of Inadmissibility, Affidavit Of Support, Self-Petitions For Abused Spouses And Children, & Ethics

++ 35 Appendices include: Sample Request For Criminal History, Documenting I-130 Petitions, Sample Motion To Reinstate I-130, Consular Processing Instruction Package, Consular Processing Appointment Package, Suggested Evidence Of Bona Fide Marriage, I-601 Waiver Packet Based On INA 212(h) (Criminal Convictions), I-601 Waiver Packet Based On INA 212(i) (Fraud Or Misrepresentation), I-601 Waiver Packet Based On INA 212(a)(9) (B)(v) (Unlawful Presence), & I-212, Request For Permission To Reapply For Admission After Deportation

++ CD-ROM includes: relevant regulatory sections from 8 CFR, 22 CFR, etc., many forms from USCIS, DOS, SSA & IRS, significant statutory provisions, key BIA & Federal cases, selected USCIS memos, public health service documents, etc.

For more info on Family-Based Immigration: Nuts & Bolts, and to order, For the fax order form, see here.


The Diminishing Prospects For Legal Immigration: Clinton Through Bush
Donald S. Dobkin writes "The legislative and policy changes implemented in the last decade have dramatically diminished the prospects for legal immigration; and in doing so, have exacerbated the illegal immigration situation."

Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group writes "Sen. Schumer's appointment as the Senate's Chair of the Immigration Subcommittee: The Senator has long been a champion of sensible nursing visa legislation; he often takes the lead on the issue."

Immigrants Of The Day: Hyman Rickover of Poland, Ming Hsieh of China, and Levi Strauss of Germany
Kevin R. Johnson celebrates the achievements of these immigrants.

To submit an Article for consideration, write to


Schumer Chairs Senate Immigration Committee
Subcommittees were announced for the 111th Congress. Senator Charles Schumer is the new chairman of the Senate's Immigration, Refugees and Border Security Subcommittee.


Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an industry leader? Would you like to have the ability to contribute to the success of many businesses and products in the technology arena as well as make a positive impact on individuals and their families' lives? If you do, come join us at Microsoft as a US Immigration Attorney. We are a diverse and global company that makes a significant positive impact on 600 million plus customers worldwide. The Microsoft Corporation Legal & Corporate Affairs Global Migration department plays an integral role in helping hiring managers and recruiters hire and on board the best and brightest. If you are ready to make a difference and learn and grow in the US Immigration arena, we offer an opportunity like no other. This position requires excellent academic credentials, 4-6 years experience in all NIV business visas, labor certifications, and other business-related immigration matters. Strong case management, customer facing, communication and writing skills required. Full relocation package offered. To view detailed job description and apply, see here.

Help Wanted: Immigration Attorney
Beverly Hills, CA - Busy immigration law firm has immediate opening for experienced, hard-working and creative self-starter. Candidate must be able to thrive in challenging, trial-oriented environment where deadlines are critical, must be active bar member (any jurisdiction), and have experience in handling nonimmigrant business and/or NIV visas and consular practice, PERM, family, removal proceedings, as well as BIA and Circuit Court Appeals, and federal litigation. Must have following: demonstrate quick analytical ability and facility to articulate critical issues in case; have superior oral and writing skills, strong research and interpersonal skills, and good judgment; possess excellent courtroom skills and exhibit ability to work in professional manner with others, demonstrate computer literacy skills. Expected to do own legal research and writing and to be substantially self-sufficient in preparing day-to-day correspondence/pleadings. Occasional travel required; bilingual a plus, but not essential (spanish or korean) No relocation reimbursement. Send cover letter, resume, + writing sample (max. 10 pps. in MS Word or Adobe PDF format) to

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:

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:


Study Shows Sharp Rise In Latino Federal Convicts
Nearly half of Latino offenders, or about 48 percent, were convicted of immigration crimes.

Agents Were Urged To Round Up Immigrants, Report Says
Shortly before federal agents arrested 24 Latinos outside a Fells Point 7-Eleven in January 2007, the acting field office director of the Immigration and Customs Enforcement office in Baltimore told a deputy "to bring more bodies in," according to an internal ICE report.

Illegal Immigration Is A Bone Of Contention In Several Ways
There is more to the story of illegal immigrants working in Nebraska than meets our collective eyes.

Lawmakers Debate State Role In Immigration Issues
Anchia said that the federal immigration system is broken, but that introducing new state enforcement measures would hurt Texas' economy.


Readers can share their professional announcements (100-words or fewer at no charge), email: To feature your event in Immigration Daily, see here.

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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:
Regarding Roger Algase, Esq's letter (02/19/09 ID): Sorry, the case is not closed. The criterium for granting visa waiver status is the percentage of visa abuse. I would suggest that economics is more the point than race where percentages are high.

Paul Good, Esq.

Dear Editor:
Roger Algase's letter (02/19/09 ID) has proven again that if almost always uses a hammer then everything starts looking like a nail when it says: "The visa waiver program currently includes 35 countries. Three of them, Japan, South Korea and Brunei, are located in East Asia. All the rest are in Europe, except for Australia and New Zealand. Case closed." I actually agree that there is "some racial component", though I think it pretty minor because it strikes me that the Middle East/Central and South Asia, sub-Saharan Africa and Latin America share some other characteristics besides racial make-up that just may account for most of the discrepancy, especially when I feel so confident that other white European areas like Moldova and Belarus probably won't get visa waivers any time soon either. says "All countries participating in the program are high-income economies with a high HDI and most are regarded as developed countries." and lists Brazil, Uruguay and Argentina as up for full inclusion, along with Romania, Israel, Taiwan, Poland, Cyprus and Greece. Mr. Algase's letter might also want to note the small island of blue in Northeastern South America as a present participant in the plan along Brunei (and textual references to South Africa and a number of Gulf Arab states), which seem to argue against the racial angle being foremost in our considerations. Perhaps rewarding nations with low overstay numbers and good identification systems as the visa waiver program does is the best way to solve our illegal immigrant problem. Incentives towards law abidingness, even when the laws are as silly as many of our immigration laws, is a fundamental element of what separates the first world from the third or Miami from pre-Katrina New Orleans. Just something to think about.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
In my letter (02/19/09 ID), I pointed out that of the 35 countries in the US visa waiver program, almost all are in Europe or populated primarily by people of European descent. Four are in East Asia (since I left out Singapore in my above letter, which mistakenly gave the number as three - my apologies). There are no countries in The Middle East, Latin America or Africa that have been granted this privilege. Of course, there are some security and economic reasons for this. No one is suggesting, for example, that people from the Middle East should be allowed in without visas, or that a typical visitor from Zimbabwe or Malawi would have much incentive to return to his or her country. But it would be absurd to argue that virtually all of Europe is a terror-free economic paradise, or that visitors to the US from there necessarily have more incentive to return home that do visitors from anywhere else. Iceland, for example, has become one of the world's economic basket cases, with a non-functioning banking system that has had to be taken over by the government. Yet it is on the visa waiver list, while relatively prosperous countries like Thailand or even Botswana are not. Anyone who argues that race has nothing to do with this lopsided imbalance has a heavy burden of proof. I am not contending that the entire US immigration system is based on racial discrimination. Far from it. But what other reasonable conclusion can there be as far as the visa waiver program is concerned?

Roger Algase, Esq.
New York, NY

Dear Editor:
It's a shame that US can be the world best shopping and leisure destination but many foreigners turned it down because of unfriendly and absurd visa policies. Electronics, branded apparels, personal cares etc. are much cheaper even compared to malls in Paris, London, Australia, Dubai, Singapore or even China. We must have a smart and comprehensive immigration reform that will offer as many as possible visitor visas to bonafide visitors particularly of those living in developing nations. To ensure the compliance, we need to outsource the verification and eligibility process to reputable tour agents who will screen out their customers and to impose at least $ 50K fine per person who gone AWOL during their group visit in the US, so they will take this business and our trust seriously. It's time for wealthy Chinese, Indians, Indonesians, Brazilians etc. to spend $$$ from their robust export to our country and pump it back into our economy, and we need also to repeal 3 and 10 years visa ban for those with past immigration violations provided they have convincing change in their financial situation and join the group tours coordinated by those appointed local travel agents. Our malls should be packed, retail, hotel, restaurant and many other hospitality industries should be booming as the result, and these jobs can't be outsourced. We must encourage all Americans to make gifts and handicrafts that proudly and genuinely made in USA. Nothing make many Chinese tourists get dismayed when buying a miniature of statue Libery with made in China stamp on it. Visit USA 2009 and 2010. We need to change this crisis into golden opportunity now.

Robert Yang

Dear Editor:
Regarding the article by Mr. Maibach (02/19/09 ID), I can't help but wonder if the article of someone who is affiliated with The Foundation for Economic Education (FEE), "one of the oldest free-market organizations in the United States" supports the very anti-free-market H1-B program which Mr. Gates and the technology lobby have been pushing. Or does Mr. Maibach's article only support "free markets" for goods and services, but not for labor? The H1-B program, in its present form, indentures employees to employers. The visa is held by the company, not the employee, and the employee finds it difficult to leave an employer who is sponsoring him or her for a green card or to ask for higher salaries and improved working conditions without risking that green card. If Mr. Maibach's article truly believes what it says, then it should lobby for an end to H1-B and a return to the pre-H1-B practice of requiring companies to sponsor an employee for a green card before the employee ever comes here. The employee would thus be free to move about the US labor market unconstrained and to negotiate the best price for his or her services in a true free market.

Ali Alexander

Dear Editor:
Regarding Roger Algase, Esq's letter (02/19/09 ID), I reopen the case. I add that, if anyone believes we'd be deporting Haitians (and not affording them TPS considering the devastation Haiti took during last year's hurricane season), if that country didn't have a primarily-Black population is seriously naive or deluded.

Gregory W. Christian
Washington, DC

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