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Immigration Daily

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Immigration Daily February 26, 2009
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Fake Lawyer

The New York Law Journal reports on the arrest of a man falsely posing as an immigration attorney, and the measures taken by the bar to provide assistance to his wronged clients. "Hundreds of immigrants were left angry and confused when the man they thought was their legal counsel, Victor M. Espinal, was arrested for allegedly posing as an immigration attorney. Nearly 125 of Mr. Espinal's clients poured into the lobby of the New York City Bar Association on Monday evening to attend a free clinic where 54 attorneys volunteered to help them sort through their legal and immigration options. "

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Business Immigration Law

ILW.COM is pleased to announce that "Business Immigration Law: Strategies For Employing Foreign Nationals" edited and co-authored by: Rodney A. Malpert and Amanda Petersen and its companion book "Business Immigration Law: Forms and Filings" published by Law Journal Press are now available for purchase on ILW.COM. Contributors to the book include Tarik H. Sultan, Roger C. Wolf, Rebecca S. Whitehouse, George N. Lester, IV, Richard A. Gump, Jr., Leslie K. L. Thiele, Ellen G. Yost, Nancy H. Morowitz, Vicki L. Martin-Odette. For more info, including how to order, see here. For the fax order form, see here.


Consular Corner: February 2009
Liam Schwartz writes "The guiding hand behind 99 State 21138 was the late Stephen K. Fischel, who throughout three decades of service at the Department did more than anyone to promote the relationship between consul and counsel."

The State's Quest For Total Information Awareness
David M. Brown for the Foundation For Economic Education writes "If Total Information Awareness is to be stopped, it will most likely be stopped not by the principles or natural inclinations of politicians, but by the principles and protests of constituents."

Bloggings On Immigration Law And Policy
Greg Siskind writes "More interesting to me is the appointment by DHS Secretary Janet Napolitano of Esther Olavarria as the Deputy Assistant Secretary for Policy. The pro-immigration community should be cheering loudly over Esther's appointment."

To submit an Article for consideration, write to


USCIS Expands Premium Processing For Designated I-140s
USCIS announced that it will expand Premium Processing Service for designated Forms I-140 to include alien beneficiaries who have reached, or are reaching, their limitation of stay in H-1B nonimmigrant status. For the announcement, see here and for the fact sheet, see here.


Help Wanted: Immigration Paralegal
Roseland, NJ - Fox Rothschild LLP has an opening for an immigration paralegal. The ideal candidate will have 5+ years of employment based immigration paralegal experience. Experience must include preparing and filing full range of employment-based applications, independently conducting research, analyzing legal resources, maintaining document files and case docketing. Must be team player, detail oriented and possess excellent communication, writing, organizational and computer skills. Will consider Bachelor's degree, Associate's degree, or paralegal certificate and 5 years of experience or 10 years of comparable work experience. Please apply online at EOE.

Position Sought
JD, with 10 years experience in business immigration, available to draft and consult on complex RFE responses, MTR's, EB-1 (all subcategories), EB-5, E-1, E-2, H-1B, L-1, O-1, NIW, PERM and TN matters on a project basis. Additional specialization in inadmissibility waivers, paralegal training programs, and legal research. Competitive hourly or flat fees. References available upon request. Please contact for additional details.

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

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.


New Picks For DHS Raise Hopes For Immigration Reform
Esther Olavarria, a Senior Fellow and Director of Immigration Policy at the Center for American Progress, is his pick for deputy assistant secretary of homeland security for policy.

Lawmakers Try New Approach To Immigration Changes
Latino lawmakers and advocates are taking a new approach to the push for changes in U.S. immigration policy, making a humanitarian appeal to Americans to support fellow citizens who have relatives living in fear of detention and deportation.

Indiana Senate Passes Immigration Reform Bill
Indiana businesses that repeatedly knowingly hire illegal immigrants would face one of the toughest penalties in the nation under legislation the Indiana Senate passed Tuesday night.

US Charges Salvadoran Ex-Defense Minister With Immigration Fraud
US authorities have charged a former defense minister for El Salvador with two counts of immigration fraud.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Immigration Event - New York, NY
On Thursday, March 12 at 5 p.m., Wagner College's Hugh L. Carey Center for Government Reform welcomes Joseph J. Salvo for a lecture entitled, "New Immigrants to New York: How and When Will They Gain Power in Government?" For more info see:


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
Paul Good's letter (02/25/09 ID) has corrected some misunderstandings about details in my letter (02/24/09 ID) concerning Thai students. But what is clear is that, according to Mr. Good's letter, all the students wishing to immigrate to the US did so legally. Therefore, we are looking at the case of a relatively prosperous Asian country, once indeed known as an "Asian Tiger"', whose exchange visitors, according to Mr. Good's letter, scrupulously followed the US immigration laws. Yet this important Asian country and long-standing US ally is not on the visa waiver list. On the other hand, there is a long list of economically depressed Eastern European countries (as well as at least one Western European country, Iceland) which are on the list. The excuse for this blatant discrimination is given as "overstay statistics". But anybody can prove anything with statistics. Look at the infamous book "The Bell Curve" which, a number of years ago, supposedly "proved" through statistics that African-Americans are allegedly not as smart as whites. Now purported overstay figures are being used, in effect, to claim that visitors from white countries can be more trusted to obey the law than visitors from non-white countries. Who needs such "statistics"?

Roger Algase, Esq.
New York, NY

Dear Editor:
Regarding the article "The Path Less Taken" (02/25/09 ID): Although I don't pretend having come up with the idea, I do propose ADI " Accounting and Dynamic Integration " in my new book, Immigration Reform: We Can Do It, If We Apply Our Founders True Ideals (Hamilton, 2009). It is part of chapter 12 - Dynamically Integrating our Immigration System. In it, I propose taking focus away from legalization or Path to X, and focusing on the workplace. There, as I propose, employers can both provide legal employment, if we permit them, and accounting for 9-11 security and related purposes. The CBOs and legal community would have to work with employers, along with law-enforcement, something already familiar to them in "community policing" schemes. The legal community would do what it does in labor certification cases, incidentally a platform that can be adapted to this purpose. What this permits is throttling back, in aircraft talk. It will take "amnesty" away from its naysayers who use it as a bludgeon to kill any progressive immigration reform proposal.

Godfrey Y. Muwonge

Dear Editor:
The man who had extreme elbow pain fortunately got a second opinion and after a careful and thoughtful examination by a compassionate and caring doctor was diagnosed with a dislocated shoulder. The doctors analogy in Roberts' letter (02/25/09 ID) is a sad commentary on the restrictionist viewpoint clearly lacking in compassion and the ability to grasp the complexities of the discussion at hand. Immigration Law is "broken" and the prescription for fixing it is a reasoned diagnosis of what is the cause of problem, and careful consideration of the complexities of the issue. The suggestion of a recision of the Visa waiver program throws the baby out with the bath water, the baby being our multi-billion dollar annual toursit industry, A moratorium on Immigration? Talk about cutting off your nose to spite your face. We are a nation of Immigrants, our collective DNA is what makes "US" the great USA. Shutting the door on future immigrants is not the answer it could be the beginning of a whole new set of problems. Much of our current problem with illegal entry and failure to depart is a direct result of draconian provisions in the existing Immigration Law. Recognizing the flaws in the current system that promote illegal entry, and adopting strategies to minimize the problem going forward is what most advocates of reform are in favor of. There is no way to exempt undocumented workers from consequences but many reform advocates attempt to remind us that almost all migrant works have paid a price already in exploitation. The most popular solutions that I am aware of simply state the penalties that are imposed should simply be in line with the extent of the offense in keeping with our long standing principle of proportionality.

Sergi Sheplov

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X