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Immigration Daily

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Immigration Daily April 14, 2009
Previous Issues
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Widow Penalty

A Miami Herald editorial says "Of the many ways that U.S. immigration law is unfair to foreigners who are trying to become citizens, the "widow's penalty" is among the most cruel." For the full editorial, see here.

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.


Open Season For New H-1Bs
Alan Lee, Esq. writes "Looking at the news from U.S.C.I.S. during the past few days on its receipt of FY-2010 H-1B petition filings, it appears that H-1B season is open again and that the cap will not be filled for the approximate 85,000 visa slots for at least a month."

America's Loss Is The World's Gain: America's Newest Immigrant Entrepreneurs
Vivek Wadhwa et. al for the Kauffman Foundation write "We find that, though restrictive immigration policies caused some returnees to depart the US, the most significant factors in the decision to return home were career opportunities, family ties, and quality of life.

Bloggings On PERM Labor Certification
Joel Stewart writes "[E]mployers must be sure that second preference applications fall within the general guidelines of the DOL."

To submit an Article for consideration, write to


DHHS On Age Determinations Of Aliens In Custody
The US Department of Health and Human Services Office of Refugee Resettlement issued instructions on how to determine the age of aliens in the custody of HHS and DHS.

DOL Announces New iCERT System
The Office of Foreign Labor Certification announced the implementation of a new one-stop visa portal system.


Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal who desires to work from home, part-time. We specialize in O-1 and EB-1A in the arts and entertainment, with a selection of H-1, L-1 and family cases. The ideal candidate will: 1) have experience in our practice area, 2) have an interest and talent for organizing, excerpting and summarizing evidence in a lengthy submission letter (for O-1 and EB-1 cases), 3) be self-motivating, and will 4) work efficiently, timely and in an organized fashion. We communicate via emails and couriers. The candidate will augment our current team of telecommuting paralegals. We project 5-15 cases per month. The candidate must have necessary computer equipment, software and skills for this position. We pay by the hour or per case. Please forward detailed resume, writing sample for EB-1A case, and two references to:

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.

Expert Witness Services
Muslim World Expert Dr. Shaul M. Gabbay is pleased to offer expert testimony on immigrants from Muslim countries/societies, including the former Soviet Union (USSR). I have testified in 150+ Immigration Court cases nationwide (asylum, cancellation of removal) and to USCIS (asylum interviews, hardship waivers) with very high success rates. For more info, including detailed biography + testimonials from lawyers who have worked with me in the past, see: Please contact me with any additional questions: Dr. Shaul M. Gabbay, Muslim World Expert, Josef Korbel School of International Studies, University of Denver, Denver, Colorado,, (303) 871-2560. For countries outside of my expertise, I may be able to recommend an expert in that area.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit or email Melany Hamner at


Immigration Reform On Obama's List
The decision to tackle immigration reform this year could be a smart move by the Obama administration. Or it couldn't come at a worse time.

U.S. Citizens Have Been Accidentally Caught Up In Immigration Crackdown, AP Says
The AP documented 55 such cases - citizens detained for anything from a day to five years. Immigration lawyers say there are actually hundreds of such cases.

A Poor Excuse
The federal government hasn't had enough time to think about this age-old problem? Please.

Tancredo At UNC For Illegal Immigration Talk
Former U.S. Rep. Tom Tancredo, a leading critic of U.S. immigration policy, will be in Chapel Hill on Tuesday to speak against the admission of illegal immigrants to colleges and universities.


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

Immigration Event - Washington DC
'Abuse Rampant in Fraudulent Tax Returns'. Release of report: The Earned Income Tax Credit and Illegal Immigration: A Study in Fraud, Abuse, and Liberal Activism, 1:00 p.m., Tuesday, April 14, 2009, National Press Club, 13th Floor, Zenger Room 529 14th St., N.W., Washington, D.C.


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

Dear Editor:
Since private enterprise banking has clearly failed worldwide, the American economy will not recover if the government does not rein them in through a strict and permanent regulation of the banking industry, chartering all banks doing business here, and establishing standard rules of accounting. As a nation, America will fail unless the federal regulators do their jobs, especially the regulators at the SEC, and unless the government regulates the credit card industry and its exorbitant and usurious interest rates, and unless the US stops its warring as the world's savior, and unless the tax code is revised and simplified, including the elimination of the corporate tax, installing a fair, unsheltered sliding-scale minimum tax based on all gross income over $25,000, while at the same time reinstating an investment tax credit against further taxation to encourage investment in hard goods by the rich, rather than in worthless paper, and unless the US protects American manufacturing jobs by modestly raising import tariffs, and taxing outsourced foreign labor as an import. And it will fail unless the anti-immigrationists and their political cohorts awaken and recognize that American employers need qualified and educated foreign talent in high-tech, health care, science and other arenas, and that America needs a ready and reliable source of temporary stoop-labor on a regulated, but easily obtainable basis, and unless politicians become honest, and until Americans take responsibility for their own actions. As Robert Yang's letters have so often mentioned, we live in a global economy. The current financial crisis should make us acutely aware that today, all countries are inter-dependant. It is a shame that in this age of technological advancement, the sociological ideology of mankind remains mired in archaic traditional thinking, with respect for humanity low in the priorities of the collective world governments, and, sadly, the United Nations.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I have been a proponent of open borders for a long time. I am disgusted by those walls. What in the world are we afraid of? We operated without walls for many, many years ... with Mexicans coming and going to work here. It's interesting, I think, that even though there is a 19% unemployment in Elkhart, Indiana, those laid off workers say they refuse to 'flip burgers'. Well, the Illegals will flip burgers. Shows you the mentality of of the know-nothings.


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