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Immigration Daily

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Immigration Daily April 21, 2009
Previous Issues
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Patriots Day

ILW.COM's offices will be closed April 20th in observance of Patriot's Day. Patriot's Day is celebrated in honor of the anniversary of the Battle of Lexington and Concord on April 19, 1775, which is generally considered to be the beginning of the American Revolutionary War.

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


The Consular Posts Book

The Table of Contents for "The Consular Posts Book" is as follows:


  • Comprehensive Immigration Reform (CIR) and DHS Cost-cutting: But, Not Very Comprehensive Reform and Selective Cutting of Enforcement Budgets
  • Post-FISA Surveillance: When Your Client Calls From Overseas, Uncle Sam Is On The Line.
  • The NAFTA Super-Highway Meets a Roadblock
  • Shift to Interior Enforcement - Mandatory e-Verify
  • H-1B and L-1 Programs Under Siege
  • Release from Detention for CIR-eligible Aliens
  • The Bottom-Line Calculus in Business Immigration and Free Trade Policy:
    1. He Votes - US Worker Considerations
    2. But, His Lobbyists Are More Expensive - Global Capital Interests
    3. A Trumps B, for Now
  • Obama: Changes to H-1B Seen as Part of Comprehensive Immigration Reform
  • Congress: Revolt Against Off-Shoring
  • WTO/GATT/GATS Reconsidered
  • Will the "GATS Visa" Replace H-1B?
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:


PERM Practice Tips
Joel Stewart, et al. share the citations from this recently concluded seminar.

Immigrants Can Help Fix The Housing Bubble
Richard S. Lefrak and A. Gary Shilling write "The Obama administration should seriously consider granting resident status to foreigners who buy surplus houses in this country."

To submit an Article for consideration, write to


USCIS Says E-Verify Rule Delayed To June 30th
USCIS announced that the applicability date of the final rule requiring federal contractors and subcontractors to begin using USCIS E-Verify system has been pushed back by six weeks to June 30, 2009.

Neufeld And Chang Memo On Special Immigrant Juvenile Petitions
USCIS Domestic Operations Acting Associate Director Neufeld and Office of Policy and Strategy Acting Chief Chang released a memo informing immigration service officers working Special Immigrant Juvenile (SIJ) petitions about new legislation affecting adjudication of petitions filed for SIJ status.

Neufeld And Chang Memo On CDC Technical Instructions For Form I-693
USCIS Domestic Operations Acting Associate Director Neufeld and Office of Policy and Strategy Acting Chief Chang released a memo providing guidance on revisions to the Center for Disease Control's technical instructions for civil surgeons and Form I-693.


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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete or fax your document at 818-907-9763.

CLE Immigration Event
Memphis, TN - (May 15-16, 2009) The Federal Bar Association and AILA Mid South Chapter invite you to join us for one of the most exciting regional immigration conferences you will attend this year. The confirmed speaker line-up is a who's who, including respected AILA attorneys and government officials including chairman of BIA, US Court of Appeals judge, director of OIL, current and former immigration judges. This conference offers opportunity to hear from a panel of ICE and CIS supervisors discuss local priorities that affect the mid-South and nationwide. Mingle with faculty without large crowds. This intimate setting is perfect for both new and experienced practitioners alike. Program includes special programs for pro bono attorneys + criminal lawyers. Earn up to 16 CLE hours and have fun too. Early bird deadline is April 30th. For more info, including speakers, curriculum, and registration see the attached brochure or register online at


'Pastors' Scam Congregants Out Of Over $800K In Immigration Con: Law Enforcement Sources
A unholy pair of so-called pastors opened a storefront church in Queens and then fleeced more than 70 of their flock in an immigration scam, law enforcement sources said Wednesday night.

Blind Eye To Immigration Violations
Police officers in several Utah jurisdictions will not prosecute immigration violations, top cops told hundreds of Latinos packed into a shopping center Wednesday night.

Report: NJ Immigration Directive Wrongly Used
A new report claims that some New Jersey police officers are misusing a state directive that allows them to inquire about the immigration status of people arrested for serious crimes.

John Demjanjuk's Claim That Deportation Would Be Torture Rejected By Immigration Board Of Appeals
John Demjanjuk's attempt to stay in the US suffered a setback Thursday.


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

New Partner - Washington, DC
Berry Appleman & Leiden LLP (BAL) announces that Lynden Melmed, has joined the firm as a partner. Mr. Melmed joins BAL from the Department of Homeland Security (DHS), where he served as Chief Counsel of USCIS, that agency's highest-ranking legal position, since January 2007.


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

Dear Editor:
In response to ID's 04/17/09 comment, I'm willing to bet that the numbers reflect the greater likelihood of the unattached males who are usually the face of illegal immigration being far more likely to kite off in a recession than those with more reason to stick around. Italian families famously stayed in crumbling neighborhoods while s ingle Italians left. The largest number of our present undocumented aliens are Mexicans, with other Latin Americans making up a huge number, and they seem to behave a lot like the Italians of yesteryear (including a large minority of fast-assimilating relatively high performers acting like the old North Italians of days gone by).

Honza Prchal, Esq.
Birmingham, AL

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