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Immigration Daily

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Immigration Daily April 22, 2009
Previous Issues
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USCIS Requests INA 244 f 4 Feedback

We received an email from an immigration lawyer who has been corresponding with USCIS regarding inconsistent interpretation of INA 244(f)(4). USCIS has asked her to compile and send information regarding this matter to USCIS. The issue involves the interpretation of INA 244(f)(4) which states "that during the period in which an alien is in valid TPS status, they are considered as being in and maintaining a valid nonimmigrant status for 245 adjustment of status or 248 change of status." We understand that USCIS will amend regulations and/or issue memoranda providing clarification on the matter based upon feedback received from the immigration community.

Specific information including names, A#'s, and case status information on individuals who are in or have been in TPS status who are either EWI or subject to final orders who were either denied adjustment of status or would be eligible for adjustment of status if they would be considered as being in and maintaining a valid nonimmigrant status is requested. Immigration Daily readers are invited to write directly to Barbara Brandes with their response.

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


Relief From Removal: A Definitive Manual For Winning Cases

The following is the table of contents for this definitive work:

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Flexibility Is The Key In Immigration Reform
Paul Herzog writes "But immigration reform is a necessity, because immigrants have played a key role both socially, since so many American families have immigrant members, and in driving the growth of America's leading industries, such as high-tech."

Attorney Marketing: How To Prevent Problems With Returned Phone Calls
Trey Ryder writes "If you're responsible for marketing legal services, make sure your lawyers return calls promptly."

Immigrants Of The Week: John MacDougall, Sunil Gulati, and Gaby Moreno
Greg Siskind celebrates the achievements of these select immigrants.

To submit an Article for consideration, write to


USCIS Issues Latest FY 2010 H1B Update
USCIS announced an updated number of filings for H-1B petitions for the fiscal year 2010 program.

Neufeld Provides Guidance On N-400s When Applicant Fails to Respond To A Request For Evidence Or For Appearance
USCIS Acting Associate Director Neufeld released a memorandum providing guidance on adjudicating Form N-400s, Application for Naturalization, filed by applicants seeking naturalization under section 328 or 329 of the Immigration and Nationality Act (INA) who fail to appear for their naturalization interview or fail to respond to a request for evidence.

DOL Issues H-2B Final Rule FAQs Round 1
The Department of Labor issued a FAQs on the H-2B final rule effective January 18, 2009.


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.

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


Local ACLU Decries Megahed's Immigration Arrest
The American Civil Liberties Union of Florida today joined the chorus of activists protesting the immigration arrest of Youssef Megahed three days after a federal jury acquitted him of explosives charges.

Visa Rules Widen The Rift Between Vietnam And U.S. Families
The plight is not a new one for families split between two countries, but increasingly it is becoming an issue among Vietnamese as the refugees who fled to the United States at the end of the Vietnam War grow old.

Latinos Debate Whether Immigration Reform Rallies Are Wise Right Now
Energized by a renewed prospect of success, Latinos in Dane County, [Madison WI] and across the country are planning to go to the streets again on May 1 to hold President Barack Obama to his assurances that immigration reform is on the way.

[Texas] House Again Avoids Immigration Clash
Texas Rep. Leo Berman, R-Tyler, today tried to make sure only groceries owned by U.S. citizens are eligible for a bill's proposed incentives for grocers in low-income neighborhoods to stock more fresh produce.


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

Immigration Event - Arlington, VA
2009 ACIP Annual Symposium: June 15-18, 2009, Arlington, VA - For thirty-five years, the American Council on International Personnel's Symposium has been the most highly respected annual meeting devoted exclusively to employment-based immigration. We bring in-house immigration professionals from universities and research institutions, non-profits, and multinational corporations together with U.S. government representatives and legal experts. This year's Symposium "Changing Times, Changing Strategies" will help you: strategize and network in an uncertain economy, meet new leaders of Federal Agencies & Congress, develop airtight compliance measures, and refine your global mobility management models. ILW.COM is pleased to be an event media sponsor.


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

Dear Editor:
Surely, there was more than one patriot. Therefore, the correct punctuation is Patriots' Day (04/21/09 ID comment) .

Robert J. Grenier, Esq.
Burlington, VT

Editor's note: Thank you for pointing out our typo.

Dear Editor:
Sid Lachter's letter's rebuttal (04/17/09 ID) to the argument that "politicians want the illegal aliens here for votes." is correct, up to a point. Only citizens can vote (at least if voting laws are enforced). However, everyone is counted in the census for purposes of drawing up Congressional districts. Mr. Sheplov's letter overlooks the same detail. One need only look to the election that unseated controversial Representative Robert "B-1 Bob" Dornan to see both the issues of enforcing voting laws and the rotten borough nature of districts especially heavy in non-citizen residents - in one case working for Bob's argument that he wuz robbed, and in the other taking away from his argument that he held a particularly legitimate seat in the first place. I suspect Messrs Yang and Murray both get it, even if they don't approach it from the same place I do.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I am an immigrant rights activist and member of a sanctuary congregation. One of the things I am seeing more often is U.S. citizen children abandoned because their parents have been deported and for a variety of reasons children are remaining in the U.S. There are also un-documented children who are abandonded who fall through the cracks, and teenagers are not willing to talk with social workers. We say the "future is in our youth", what kind of a generation are we fostering? We desparatly need comprehensive humane immigration reform to protect workers, to create a system of integrity, and to protect our children.

Dianne Aid
Kent, WA

Dear Editor:
Nativists love to falsely accuse illegal immigrants abusing welfare system, the question is how comes the no papers people can abuse a system that demands us to show our papers before collecting welfare? If Nativists argue that these illegal immigrants will be legalized then being able to collect welfare checks later as legal immigrants and US citizens, then blame the stupid and reckless welfare state for all policies then. How comes Social Security can provide benefits tho our senior citizens today who never contributed SS tax since its inception during their younger years? And how comes our politicians could vote to give our and our future generation tax dollars to the banks and Wall St. corporations that have made risky and stupid business decisions and lost money but when they make obscene profits they never share that profits with us the tax payers who are bailing them out now? Many conservatives and nativists will likely to flood their representatives with faxes, e-mails, mails and phone calls on a NO to "immigration amnesty again" issue, but there are much bigger and outrageous issues that should concern them most, which is business as usual in Washington that must stop. They must learn how to balance the check book and watch the wallet, stop waging wars for profits of the view elites, stop manipulating and debasing our currency and savings by printing more paper money to indulge their "shopping and spending" addiction. The government must be honest and transparent about Social Security, Medicare and Defense spendings, how much we do have and can afford and abolish those unfunded mandates that burden the future generation with sky high debt and we shouldn't blame illegal immigrants for all these country illnesses.

Robert Yang

Dear Editor:
A couple of responses appearing in the April 17, 2009 ID issue indicated that only citizens can vote in U.S. elections and illegal aliens can't. I think those writers meant to say that only citizens can vote legally and illegal aliens can only vote illegally. It's sort of like illegal aliens can't work in the U.S., but millions do. I don't believe that millions of illegal aliens are voting in U.S. elections, but some clearly do.

M. Jacobs

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