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Immigration Daily

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Immigration Daily May 5, 2009
Previous Issues
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Supremes Rule On Identity Theft Case

The Los Angeles Times reports "The Supreme Court today took away one tool for prosecuting and deporting workers who are in this country illegally, ruling that the crime of identity theft is limited to those who knew they had stolen another person's Social Security number." For the full story, see here.

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


All New Editions Shipping Now

ILW.COM is pleased to offer the completely revised editions of Patel's Immigration Law Library, the 2009-2010 Edition (Shipping Now). This collection includes the essential reference resource The WHOLE Act, The INA (Annotated), 2009-2010 Edition, used by DHS officials, federal court libraries, and many veteran immigration practitioners. Once you have used this version of the INA, you will wonder why you ever used any other! This collection also features the fully indexed 8 CFR, 2009-2010 Edition and fully indexed 20/22/28 CFR, 2009-2010 Edition. While supplies last, the best quality immigration law reference books are now available at the cheapest price on the market - $189 for all three books (shipping and handling included!).


A New Dawn For EB-5 Sunset?
Carolyn S. Lee writes "So does this mean we can feel optimistic that the EB-5 Pilot Program will be renewed in September without yesteryear's handwringing?"

State Of New Jersey Report To Govenor Jon S. Corzine
Ronald K. Chen et al. of The Governor's Blue Ribbon Advisory Panel On Immigrant Policy provide recommendations for a comprehensive and strategic statewide approach to successfully integrate the rapidly growing immigrant population in NJ.

Bloggings On PERM Labor Certification
Joel Stewart writes "The authors explain that based on these criteria, it "may be possible for an employer to bypass BALCA and seek review in federal court as there is no mandatory requirement in Sec. 656.26(a)."

To submit an Article for consideration, write to


Supremes Says Aggravated Identity Theft Conviction Requires Defendent Knows ID Belongs To Another Person
In Flores v. Figueroa, No. 08-108 (Sup. Ct. May 4, 2009), the court said that "Section 1028(a)(1) requires the Government to show that the defendant knew that the means of identification at issue belonged to another person."

USCIS On Revised N-426 Form
USCIS proposed revisions to Form N-426 which is used to verify the military or naval service of individuals applying for naturalization based on their service in the U.S. armed forces. For the USCIS release, see here. For a related USCIS fact sheet on the naturalization process for the military, see here.

Neufeld On Certification Of Military Service
USCIS Acting Associate Director Neufeld issued a memo on the acceptance of DD Form 214 as certification of military or naval service for veterans of the US Armed Forces.


Help Wanted: Immigration Paralegal
Reston, VA - Goel & Anderson, LLC has an immediate opening for an experienced business immigration paralegal. Ideal candidates will have 5+ years experience as an immigration paralegal handling employment-based NIV and IV cases. Prior experience should include demonstrated ability to manage large caseload, while effectively/accurately preparing wide range of employment-based immigrant and nonimmigrant petitions, with strong emphasis on H-1B and L-1B matters. Experience with PERM, I-140, adjustment of status, and complex RFE responses essential. Successful applicants will possess thorough knowledge of immigration law and procedure, excellent writing, communication, organizational, and computer skills, and ability to conduct legal research, analyze issues, and effectively interact with corporate petitioners, beneficiaries, and law firm staff. Five years of prior experience, a four-year college degree, and solid references required. Goel & Anderson is a nationally recognized business immigration firm that offers an outstanding compensation and benefits package. Apply with resume, cover letter, + salary req. to Principals only. No phone calls.

Help Wanted: Immigration Attorney
Long time NYC practitioner seeks young lawyer as associate (or not so young) with or without own practice to work with a view towards parnership and sucession. I wish to work less now and much less later but not retire completely. Harry DeMell (212) 732-2767.

Help Wanted: Immigration Attorney
Small Northern Virginia immigration law firm seeks associate with 2+ years experience in Immigration Court/BIA litigation. Good writing skills. Spanish speaking preferred. Salary commensurate with experience. Good benefits. Send resume 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.

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


Chris Simcox Wants To Dethrone Mccain
Many Arizona conservatives would like nothing more than to see Sen. John McCain knocked off in a Republican primary.

Mentally Ill And In Immigration Limbo
Jiang's journey - from a village in China to restaurants in Brooklyn to a bare jail cell in South Florida in the custody of Immigration and Customs Enforcement - illustrates the vulnerability of the mentally ill in the immigration system, advocates say.

Wind Of The Spirit Immigration Forum Brings Out Experts On 287(G) In Morristown
When it comes to 287(g), the federal law that allows local police to act as deputized immigration officials, Morristown Mayor Donald Cresitello's stance has become a reflection of how complicated immigration reform can be.

[NY] Sen. Chuck Schumer Hopeful Immigration Reform's On Way
Sen. Chuck Schumer arrived at the Daily News/Citizenship Now headquarters with praise and some good news a prediction that sweeping immigration reform will pass within the year.


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

New Partner - Nashville, TN
Bruce Buchanan was elected as a partner with King & Ballow in Nashville, Tennessee. Mr. Buchanan is in charge of the firm's Immigration Section and a member of the Labor/Employment Section. He represents employers and individuals in immigration law as well as employers in labor and employment law. He is the editor of Employment Law Comment and the TBA's Labor and Employment Law Section Newsletter.


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

Dear Editor:
I would like to be the first of its readers to congratulate Immigration Daily on its 10th year in continuous daily publication (see 05//04/09 ID comment). Over the years, ID has provided its readers with accurate information, great seminars, an avenue for legal advertising and a forum for the free expression of differing opinions on immigration matters. Along with me, I hope other readers appreciate the tremendous amount of work and effort it takes to put out a daily publication of the quality of ID, while maintaining a professional balance in presentation. You've come a long way, ID. I look forward to many more years of your publication and devoted service to the immigration community.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
How about we have a March for all the inmates in all the prisons and demand the congress to change all the laws so that these "poor babies" could all be freed and go home to their loved ones and start to work and provide for their families. all of you immigration lawyers out there, you know better than anyone if it's against the immigration laws to enter this country illegally.

Chia-Li Sung

Dear Editor:
This is with reference to Mr Sheplov's letter (5/1/09 ID). I must say, it took me a while to sort through all of his letter's contentions. If I read it correctly, his letter implies that an alien present illegally in the US, by virtue of having entered into matrimony with a US citizen, should be absolved of prior immigration infractions. I don't particularly have a problem with that. After all this is in the context of making compliance with immigration law a negotiable matter. Besides, the overriding concern here, justifiably, is to make life easier for the US citizen in question. Mr Sheplov's letter goes on to suggest though, tangentially in my opinion, one or both of the following. 1. a marriage based on courtship outside the US or in cyberspace is somehow more objectionable, legally, than a marriage based on courtship on US soil made possible by violating US immigration law. 2. a marriage between two aliens is somehow more objectionable, legally, than a marriage where one of the persons is a US citizen... period. I can't say which, but I have a problem with either.

Trivikram Krishnamurthy

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. 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