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Immigration Daily

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Immigration Daily May 21, 2009
Previous Issues
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Deja Vu Enforcement

The Washington Post points out that President Obama's immigration enforcement policy differs little from that of President Bush. "Although President Obama has spent much of his time in office moving away from the policies of his predecessor, on immigration enforcement, he has embraced several Bush administration initiatives, and the changes he has promised to make are couched in nuance."

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Today Is Deadline For Consular Processing For Experts

Today is the deadline to sign up for our new 3-part telephone seminar series "Consular Processing For Experts", the curriculum is as follows:

FIRST Phone Session on May 21: Expanded Attorney Vulnerabilities in International Practice)

  • Mitigating the loss of Attorney-Client Privilege - is there still any Reasonable Expectation of Privacy in international communications?
  • Specific changes in FISA law impacting international lawyers - risks associated with Attorney-Client communications and records systems.
  • The expanded Visa Waiver Program (VWP) - the new ESTA background check system, what gets checked, and derogatory information in DHS data banks.
  • Reviewing VWP and B-1/B-2 applications for 9 FAM grounds of inadmissibility
  • Sec. 214(b) and 221(g) grounds of inadmissibility - differentiating the routine from the permanent - how to deal with Category 1 and Category 2 visa denials.
  • Anticipating the Security Advisory Opinion (SAO) - when and how to communicate with the Visa Office.
  • Discussion of select consular posts
  • Hot topics update
SECOND Phone Session on June 11: A New Universe of Risks - "Random" Audits by Federal Document and Benefits Fraud Task Forces
  • Hard lessons from the al-Haramain and Kuene Cases - Targeted Surveillance of Attorney-Client Communications and Task Force "Sting" Operations against Attorneys with Foreign Clients
  • Practice before multiple agencies pose special risks for immigration attorneys - risks and duties of lawyers along the lifespan of exposure from initial client contact to disposal of closed case records. Multiple agency data mining and information sharing of records obtained in the US and abroad.
  • Everyone's at Risk - random document and benefits fraud audits, ICE data mining process, profiling programs. Avoid being selected for "random" audits.
  • H and L cases, LCAs, evaluations, corporate records - prime targets for joint State Dept DS and DOL investigations, DBFTFs, and other multiple agency task forces.
  • The expanding view of attorney culpability and mandatory Due Diligence requirements in all practice areas before federal agencies -
  • Discussion of select consular posts
  • Hot topics update
THIRD Phone Session on July 16: Consular Posts: Know Your Red Flags and At-Risk Clients. Do Your Due Diligence Like Your Career Depends on It
  • Avoiding Audits and Task Forces: Best Practices in an Environment of Data-Mining and Surveillance of Immigration and Consular Applications
  • Background Checks of Non-Immigrants and Immigrant Visa Applicants - Who Gets Checked, How it Gets Checked, and What to Expect
  • Specific systems and criteria that State Dept. visa officials and USCIS examiners use to identify problems
  • Law Firm Risk Management of high-risk clients
  • Profiling and red flags that DOS and various federal agencies use to assess the persons and entities they investigate
  • Resources for attorneys to develop their own risk assessments, and a practical guide to risk factors and self-audits. Guide to approaching cases like a consular examiner or USCIS examiner
  • Lessons learned from Anti-Money Laundering (AML) and counter-party risk reduction programs of large international banks and accounting firms to reduce/mitigate the risks counsel is ensnared in government databases and potential investigations
  • Approaches for solo practitioners and small companies to develop in-house systems to identify and mitigate risks
  • Discussion of select consular posts
  • Hot topics update
Don't wait to register, Wednesday, May 20th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


Perspective - Pundit In Wonderland
Sheldon Richman for the Foundation For Economic Education write "In 1988, fully 59 percent identified themselves as haves and just 17 percent as have-nots. This summer, just 45 percent of Americans called themselves haves, while 34 percent called themselves have-nots. "

Bloggings On Immigration Law And Policy
Greg Siskind writes "A new poll from Bendixen and Associates of 800 Hispanic voters across the country reveals an electorate that is leaning Democratic, but one that is very concerned over how the Democrats are handling the immigration issue. "

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Neufeld Memo On I-90 Processing
Donald Neufeld, Acting Associate Director, USCIS, published a memo providing revised guidance on adjudication of Form 1-90, Application to Replace Permanent Resident Card.

USCIS Updates H-1B Counts
USCIS announced that as of May 18, 2009, approximately 45,500 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.


Help Wanted: Immigration Attorney
Atlanta, GA - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Southeast Region. Responsibilities include, but are not limited to, providing legal advice to the Atlanta, GA and other field offices within the District on immigration benefits and related matters including adjudications involving issues of national security. Applicants must possess JD degree, be an active member of the bar and have 1+ years of post JD experience. For more info, key in Job Announcement Number: COU-CIS-2009-0004 at Submit cover letter demonstrating specific skills, experience, and interests qualifying candidate for position. Applicant should list references but recommendation letters not necessary. Applicants must also submit a resume + writing sample (max. 10 pps) to: Michael P. Conricode, Regional Counsel, USCIS, Southeast Region: Must be received by close of business Friday, May 22, 2009. Position is at the GS-13-GS-15 levels. No relocation reimbursement expenses available.

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.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.

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


Immigrants Not The Source Of Unemployment
Recent immigration is not leading to a rise in unemployment of natives in the United States. Such was the conclusion of two reports issued today by the Immigration Policy Center.

Immigration Enforcement Targets Employers
Homeland Security chief Napolitano says the agency will step up employment verification efforts using the controversial E-Verify system

Oakland High School For Immigrants Wins Grant
An Oakland high school focused on newly arrived immigrant students - they hail from 25 countries and speak 29 languages - is part of a school network receiving a national award today for success in integrating immigrants into the fabric of American society.

US Immigration To Naturalize Troops In Afghanistan
US citizenship applications from 125 members of the US military are to be processed in Afghanistan by US Citizenship and Immigration Services (USCIS) officials.


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

Immigration Event
CIS Ombudsman's teleconference on "USCIS Change of Address: How Is It Working For You?" -- May 26, 2-3 pm EST. For more info see


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

None today.

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