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Immigration Daily

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Immigration Daily June 16, 2009
Previous Issues
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Supremes Silent On Border Fight

The Associated Press reports " The Supreme Court on Monday refused to get involved in local Texas governments' fight against hundreds of miles of fencing along the U.S.-Mexico border." For the full story, see here.

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


Citizenship for Beginners

The curriculum for our new 3-part telephone seminar series "Citizenship for Beginners" is as follows:

FIRST Phone Session on June 17:

  • Why is citizenship important? No issues on admissibility, "sponsorship" of family, eligibility for jobs, protection from removal, rights of LPRs vs. USCs
  • How does one become a citizen? Birth, children of diplomats, naturalization - a general overview
  • The English language requirement, N-648, the new "civics" exam
  • The Child Citizenship Act of 2000
SECOND Phone Session on July 8:
  • Naturalization requirements: LPR status, state residency, continuous residence, physical presence, and preserving residence for naturalization purposes, document, intent, 4-year rule
  • Definitions and standards: Criminal convictions, post conviction relief, good moral character, statutory period, expungements, motions to unseal, coram nobis
  • Risks of making application: Grounds for removal
  • N-336 the necessary evil
  • Going to court for background check delays not hard
THIRD Phone Session on August 5:
  • Citizenship through birth outside of the US
  • How to discover if one derived US citizenship? - How to read and use the charts on derivation
  • Proving the claim - Residence and Physical presence
  • Does USCIS recognize dual citizenship? Why? so what?
Don't wait to register, Tuesday, June 16th is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


Practical Implications Of The WHTI
Scott Stewart and Fred Burton for Stratfor write "One of the benefits of the WHTI is that it will now force those wishing to obtain genuine documents by fraud to travel to a higher level it has, in effect, upped the ante."

Adjusting Under 245(a) Despite Having Entered Using A False Identity
Adam Ketcher writes "For purposes of this article, let us assume that a hypothetical client walks in to our office with evidence that he has entered the United States as an eleven-year old child through a B-2 visa that had been stamped into a photo-substituted passport from a country other than his own native country."

Bloggings On PERM Labor Certification
Joel Stewart writes "PERM cases may be filed under second preference, but only if the applicants (and their PERM cases) show that the aliens qualify as persons with advanced degrees or exceptional ability." To submit an Article for consideration, write to


Supremes Reject Categorical Analysis In Aggravated Felony Case
In Nijahwan v. Holder, (No. 08-495) (Jun 15, 2009), the Supreme Court in an unanimous decision said that "the "fraud and deceit" provision before us calls for a "circumstance-specific," not a "categorical", interpretation."

DOS Says More Passport Offices To Come
The Department of State announced plans to expand the existing network of 21 passport agencies and centers nationwide.

DOJ Immigration Litigation Bulletin: September 2007
We carry the September 2007 issue of The Office of Immigration Litigation Bulletin.


Help Wanted: Immigration Professional
U.S. Committee for Refugees and Immigrants (USCRI), an Arlington, VA not-for-profit national organization dedicated to addressing the needs and rights of refugees and immigrants, is seeking a highly motivated proven leader to serve as Vice President. Responsibilities include oversight, implementation, and accountability for quality of programs and delivery of services. The Vice President reports to the President and CEO and works as part of the Senior Management Team. Strong and significant experience in program growth, development of proposals, project design, implementation and management, is required. He/She will have budget, fundraising and supervisory responsibilities. For a more detailed job description and application process please visit job openings at

Help Wanted: Immigration Paralegals
Leading immigration law firm, Foster Quan, LLP, seeks experienced immigration legal assistants for its Houston and Austin, TX offices. Applicants must have two years of employment based immigration experience. A university degree is required, as well as strong writing and communication skills and proficiency with Microsoft Word, Outlook and Excel. Foreign language fluency is preferred. Must be detail oriented, able to multi-task and have strong analytical and organizational skills. Send resume and cover letter via e-mail to, referencing the position title in the subject line.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

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.


Keeping Faith In President Obama's Immigration Reform Vows
Poll after poll has shown that a White House effort to solve the immigration crisis would be supported by at least 60% of the American people.

Mexican Police Fleeing Cartels Find U.S. Reluctant To Grant Asylum
Some who have come to the U.S. to escape the dilemma find the system unsympathetic.

Immigration Files Will Get New Home In Lee's Summit
The difference the transfer between agencies makes is that the A-files will now become easily accessible to the general public without having to file a Freedom of Information Act request.

Being Pro-Life Means Working For Immigration Reform
But we can't ignore people in need, and we won't be quiet about laws that don't work-- or that, in their "working", create impossible contradictions and suffering.


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

New Offices - Laurel, MD
Attorney Francine L. Applewhite is happy to announce that her Immigration Law Practice, is now located at the Law Office of Francine L. Applewhite, 4900 Riding Ridge Court, Laurel, MD 20707. 240-593-6308. Attorney Applewhite is an experienced immigration law practitioner assisting clients in all areas of immigration law.


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

Dear Editor:
It is obvious from Honza Prchal's letter (06/15/09 ID) that he was not in the US during the Civil Rights protests and the eventual passage of the Civil Right Act in 1964. While bussing is not necessary today, back in the 1960's it was necessary to achieve the type of results we now see, which is comparative harmony between blacks and whites, rather than the disharmony of the 1960's. The letter's comment that "Black children do not need to sit next to a white student to learn." is about as raciest a statement as I have ever heard. That was the exact argument of the racists in the '60's. During segregation, black children were not allowed to sit next to white children; they were not allowed to ride in the front of any bus, not allowed to use the white restrooms at gas stations, not allowed to stay in white hotels, to eat at white diners, or attend white schools. Back then, whites knew nothing about blacks and feared them. Mr. Prchal's statement that, "Race-neutral criteria are what we need, whether the results are de facto unequal should be of no consequence in our public policy - that's what the Civil War was about after all about." resounds racism as well as ignorance of true American history. The civil war was not about race relations. True, the slaves were black, but the political motivation was that the agrarian South that depended on cheap slave versus the more powerful industrialists of the north, where there were few if any slaves in the factories, who did not care so much to abolish slavery, but to preserve the Union from separation. But that's not the way it is written in the traditional American text books, which paint it with more noble reasons.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
The killing at the Holocaust Museum was terrible and is a good reason for all people of good faith to re-examine their assumptions for smaller versions of the same demons that drove the shooter, but Roger Algase's letter's attempts of June 12 and 15 to tar all white Christians as somehow having much in common with the killer is in poor taste. In response to his letter's rhetorical question "imagine what the outcry would have been if the killer had been a Mexican, especially an illegal one, instead of a native-born American who happened to be an admirer of Adolf Hitler?" I pose the necessary counter-question, imagine what the outcry would have been if the Reverend Jeremiah Wright had not slandered Jews keeping Obama from answering his phone calls the day before? I expect that the more excitable among the leftist pundits would have been blaming John McCain and George W. Bush for the shooting. Anti-Semitism is always poisonous, but politically it veers from right to left and back again, maintaining a steady presence across the political spectrum since there have been Jews on the planet. If one is to be distasteful enough to throw stones at mainstream politicians or broad classes of people, one should beware the potential for friendly fire, as it were. Racism is a sin. As such it is individual and not the exclusive domain of any race, religion or political grouping. It is blessedly rare in the United States and using something as dreadful as the attack on the Holocaust Memorial to smear opponents of immigration reform or Christians or whites by association is both a manifestation of the same failing and unlikely to garner support for overhauling our foolishly micromanaged and Kafkaesque immigration laws.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Honza Prchal's (06/15/09 ID) letter shows surprising ignorance of the legal history of school segregation in America, especially in view of the fact that he is an attorney and that his letters come from Birmingham Alabama, a city that is not exactly unconnected with this country's record of racial discrimination. His letter states that a black child does not need to sit next to a white child to learn. This statement would take us all the way back to the "separate but equal" doctrine of the 1896 Supreme Court case of Plessy v, Ferguson, which upheld state school segregation laws based on precisely the same rationale. However, the purpose of these laws, as everyone in America knows, was not to promote color-blindness or race-neutrality, but exactly the opposite, namely to brand black children as inferior and unfit to learn next to white children. For this reason, the 1954 Brown v, Board of Education decision overruled Plessy v. Ferguson and held that separate eduction was inherently unequal, because it instilled a feeling of inferiority in black children that made it more difficult for them to learn. Even the most rabid opponent of immigration would not (at least openly) advocate returning to the immigration laws that were in effect in 1896, because of the explicitly racist Chinese exclusion laws that were in full force and effect at that time. But these laws were merely the corollary of the Jim Crow system of oppression against African-Americans that the school busing which Mr. Prchal's letter opposes in the name of ''race neutrality" was designed to help dismantle. The last thing America needs is to return to that dismal time, under the false pretext of being ''color blind". I appreciate Robert Gittelson's letter's kind comment (06/15/09 ID) about my letters of last week. I hope this week will be a good one too.

Roger Algase, Esq.
New York, NY

Dear Editor:
I enjoy ID particularly the comments/articles by various professionals who share their knowledge without limitation. One of our colleagues who is your subscriber is also known for his helping hand to many immigrants and asylum seekers. I thought, with his permission of course, to let you know about his future intentions: He is my attorney known as Imtiaz s. Syed practicing in lower Manhattan, New York. He is running for Public Advocate in New York City as Democrat. Public Advocate is president of legislative City Council comprising of 51 City Councilors. He also acts as Ombudsman for the agencies run of Mayor of NYC. He intends to make the Mayor's Immigration Project more effective in resolving the problems of various applicants in immigration and naturalization process by creating an effective link between applicants of NYC and USCIS.. He is lobbying for Dream Act to be enacted via Executive Order so that thousands of teenagers without SSN and work authorization could go to school/universities. Good enough. I need your help relating to his stand on DV Lottery Visa. I came to this country on this visa. He thinks that DV Visa Lottery be abolished and the resultant quota be added back to the pool to facilitate and reduce the waiting time for the families of immigrants. Is DV Visa useful?

Sabir Hussain

Dear Editor:
Responding to Prchal's letter (06/12/09 ID), racism and this immigration debate will surely end if anyone trying to put their feet on others' shoes. Humanity can no longer survive if we let ignorance, hatred, division, greed and bigotry thrive. I am tired of ones who put double standard on human rights of survival and seeking happiness, freedom, prosperity and better opportunities by justifying their own rights and their past ancestors' rights for doing so but denying others today to do the same and shamefully many cherry pick religious verses to justify their hypocrite and selfish stand. It's still illegal for gays to get married in some states, gays are hanged in Iran and many other Islamic nations ruled by strict Sharia because it's an abomination and immoral but it doesn't mean our common sense tells us it's perfectly acceptable and just. We have our own problem with religious fundamentalists here at home who balk about gay couples demanding equal rights including marriage by calling it destroying the "sanctity of marriage" but say none about sex outside marriage nor whether they must support on divorce ban by immature and selfish parents who do a lot of harm to their children. It's also mind boggling for me with a President and future coming female Latina justice, we still justify reversed racism called affirmative action. President Obama and Justice Sotomayor must defend justice and equal rights for all Americans by abolishing affirmative action for good. A nation ruled by meritocracy with no favoritism based on skin color and race for any reasons. We need much more common sense approach in our reform on welfare, immigration and any other issues and policies here.


Dear Editor:
In answer to Roger Algase's letter's recent question (6/12/09 ID) "Why is it that our Department of Homeland Security is too busy fining or investigating employers who hire immigrants and building fences to nowhere along the Mexican border to track down home-grown right wing terrorists and protect us from them? I offer this wisdom from Eduardo Galeano in his recent book "Mirrors" "The Devil is Foreign"..."the blame-o-meter indicates that immigrants have come to steal our jobs, and the danger-o-meter is flashing red. If poor, young, and nonwhite, the intruder from outside is deemed guilty at first sight, guilty of idigence, of chaos, or carrying the unconcealed weapon of his skin. If neither poor nor young or dark, a nasty welcom is justified in any case, since he or she come prepared to work twice as hard for half as much.

Sergi Sheplov

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