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Immigration Daily July 21, 2009
Previous Issues
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RFEs And Hypocrisy Among The Antis

In an article about the shooting tragedy in Binghamton, New York, a posting on the anti-immigration NumbersUSA blog argues that the tragedy should not lead to sweeping generalizations. The posting says: "Just as immigration policy should not be based on generalizations from anecdotes of abysmal immigrant behavior, neither should it be based on generalizations from exemplary individual behavior." We have two general comments on this superficially laudable point on sound policy-making.

Firstly, the antis are being hypocritical on this issue (this is business as usual for the antis). The antis consistently use the 9/11 terrorists as examples of why we need to tighten up our immigration procedures, and reduce immigration benefits. This is policy making by anecdote, the very thing that the blogging appears to argue against. In a steady and unrelenting barrage of reports, articles, bloggings, press releases, testimony to Congress, and every form of media and publicity presently known, the antis have used the 9/11 terrorists to argue for all manner of restrictions, obstacles and harassments for US citizen family members of immigrants, US employers of immigrants, and immigrants themselves.

Now this is all well known, but we believe it bears repeating due to the current RFE tsunami unleashed by USCIS. Apparently, USCIS has argued that better anti-fraud measures are necessary, and we have received reports of the inevitable 9/11 terrorist excuse for the RFE flood. We believe that it is common sense that out of 1 million applications processed, 1 terrorist may, thru fraud and misrepresentation, make it thru to receiving the benefit. 1 out of a million is better than Six Sigma even (Six Sigma is 3.4 defects per million). The gold-plated US industrial standard for quality is apparently not good enough for USCIS. We believe that USCIS should be forthright in admitting to Congress that it cannot perform better than Six Sigma, and that 3.4 terrorists per million applications will likely make it to the benefit stage, and that Congress should, consistent with the layered approach used in anti-terrorism, adequately fund and direct another body to hunt and take out these terrorists (in other words, USCIS is not an anti-terrorist agency, and should admit as much). Furthermore, Congress does not have to look far for such an agency, nor for money for such an agency, since a ready-made answer exists in the shape of ICE. We believe that ICEs overarching mission should be to go after terrorists, and leave the undocumented and their employers alone. We believe that responsibility for the next terrorist attack on US soil will lie primarily at ICEs door. Rather than USCIS officials having to answer Congress and the country for why the terrorist had this or that visa, ICE officials will have to justify why they were raiding janitorial companies and restaurants while terrorists were roaming free inside the United States. It is only because immigrants dont have the vote that the current double tragedy is playing out the first being the plight of those caught in USCISs pointless RFE nightmare and the second being the sad situation of the American public being left undefended against terrorism by ICEs equally pointless crusade against landscaping companies and hotels.

Returning to the blog posting on the NumbersUSA site, we have another comment. Politics is about communication, as it should be in a democracy. To use anecdotes is a perfectly good way to educate anyone about a point, as Harvards popular "case study" method shows. Indeed, in all manner of vexatious public policy disputes, from health care to climate change to the economy, and everything else besides, Americans are subject to a bombardment of anecdotes from all points of view in the debate. To suggest that immigration should be exempt from anecdotes is the second bit of hypocrisy by the antis in one blog posting.

To state our views in the positive, we believe that sound immigration policy should be based on all the evidence, and not on anecdotes (hence the USCISs excessive security measures are unjustified, and ICEs under-emphasis of its counter-terrorism measures is dangerous to the country). But we also believe that anecdotes are appropriate in the public debate and support what the blogging laments: "a Vietnamese graduating as valedictorian from high school becomes proof of the need for the DREAM amnesty. And Chinese engineers working in Silicon Valley and obtaining patents for inventions become proof of the need for more H-1B visas".

A final thought: there is a simple reason why the antis pile hypocrisy upon hypocrisy. The fact is that there is no American argument against immigration. Anti-immigration positions are un-American. And on that Apple Pie and Motherhood note, we urge our executive branch agencies to follow in the American tradition to USCIS: welcome immigrants and to ICE: hunt terrorists.

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


Asylum For Experts

ILW.COM is pleased to announce a new 3-part telephone seminar series "Asylum For Experts" with David L. Cleveland (discussion leader), Ashley Huebner, Nancy Kelly, Jeffrey Martins, Brian E. Mezger, Alan Parra and other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on July 22: Harm and Motive

  • Economic harm: when does it "rise to the level of persecution"?
  • Emotional harm: how to demonstrate it without an expert
  • Physical harm
  • Abortions, IUDs, and "added" children
  • Ostracism and other types of harm
  • Proving motive of the persecutor
  • "at least one central reason" means what?
  • Corroboration: what evidence will impress the adjudicator?
  • Recent case law
SECOND Phone Session on August 19: Bars to Asylum and Particular Social Groups
  • Internal relocation
  • The one-year deadline
  • Firm resettlement
  • Persecutor of others
  • Material support: when is giving under duress a defense?
  • Domestic violence: my husband beat me
  • FGM
  • Recruitment by a gang
  • Juveniles
  • Other particular social groups
  • Recent case law
THIRD Phone Session on September 16: How to Impress the Adjudicator
  • How to get letters from the old country
  • Country conditions information from where?
  • How to interrupt the Asylum Officer
  • Give what kind of documents to the IJ? Objections to DHS documents
  • How to demonstrate harm, How to prove motive; How to avoid inconsistencies
  • How to frame a "particular social group"; Is client a member of more than one particular social group?
  • What if client has a bad memory and has a "flat" affect?
  • DHS attorney and IJ relations
  • How to make a record for the BIA
Don't wait to register, Tuesday, July 21st is the deadline. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form:


The Environmental Argument For Reducing Immigration To The US
Winthrop Staples III, and Philip Cafaro for the Center for Immigration Studies writes "At the current level of 1.5 million immigrants per year, America's population of 306 million is set to increase to over 700 million people by 2100."

The Growing Relevance Of The J-1 Visa
Melany Hamner writes "In a global climate where diplomatic relations and foreign affairs heavily influence a country's peace and prosperity, the Department of State views the J-1 visa primarily as a tool of diplomacy."

Bloggings On PERM Labor Certification
Joel Stewart writes "The PERM Law and BALCA decisions are replete with the term "training," but in the same authorities there is no concensus about what it means."

To submit an Article for consideration, write to


ICE Announces Conviction Of Visa Fraud Kingpin
ICE announced that the leader of a widespread visa fraud conspiracy in Hampton Roads, Va., was sentenced Friday to 87 months in prison.


Help Wanted: Immigration Attorneys
Midtown Manhattan - Boutique law firm seeks two attorneys: 1) Senior attorney with 3-7 years experience to manage own caseload of employment-based immigrant and non-immigrant visa petitions for a wide range of professionals, including research scientists, artists/designers, athletes, IT professionals, etc, family-based petitions, motions & EOIR matters. May also handle some litigation matters. 2) Junior attorney with 1-3 years experience to assist Senior attorney with business & family immigration matters and handle personal injury/no fault and matrimonial litigation. This position requires admission to NY Bar; admission to NJ Bar is a +. Both positions require great initiative and follow-through, as well as excellent writing and interpersonal skills. Ideal candidates will have graduated in the top 1/3 of their class and have Journal experience. Salary DOE. Please email cover letter and CV to

Help Wanted: Immigration Paralegals
Downtown Washington, DC (K Street area) - Fast-paced boutique immigration law firm seeks legal assistants. 1-2 yrs exp req.d in business/family immigration law. Interesting work and clientele; no timesheets; latest technology; competitive salary and benefits (401K, health insurance, paid vacation, etc). Successful applicants will be detail-oriented, able to handle volume, highly organized and strong communicators. Email resume, cover letter and salary reqs to No calls please. EOE.

Help Wanted: Immigration Attorney
Lincoln, Nebraska - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Service Center Counsel at the Nebraska Service Center (NSC). Responsibilities include, but are not limited to, serving as an attorney providing legal advice to the NSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security; writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. J.D. degree, active bar membership by the entry on duty date. For full details enter COU-CIS-2009-0005 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references to All submissions must be received by close of business on July 17, 2009. GS-13/15, position open until filled. No relocation allowance offered.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


Nationwide Class Action Certified Over Immigration Fees
A Northern District of California federal judge on Thursday certified a nationwide class action on behalf of hundreds of thousands of immigrants who have been subject to allegedly illegal application fees.

U.S. Denying Sanctuary To Mexicans Fleeing Drug War
The family's asylum cases and interviews with six immigration lawyers handling others indicate that more Mexican refugees fleeing cartel violence will be sent back.

Immigration Protests Are Stupid
I have gone to none of the demonstrations/protests and will not.

Opinions Divided On Boycott Of Census
At the heart of an ongoing dispute over illegal immigrants and the upcoming national census seems to be the question of what it means to count.


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

New Offices - Boston, MA
Douglas Hauer recently formed a new entrepreneurial immigration law firm in Boston, Douglas Hauer LLC ( Doug also serves as Of Counsel with Liam Schwartz & Associates in Tel Aviv. Doug will focus on employment and family-based immigration, as well as on government investigations. His firm will represent corporate and individual clients. Before founding his firm, Doug was a Partner with Chin & Curtis LLP, a business immigration law firm in Boston. Doug may be reached at


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

Dear Editor:
I agree with Alice Yardham-Hunter's letter (07/20/09 ID) about the usability of the USCIS web site, which for the most part is difficult to manueuver and find what you want, even on a good day. If USCIS promises a service, they should deliver. Same for the State Job Agencies when you try to post a Job Order for a Labor Cert. What nonsense when it does not work, as happened to me in Florida, Texas and Georgia recently. Of course, the remedy when USCIS makes a mistake is to file late and then get denied and bring motion to reopen on the ground it was of no fault of the alien. But the filing fee is $585. There just ain't no such thing as justice. Maybe the Bush administration should have focused on the terrorists in governmental agencies that terrorize everyone using their power to control. And I agree with Honza Prchal's letter (07/20/09 ID) that Congress made it clear that USCIS be self supporting. And why not? Let those who desire the services pay for it, but also, let them demand quick and efficient service. No more bureaucratic nonsense. Each case should be assigned to a particular immigration officer who is responsible for the case and puts his or her name on it. No more annonymity. Name names and ask for responsible adjudication after all, to a degree, USCIS adjudicators are judges. And Roger Algase's letter makes good points (07/20/09 ID). DOL has really created a monster, destroying a system of LCA that worked perfectly and replacing it with a burdensome behemouth of bureacracy that serves nobody good. Why don't these buraucrats get fired?

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
It is my belief that documents for petitions, in this case a spousal petition, should be thoroughly reviewed and scrutinized before the petitioned party is instructed to undergo physical examination prior to interview. This is one way to avoid delay of the action on the petition. May I cite my case. I petitioned my husband who is in the Philippines, in February of 2007. After several months of waiting, my husband was scheduled for an interview in May 2008 where right there he was advised that he can't be granted a visa because I, the wife, did not terminate my first marriage. Of course it came as a blow because we knew that everything was OK. We were surprised that the Consul in the Philippine Embassy waited for the interview time to tell my husband about this. Were the documents presented to them or USCIS not enough proof of the dissolution of the first marriage? They could have notified us before they decided to schedule my husband for the interview. What I am trying to point out here is, every petition, whether it be for spouse, child, parent, etc. should be reviewed very carefully and ensure that all needed documents are in order before going on with the deciding process. This way, we spare all concerned the inconvenience and shorten the waiting period.

Z. Achurra
Panorama City, CA

Dear Editor:
Just want to respond to Dave's letter (07/17/09 ID) and his letter's statement, "We should only permit people into this country who can add value to it, not live off it's fruits and contribute nothing." What value has the letter writer added and what contributions has the letter writer made to society in the US?

Victor Johnston

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