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Immigration Daily

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Immigration Daily August 3, 2009
Previous Issues
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Birthers Bolster Democrats

There are reasons why it is in the interests of President Obama and his party to do nothing whatsoever to shut The Birthers up. In the first place, there is absolutely nothing that Mr. Obama could possibly do that would satisfy the conspiracy theorists, their loud protests that they would shut up if they could see the alleged long form birth certificate notwithstanding. Secondly, every quantum of energy they spend on opposing Mr. Obama on this account, is one less quantum on opposing Mr. Obama on health care, climate change, or any other issue of importance to Democrats. Thirdly, Mr. Obama could not invent more ridiculous opponents no matter how hard he tried, and the Republican brand comes across as ludicrous the more closely it is identified with The Birthers. Any moves against this fringe group (hundreds of thousands of nut cases, no doubt) will have to come from within the ranks of conservatives and Republicans. We are holding our breath.

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The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010 Edition, shipping now, is as follows:

Chapter 1: Argentina - Buenos Aires, By Christi Hufford
Chapter 2: Armenia - Yerevan, By Alice Yardum-Hunter
Chapter 3: Australia - Sydney, By Noah Klug
Chapter 4: Brazil - Sao Paulo, By Kristina Rost
Chapter 5: Canada -Toronto, By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing, By Frederick W. Hong; Guangzhou, By Jakob Lipman and Adam Lee; Shanghai, By Christy Nguyen
Chapter 7: Colombia - Bogota, By Luis A. Pinilla
Chapter 8: France - Paris, By Curtis Pierce
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath; Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince By Jose E. Latour
Chapter 11: India - Chennai, By Vic Goel; Kolkata, By Poorvi Chothani; Mumbai, By Priscilla Jones; New Delhi, By Poorvi Chothani
Chapter 12: Jamaica - Kingston, By Claire D. Nilson
Chapter 13: Nigeria - Lagos, By C. Valerie Ibe
Chapter 14: Philippines - Manila, By Emmanuel S. Tipon
Chapter 15: Taiwan - Taipei, By Lesa M. Lawrence and Jessica L. Rodriguez
Chapter 16: Trinidad and Tobago - Port of Spain, By Claire D. Nilson
Chapter 17: United Kingdom - London, By Edward S. Gudeon
Chapter 18: Vietnam - Ho Chi Minh City, By Marc Ellis

Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

Selected excerpts and documents: Statutes, Regulations, Foreign Affairs Manual, Forms, Executive Orders, Department of Commerce, Department of Homeland Security, Department of Justice, Department of Labor, Department of State, Bureau of Labor Statistics, Customs and Border Patrol, Citizenship and Immigration Services, Government Accountability Office, Federal Bureau of Investigations, Immigration and Customs Enforcement, Internal Revenue Service, The White House, ILW.COM, Miscellaneous, Web Links

For contributor bios, more info, and to order, please see: . Or for fax, please see:


What Has Happened To VAWA?
John Wheat Gibson writes "Unfettered by law, BCIS bureaucrats have converted the Violence Against Women Act and the Battered Immigrant Women Protection Act into a David Lynch movie script."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "Why the rush to put the immigration squeeze on now? Is this a cynical and heartless ploy to appease and co-opt the xenophobes in advance of the push this fall for comprehensive immigration reform?"

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "For the first time in recent memory, USCIS has been reporting an actual decline in the H-1B count from previous weeks."

To submit an Article for consideration, write to


DOJ Immigration Litigation Bulletin: Dec 2007
The Department of Justice Office of Immigration Litigation released the Dec 2007 issue of its publication, Immigration Litigation Bulletin


Help Wanted: Immigration Attorney
Midtown NYC - Attorney for nationally recognized immigration firm specializing in immigration for physicians, scientists, and business professions. Will train but experience with O-1's and EB-1's a plus. Please send resume + writing sample 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.

Website Services
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It's Certifiable
The birthers have managed to sow confusion in the minds of some who are not lunatics, and for the latter groups benefit it is worth clarifying matters.

Immigration Rights Activists Retool Reform Efforts
Activists disappointed that the Obama administration has not given immigration top billing are trying to yank the issue off the back burner by pressing ahead with lobbying and legislation plans they hope will reinvigorate reform efforts.

Program Helps Lift Immigration Burden Off Youths
Today, lawyers for the nonprofit Gulfcoast Legal Services announced a children's immigration legal defense program, GLS Child, which is designed to help youngsters like Medrano who face immigration problems.

Where Is Obama's Outrage Over The Murder Of U.S. Border Agent Rosas? His Silence Is Deafening
There is absolutely no justification for not discussing this murder and the crime that is going on at our borders.


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

Dear Editor:
The Wall Street Journal's web feature, Best of the Web Today, July 30th piece entitled "It's Certificable" puts birtherism to rest, to bed and all the rest of it. I also have to admit error in reading it. I was so contemptuous of the "birther" conspiracy claims that I stopped reading the claims and assumed jus sanguinis (that is citizenship by parentage) settled the issue. James Taranto's comprehensive but fair minded (and therefore more devastating) take-down of "birther" (isn't that derogatory gay slang for heterosexuals?) theories is excellent and should be published in ID.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I am planning to interrupt writing to ID during August. By September, we will see how much progress Southern racists in Congress make in gutting any attempts at immigration reform, just as previous Southern racists blocked civil rights legislation for so long. On a different topic, I have recently received several USCIS California Service Center notices purporting to deny applications to change to or extend visitor status by applicants who had already left the US prior to decision. In some cases, the CSC had previously been notified by mail of the departures. It should also be able to check Department of Homeland Security departure records. The denial notices falsely accused applicants who had already left the US of being unlawfully present in this country, something that can have potentially serious immigration consequences, and threatened to institute removal proceedings against people who were no longer here (or, in one case, someone who had left and later returned in a different lawful status). Under USCIS regulations, departure from the US automatically terminates an application to change to or extend visitor status. Therefore, these applications were no longer pending at the time of the purported denials. These denial letters are nothing but attempts to intimidate people who make legitimate applications. This reckless disregard of the truth by the CSC also seems to be intended to make it falsely appear that people who have fully complied with the law still have a negative immigration history, unfairly causing them possible future problems. Congress should investigate this evident abuse of power, which only serves an anti-immigrant agenda.

Roger Algase, Esq.
New York, NY

Dear Editor:
Glad to see today's editorial on Southerners and Immigration (08/03/09 ID comment). It is, indeed, very sad to see the extremists in the Republican party descending to fit-throwing, vituperations and similar child-like behavior when they don't "get their way." - and apparently to persuade others in the party to similar actions such as voting in a party bloc against one of the most qualified candidates for a justice of the Supreme Court we've had in recent history; declining an invitation from the National Council of La Raza, particularly when this invitation was issued after a GOP member made ridiculously inflammatory remarks about NCLR as being equivalent to the Ku Klux Klan; bound determination to see President Obama fail when that failure would be all of ours as well; and on and on. The GOP seems to have a death wish. Hopefully the more enlightened among them will take advantage of upcoming immigration legislation to be more thoughtful in their evaluations of what's ultimately needed and good for the country.And, hopefully, they will contribute to a final product which affords workable solutions to our immigration ills -- solutions which reflect our nation's values and which move us forward together as a nation. In remembrance of Enrique.

Name Not Provided

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