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Immigration Daily August 6, 2009
Previous Issues
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Last But Not Least

In her first week at DHS, Secretary Napolitano issued about a dozen "action directives". The very last of these was on immigration. Perhaps this was just coincidence, or perhaps Ms. Napolitano believes that immigrants should be last in line for her attention after her other weighty duties have been handled.

We believe that DHS can and should take more muscular action to deliver immigration benefits. As Gary Endelman and Cyrus Mehta have argued, DHS acting alone without legislative intervention, can, within the four square corners of the INA as currently written, deliver decisive quantities of immigration benefits to the undocumented past, present and future. Legal work authorization and ability to travel, albeit upto one years duration only each, can be granted by DHS without any act of Congress.

The time is past when Ms. Napolitano and the Administration were new to the job, and deserved the country's patience. The country can now reasonably expect results from those whose office derives from the 2008 election. We urge those in the corridors of power in DC to take a close look at the article by Mr. Endelman and Mr. Mehta, and either through those ideas or otherwise, begin delivering substantial quantities of immigration benefits without delay.

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


Today Is The Deadline For Family Immigration For Beginners

ILW.COM's latest seminar is Family Immigration For Beginners, with speakers Douglas Hauer (discussion leader), Kehrela Hodkinson, Maria Frenn Kallmeyer, Eileen Morrison, Liam Schwartz and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on August 6: Overview of Family-Based Immigration, Basic Definitions in the INA and How to Complete and File a Form I-130

  • Who is eligible for family-based immigration sponsorship?
  • What is an immediate relative?
  • What is a "spouse" under the INA? Do same-sex spouses qualify for any benefits?
  • How does the preference system for family-based immigration work?
  • What is a "child" under the law?
  • How do you read the Visa Bulletin?
  • What countries send the most family-based immigrants to the United States?
  • How do you complete and document a Form I-130? Where do you file an I-130? When may you file an I-130 with a U.S. Embassy or Consulate?
SECOND Phone Session on September 3: Applying for Adjustment of Status and Consular Processing
  • Who is eligible for adjustment of status? How do you complete and file a Form I-485?
  • When would an individual apply for an immigrant visa at a U.S. consular post?
  • How do you complete and file a DS-230, immigrant visa application?
  • What role does the National Visa Center play in consular processing of family-based immigration cases?
  • What "red flags" should you look out for in preparing an adjustment of status or immigrant visa application?
  • How do you advise clients in providing evidence of the bona fides of a marital relationship?
  • How do you complete Form I-864? What documentation should you include to support a Form I-864?
  • When should you preemptively file a Form I-601 waiver request?
  • What is advance parole?
  • How do previous status violations and unlawful presence impact adjustment of status and immigration visa applications?
THIRD Phone Session on October 8: Important Strategy and Legal Considerations for Family-Based Immigration Cases
  • How does the law work with adoption?
  • What is conditional residence?
  • What do you need to know about I-751 petitions?
  • What happens when a petitioner in a family-based immigration case dies? Is there a process for reinstating a petition after death of the petitioner?
  • What dual representation issues arise in family-based immigration cases?
  • How do you prove familial ties in family-based cases? When do you need to rely on DNA testing to prove a relationship?
  • What does a sham marriage finding mean under INA 204(c)?
  • What if the sponsoring family member withdraws support of a petition before a green card process has been completed?
  • Should you ever question the authenticity of birth and marriage records?
  • Can an approved family-based petition be upgraded or downgraded?
Wednesday, August 5th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


Immigration Due Diligence: Costly To Ignore, But Not To Implement
Robert A. McGraw writes "As governments at all levels flirt with ever more punitive laws and regulations, other corporate leaders should follow his example, and take control of their hiring process on their own schedule and in accordance with the company's best interest."

Ignoring Real Privacy Problems
James Plummer for the Foundation For Economic Education writes "The folks who make up the behemoth known as the federal government have been fretting about privacy, especially Privacy in the Information Age."

Bloggings On Immigration Law And Policy
Greg Siskind writes "The ACLU has sent a letter to DHS Secretary Napolitano describing a hunger strike and claiming that solitary confinement is being used to punish detained immigrants who complain."

To submit an Article for consideration, write to


DOJ Immigration Litigation Bulletin: Feb 2008
The Department of Justice Office of Immigration Litigation released the Feb 2008 issue of its publication, Immigration Litigation Bulletin


Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys for its Refugee and Asylum Law Division in Washington, D.C. Responsibilities include, but are not limited to, advising the Division Chief, the Chief Counsel, and USCIS on issues relating to US immigration laws and international treaty obligations, and providing legal advice on domestic asylum law and practice, overseas refugee resettlement programs, temporary protected status, and the Convention Against Torture. J.D. degree, active bar membership, 1+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0007 here. Applicants must submit (1) writing sample (5 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on August 14, 2009. GS-13/15. Position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney with experience in immigration law and training for the Training and Knowledge Management Division (TKMD). Responsibilities include, but are not limited to, the development of course materials and delivering of instruction, developing and managing content with the USCIS Knowledge Management Center, and serving as an advisor to the Chief of the TKMD, the Chief Counsel, and to USCIS on issues relating to immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience and experience in classroom instruction required. For full details enter COU-CIS-2009-0006 here. Applicants must submit (1) cover letter (2) resume , (3) two writing samples (10 pps. max) to OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge Management Division, OCC, U.S. Citizenship and Immigration Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150. Applications faxed or submitted through USAJOBS will not be considered. All submissions must be received by close of business on August 14, 2009. GS-13/15. No relocation allowance offered.

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

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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete or fax your document at 818-907-9763.


Latino Immigration And Ethnic Profiling
The arrest of Henry Louis Gates has brought more mainstream attention to the racial profiling of African Americans, but police profiling of Latinos, ostensibly grounded in "immigration enforcement," has generated equally disturbing, and bizarre, results.

Pair Being Held On Immigration Charges File Suit
Two men being held on immigration charges have filed a federal lawsuit claiming that they -- and more than 1,000 people like them across Pennsylvania -- are being detained indefinitely with no chance to make bond.

Legal Immigrants Need Better Protection From Scams
In particular, citizens of other nations who are eager to immigrate lawfully to the United States can fall victim to people who offer solutions that are too good to be true.

Judge Refuses To Toss Racial Profiling Case
An immigrant-rights group has won a narrow victory in a civil rights complaint filed in response to Sonoma County's alleged practice of stopping and detaining Latinos in order to check on their immigration status.


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Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.


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

Dear Editor:
Regarding ID comment (08/05/09 ID) on president Obama continuing the immigration policies of the Bush administration, ID must never have read any of Carroll Quigley's writings. Professor Quigley (who was one of former president Clinton's law professors at Georgetown University) may have been conspiracy nut, but his words hold true even more today than when they were written in the 1960's. In 'Tragedy and Hope', he wrote: "The argument that the two parties should represent opposed ideals and policies, one, perhaps, of the Right and the other of the Left, is a foolish idea acceptable only to the doctrinaire and academic thinkers. Instead, the two parties should be almost identical, so that the American people can "throw the rascals out" at any election without leading to any profound or extreme shifts in policy."

Steve Landess
Austin, TX

Dear Editor:
Regarding ID comment (08/05/09 ID): Obama cant put Hispanics to the back of the line because we have always been put there since 1848. We can expect to be step kids to America while foreign immigrants are put in the front. All Hispanics citizens, natives are castigated as Aliens. Hispanics will not support Obama just to perpetuate Bush policy

Manuel Martinez

Dear Editor:
Si! to Carolyn J. Williams' letter (08/05/09 ID) for courageously standing up against the bigots who support America's own fascist sheriff, Joe Arpaio. Down with Janet Napolitano and her minions at ICE, who with their "enforcement" mania, are punishing employers for hiring anyone who speaks Spanish, and with their "inspection" obsession, are treating employers as if hiring legal immigrants is a crime.


Dear Editor:
The 287g should have been revoked immediately. It is creating havoc with the immigration community by separating families at a time when Comprehensive Reform is a few months away. Glad to see Sheriff Joe... go!

Rogelio Quesada

Dear Editor:
I was astounded to see that some letters (08/05/09 ID) call Sheriff Arpaio "a champion", a "brave American" or someone worth of admiration. Mr. Arpaio's techniques to punish immigrants are inhumane and in no way represent what American has stood for. How can we keep men, women, children, elderly under inhumane conditions for months and months? How can we allow officials to treat people like this? This is an abuse of power that must be stopped. These immigrants might have broken the law, but how can we blame them when the system itself is obsolete and inefficient. I understand that some people might be upset because they "made the line," yet how can we ask individuals who are fleeing wars, domestic violence, hunger and poverty to wait 10-20 years for their turn to enter this country. They are just looking for a better future, and they are not asking for a free lunch... they are actually working and contributing in a positive way to our communities. I recently saw the movie "The Least of These" (available online for free at This film exemplifies just one part of the reality of what is happening within our borders, the detention centers. I highly recommend it. For me, it was an eyeopener that helped me understand the urgency of an immigration reform. The movie is fantastic and hopefully it will serve the purpose of raising awareness of what is truly happening with immigration enforcement.

Rodo D.

Dear Editor:
Sheriff Joe (08/04/09 ID Comment) is right and you are a bunch of anarchist who wish to destroy the USA as established by the constitution and the Bill of Rights and the Declaration of Independence. When is the last time you have read these documents, if ever.


Dear Editor:
Regarding ID comment (08/04/09 ID): You guys have no respect for the law. and you're lawyers. What a joke. You deserve no respect whatever from anyone who respects law and order, or our nation of laws. It's you who are abusive, not Sheriff Arpaio. You abuse our society of laws and you abuse those who honorably carry out their sworn responsibility to enforce them. You abuse all of us who live in this society and respect its laws. Sheriff Arpaio is honorable; you're dishonorable. You have destroyed the respect I once had for your profession, and I believe in time your lack of principles will destroy your profession.


Dear Editor:
You are condemming Joe with your slanted rhetoric (08/04/09 ID) ie; ability to harm innocent immigrants. These people are illegal, don't you people know this? They are not immigrants they are illegal immigrants. When will you ever figure that out? If you want them here you pay their way, don't ask me to. I am sick and tired of all of them and your type too.


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