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Immigration Daily

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Immigration Daily August 10, 2009
Previous Issues
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Confederacy, Sotomayor, Birthers

Judge Sonia Sotomayor was confirmed as Associate Justice of the US Supreme Court, the Senate vote was 68 yeas to 31 nays (Mr. Kennedy of Massachusetts was too ill to vote). The states that were part of the Confederacy in the Civil War voted against confirming Ms. Sotomayor by 10 yeas to 12 nays. By contrast the states that were then part of the Union voted for confirming her by 43 yeas to 6 nays. The South is certainly entitled to its opinion, just as other regions of the country are. However, the numbers above show the danger in one region of the country dominating a party. The Republican party has become beholden to the South, and Republican voices from other parts of the country are now muted, and in danger of becoming entirely lost. This is not just dangerous for the Republican party, its bad news for the country too. And all this is intimately tied up with immigration since the CIR bill will likely hit the Senate floor in less than 10 weeks, and Republican votes will be pivotal to its passage. This is so since some Democratic Senators can reliably be expected to vote against CIR (an example is ex-Klansman now Senator Byrd, of West Virginia, a border state that is now culturally southern). The Republican voice on immigration today is unfortunately not that of statesmen like Sen. Graham of South Carolina (he correctly called the anti-immigrationists bigots), but that of the weirdos called Birthers, who have defeated the anti-immigrationists for the position of the extreme right of the Republican party. The latest in the bizarre Birther saga is the submission to a court by one of their principal miscreants of a "Kenyan Birth Certificate" purporting to be that of President Obama. Internet bloggers quickly proved the document a hilarious forgery. The ridicule the Birthers have heaped on the nation is now being returned in kind, use to generate a birth certificate for each loony Birther disturbing the peace in your neighborhood.

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


US Tax Compliance For Immigrants And Employers: The Lawyer's Complete Guide

Our new book on tax compliance for immigrants and employers authored by noted authority Paula Singer is shipping now. The outline is as follows:

  • International Aspects of Individual U.S. Tax Returns
  • A Guide for Filing IRS Forms 1042 and 1042-S
  • U.S. Taxation of H-1B Specialty Workers
  • U.S. Taxation of B-1 Business Visitors
  • U.S. Taxation of Foreign Students
  • L-1 Intracompany Transferees on U.S. Assignment
  • What You Need to Know About Exchange Visitors
  • J-1 Nonstudent Exchange Visitors Performing U.S. Services
  • Tax Treaty Benefits for Foreign Nationals Performing U.S. Services
  • Appendix includes Treaties/Agreements and Sample Letters
  • CD-ROM includes 50+ IRS Forms, 16 IRS Publications, useful web links
For more info and to order, please see: For info/ordering by fax, please see:


New Americans In The Tar Heel State: The Growing Economic And Political Clout Of Immigrants And Latinos In North Carolina
Mary Giovagnoli et. al of the Immigration Policy Center write "At a time of deepening recession, North Carolina can ill-afford to alienate or marginalize such a fast-growing component of its labor force, tax base, and business community."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "Will immigrants alleged to have committed civil immigration violations be housed more humanely, with protection of their dignity, sensitivity to family needs, and access to law libraries and legal counsel assured?"

To submit an Article for consideration, write to


Neufeld, Scialabba, Chang Memo On Conditional Permanent Residents And Naturalization
USCIS Domestic Operations Acting Associate Director Donald Neufeld, Refugee, Asylum & International Operations Associate Director Lori Scialabba and Office of Policy and Strategy Acting Chief Chang issued a memo provides field guidance on circumstances under which an alien who was admitted as conditional permanent resident pursuant to section 216 of the INA may be naturalized under section 319(b) of the Act prior to the removal of the conditions.


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

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit or email Melany Hamner at

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


Florida's Senator Mel Martinez To Step Down
Sen. Mel Martinez told friends and supporters Friday in an e-mail that he'll step down from the Senate as soon as a replacement is appointed to fill out his term.

CBP Offers $250,000 Reward for Information on Agent Rosas' Murder
U.S. Customs and Border Protection is offering a $250,000 reward for information leading to the arrest and conviction of the individual(s) responsible for the death of U.S. Border Patrol Agent Robert Rosas, who was killed in the line of duty July 23 near Campo, Calif.

Immigration Effort Draws GOP Backer
Senate Democrats have found a Republican in Sen. Lindsey Graham to help them push for passage of a comprehensive immigration overhaul this year.

USCIS Makes It Easier To Check Immigration Case Status
This new process standardizes customer service and streamlines processing of customer inquiries at USCIS Service Centers.


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

Dear Editor:
The debate about "immigration reform" has little to do with reform, but more with providing amnesty for people who have knowingly and willfully violated US law. To those who have overstayed their nonimmigrant visas and to those who have entered the US without inspection, I can only say this: You have violated the laws of the United States of America. These lawbreakers are not bona fide refugees, fleeing death or the destruction of their lives. Overstays often are educated people, who could make a living anywhere in the world, but prefer life in the US. Illegals often are people fleeing the poverty of their own countries south of the border. Their plight is not the problem of Americans, but is that of their own countrys government. It is up to them to change what they don't like at home, just as US Patriots did in 1776. The ease of entry at the southern border is blatant violation of law. I cannot violate Mexican immigration law by working in Mexico. If I do, I will be jailed - a worse jail than anything in the US, even Sheriff Joe's. I fail to understand the emotional side of immigration vs. the legal side. While I am compassionate, as a lawyer, I believe in the rule of law and in the US Constitution, neither of which provide for Amnesty for illegals or for any other law breaker. Laws are designed for the benefits of the citizens of the country that passes the laws. If America needs foreign workers, pass a law allowing it. American immigration laws are not per se unjust; they are just unrealistic in the 21st century and need to be reformed. But that reform has no right to ask the US taxpayers to fund an expensive and unworkable Amnesty program. ,

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In regards to the letter from Cheryl Saienni (08/07/09 ID), I have lived in Guatemala for eight years. Most all of the ATM machines in Mexico and Central and South America are optional Spanish and English. All cell phones are optional Spanish and English. Most of the people I know in Guatemala and Mexico are not bigoted and try to be very helpful and courteous when someone does not understand their language. If Sheriff Joe worked for the PNC in Guatemala, all the Norte Americanas would be in trouble. Talk about profiling we stand out like a sore thumb. Most Americans drive without a license or an expired license. Many over stay their visas. The fine for these offenses is very small and the police are always courteous and explain how to correct the problem. How un-like Homeland Security. I have never heard of any Americans that were deported for these problems. If immigration were less costly then the fees charged by uscis and were not rejected so many times people would immigrate legally. It now stands that it is less time consuming and far cheaper to hire a coyote. It is certainly more efficient.

John J. Brannigan

Dear Editor:
There is an interesting article in Senator Kay Bailey Hutchinson's website concerning the proposed healthcare reform bill perused page by page. Here are points directly dealing with immigration:Page 42: The "Health Choices Commissioner" will decide health benefits for you. You will have no choice. None. Page 50: All non-US citizens, illegal or not, will be provided with free healthcare services. Page 58: Every person will be issued a National ID Healthcard. Page 91: Government mandates linguistic infrastructure for services; translation: illegal aliens Page 170: Any non-resident alien is exempt from individual taxes (Americans will pay for them).


Dear Editor:
Regarding Mr. Murray's letter (08/07/09 ID): I am an ABC, America Born Chinese, whose ancestors have endured racist, unjust immigration restrictions and names calling as well. Immigration restriction won't work if it's designed to discourage foreign competition. It's crazy to support and expect all 6.5 billions + global population to move into our country and it's also imposibble to embrace xenophobia and isolationism in the age of internet and globalization. We can inspire other nations to commit themselves in good governance, democracy, respecting human rights and sustainable developments so their citizens can live happily and peacefully within their own countries and enjoy decent living standard without thinking of immigrating to other countries . We must lead in sustaining global peace and stability by abolishing all theocracies and dictatorship worldwide who love to manipulate faiths to incite hatred, terrorism, segregration, apartheid policies, sexism, genocide and sectarian wars. We can help Mexico fighting its dangerous organized crime problem by enacting capital punishment on drug dealers here at home and harsh punishment on drugs abusers or completely legalize drugs. We must to pressure our lawmakers to stop waging expensive wars for special interests' profits so we can pay for our health care reform and investment in education and infrastructures so we can compete in the 21st. century. Resolving immigration issues must include common sense and holistic view. I strongly believe that any self sufficient, healthy, non criminal human beings should have freedom to live and work anywhere in this planet without prejudice and restrictions.

Robert Yang

Dear Editor:
With reference to ID Comment on Detention Overhaul (08/07/09 ID), the only "change" that needs to be made regarding entry violators is that this serious crime needs to be made a felony for first timers, not just subsequent as at present. This would resolve the 287g controversy of overlooking "non-criminals". If citizens can be made felons for mere paperwork errors in buying a firearm, a Constitutional right, certainly non-citizens should for the real, deliberate crime of illegal presence. This would be real CIR, not phony, fiat, un-deserved amnesty and more catering to the illegals. The D. Murray letter (08/07/09 ID) falsely believes that the addition of an Esq. after the name enhances the credibility of the content which which is absurd and the practice is in reality, anti-American and a relic of the English King hierarchical society dominated by titles, ranks, and nobilities. Letter content is the only valid criteria to "evaluate a letter", the same way that in America, performance, facts and content of character are germane. By this standard, entry enthusiasts and open border advocates lack credibility and come up short when they deliberately misconstrue the prudent, limited, enforced position of restrictionists as "anti-immigrant", "negative", "racist", "bigoted", "hateful", "hate-mongers" and other such hyperbole which only displays the bankruptcy of logic and/or "fresh ideas" of the former and the wisdom of the latter. The F. Wooldridge letter (08/05/09 ID) was right on point with: "Educated nitwits don't get it. We dealing with our country being overwhelmed by another 100 million people in 30 years because of immigration". Grandmother Joad was right in her profound, "Grapes of Wrath" comment: "We're the people and they just can't stop us".

Jim Roberts

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