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Immigration Daily

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Immigration Daily August 25, 2009
Previous Issues
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Court Records Access

Immigration Daily readers may wish to check out two websites that are making headway into providing public disclosure of court records:

  • Altlaw provides free, full-text searchable database of Supreme Court and Federal Appellate case reports, which doesn't require the reader to use Lexis or Westlaw
  • RECAP is a service which hopes to unlock the paid service, PACER, with an application that automatically donates purchased documents to a free repository (for a related news story, see here).

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


Family Immigration For Experts

Our latest seminar is entitled, "Family Immigration For Experts" with speakers including: Sardar Durrani (Discussion Leader) J. Bradley Pace, Juan J. Mendoza, Karen H. Pennington, Salima Oines Khakoo, Steven C. Thal, Vishal Chander. The curriculum is as follows:

FIRST Phone Session on August 27: Relatively Speaking

  • Fiance Visa or Spousal Petition: Crucial questions to ask, To see any issues, inconsistencies, Not to rely solely on client statements, Document review, prior divorce, etc., To see how to assemble the documents based on their facts
  • Immigration "Red Flags": (prior marriage petitions, spouses residing separately, married under state law but religiously not married, nseers registration, prior removal proceedings, inconsistent responses to interview questions)
  • Petitions for Children: (stepchildren, illegitimate children, adopted children, derivative applications [concurrent form I-824] and following to join, married children)
  • Death of the Petitioner
  • Documentation
  • Update on CSPA
  • I-864 (beside income, what else may qualify, attorney responsibility to inform (sponsors obligations, when can be withdrawn)
  • Medical examination
  • Inconsistent information on forms - amend or withdraw form
  • If marriage fails: VAWA, U visa

SECOND Phone Session on September 17: Inadmissible Aliens

  • How to get a conviction record
  • Conviction Disclosure (should convictions be reported, reporting juvenile convictions, reporting expunged convictions)
  • Criminal Grounds of Inadmissibility: (aggravated felony conviction, what is a crime involving moral turpitude, multiple offenses, trafficking in persons, drug convictions)
  • Criminal Inadmissibility Waivers: (petty offense waiver, juvenile offense waiver, 212(h) waiver)
  • Non-Criminal Grounds of Inadmissibility: (inadmissible at time of entry, unlawful presence [six months to one year, and more than one year], misrepresentation, document fraud, false claims to u.s. citizenship, unlawful voting, 212(a)(9)(c) [ten-year bar]
  • Waiver of Non-Criminal Grounds of Inadmissibility: (extreme hardship [601] (hardship to eligible relatives, family separation, hardship to children, medical conditions, conditions in home country, community ties, non-eligible relatives, documenting your case)
  • Obtaining a 212(h) waiver
  • After AOS interview: (If I-130 denied, should Appeal/MTReconsider or file new I-130, if I-130 denied and NTA issued)
  • Other problems: (False SS#, passport shows entry in home country while in US
  • Effects of crimes such as: (domestic violence, prostitution, fire arms offenses)

THIRD Phone Session on October 22: Removing Conditions

  • How to process an I-751 where the parties are separated or divorced at the time of petition
  • What to do when a joint petition is filed but the parties divorce before an adjudication
  • Filing for citizenship while an I-751 is pending
  • Filing an I-751 for a resident when the resident is temporarily assigned abroad
  • Extending proof of residence where the I-751 is pending more than a year
  • Documentation to support an I-751 where the parties do not have joint accounts or joint taxes
  • Adjudicating an I-751 in proceedings (Burden of proof, getting the judge to terminate proceedings so that an I-751 waiver can be processed by CIS, judicial review of I-751 denials)
  • Untimely filed I-751 petitions
  • If children when they will be joined in same or need to file separate I-751
  • When an attorney would withdraw and how
Wednesday, August 26th 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.


Ninth Circuit In Herrera v. USCIS Rules That Revocation Of I-140 Petition Trumps Portability
Cyrus D. Mehta writes "Stated simply, an applicant for adjustment of status (Form I-485) can move to a new employer or change positions with the same employer who filed the I-140 petition as long as the new position is in a same or similar occupation as the original position."

As Immigrants Move In, Americans Move Up
Daniel T. Griswold writes "If past congressional debates are any guide, one point of contention will be the impact of reform on the American underclass."

Bloggings On PERM Labor Certification
Joel Stewart writes "A recent BALCA decision illustrates the problems that some Employers have registering on-line to use the electronic filing system."

To submit an Article for consideration, write to


USCIS On R-1 Religious Vocation
USCIS responds to the query "Can a Catholic religious order bring nuns to the US who fully satisfy all conditions under the definition of Religious Vocation, to work as nurses in closely affiliated Catholic hospitals?" (courtesy of Sofia Zneimer, Esq.)


Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy seeks an experienced Paralegal for its D.C. office. This is a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidates have 2+ years experience with all aspects of business immigration, including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and Applications to Adjust Status. The Paralegal will have the opportunity to manage caseloads with a large degree of independence; communicate with clients regarding procedural and case processing issues; update and maintain client status reports; prepare bills; and serve as a team resource. Very competitive salary and benefits for the right candidate. Please email your cover letter, resume, and writing sample (Word or Adobe formats only) to Robert F. McCafferty, Human Resources/Office Manager, at Or fax same to 202-371-2898. EOE.

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.


Tyson Foods Spent Nearly $638K Lobbying In 2Q
Tyson Foods Inc., the nation's largest meat producer, spent more than $637,884 in the second quarter to lobby on meat labeling, tax credits and other issues, according to a recent disclosure report.

Homeland Security Revises Immigration Partnership With Local Jails
The Department of Homeland Security is requiring counties that participate in its illegal-immigration enforcement program to agree to a new focus on violent criminals.

Homeland Security Secretary Janet Napolitano Going Nowhere On Immigration Reform
Where are the concrete commitments, the goal posts, the detailed strategy?

Latinos Divided Over Decision To Protest 2010 Census
With all that said, the Latino community, particularly the undocumented immigrant community, finds itself in a significant dilemma in regards to the 2010 census.


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

Honors And Awards
Cohen & Grigsby, P.C., a business law firm with offices in both Pittsburgh, PA and Florida, is pleased to announce that John S. Brendel was recognized among the Best Lawyers in America 2010.


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

Dear Editor:
I would like to thank Jennifer L. Nissen's letter (08/21/09 ID) for pointing out an error regarding the timing of the LCA Public Access file preparation in my article (08/20/09 ID). As her letter correctly pointed out, 20 CFR 655.760(a) states that "the employer shall make a filed labor condition application and necessary supporting documentation available for public examination at the employer's principal place of business in the U.S. or at the place of employment within one working day after the date on which the labor condition application is filed with DOL. Following the correction, I made a change in the article and revised our internal procedures. The regulation also states: "The following documentation shall be necessary: (1) A copy of the certified labor condition application (Form ETA 9035 or Form ETA 9035E) and cover pages (Form ETA 9035CP). The current LCA procedure, however, makes it impossible in most cases to do what the regulation requires. DOL currently takes up to a week to approve LCAs, and we have seen EIN-glitch-based denials where DOL is taking more than a week to reinstate the employer. Our updated procedure is "within one working day after the date on which the labor condition application is filed with the DOL; if unavailable at that time, place an uncertified LCA in the file, and replace with a certified one when is it approved.

Mira Mdivani, Esq.
Overland Park, KS

Editor's note: The updated Article can be viewed at:,0820-mdivani.shtm

Dear Editor:
This will no doubt strike some readers as a sign of excessive anxiety, if not outright paranoia on my part, but given the care with which every official government statement has been prepared in every regime known to humanity since the beginning of time, I wonder if there is not some significance in the order in which Janet Napolitano, in her statement after her charade (also known as a "meeting") with representatives of 130 immigration advocate groups the other day (see ID/08/24), listed the organizations she is "looking forward" to working with on immigration reform. Law enforcement groups came first and advocacy groups last. This is exactly the way DHS current policy is playing out, so anyone who hopes for real reform, as opposed to more draconian "enforcement" measures, is dreaming, in my opinion. On this "optimistic" note (at least optimistic from the point of view of those who think that America already has more dark - skinned immigrants than it has room for - a view that I emphatically do not share), I will take the letter-writing break that I had originally promised my fellow ID readers during the month of September, beginning one week early. I am sure that this will come as a relief to many. See you in October.

Roger Algase, Esq.
New York, NY

Dear Editor:
I agree with Jim Roberts' letter (08/24/09 ID) that, "It is absurd and irresponsible to advocate that our entry policies should be more efficient and convenient in order that non-citizens can migrate without limits or beyond acceptable ones as determined by US citizens, not special or ethnic interests." Amnesty should not be a reward for breaking the law. Having said that, Congress, the people of the US and especially employers who have hired and continue to hire undocumented aliens, both illegal and overstays, are equally to blame and perhaps more to blame than the undocumented aliens, who just followed the crarrot of opportunity dangled on the stick of greed. If there is an amnesty under CIR, or otherwise, scofflaw employers should be the ones to foot the bill for everything concerned with an undocumented alien seeking legalization benefits under any new law. That'll shak'em up on Capitol Hill.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I cannot understand why Jim Roberts' 8/24/09 letter shows such a strong negative reaction to my letter of 8/21/09, which was meant to oppose white supremacist anti-immigrant bigotry. Mr. Roberts' letter also seems to be outraged by the 8/21/09 letter of Roger Algase which, as I read it, in addition to opposing bigotry, also condemns doctrinaire left wing idealogy. Mr. Roberts' letter should have no reason to take offense. I have never seen a single Jim Roberts letter in favor of left wing ideology.


Dear Editor:
Why feel shame for what many nonimmigrant has been screaming for years of what has been happening in jail? This news is old news except the attention of the hispanic population as American citizens has grown to importance number that could tilt the parties they vote for. Obama promises up to this point has been as a politician and although he may want this reform he knew for the very beginning that his power are limited here. What does that say?

Gladys C. Farris

Dear Editor:
I agree with Zaheris Angel's letter (08/17/09 ID) about married people being separated for a long time because people at the USCIS take their time reviewing the documents submitted with the petition. Sometimes the consul's negative decision is based on their opinion and not on real facts. Married people should not be separated for a very long time. Why is it that whenever a petition is filed, people at the USCIS or at the Embassy think that there is fraud involve and that either party is treated like a criminal with suspicious background. Also, instead of informing the petitioner what they need if they feel that further evidence is required, they right away decide to send back or revoke or deny a petition. They should be a little more considerate.


An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

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