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Immigration Daily

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Immigration Daily August 27, 2009
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Today Is Deadline For 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  • I-864 (beside income, what else may qualify, attorney responsibility to inform (sponsors obligations, when can be withdrawn)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
Today, 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.


Consular Corner: August 2009
Liam Schwartz writes "To celebrate the occasion, we have launched a Consular Corner page on Facebook, offering a rich collection of resources for the consular and immigration law communities."

Natural, Not National, Rights
Sheldon Richman for the Foundation For Economic Education writes "Somewhere in my reading about immigration I encountered the deceptively simple point that its not immigration we should be talking about but migration."

Bloggings On Immigration Law And Policy
Greg Siskind writes "Sadly, Kennedy did not live to see passage of immigration reform legislation he campaigned for over the last few years and his absence from the Senate will be felt this fall as Senator Chuck Schumer takes over as the Democrats' leader in pushing for a new comprehensive bill."

To submit an Article for consideration, write to


DOL Memo Says Employer Pays Travel And Visa Expenses Of H2B Workers Under FLSA
The DOL released a memo to regional administrators and district directors regarding travel and visa expenses of H-2B workers under FLSA minimum wage laws.


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
Why do the largest law firms, corporations and universities in the U.S. choose AETS for their foreign credential evaluations? Because as the nation's leader in foreign credential evaluations and translations, American Evaluation & Translation Service, Inc. (AETS) provides the most competitive rates in the industry - $75 educational evaluations, as well as $300 '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, see: Please contact AETS at anytime at (786) 276-8190, visit , or email:


CDC Addresses The Discriminatory Nature Of TB Policy For Internationally Adopted Children
To better understand the CDC's TB screening policy for immigrants and how it affects internationally adopted children and their families, a series of articles related to the topic have recently been featured on this page.

Illegal Immigration: San Francisco At Odds With Itself Over Sanctuary City Policies
San Francisco finds itself in a perilous position over its sanctuary city policies and illegal alien youths charged with drug crimes.

Sen. Edward Kennedy's Career Timeline
The first major bill that Senator Kennedy managed on the Senate floor was the Immigration Act of 1965.

SS Administration Claims Woman is Illegal Alien
A Lynchburg widow is fighting Social Security to keep her benefits, and asking a congressman for help.


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 Lawrence M. Lebowitz 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:
Yesterday, I ordered a pair of Bass Weejuns online, from For those not familiar, theyre shoes. Ive worn Weejuns since I was in college in the 1960s. I guess that makes me an old guy. My size, 14D, reflects my physical stature, Im a big guy. It is difficult to find my size in local shoe stores. Online shopping gives me a bigger selection and the ease of never leaving home, with it or without it. My American Express Card is my key to convenience and I can drink a beer in my underwear when I shop. No parking hassles, no cranky sales clerks, no screaming kids at the mall. What makes all this convenience possible? Modern technology; computers, efficient software programs, credit card payment and efficient and well-designed business models, designed by creative entrepenuers with a profit motive, concerned with providing quick, effiecient service to their customers. It works. Ill receive my shoes today, as confirmed by the link to UPS tracking provided me by Endless in an email this morning. How thoughtful. So what about the L-1A extension I sent for filing with USCIS yesterday? I bundled up a ream of paper, included a paper check for the filing fee, packed it into a Federal Express envelope (US mail is too unreliable), picked up by a gas-guzzling truck. Ill wait two to three weeks for a paper fee receipt, if I receive it. Ill never know how or who to contact if I dont. My check will process through the manual banking system. My case will fall between the cracks of the USCIS Service Center, the wifes EAD is expiring, and eventually I will receive a nonsensical boiler-plate RFE in the mail inquiring as to "managerial duties". And president Obama wants government-run health care. Get in line.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Once again, I am postponing my ID letters break, this time to express my deepest regret and condolences at the death of one of the greatest Americans in modern history, Senator Edward Kennedy. As we all know, there would have been no 1965 immigration reform act without him. and America might still be tied up with the 1924 racist immigration quota system favoring white immigrants from Western Europe, based on a US census conducted in 1890! Senator Kennedy fought right up until the end to preserve the spirit of the 1965 law, especially by vigorously supporting reform measures aimed at making it easier for millions of Latino and Asian immigrants to obtain legal status and become full-fledged members of American society. Now, the cause of immigration reform will be in the hands of pygmies, compared to this giant. Senator Kennedy will be long remembered and profoundly missed

Roger Algase, Esq.
New York, NY

Dear Editor:
Children in Central and South America have to grow up maybe as soon as they are five years old (see 08/24/09 ID comment). Poverty, hunger and sometime better life that they may get to see on TV makes them want to come here. Most of these children are on the streets of their countries fending for whatever they can and to do this trip is a slim hope they take. There is no welfare compensation nor children protective laws per se. These children deal with a raw reality of life in poverty with no hope.

Gladys C. Farris

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