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Immigration Daily September 17, 2009
Previous Issues
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Health Care First Or Last

Sen. Schumer, the Chair of the Senate Immigration Subcommittee, has cancelled his earlier Labor Day deadline for the first draft of the CIR bill. What is even more worrisome, he has not given any target date, and some speculate that his next target date is Easter 2010. If this is true, Mr. Schumer may as well declare that those waiting for immigration relief can forget it for this Congress and for many more to come.

Apparently, this decision follows a directive of President Obama that healthcare/appropriations and climate change take priority over immigration. Even setting aside the disregard toward immigrants thus displayed by the President and the Democratic leadership, we question whether this decision is politically wise, here's why. The de-prioritization of immigration by Mr. Obama and the Democratic leadership presumes that by so doing, the path will be cleared for the real priorities: healthcare and climate change. This is fallacious, as a Politico story notes today: "The irony for Obama, of course, is that he's tried to put immigration reform on the back burner this year - to clear the way for the massive health reform fight - and now it's health reform that's dragging the immigration issue back into the spotlight." The heckling by Rep. Wilson is just a sample of what is in store for healthcare reform advocates, indeed Sen. Grassley has already questioned the effectiveness of the White House-authored immigrant-exclusion language in Sen. Baucus's health bill released late yesterday. Doubtless, more unpleasant immigration surprises will come up with the climate change bill, making passage for both health care and climate change difficult for the Democrats because of the de-prioritization of immigration.

Furthermore, unlike the case with health care and climate change, Democrats can count on at least 10% to 20% of Republican votes for immigration reform, provided generous guest-worker provisions are built into the immigration bill. This will make immigration reform easier to get through Congress. And once this strawman is off the table, other Democratic priorities may find passage through Congress smoother.

The coming weeks will show whether our analysis of the situation is correct. For now, immigration advocates may want their Democratic contacts on the Hill to consider the above as Plan B, should health care reform stall in Congress.

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


Today Is Deadline For Inadmissible Aliens

Wednesday, September 16th is the deadline for the Thursday, September 17th phone session of Family Immigration For Experts with speakers Sardar Durrani (discussion leader), Vishal Chander, Salima Khakoo, Juan J. Mendoza, J. Bradley Pace, Karen Pennington and Steven C. Thal. The curriculum is as follows:

  • 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)
Wednesday, September 16th 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.


The Grassley-Durbin Bill To Restrict H-1B And L Visas Is The Wrong Solution At The Wrong Time
Gary Endelman and Cyrus D. Mehta write "No nation can protect itself or preserve its allies without economic vitality."

Immigration: An Abolitionist Cause
Ken Schoolland for the Foundation For Economic Education writes ""Rather, let us take the part of the abolitionists of 150 years ago, those who fought against seemingly insurmountable fear, prejudice, custom, and law to champion freedom."

Bloggings On Immigration Law And Policy
Greg Siskind writes "Did Congressman Wilson - who is making national headlines for calling the President a liar - lie to the national media about his being an immigration lawyer? If so, why?"

To submit an Article for consideration, write to


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


Help Wanted - Immigration Paralegal
Austin, TX - Paul Parsons, P.C. is a busy immigration law firm practicing the following areas of immigration law: family-based visas, adjustment of status, nonimmigrant visas, PERM, employment-based visas, and naturalization. Seek bilingual legal assistant with family-based immigration experience. FT position. Ideal candidate will manage own caseload with high level of independence under supervision of attorney. This person must be bilingual in Spanish/English with at least one year of family-based immigration experience, excellent research and writing skills, efficient, resourceful, with keen attention to detail. Must be able to meet deadlines and multitask; and be a quick learner. Consular waiver experience preferred. Competitive salaries + excellent benefits. EEO. Submit cover letter, resume, + writing sample (in Word or PDF only) to or fax: (512) 479-6903. No calls, please. EEO.

Help Wanted - Immigration Paralegal
Senior Business Immigration Paralegal - Downtown Washington, DC firm seeking a mature and responsible paralegal with a minimum of 4 years experience in business immigration cases, including NIV (H-1B, E, L, J, and O), IV (including EB-1, EB-2, EB-3, EB-5) and PERM. Preference given to those with demonstrated EB-5 experience. Bilingual Spanish/English speaker preferred. Must have a Bachelor's degree and excellent native-level English writing skills. We are a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. Salary commensurate with experience. Please email resume, references and writing sample to No calls please.

Help Wanted - Immigration Attorney
Honolulu, Hawaii - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys for for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but are not limited to, serving as an attorney providing on-site legal advice to the local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. J.D. degree, active bar membership, 2+ years of post-J.D. experience required. For full details enter COU-CIS-2009-08 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to All submissions must be received by close of business on September 18, 2009. GS-13/14/15. Position open until filled. No relocation allowance offered.

Job Expo Australia
Sydney Australia (March 2010) and Melbourne Australia (October 2010) - Recruit using the E-3 Treaty Visa. Don't miss this opportunity to recruit in the "The Land of Wonder, the Land Down Under" It is good business to hire Australia's robust, educated and English-speaking job seekers. Some 5,000 job seekers are expected. Employers happily find that Australians do not have the cultural assimilation or English language challenges of workers from other countries. Can't make the Expo - utilize our Rsum Service. The Icon Group of Poulsbo, Washington USA is pleased to bring you Job Expo Australia, we have been producing world class international job expos for 12 years. Excellent, high profile, sponsorship opportunities available that will bring you to the immediate attention of job seekers before and during the Expo. Outstanding hotel + airline discounts welcome you. Now is the time to plan and reserve 2010 job fair participation. Job Expo Australia, "Another Wonder from the Land Down Under" "We'll slip another shrimp on the Barbie for ya". A portion of Expo proceeds will benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Visit Contact us at Australia(at) with questions and requirements.


Spaceman Proposes Legalization Of All Immigrants
Jose Hernandez, the prominent Mexican American astronaut, became a magnet for controversy after taking a stance on illegal immigration.

National Hispanic Caucus Calls For Immigration Reform
he Hispanic Caucus is holding its annual public policy conference and calling for timely immigration reform.

New Immigration Center Opens In Lawrence, MA
After two years of planning and construction, U.S. Citizenship and Immigration Services officially opened its new $15 million, 26,300-square-foot facility in this old mill city to serve immigrants living in the northern and westerns parts of the state.

Illegal Immigration Foes See Opportunity After Wilson's Outburst
This is the second year Alex Segura has trekked from Utah to Washington to lobby for stricter immigration laws.


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

Immigration Event - Washington, DC
September 17 - Migration Policy Institute is pleased to present a "Discussion with Khaled Hosseini, Author of The Kite Runner and A Thousand Splendid Suns, and UN High Commissioner for Refugees US Envoy" For more info and to rsvp see


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

Dear Editor:
A federal court judge issued an order denying government's motion to dismiss on venue ground. Government argued that a permanent resident alien cannot sue the government in district where they live under 1391(e) because they argue for venue purpose permanent resident alien's residence does not count. Several judges in Northern District of California have ruled in government's favor and transferred our cases to DC or other district where the immigration application was pending. This is the first time a judge ruled in our favor and her decision will be very helpful for future cases involving venues in cases filed by permanent residents. If permanent residents must file lawsuits outside of their residence, they may be forced to pay higher attorneys fee and costs and that may reduce their means to file a lawsuit against the government.

Justin X. Wang, Esq.
San Francisco, CA

Dear Editor:
I take at face value your profession of non-partisanship (09/16/09 ID comment), however, I do want to point out that while transparency is the sunshine brought by a free press, that sunshine is incapable of disinfecting the disease wrought by partisans on both sides of the aisle in pursuit of their parochial interests. I listened to a story broadcast this morning on National Public Radio exploring the impossibility of merging the SEC and the CFTC, a result to be strongly wished for. The reason: because such merger would rob individual members of the respective congressional oversight committees of their personal fiefdoms. Woe betide us when the wellbeing of our country is imperiled by such churlishness and myopia.

Richard H. Agins, Esq.
Hartford, CT

Dear Editor:
"Immigration Daily is a non-partisan newspaper on immigration law..." (09/16/09 ID comment) Who are you kidding? Show us some respect - don't insult our intelligence.

Samuel D. Blanco, Esq.
Naples, FL

Dear Editor:
Joe Wilson was one of a small minority of South Carolina politicians who wanted to keep the Confederate flag flying over the state capital. He also supported the "birther" insanity that President Obama was born in Kenya. When he screamed "You lie!" his real meaning was that anyone who says that a black person is capable of leading this country is a liar. According to the Joe Wilsons of America, if someone says America is a country of justice, tolerance and racial equality, their answer is loud and clear: "You lie!". If and when Congress actually takes up immigration reform, the words "You lie!" will be heard from racists all over America, in response to anyone who says that Hispanics are also human beings with the same rights and capabilities as white people. There are some people who say tha! t race has nothing to do with immigration or any other political issue. To them, the correct answer consists of exactly two words - the same ones that Wilson yelled at the President of the United States of America.


Dear Editor:
Regarding ID comment (09/16/09 ID): Non-partisian??? Try another schtick. The public knows better. You crack me up.

Mark Esposito

Dear Editor:
"Immigration Daily is a non-partisan newspaper on immigration law, for immigration professionals in the US" (09/16/09 ID comment) This is an absolutely laughable claim.

Steve Hammill

Dear Editor:
I cannot understand why there is so much fuss over Joe Wilson's uncontrolled ranting at President Obama. Far right fringe radicals like Wilson, Glenn Beck, Sarah Palin and Rush Limbaugh are the best thing the Democrats could wish for. Even people who do not agree with all their policies can easily recognize the Democrats as the party of sanity, while the inmates continue to take over the asylum known as the Republican party. They will soon marginalize it out of existence. To quote his Republican predecessor, President Obama should be saying to the raving Republicans: "Bring 'em on!"


Dear Editor:
Retired INS officer T.C. Houghtaling's letter (09/15/09 ID) tries to excuse the inexcusable lack of respect shown by a white Congressman from the heart of the old South towards America's first African-American president by characterizing Joe Wilson's shouting as a spontaneous "res gestae" outburst. Does using a fancy Latin term that only lawyers would understand make Wilson's shameful and reprehensible conduct any better? The only thing that can be said in his defense is that at least he didn't throw his shoe at the president.

Richard H.

Dear Editor:
Thank you for publishing The Moral High Ground today (09/16/09 ID comment). I think that really represents you as a company well and should rest well with your readers. Thank you for writing.

Jenn McElroy
Cincinnati, OH

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