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Immigration Daily October 5, 2009
Previous Issues
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President Directs USCIS To Prepare

The New York Times quotes the Director of the USCIS "We are under way to prepare for [giving legal status to millions of illegal immigrants]". The NY Times article further quotes the USCIS Director "Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose". For the full story, see here.

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


The Consular Posts Book, 2009-2010 Edition Shipping Now

The Table of Contents for "The Consular Posts Book", 2009-2010 Edition, shipping now, is as follows:

Chapter 1: Argentina - Buenos Aires, By Christi Hufford
Chapter 2: Armenia - Yerevan, By Alice Yardum-Hunter
Chapter 3: Australia - Sydney, By Noah Klug
Chapter 4: Brazil - Sao Paulo, By Kristina Rost
Chapter 5: Canada -Toronto, By Dharamchand " Randy" Depoo
Chapter 6: China - Beijing, By Frederick W. Hong; Guangzhou, By Jakob Lipman and Adam Lee; Shanghai, By Christy Nguyen
Chapter 7: Colombia - Bogota, By Luis A. Pinilla
Chapter 8: France - Paris, By Curtis Pierce
Chapter 9: Germany - Frankfurt, By Steven A. Culbreath; Munich, By Magdale Labbe Henke
Chapter 10: Haiti - Port au Prince By Jose E. Latour
Chapter 11: India - Chennai, By Vic Goel; Kolkata, By Poorvi Chothani; Mumbai, By Priscilla Jones; New Delhi, By Poorvi Chothani
Chapter 12: Jamaica - Kingston, By Claire D. Nilson
Chapter 13: Nigeria - Lagos, By C. Valerie Ibe
Chapter 14: Philippines - Manila, By Emmanuel S. Tipon
Chapter 15: Taiwan - Taipei, By Lesa M. Lawrence and Jessica L. Rodriguez
Chapter 16: Trinidad and Tobago - Port of Spain, By Claire D. Nilson
Chapter 17: United Kingdom - London, By Edward S. Gudeon
Chapter 18: Vietnam - Ho Chi Minh City, By Marc Ellis

Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment

Selected excerpts and documents: Statutes, Regulations, Foreign Affairs Manual, Forms, Executive Orders, Department of Commerce, Department of Homeland Security, Department of Justice, Department of Labor, Department of State, Bureau of Labor Statistics, Customs and Border Patrol, Citizenship and Immigration Services, Government Accountability Office, Federal Bureau of Investigations, Immigration and Customs Enforcement, Internal Revenue Service, The White House, ILW.COM, Miscellaneous, Web Links

For contributor bios, more info, and to order, please see: . Or for fax, please see:


Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "The 17-more-months rule has bothered me, first, because there is no logical connection between the E-Verify program and the grant of extra months of "optional practical training"(OPT) to STEM graduates, over and above the standard one year of OPT that all foreign students who graduate receive."

Bloggings on Deportation And Removal
Matthew Kolken writes "In reality any competent immigration lawyer should know that drug trafficking is unambiguously a deportable offense."

New Americans In The Keystone State
Mary Giovagnoli et. al of the Immigration Policy Center writes "Immigrants make up 5.4% of the states population, and roughly half of them are naturalized U.S. citizens eligible to vote."

To submit an Article for consideration, write to


USCIS Answers National Stakeholder Questions, June 30, 2009
USCIS published its responses to national stakeholder questions from its June 30, 2009 USCIS National Stakeholder meeting.


Help Wanted - Immigration Attorney
Los Angeles, CA - Global Am-Law 100 firm seeks business immigration & compliance associate. Qualified candidates must have 2-4 years of experience preparing various types of employment-based immigrant and nonimmigrant petitions, including extensive experience with PERM. IRCA compliance experience a plus. Must be very organized, detail-oriented and able to manage a heavy caseload as well as a team of paralegals. Must possess excellent computer skills and experience with case management software as well as strong written and verbal communication skills. Please send resume, cover letter, transcript, writing sample and salary history to This is a blind ad posting.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.

E-3 Treaty Visa
Job Expo Australia - Sydney in March 2010 - Melbourne in October 2010. Hire Australians using the E-3 Treaty Visa. It is good business to hire Australia's robust, educated and English-speaking job seekers. Employers happily find that Australians do not have the cultural assimilation or English language challenges of many workers from other countries. Can't make the Expo - utilize our Rsum Service. The Icon Group of Poulsbo, Washington USA produces Job Expo Australia. Icon has been producing world class international job expos for 12-years. Excellent, high profile, Sponsorship opportunities are available that will bring you to the attention of job seekers before and during the Expo! Outstanding hotel and airline discounts welcome you. Visit our website at Contact us at Australia(at) with your questions and requirements. Now is the time to plan and reserve your 2010 job fair participation. A portion of the Expo proceeds will benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Review the National Press Release -


Re-Examining The Constitution's Presidential Eligibility Clause
Despite discussions in the media, the claim by so-called "birthers" that Barack Obama is ineligible to be president because of his "non-American" birth is not supported by any credible documentation.

Astronaut: World Has No Borders, Pass Immigration Reform
U.S. astronaut Jose M. Hernandez, a Mexican American, said one of the most memorable experiences during his recent trip to space was being able to look at Earth and marvel at a world without borders.

Immigration Reform Is A Defining Issue
Imagine a "legal" system in which someone who breaks the law is not seriously punished, but his employer is.

Aching for Immigration Reform
Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agencys director said Thursday.


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

New Attorney
Philip Eichorn Co., LPA, an immigration firm located in Cleveland, Ohio and Charlotte, North Carolina, welcomes Panteha Baghani to the Firm as an associate attorney. Panteha is a naturalized U.S. citizen originally from Iran. She graduated from Thomas Cooley School of Law and is fluent in Farsi. Her primary area of practice is family based immigration law.


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

Dear Editor:
Why is it that not even one such bill as the Dream Act get approved? (see 10/02/09 ID) Is it because it would give opportunity to a race that is not European but Latino, Asian and African countries? The resources that is being lost because of bigotry. When is this going to be stop and think that all human is the resources of the US to continue to grow as a Nation.

Gladys C. Farris

Dear Editor:
I would like to respond to ID's 10/02/09 comment. The immigration enforcement policies of the US are showing the world alot that is ugly about America.

Phil Slaton
Seattle, WA

Dear Editor:
Ranting about shameful history in the past? It's actually a friendly reminder (see Jim Robert's 10/02/09 ID letter). Past history is relevant to teach us better lesson today and in the future. Fast forward 20 years in the future, China, India, Brazil, Russia and others will be the next global economic powerhouses while we bury ourselves in mountain of unpaid debt and deficit and don't be surprise that it will be us Americans who will be so desperate to immigrate to those countries to work, live and find better opportunities and the history will repeat itself when those countries will snub on us as "dirty, diseased, low educated, poor" American immigrants or worse "illegal" immigrant wannabees. "Illegal act" is highly subjective and which part of this argument that anyone doesn't understand? In the past, a Pole "illegally" crossed the border into Germany to live and work there was called illegal immigrant off course, but today since Poland is a member of E.U. and so does Germany in which all member states of E.U. has abolish the "illegality" of crossing borders and taking up employment and residency in other member states, so past Polish illegal immigrants residing in Germany are now considered legal ones and this "sin" is automatically forgiven and forgotten. My English is not perfect but I may suggest that Mr. Robert's letter learn a little bit about how laws are working and changing time to time. Other ID readers support this viewpoint. Mao Zhe Dong wasn't a saint nor G.W. Bush. But none can deny that in the communist China today, there's much more religious freedom compared to any Islamic theocracy states on earth and no Western politicians and media dare to condemn all human rights abuses in these theocratic states out of "political correctness". It's time for the entire humanity to say enough is enough.

Robert Yang

Dear Editor:
In response to J. Brannigan's letter of 10/02/09, he may be well served to explore the information about USC children born abroad that is available on the State Dept. and USCIS websites. Unless he is referring to stepchildren, his "non-citizen" children might actually be USC's. The laws are complicated. He should look at the nationality charts which are appendices found at USCIS or from the State Department website using the search term: "Citizenship and Nationality".

USC who wants to help

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