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Immigration Daily

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Immigration Daily October 19, 2009
Previous Issues
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Collateral Damage

The Washington Post reports the Supreme Court is considering the case of a man facing deportation who claims that his attorney misadvised him on the immigration consequences of his pleading guilty to trafficking in marijuana. "The question before the court goes to what kind of advice a lawyer must provide someone charged with a crime. The Supreme Court in Kentucky -- where Padilla was arrested -- said a lawyer is required only to advise his or her client about the direct consequences of a guilty plea and not collateral issues, such as how it would affect immigration status."

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:


Bloggings On Dysfunctional Government
Angelo A. Paparelli writes " The rule of law must also be applied vigorously and faithfully to the subordinate agencies which you oversee, particularly to USCIS."

Bloggings on Deportation And Removal
Matthew Kolken writes "The Board of Immigration Appeals (BIA) has just issued a precedent decision, Matter of GARCIA-GARCIA, 25 I&N Dec. 93 (BIA 2009) Interim Decision #3657."

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk write "The truth is, we should all be thankful that such accomplished individuals chose not to remain in their home countries, or to seek opportunity elsewhere. The innovation and excellence upon which our country is built remains today as dependent on the tremendous contributions of those born abroad as on the day of its founding."

To submit an Article for consideration, write to


DOJ Immigration Litigation Bulletin: January 2009
The Department of Justice Office of Immigration Litigation released the January 2009 issue of its publication, Immigration Litigation Bulletin.


Help Wanted - Immigration Attorneys
Owings Mills, MD - The Murthy Law Firm seeks attorneys with 3+ years of experience in business immigration law. Our practice is dynamic and fast-paced with high standards of integrity, work ethic, and quality. Successful candidates will have the ability to work both as members of a team and as team leaders. They will bring in-depth understanding and knowledge of the breadth of immigration procedures, and are expected to supervise paralegals and support staff. Good writing and analytical skills are required. They will join more than a dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. Visit for details regarding the unique benefits of working at the Murthy Law Firm. Send Resume + cover letter to All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. Final interviews of candidates are at our office a few minutes from downtown Baltimore, MD. EOE.

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, TrackerCorp is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email sales@trackercorp.

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 -


Reno Helps Exonerated Cuban Refugee
Reno, who served during the Clinton administration, wrote a letter to the U.S. Citizenship and Immigration Services on behalf of Orlando Boquete, who had his 1983 conviction overturned in 2006 after DNA testing proved his innocence.

Arpaio Cites Non-existent Law In His Argument For Crime Sweeps
Maricopa County Sheriff Joe Arpaio cited a non-existent federal law and included a legal interpretation taken from an anti-immigration Web site in a document he distributed during a news conference last week.

Many Mexican Migrants Stay Put in US Despite Crisis
Mexican workers in the United States have lost jobs and faced a crackdown on illegal immigration but are not heading home in droves despite the worst recession in decades, officials and researchers say.

US Immigration Has Influenced Sale Of Ethnic Foods
According to market research firm Mintel, this segment has increased by more than 17 percent in the last five years.


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

New Partner
Maggio & Kattar, P.C. is pleased to announce that Anna Marie Gallagher will join the firm as a Shareholder. Ms. Gallagher will bring more than two decades of experience in international immigration and refugee issues ranging from advocacy and human rights work to federal litigation and global visas. For more info see


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

Dear Editor:
This is regarding ID comment "Founders Visa" (10/16/09 ID). See my blog article "The Founder's Visa - A Good Idea in the Haystack of Bad Immigration News" (09/24/09 ID Article).

Angelo Paparelli, Esq.

Dear Editor:
Regarding ID Coment on "Gutierrez's principles" (10/15/09 ID): Why, oh why, are some of these politicians now pushing immigration reform "principles" when what we need is reform of the draconian statutes that have devastated good families and hardworking lives! Where was Mr. Gutierrez and others when Congress was able to make an upheaval of the Immigration and Nationality Act and quietly attached it to the AEDPA signed by Clinton; that changed the Immigration laws drastically making virtually every part of the Immigration and Nationality Act from Immigration friendly and caring to Immigration deadly! Congress has no idea of the consequences that have befallen many of those in this country who have comported themselves better than some of our citizens. I guess Congress did not have the foresight to really figure out that the backlogs in visas would never make up for the mothers and fathers we have deported for overstaying them. Well, let's think ahead: can we really support things like the Dream Act, when the parents of children who are dreaming are being deported?

Marc Seguinot, Esq.

Dear Editor:
I am an immigrant. A very legal immigrant with years of frustration finally behind me, but a few more to go for citizenship. All the talk about amnesty, special favors etc for illegal immigrants. I have heard no arguing from some of your regular pro-illegal immigrant letter writers, about any special favors for the legal immigrants. Maybe letters of Roger Algasse and the likes would like to take on the issue on my behalf of waiving the five year wait for citizenship after my endless wait for a greencard. Surely I "deserve" this (and this is sarcasm). I have after all played by all the rules. Or are the special favors only reserved for the illegal immigrants, by definition criminal immigrants. I imagine Jim Roberts letters have little compassion for me, a legal immigrant, as he does for illegal immigrants, but his letters never cease to impress me with their opinions, all of which I agree with whole heartedly. One day when I can eventually vote, if you want to run for any office, you will have my vote.

Linda Cogill

Dear Editor:
Regarding Jim Roberts' letter (10/15/09 ID): My letter stated that none, Americans included that should be exempted from any kind of global market competition is nothing about globalism nor liberalism. It's a down to earth fact and inconvenient truth. Mr. Roberts' letter stated that illegal immigrants got "benefits" above legal ones and citizens, in what forms? We got sick and tired of these kind of baseless and cruel accusations. Uninsured broke US citizens can get "free" medical treatments at any hospitals just like illegal immigrants and no hospitals can force anyone to pay these bills except by charging insured patients and tax payers to foot the bills by higher premium, that's why every American must support mandatory comprehensive universal health care for everyone and put an end to greedy for profit insurance companies which act as "death panel" by rejecting coverage to many Americans and dump many others as they got sick and sicker and cost them more money and eat their profit. The Jesus I know in the Holy Bible is Jesus who teaches us to share, forgive, be good Samaritans, love our neighbors as ourselves, to be kind and generous to strangers as the Israelis and Jesus Himself once lived as strangers and refugees in Egypt, Jesus rejected violence by rebuking Peter taking his sword to cut Roman guard who came to arrest Jesus to defend him. Biblical God is God who believes in second chance and "amnesty". Gun toting, self centered, xenophobes, Bible quoting for convenient conservatives may have believed in another Jesus. Conservatives are ridiculous when accusing others while love to ignore facts and love to use false opinions as facts.

Robert Yang

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