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Immigration Daily

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Immigration Daily October 22, 2009
Previous Issues
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No Widow Penalty

The New York Times reports that the conference report the Senate passed on Tuesday and sent to the President for his signature ends the widow penalty. "The Senate approved a measure on Tuesday that would end what has become known as the "widow penalty" the government's practice of annulling foreigners' applications for permanent residency when their American spouses die before the marriage is two years old."

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


Today Is Deadline For Removing Conditions

Wednesday, October 21st is the deadline for the Thursday, October 22nd 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 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, October 21st 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.


Challenging A Finding Of Inadmissibility
Kenneth White write "As can be seen, one approach does not fit all: much depends on how open a consular officer and her superiors are to a request to reconsider the finding."

Yearning To Breathe Free: The Constitution Is Clear On Immigration
Becky Akers for the Foundation For Economic Education writes "Sadly, Americans cry ever more loudly for Leviathan to increase its unconstitutional power. Yet each time we clamor for the feds to restrict foreigners' movements, we tighten our own bonds."

Bloggings On Immigration Law And Policy
Greg Siskind writes "Under some of the versions of health care reform proposals being considered by Congress, legal immigrants could be excluded for five years before they can access the Medicaid and insurance subsidies."

To submit an Article for consideration, write to


Senate Approves Conference Report On Homeland Security Spending
The Senate voted to adopt the conference report for the fiscal 2010 Homeland Security spending bill by a vote of 79-19. The conference report contained a number of immigration-related provisions, including: a three-year extension for the non-minister religious worker, "Conrad 30", EB-5, and E-Verify programs, and an end to the so-called "widow penalty." The bill now heads to the President for his signature.


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.

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or Please visit our website for special offers and discounts.

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.


Immigration Question On Census Blasted
House Democrats, Latino rights organizations and liberal advocacy groups voiced their opposition Tuesday to a Senate amendment that would require U.S. census forms to include a question about citizenship and immigration status.

San Francisco Approves New Immigration Policy
Undocumented youths arrested on felony charges in San Francisco would have to be convicted before police could turn them over to federal immigration officials under a new policy approved by the San Francisco Board of Supervisors.

Alien Halloween Costume Spooks Immigrants
A Halloween costume that depicts a space creature in orange prison garb emblazoned with the words "illegal alien" is reigniting debate over a long-used term based on the U.S. government's designation of all foreigners as aliens.

CNN Latino Special Avoids Dobbs
"Lou Dobbs is the gigantic anti-immigration elephant in the room at CNN," said Roberto Lovato.


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

Immigration Event - Washington, DC
October 22 - Wilson Center on the Hill presents "Relighting Lady Libertys Torch: Challenges to U.S. Immigration Policy" for more info see


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

Dear Editor:
Following Jim Roberts' letter's advice (10/21/09 ID), I skimmed through J.R. Edwards' confused attempt to find authority in the Bible for opposing amnesty for people in the US illegally. His article contains many Biblical quotes. But he leaves out one which better describes restrictionista attitudes toward our fastest growing immigrant community than any of the passages quoted in his article, namely Exodus 1.7-10: "The Children of Israel were fruitful and swarmed and increased and became very very strong, and the land became filled with them. A new king arose over Egypt, who did not know about Joseph. He said to his people, 'Behold, the people of the children of Israel are more numerous and stronger than we are. Get ready, let us deal shrewdly with them, lest they increase, and a war befall us, and they join our enemies and depart.' " (The Book of Exodus, A New English Translation, Judaica Press, 1995). Except for the fact that immigration opponents would be happy to see all Latinos depart the US, there could be no better description of this attitude. Mr. Edwards and Mr. Roberts may claim to be putting God in charge of our immigration policy, but their ideas bear more resemblance to Pharaoh's. DHS Secretary Janet Napolitano has just announced that the 287(g) program of turning local anti-immigrant maniacs like Sheriff Joe Arpaio loose to stalk through minority areas looking for more illegals to round up (though, admittedly, Sheriff Joe himself has been cut out of that part of the program, even though he will still be allowed to comb the jails looking for illegal immigrant jaywalkers to deport), has been extended to 67 localities. If that, together with throwing thousands of minority immigrants out of work through "E-Vilify", isn't "dealing shrewdly" with them, tell me what is.

Roger Algase, Esq.
New York, NY

Dear Editor:
It is with deep regret -- and no small degree of frustration -- that I read letters such as those recently from Jim Roberts and John F (10/20/09 ID) who are so certain that immigrants steal jobs from Americans and, in a more pervasive sense, that they cause irreparable damage to our economy. Carefully researched reports by both liberal and conservative publications concur in that for the greater part, immigrants do not take jobs native citizens will do; on the contrary, studies show that our economy must have immigrant labor in order to recuperate and thrive. Some readily accessible corroboration would be reports from both liberal and conservative sources: the Immigration Policy Center, National Immigration Law Center, the Goldwater Institute, and the CATO Institute. Perhaps the erroneous conclusions featured in letters such as these are grounded in reading the output of the Center for Immigration Studies (CIS) the "think tank" founded by Nativist John Tanton and Fair American Immigration Reform (FAIR) also founded by Tanton. FAIR has long had close ties with hate groups and has, indeed, within the last several years, earned a place for itself on Southern Poverty Law Center's listing of hate groups. For this very reason, many of us object to the ID's publication of essays presented by CIS, notorious for their misrepresentations and out of context citations. Adherence to democracy does not require that media publish/air everything that comes its way -- there is such a thing as journalistic integrity. As one reader put it, if you feel obligated to print everything that comes your way, "why not print the Ku Klux Klan?" Hopefully ID will reconsider its practice and work to contribute to a discussion of immigration reform that is based on reality rather than on allegations that come from hate groups.

R. Heuman

Dear Editor:
Concerning yesterdays Headlines and Letters (10/21/09 ID), yes, the R. Algase letter is "missing something", which is, credibility or "an ounce of compassion" for US citizens for which there is seemingly none left after expending it all on illegals and foreigners. The letter faults a system which has allowed more entry than other lands, apparently because we haven't removed all barriers and installed human conveyers and comfort stations. This myopic view constitutes an Exclusion Policy against Americans. My letter did not "praise" the Chinese Exclusion Act, it only made historical reference to it and can't be compared to the horrific events of the Holocaust or Hiroshima. The former was passed as a temporary measure because some greedy business interests were abusing lax entry policies to bring or encourage large numbers of poor and difficult to assimilate Chinese to America to undercut citizen's wages for greater profits. With this criteria, a similar policy towards Mexico is long past due. There is little doubt as to how the RA letter would answer the Headline question (d) "Am I a racist for thinking the illegal alien costume is funny?" This tired label is specious and is typically used by those who have no other basis in which they can attempt to limit free speech/action. The D. Murray letter is reminded that any scheme for illegals other than deportation is amnesty and unfair to citizens and prospective ones as the letters of Peter G. and L. Coghill point out. Americans have done all the jobs that illegals do and have not bankrupted their states, cheapened birth citizenships, caused citizens to flee, increased crime or created ethnic/civil strife in so doing by adding to the numbers that the Atzlan - Reconquista radicals are trying to achieve.

Jim Roberts

Dear Editor:
Letters of Mr. Roberts (10/21/09 ID) and like minded others should direct the question of why Chinese don't stay in China, Jewish don't stay in Israel or Mexicans don't stay in Mexico for God's sake since God has "defined" everyone's "lands and properties" after the Babel Tower incident to their own European or whatever ancestors of why they came into the lands of Navajoans, Cherokees, Mayans, Incans etc. on the Western Hemisphere ? Many Bible quoting ignorants desperately quote many verses to justify their selfish, hypocrite and double standard point of views and arguments while ignore the facts that God commands us to be the helpers of our neighbors, to share, to love and treat them as we want them to treat ourselves. In the ancient time there were no such a hassle in freedom of movement between societies, kingdoms and territories, no passports nor visas. It's really a shame for anyone today to support global apartheid immigration and apartheid policy just because they hate the reality that they have to compete with anyone on more equal playing field. Mr. Roberts' letter also suggested import tariffs to protect US made products and services, it sounds good but it hurts the consumers by unfairly limiting our choices to buy any products and services for more competitive and reasonable prices just to accommodate labor monopoly, nativism and protectionism. Please keep in mind that international trades and relationship are based on bilateral or multilateral treaties, agreements and reciprocity, the law of eyes for eyes or worse eyes for eyes plus legs will apply in trade wars between nations. Unfair import tariffs on Chinese products means Chinese will switch from Boeing to Airbus and convert its 2 trillion US dollar reserve into gold or Euro instead and it means disaster to our economy indeed.

Robert Yang

Dear Editor:
If you ever need a story about our broken immigration system as it pertains to the visa waiver program, I am your guy. My wife and I were married seven years ago and finally last June we were notified that her case had come up and it was time to go to Juarez to adjust her status. She entered the country illegally in 1998 with her two small children. As I am sure you are aware, the two girls were granted their green cards on the spot, but she needed a waiver. Well her appointment for that waiver was on 8/14/08 and unfortunately she is still in Mexico as I am writing this. I have been told it is 13 to 15 months processing time. Thankfully the 15 months is up next month, but I doubt I will hear anything. So much more to tell but I won't go into more details now. My questions is, if this is the way the system works, why would anybody try to adjust their status?

Name withheld

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