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Immigration Daily

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Immigration Daily November 5, 2009
Previous Issues
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Supremes Weigh Arizona Law

The Miami Herald reports that the Supreme Court has asked the administration for its position on a challenge to an Arizona law that punishes businesses that hire undocumented immigrants. "The justices agreed to ask Obama's solicitor general, Elena Kagan, to submit a brief outlining the administration's views. The justices will review this brief before they decide whether to take up the case."

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


Today Is Deadline For Consular Processing For Beginners

Wednesday, November 4th is the deadline for ILW.COM's new seminar series "Consular Processing For Beginners" with speakers Brian Bolton (discussion leader), Shanni Alexandrovitz, Magdale Labbe Henke, Joan Squires-Lind, Liam Schwartz, Nita Upadhye And Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on November 5: Applications for Non-Immigrant Visas

  • What happens once an H-1/L-1 petition is approved by USCIS
  • What is the role of the Department of State
  • Non-immigrant visa application process
  • Documentary requirements
  • Grounds for denial
  • Security clearances/waivers of grounds of inadmissibility
  • Visa Waiver Program/ESTA system
SECOND Phone Session on December 3: Applications for Immigrant Visas
  • Application process
  • Immigrant Visa Interview
  • Documentary requirements
  • Affidavit of Support issues
  • Validity of immigrant visa
  • What happens if client isn't quite ready to re-locate to U.S.?
THIRD Phone Session on January 7: Proactive Lawyering
  • How to avoid surprise delays/denials
  • Know procedures at the consulate
  • Use the FAM as primary research tool
  • When/how to request advisory opinion
  • How to overcome issues of inadmissibility
  • How much is too much supporting documentation
Wednesday, November 4th 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.


Congress Ends The Widow Penalty
Brent Renison writes "The new law, Public Law No. 111-83, amends the Immigration and Nationality Act by removing the words "for at least two years", allowing widows of U.S. citizens to file petitions for resident status regardless of the length of marriage, provided the marriage is bona fide!"

La Lucha: The Human Cost Of Economic Repression In Cuba
Patricia Linderman for the Foundation For Economic Education writes "After 41 years, many who dream of a better life can only imagine achieving it somewhere else."

Bloggings On Immigration Law And Policy
Greg Siskind writes "I've been monitoring H-1B numbers each month and have noted a rather dramatic jump in filings over the last few months."

To submit an Article for consideration, write to


DHHS Publishes Final Rule On HIV
The Department of Health and Human Services published a final rule in the Federal Register amending its regulations to remove `"Human Immunodeficiency Virus (HIV) infection" from the definition of communicable disease of public health significance.

USICS Provides Latest H1B Cap Count
USCIS announced that as of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.


Help Wanted: Immigration Paralegal
Passaic County, NJ - Experienced immigration paralegal for senior paralegal position law office. Must have excellent writing skills and people skills, working long hours is required, salary offered commensurate. Must speak foreign language. College degree preferred. Send resume and writing sample to:

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.

Translation Services
Eurasia Translations, Inc. has been proud to serve immigration attorneys and individuals since 1993 with the translation of personal documents, academic credentials, criminal clearance letters, etc. Our customers can rest assured that all of our translations are prepared in accordance with USCIS requirements and are accompanied by a notarized certificate of accuracy. For more information, please call 888-887-1884 or visit our website. For a free quote, please complete or fax your document at 818-907-9763.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.


Driving Without English
At least six officers in several different patrol divisions wrote the tickets, each time citing a driver for violating a law that does not exist.

Columbia Farms Settles Immigration Case
South Carolina prosecutors said poultry producer Columbia Farms would pay $1.5 million and improve hiring practices to avoid a conviction for illegal hiring.

Health Care Debate Focuses On Legal Immigrants
Some Republicans favor excluding immigrants who have been legal permanent residents for less than five years, as well as all illegal immigrants.

Immigrant Economy
This is the second of a three-part series on illegal immigration in Arizona and its effects on the state, the economy and the University.


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

Immigration Event
November 17 - This month's CIS Ombudsman teleconference, entitled "USCIS Adoption Petition Processing: How Is It Working for You," will be held at 2:00 -3:00 p.m. EDT. For more info and to rsvp email


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

Dear Editor:
In response to Mr. Murray's letter's (11/03/09 ID) question, whether it is engaged in pointless critique, I'll vote no. His letters are informative and useful, even when they said that I (and California's Guvernator) should not be a citizen, which I am (and his Arnoldness is). Biblical references have their point, but as relatively restrictionist folks no doubt tire of their use in many pro immigration and pro amnesty letters, so too do pro amnesty and/or pro immigration writers tire of their use to promote immigration. Not only is God probably not altogether on anyone's side in this fight, using Him (or opposition to Him) as a stand-in for your own arguments is probably as alienating to the other side as quoting controversial political figures in support of one's position. For example, Mr. Yang's letter's (11/03/09 ID) "If I may quote the "holly books" [sic] again, I think God will cast liars into hell [sic] for sure." undermined a letter that I otherwise enjoyed reading far more than the focus on Western Imperialism as if it were worse than the steady march of the Han, Indonesia's Javanese subjugation of "lesser" neighbors, the spread of the Arabs or African slaving empires of recent history. Most God references in our letters have begun to lose their meaning because they make us stop reading. As for Mrs. Cherly Rodriguez's letter's (11/03/09 ID) claim that Americans won't work with pigs or chickens, I have to say I've worked with sheep, cattle, chickens and even, worst of all, on a guinea pig farm (medical and beauty product testing, plus a few pets) which was far worse. Americans certainly seem to do all the pig farming for hundreds of miles around me, despite the truly awful smell.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
Regarding letter by Lisa, (11/04/09 ID): Couple of errors in thinking in the letter. First, medical care is not "free" in Canada and the UK, as Lisa's letter stated. It is paid for by everyone, big time, through almost confiscatory tax schemes. Even the French and German systems, which in my opinion are the best models for the US to look at, require nominal co-payments at time of treatment by the patient. The UK and Canadian systems do not. It is totally irresponsible to suggest that, at a time when, according to our political "leaders", some 40 million Americans cannot afford health care, foreigners suffering from HIV/AIDS be allowed in to receive life-long , expensive, medical care for those afflictions. I. for one, have a difficult time justifying to myself why I should be forced to cover medical care for people, many of whom are totally responsible for their own condition. And these are mostly fellow Americans. Our government now feels that I should also cough up more money to care for foreigners. Justify this for me. Point two: please all of you understand that the concept of "family reunion" is totally bogus. The easiest way to "reunite" these families would be for the lone illegal or legal immigrant here to return home, wherever that is, to the loving embrace of his/her vast extended family and live happily everafter. Once again, why is the American citizenry required to pick up the bill for the care and feeding of hordes of family members of some foreigner who is here in violation of our laws and our wishes? May they all "reunite" with their beloved families... right back home.

Donald Miller

Dear Editor:
Regarding Mr. Roberts' letter (11/04/09 ID): Border can never be secured even if we build the "$ 1 trillion + smart and electrified Great Wall of North America", but we can make sure that all employers in the US comply with our labor and immigration laws by robust annual or bi annual unannounced work sites inspections just like health, building codes and sanitation compliance inspections. We have millions of illegal immigrants who have put down roots in this country and holding jobs, having families and contributing to the society and paying taxes and act as consumers also for local and national businesses, deporting them means humanitarian and economy disaster for the entire nation. Legalization is a must and common sense way to do, but to prevent the future same problem only work site enforcement can work well to ensure compliance. Countries must have immigration laws but not for the purpose of protectionism to please their whining citizens who think they don't have to compete in any kinds and deserve any entitlements just being lucky to be citizens of those countries. I will not apologize for any of my letters that may contain offensive inconvenient truth to anyone or groups. Yes, telling the truth can be offensive and hurtful but ones must contend with themselves and deal with it. We're just tired by any holier than thou hypocrites that dare to quote any Holy Books, judging others on environmental issues to disguise their xenophobia while they're living in McMansions and pollute this planet the most by their lavish and wasteful lifestyles or asking us to support our fellow Americans by buying made in USA only or condemning same sex marriage and sexual immoralities of others while they don't do what they preach on others.

Robert Yang

Dear Editor:
The Letters of (11/4/09 ID), I partially agree with the J. Frecker letter and others that some of the D. Murray letters have been superb and not "pointless" and I have commented favorably on these. But, at times the latter has strayed from this and made irrelevant comments, pulling out the "race" and "bigot" cards, and now the poll "card". When the DM letter stated some time back that the letters would cease unless an apology was made by another writer, and none was made, it was my "apology by proxy" that precluded this "painting into a corner" and only DM has ever mentioned an end to letters. It is astounding that the letter of M. Swanson would find my letters "insulting", ignoring the the insulting letters of R. Yang. And, why are Bible references ok with other letters? But, a lawyers job entails ignoring truths that would differ from the chosen agenda which is why we see, the only Bible condemnation of a profession in Luke 11: 46 & 52-54. This would make me "sick" too. Those who dislike my letters or references should skip them as ID-ILW.COM has something for everyone. I would like to thank Mr. Frecker for his years with the BP, a difficult and thankless job. But, the reason why most of US rejected any form of amnesty the last time around can be found in his letters, "once the borders are secured". This was promised to US in 1986 and before. citizens are in no mood to have it used as a bargaining chip now for concessions, only to have the enforcement provisions again ignored or tokenly pursued. Entry, laws and borders are supposed to be secured now, without any other bargaining. That is why citizens and/or restrictionists should not have to "compromise" on another shamnesty.

Jim Roberts

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