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Immigration Daily

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Immigration Daily November 23, 2009
Previous Issues
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Cyber Hijacking Claim

The Milwaukee-Wisconsin Journal Sentinel reports "He was aware of only one other lawsuit in which one law firm was suing over another's use of its name as paid search keywords, but in that case, the aggrieved lawyers sued Google, not the other law firm, and claimed unfair trade practices." 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:


The 287g Program: Protecting Home Towns And Homeland
Jessica Vaughan and James R. Edwards Jr. for the Center for Immigration Studies write "But even with these changes, which seem to be based on unsubstantiated criticism from ethnic and civil liberties groups, the 287(g) program still remains an effective tool in immigration law enforcement and local crime-fighting."

Bloggings on Deportation And Removal
Matthew Kolken writes "The New York Times has reported that Immigration enforcement officials intends to expand the E-Verify auditing program to companies the Department of Homeland Security suspects to have engaged in the unlawful hiring of undocumented workers."

Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "The trip-spoiler is a little known provision of the Immigration and Nationality Act (INA), known as 221(g)."

To submit an Article for consideration, write to


USCIS Answers National Stakeholder Questions
USCIS published its responses to national stakeholder questions from its August 25, 2009 USCIS National Stakeholder meeting.

CRS On Terrorist Grounds For Exclusion And Removal Of Aliens
The Congressional Research Service released a report describing the terrorism-related grounds for inadmissibility and deportation/removal.


Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel seeks experienced attorneys to apply for the associate counsel position at the Litigation Coordination Division (LCD). Primarily responsible for assisting in provision of litigation support in immigration cases involving USCIS operational components. Applicants must possess JD degree, be an active member of the bar and have 1+ years of post JD experience. For more info, key in Job Announcement Number COU-CIS-2009-0009: at Applicants must provide cover letter, references, resume, and writing sample (max. 5pps) to: Evan Franke, Chief, LCD at: Must be received by close of business Friday, Dec 4, 2009. GS-13-GS-15 levels. No relocation reimbursement expenses available. Appointments made under the provisions of this announcement are Excepted from the Competitive Civil Service.

Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeks mature and responsible paralegal with 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 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. Please email resume, references, writing sample + cover letter with salary expectations to No calls please.

Translation Services
Certified translations by Legal Language Services in 157 languages have helped immigration attorneys throughout the United States for more than 25 years. Legal Language translates birth and marriage certificates, academic degrees, health records, employment information and other documents needed for immigration proceedings. Legal Language meets all USCIS translation requirements. Legal Language also offers consecutive and simultaneous interpreting, as well as certified transcription, in support of immigration proceedings. Rush service, including same day service, is available for a slight additional fee. For a free consultation or for more info: call 1-800-788-0450 or email or visit us at In addition, Legal Language seeks experienced immigration attorneys to contribute to our blog and respond to questions from visitors to our site. Email us to discuss further.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Visa with Global Current, a service of AIESEC U.S., a leader in international exchange and professional training for over 50 years. Unlike other visas, the J-1 does not require a lengthy petitioning process, has few restrictions and can be processed at any time of year to facilitate the quick and simple implementation of an Exchange Visitor Program. Global Current has developed a streamlined sponsorship process supported by J-1 experts that allows us to maintain an unrivaled 48 hour turnaround time on complete applications. Global Current provides J-1 Trainee and Intern programs in a variety of occupational categories including law, engineering, finance, architecture, graphic design, marketing and fashion. For more information on eligibility requirements and a complete list of occupational categories, visit or email Melany Hamner at

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board of Immigration Appeals? We offer same day service to the BIA. We are conveniently located only a block away. Fax us your Notice to Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and we will personally file it for you, obtain a stamped date copy and mail/fax it back to you. We offer competitive rates and unparallelled service. For information, contact us: Brief-X-Press, Falls Church, VA Fax: (703) 845-5991.


How The Recession's Affecting Immigration
You know the U.S. is in a recession when Mexicans are sending money to relatives in the US.

Busy Agenda Clouds Hopes For Immigration Reform
Some U.S. Democrats see momentum building for an overhaul of immigration laws that would legalize millions of undocumented workers, but analysts say a crowded agenda and struggling economy may once again sink hopes for reform next year.

Rubio Says Reagan Was Wrong on Immigration
The act (which, by the way, was signed when Rubio was 15) made it illegal for employers to knowingly hire illegal immigrants, but also granted amnesty to some 2.7 million illegal workers who had been in the US since before 1982.

Release Of Citizen Held In Immigration Detention Highlights Difficulties For Others
Thanks to the help of Harvard Law School volunteers, an HLS alumna, and a Stanford law grad, a U.S. citizen mistakenly detained by ICE and held among regular prisoners at the Bristol County House of Correction in North Dartmouth, Mass. was released after a monthlong detention.


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

New Practice - New York, NY
Pryor Cashman LLP announced the formation and launch of an Immigration Law practice headed by new partner Colleen L. Caden, who joined the firm November 16, 2009 at its New York City offices. Caden comes to Pryor Cashman after spending the past decade at Immigration law firm Fragomen, Del Rey, Bernsen & Loewy, LLP.


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

Dear Editor:
I have often disagreed with Honza Prchal's letters. But his 11/20/09 ID letter is right on target when it says that the Bush/Obama immigration enforcement policies have done nothing to help the US economy and that we need more rational laws to encourage legal immigration. Many bravos for Mr. Prchal's sensible letter. The only thing I would add is that immigration is less of an economic or law enforcement issue (and less still an overpopulation, environmental, terrorism, health, education or any other red herring scare tactic issue of the anti-immigrant lobby) than it is a social issue: Is America ready to accept diversity and the inevitable loss of white majority status within the next few decades? Or will America head in its current direction of more intolerance and police-state tactics to stave off its demographic shift as long as possible? It all depends on which kind of country we want to live in.

Roger Algase, Esq.
New York, NY

Dear Editor:
There is little to agree with yesterday's Letters (11/20/09 ID) by R. Algase and H. Prchal which features slanted opinions, altered reality and outright falsehoods by attorneys in order to justify mass entry, an impossible task. Ike and Truman presided over post-war boom times in which the middle class greatly expanded economic standards and without large numbers of foreign entry. Hoover was elected a year before the '29 crash in similar good times. Both Bush and BO have and are pursuing amnesty for illegals which only paves the way for millions of others to come with only showtime, token enforcement. Many States as well as US are on the brink of bankruptcy. More serious enforcement and policies are needed to limit entry, not an increase. The HP letters first denied the Latino irredentist movement, then questioned it and now supports it. We citizens can only hope that, "the health care push, etc. have sucked the oxygen" from any amnesty. Large numbers of foreign entry precludes assimilation as present day realities and the Latino - Muslim separatists agendas attest and are "needed" only for empire building, not nation building, as the Roman Empire and subsequent Fall showed. The R. Yang letters could be Exhibit A in the lack of assimilation of other cultures with no respect for ours. Libertarian G. North's "Is There A Right To Work?" [11/19/09 ID] (who also predicted the Y2K "collapse") tediously argues both sides of the right to freedom and work and then wrongfully concludes that, anyone's liberty can operate "without any threat of coercion by the civil government" ignoring his own, "Right to Exclude" arguments, not only individually, but also by governments through the collective will of the people.

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