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Immigration Daily

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Immigration Daily December 21, 2009
Previous Issues
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Holiday Spirit

Alternet reports "But, in the spirit of the season, American Apparel has not forgotten the individuals who contributed so much to their company and have fallen victim to a system that continues to penalize families who want nothing more than to be part of our great nation and it's economy." For the full story, see here.

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


Immigration Practice By Robert C. Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam is an invaluable supplement to Kurzban's with a different approach. It is also useful to newer practitioners and paralegals in view of its easy to understand and practical style. For more info, see here. To order by fax, see here.


Bloggings On Dysfunctional Government
Angelo A. Paparelli writes "Law-abiding employers who rely on foreign citizens with brainpower, talent and rare skillsets should fly over these skirmishes and instead parachute directly into Title V and its thicket of 68 dense, befuddling and mostly anti-business provisions."

Bloggings on Deportation And Removal
Matthew Kolken writes "The Supreme Court of the United States (SCOTUS) has granted cert. in a case involving the issue of whether a conviction under state law for simple drug possession, which is a federal misdemeanor, is an aggravated felony which has distinct and fatal immigration consequences."

To submit an Article for consideration, write to


USCIS On Change of Filing Location for Form N-400
USCIS announced revised addresses for applicants filing a Form N-400 at USCIS Lockbox facilities in Phoenix and Dallas. This filing address change takes effect immediately.

USCIS Reminds H1C Category Expires Dec 21st
USCIS reminds the public that the H-1C nonimmigrant category expires on Dec. 21, 2009.


Help Wanted: Immigration Professional
INSZoom seeks software sales executive to generate new business by cold calling to develop new markets in the US immigration law firm vertical. Requirements include: Excellent usage of MS Outlook, Word, and Excel, meticulous organizational skills, proven sales track record, confidence with cold calling, skilled at online demos, strong communication skills, ability to multitask, travel required (10-20%). Earn while you learn - success will be amply rewarded. $48-$50K base + commission. Competitive benefits package offered. Qualified applicants encouraged to apply. Please send cover letter + resume to: with subject line indicating position. No calls please, all applications must be submitted to: Principals only.

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.

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.


Victims Hurt Twice in U.S. Trafficking War
She had come, legally, as part of a cultural exchange program, but her life had taken an unexpected and terrifying turn in Middle America.

Bill Kicks Off Immigration Reform Effort
But whether or not the bill has enough backing to get passed remains a question mark for observers.

Our Broken Immigration System - Penalizing Those Who Follow The Rules
It's common knowledge that our immigration system is broken. What follows is an example of how broken it is.

Immigration Reform And The Jewish Community
Given the historical experience of the Jewish people, it is reasonable that we have something of value to contribute to the immigration reform debate.


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

Immigration Event
The USCIS Office of Public Engagement cordially invites you to a collaboration session issues related to the unauthorized practice of law and ineffective assistance of counsel. Tuesday, January 12, 2010 2:00 4:00 pm. Call-in information will be provided when you RSVP. Provide your full name and the organization you represent to Rachel Ellis at or (202) 272-1240 by Friday, January 8.


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

Dear Editor:
Whether the Bible is relevant to the modern immigration debate depends on whether it is being presented as a super statute which should prevail over the civil laws of the nation; or as a historical text, recorded by persons who were the US cultural forbearers. As a historical text, it shows that there is a acknowledgement within the Judeo-Christian - and similarly in the Muslim - worldview, of responsibility to provide a vulnerable stranger with the protection of one's house when asked. That responsibility still resonates in modern asylum law. However, the responsibility did not encompass making the stranger a permanent member of one's household, as Jim Robert's letter of December 10 correctly alludes to: the stranger is a "sojourner," someone who is only temporarily in a strange land. The distinction between and differing treatment of temporary visitors and permanent members of one's household is incorporated into the immigration laws of most modern Western democracies. History has shown there is universal human impulse to draw lines between who is "us" and who is "them." One can rail against that impulse, saying that it runs counter to the ideal of a global, egalitarian fraternity of personhood - but human impulse will prevail. Borders between groups of people, some natural and organic, some contrived and political, will always exist. Moreover, in my experience, persons who exhort for an elimination of them usually do so for self-centered reasons relating to economic gain, not lofty visions of a better society. Someone or something they want is on the other side of the border; and so their efforts go to driving the controlling authority to eliminate the border or make a small hole in it for them - rather than re-evaluating and adjusting their wants. And so the struggle, both personal and global, continues.

Jay McTyier

Dear Editor:
I don't think we need to call on the dieties to justify immigration reform we only need look to our common sense and the laws of natural order and human decency, at least in regard to re-unification of families that contain US Citizens and foreign nationals. First and foremost its a cost effective solution, as a tax payer I know these waivers cost a boatload to process and are a nasty sucking sound on the resources of USCIS, DHS and the BIA. These are people who have a future Immigration benefit available, so waiver reform makes perfect sense from a fiscal perspective, there is no logic in processing a waiver packet, denying, adjudicating and going to court vs simple processing a VISA. Keeping families separated till a draconian punishment is served doesn't prevent any future immigration violation from these immigrants, they will be LPR's and eventually Citizens, there is no recidivism in these matters. Discretionary income of the families who now spend half their income overseas supporting one family in two different countries will be a shot in the arm to our ailing economy.We can look to empirical evidence that tells us the best place to raise a child is in a loving two parent home. Whether you are religious or not some things our gut tells us are the right thing to do and waiver reform nothwithstanding CIR is one of them.

Sergi Sheplov

Dear Editor:
China today has more highway and high speed train networks than ours, building bridges, airports, sea ports and pouring money into other infrastructures and education and improving living standard to many of its citizens while we still waste hundred of billions dollar on wars in Iraq and Afghanistan. China can reach highest economy growth on Earth partly thanks to its stability by no non sense policies to deal with religious ignorance, intolerance, violence and fraud to brainwash the masses. No Islamic terrorists dare to mess up with Chinese authority nor Dalai Lama can any longer brainwash his Tibetan people to worship and serve him as his slaves and think he's a demigod, nor allowing other sovereign nation such as Vatican to dictate its family planning program or to tell China whether this and that are "sinful" or not. While it's still far for the ideal and perfection, China has much more religious freedom, human rights and gender equality than any Islamic nations on Earth and yet no Americans and Westerners dare to speak out this truth, what a shame. China has 2 trillion USD foreign reserve and adding more and more. Open border with China doesn't mean all Chinese will move in drove to US. With much better living standard, infrastructures, business and job opportunities at home why anyone should immigrate to other nations? Open border is a threat for protectionists and isolationists and pardon me, immigration lawyers as well. Who need an immigration lawyer at all if all human beings have freedom to move, work and live where ever they like legally and ethically. That was also why there wasn't any immigration lawyers in the past, because in the past there was open border and less fuss about ones moving here and there trying to trade and survive.

Robert Yang

Dear Editor:
"I pledge allegiance to the flag of the United States of America and to the Republic for which it stands: one Nation under God, indivisible, with liberty and justice for all" is sworn daily by schools, civic and legislative groups as an oath of loyalty to the U.S. Daniel Webster, an early Sec. of State, spoke of America's Christian heritage: "If we abide by the principles taught in the Bible, our country will go on prospering but if we and our posterity neglect its instructions and authority, no man can tell how sudden a catastrophe may overwhelm us and bury all our glory in profound obscurity .. Our ancestors established their system of government on morality and religious sentiment .. No government can be secure which is not supported by moral habits .. Let us not forget the religious character of our origin .. Our fathers were brought hither by their high veneration for the Christian religion .. They journeyed by its light, and labored in its hope .. They sought to incorporate its principles with the elements of their society, and to diffuse its influence through all their institutions, civil, political, or literary". In contrast, "Globalists detest America. They scoff at patriotism. They deride tradition. They laugh at our refusal to relinquish our Constitution and they are ashamed of our founding fathers. In their tortured world view, we are not citizens, but customers and workers and if we will not behave, we can be replaced, easily. The religion they preach is consumerism; They have loyalty to no God, nation, traditions, borders or cultures." [ "Macroeconomic Equalibria, Globalist Agenda, and You" by C.J. Graham] "Except the Lord build the house, they labour in vain that build it" (Psalms 127)

Jim Roberts

Dear Editor:
This is in response to Mr Prchal's letter (ID 12/18/09) in defense of the original position he took in another letter (ID 12/15/09), that immigration law should get into the business of modulating national origin quotas based on how well immigrants "assimilate" as opposed to forming "slow assimilating ghettos". While I find the defense presented in this letter to be an improvement, it is still far from clear how such a policy would be either fair to would-be immigrants or effective for America. Mr. Prchal's most recent letter claims that "assimilation" can be objectively measured by data such as tax records, graduation rates and home ownership. I am somewhat relieved that these metrics (that after all coincide with personal betterment) sound far less ominous than ill-defined terms like "assimilation". But to implement such a policy, perfectly legal immigrants would essentially need to submit to surveillance on perfectly legal activities such as not graduating and not buying a home, so that the government can make notes on barring their ilk in the future. Thirdly, a badly needed PhD in green energy from Mexico would not be allowed to immigrate to the US just because there are too many people from Mexico doing low-end jobs in the US. Mr. Prchal's letter claims that this would be no different from the VWP which also uses objective data to exempt nationals of certain countries from obtaining a visa. It would be no different only if the US flat out refused entry to non-VWP nationals, or alternatively required them to spend at least as much money in the US as the average VWP national does. That is not what the US does today. It recognizes that visa fraud from some countries prevents blanket permission to visit the US, and therefore grants such permission on a case by case basis.

Trivikram Krishnamurthy
Sunnyvale, CA

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