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Immigration Daily

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Immigration Daily December 31, 2009
Previous Issues
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New Year, New Search

In time for the New Year, ILW.COM is delighted to launch a new and improved site search using the Google search engine. The familiar power of Google search is now at your fingertips when you search ILW.COM. The advanced search enables you to selectively search the main website, the blogs and the discussion board. Let us know what you think of our new search by writing to us at

2009 has been a rough year for many in this economy and especially for many in the immigration field. With visions of holiday feasts, New Years champagne and CIR, here's to a prosperous and joyous 2010 for us all.

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:


Consular Corner: December 2009
Liam Schwartz writes "Congratulations to Assistant Secretary Jacobs, whose efforts to create "a positive visa experience" for foreign students are at the root of the recent increases in foreign student attendance at US colleges and universities."

Freedom Of The Press
Gary McGath for the Foundation For Economic Education writes "Freedom of the press and freedom of the market are inseparable. One cannot exist without the other any more than a persons head and body can be separated and that person still live."

Bloggings On Immigration Law And Policy
Greg Siskind writes "Like most of you, I have been following the case of Umar Farouk Abdulmutallab, the 23-year old Nigerian man who attempted to ignite a bomb on a flight from Amsterdam to Detroit. As facts begin to emerge, we can now start to discuss the immigration issues that arise in the case."

To submit an Article for consideration, write to


DHS Stays REAL ID Compliance Date
DHS published a final rule that stays the January 1, 2010 date that states must be in material compliance with the REAL ID ACT of 2005.

CRS Report On Health-Related Grounds For Exclusion
The Congressional Research Service released its report on immigration policies and issues of health-related grounds for exclusion.


Immigration Law Certificate
Classes offered both online and in-person. 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. For more information on class schedules, tuition and fees, course applications and to register, see here.

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.

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.


White House Prepares For Immigration Fight
The Obama administration has told immigration reform backers the president is committed to giving illegal immigrants a path to U.S. citizenship, officials said.

The Amnesty To End All Amnesties
But the current bill, introduced in the House of Representatives last week, aiming to repair our broken immigration system lays a solid foundation for restoring our proud tradition as a nation of immigrants.

Families Separated By Miles, Years And Immigration Laws
When Peter Aldeza first arrived in Illinois from the Philippines, he filed U.S. immigration paperwork to allow his older brother and sister to join him. That was 26 years ago.

Immigration Reform Next For Congress
Millions of immigrants, documented and undocumented, have waited on the sidelines while Congress and The White House battled over healthcare reform this entire year. On Tuesday, December 15, however, their wait seemed to get a little shorter.


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

Dear Editor:
ID repeats without comment a "news" blurb from a publication "serving" Virginia's notoriously anti-immigrant Prince William County, falsely entitled "Anti-ICE Legislation introduced on Capitol Hill" (12/30/09 ID). The article turns out to be about a bill introduced in Congress that would try to place some controls over abusive immigration detention practices and other "enforcement only" excesses. This is not "anti-ICE"; it is merely an attempt to save lives endangered by medical neglect and other horrible detention conditions. The article also states that only "Democrat" Representatives are willing to sponsor the bill. Ever since the McCarthy era in the 1950's, "Democrat", used as an adjective in place of "Democratic" has been a slur used by right wing extremists to imply that the Democratic party is the party of treason. I commend ID for its willingness to give a voice to all sorts of differing opinions about immigration. In this regard, ID is performing a valuable public service. But perhaps some procedure could be put in place to distinguish between a genuine news item, which the above article is not, and an expression of blatant far right opinion and propaganda, which it most definitely is. The more Honza Prchal's letters flounder around for excuses to justify their bias against Mexican immigrants as "difficult to assimilate" (the same thing that was said about Jews when my Jewish grandparents came to America in the late 19th century - the only difference being that, according to at least one study I have seen, Mexicans learn English faster on the average than did earlier immigrants), the more they resemble someone digging a hole deeper to try to get out of it. Bravo to Lisa for her wonderful letter (12/30/09 ID).

Roger Algase, Esq.
New York, NY

Dear Editor:
I agree with Honza Prchal's letter (12/30/2009 ID) that Bi-culturalism is bad and I agree that with a preponderance of Mexicans among Spanish speakers, it is harder for Mexicans to assimilate. A perfect example is Southern California . A personal example is my own neighborhood, where one need not speak a word of English to survive just fine, from the supermarket to the gas station, to the donut shop, to the barber, to the fast food restaurants, the pharmacies, or to the street corners, where the illegal aliens hang out, eagerly awaiting day-laboring jobs. I have lived in this neighborhood for 25 years. It was predominately Mexican when I moved in and it is even more so now. No, bi-culturalism is not good, because it separates us through language and culture, an example being the supermarket four blocks from my house, where the signs at the cash register are all in Spanish though a sign on the outside is in English under the Spanish. Although the sales clerks are friendly and are all bi-lingual, I do not feel welcome in that store and I get strange stares from the Mexican shoppers - a kind of "what are you doing here" look. As to Mr. Prchal's letter's suggestion that, "We need to vary the mix to both speed assimilation," I agree, and that is exactly what the Diversity Program was intended to do. As Mr. Prchal's letter points out, the numbers are still too heavily weighted in favor of those who can simply jump the fence. Until we have effective enforcement of the nation's immigration laws, and due respect given to those laws by aliens and US citizen employers alike, we will continue to have the chaos we are currently experiencing. No Amnesty, in any form, will ever change that.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Last ID issue (12/30/09 ID) contains an excellent article from The Migration Policy Institute on our dysfunctional immigration policies, wherein illegal entry is relatively cost free (at least on the front end) and flexible to entrants, whereas legal entry is burdensome and inflexible, thereby de facto privileging illegal, relatively low value immigration as opposed to high value legal immigration. Further, present policy decreases the disparity in value between high value and low value immigration by making high value immigration slow and inflexible in terms of entrants accepted - thereby making high value immigrant flows significantly sub-optimal. It would seem a rational policy would put more emphasis on making legal entry easier in order to reduce the comparative advantage law value immigrants enjoy over high value immigrants. Further it seems that reducing barriers to legal entry is cheaper per unit of benefit to the United States than it is to increase enforcement efforts on the present model. Sadly, unless Newt Gingrich or one of the smarter Kennedies becomes speaker of the House and Steve Forbes or John McCain becomes president of the United States, I do not see that particular policy mix being adopted any time soon.

Honza Prchal, Esq.
Birmingham, AL

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