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Immigration Daily September 24, 2003
Previous Issues
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Editor's Comments

Child Status Protection Act

We are pleased to bring you today's Featured article by distinguished practitioners Tammy Fox-Isicoff and H. Ronald Klasko on the Child Status Protection Act (CSPA). Ms. Fox-Isicoff and Mr. Klasko discuss the complexity underlying the CSPA and offer strategies specifically addressing the following 3 questions:

  1. How does the CSPA apply to children who turn 21 years of age prior to August 6, 2002?
  2. How is the CSPA affected by concurrent filing of adjustment of status applications?
  3. What procedure must be followed in order for a child to benefit from the CSPA if the child will be a following to join immigrant visa applicant?
To read this article, see here.


ILW.COM Focus

Nurses And Other Health Professionals Seminar - A Holistic Approach

ILW.COM's new telephonic seminar "Current Issues In Immigration For Nurses And Other Healthcare Professionals (PTs/OTs/MTs/MLTs/SLPs-As/Physician Assistants)" is organized in cooperation with CGFNS (Commission on Graduates of Foreign Nursing Schools). The intent of the 3 sessions of this seminar series is to cover the subject holistically, from several approaches.

The September 30 session will cover immigration law issues, including BCIS and VisaScreen issues. The speakers will be distinguished practioners in this sub-specialty of immigration law.
The October 23 session will cover employment issues. The speakers will represent major healthcare organizations.
The November 24 session will cover state licensure and consular processing issues. The speakers will be representatives of State licensing boards and at least one expert in consular processing matters.

The seminar series is designed to be useful to immigration practitioners, recruiters, employers, and other interested parties - we believe that it will materially assist all those with a serious interest in Nurses and other health professions.

The deadline to register is Friday, September 26th. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/september2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/september2003.pdf


Featured Article

The Child Status Protection Act: Is Your Child Protected?
Tammy Fox-Isicoff and H. Ronald Klasko discuss the issues that are critical to determining which children will receive coverage under the CSPA, all of which are presently the subject of some debate or controversy.


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Immigration Law News

Senate H-1B Hearing Additional Testimony
The Senate Judiciary Committee held a hearing on H1-Bs and received testimony from Mr John Steadman, President-Elect IEEE-USA.

DHS H-1B Report Says Number Of India-Born H-1B Workers Declined By 60%
The Office Immigration Statistics of the DHS released its annual report on characteristics of speciality occupation workers (H-1B) for FY '02.

GAO Says US-Visit Program Is Very Risky Endeavor
The Government Accounting Office of Congress issued a report based on its examination of the US-VISIT Program, and included recommendations to the Secretary of DHS aimed at minimizing the risks facing US-VISIT.

BALCA Notes Female Spouse Is Shown As Housewife On Tax Return In Domestic Cook Case
In the Matter of Susan & Robert Hermanos, No. 2002-INA-256 (BALCA, Aug. 28, 2003), the Board of Alien Labor Certification Appeals said in a live-in cook case that the offered wage, being 31% of the household's gross income was a substantial expense, and noted that even though Employer repeatedly argued that the female spouse's job prevented her from running the household, the tax return showed that her job was housewife.

BALCA Says Employer's Bare Assertion Does Not Amount To Proof
In the Matter of Britton Bridge, No. 2002-INA-119 (BALCA, Aug. 27, 2003), the Board of Alien Labor Certification Appeals said that Employer's bare assertion that the wage offered was fair does not amount to proof.

Migrant Worker Program Reached, 1st Large-Scale Immigration Pact Since '86
The Oregonian reports "Roughly a half-million undocumented farm workers could win legal residency after six years in the fields, and eventually apply for citizenship, under a bipartisan federal agreement."

H-1B Visa Use Declining Contrary To Popular Opinion
The Denver Post reports "The use of H1-B visas, which allow foreigners to work in the US for up to six years, has dropped 75 percent in one year, according to new numbers released by the American Electronics Association, a trade group that represents 3,000 tech firms."


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Classifieds

Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

Case Management Technology
Do you want to grow your immigration business in today's market? If so, let Emaximm help. Successful attorneys invest in the best technology to run their practice, so they can maximize the use of their time. Emaximm technology uses automation and easy to use tools that allow immigration attorneys to maximize their resources and improve profitability. Just enter a sample case in Emaximm and have your prospects and clients log into their client center for instant status and dialogue with your firm. No hidden costs, no setup fees, no per case fee, free phone support. Best of breed technology for a simple price tag. Test it out. You'll find it will be your smartest immigration tool. Visit our website at: https://www.emaximm.com to sign up for a test drive. For more information, email us at testdrive@Emaximm.com or call us at either one of our locations: Michigan: (248) 844-1200 x 204 or New Jersey: (732) 423-5159.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
I have a hard time understanding how a person, an immigration attorney, can on the one hand believe that the forced deportation of undocumented people is the right thing to do for this country, and on the other, help these same people with their immigration issues. If that's the case, and I have no evidence to the contrary, it must weigh heavily on the conscience. How can we say as human beings, that destroying the lives that undocumented people have built here in the US, people whose ancestors were here far before some of us ever knew this place existed, by sending them back to a place they can barely live, is somehow the moral and just thing to do? I certainly can't reconcile that in my heart and mind. While undocumented people are living here illegally, I don't see anything unjust or immoral about it. Immoral would be to allow your children to starve to death when there was a chance, however small, that you might be able to provide at least a basic existence for them by traveling to another country, where you will work as a busboy at two restaurants, even though you are a 40 year old man, share a one bedroom apartment with 10 others who are similarly situated, and send what money you don't need for food, back to your family. Immoral would also be to send these people back effectively destroying their lives so that we won't feel threatened by people we perceive as different. Deport Ken Lay, not the local gardener or busboy.

By the way, I agree wholeheartedly with SJD & Richard Baer's letters. Also, in response to another comment from a previous posting. I am an African-American, who lives and grew up in one of the largest and most diverse cities in the country, and I can tell you that not one African-American I have ever met has any concern that somehow, Latinos are taking jobs away from them. Not to say that some misguided souls, falling for the constant "divide & conquer" tactics of a certain segment of the population aren't parroting this concern. But, at a local level, this just isn't a problem that is being discussed.

Justin Randolph
Chicago, IL

Dear Editor:
SJD's letter proposes legalization then meaningful immigration reform, which is precisely what we should not do. Meaningful immigration reform, including commitment to enforcement, must come first, or all we will have is a repeat of the 1986 amnesty and subsequent increase in illegal immigration. With immigration reform and enforcement in place, then perhaps we can discuss some type of legalization. The "guest worker" programs such as those proposed by Kolbe and Flake, or any amnesty program for that matter, are doomed to failure as a means of reducing illegal immigration if they are not accompanied by strict enforcement of immigration laws. Why on earth would an employer go to the trouble and expense of hiring through these programs, and being subject to their requirements, when he can still get illegal workers cheaper and without the oversight? And without any real penalty? Why would an illegal employee risk having his/her presence on record, when there is the possibility that they will not be able to remain here? In fact, one of the sponsors of these programs himself claimed that big business was not behind guest worker programs. If big business is not behind it, why would it use it if it is still able to hire workers illegally with impunity? And what do "guest worker" programs plan to do about all the workers who want to come here, but for which there will be no jobs? They will still come illegally, if laws are not enforced. Given the tremendous backlog on processing all immigration applications, and the current inability, in terms of manpower and cooperation, of immigration authorities to monitor the programs already in place, there is simply no way that a new guest worker program will prove anything but a drain on and diversion of existing resources. Rampant fraud was found in the 1986 amnesty program, and the GAO has found it in the current H1-B visa program, can we expect anything else from a new guest worker program. Particularly when immigration authorities haven't the resources to monitor it closely?

Ali Alexander

Dear Editor:
SJD and Richard Baer's letters to the Editor could be Exhibits A and B in the case against immigration lawyers being the sole or major determinants of entry policy. SJD's elitist and self-serving belief that, "...only people with a sophisticated grasp of the complexities of immigration law can contribute significantly...", is typical. The sole purpose and existence of America is not to process and to assimilate unlimited numbers of foreigners. We are a nation with lives, goals and problems of our own. This statement includes recent immigrant citizens. There is no right of non-citizens to migrate here, but it is a privilege, or should be. Any individual, profession, or policy that fails to recognize this is an infringement upon existing citizens and their rights. To be against the massive immigration invasion is not to be anti-immigrant. It is only to recognize the negative impact, difficulties and imposition of excessive entry and to advocate limited entry numbers. Those who tout the benefits of immigration ignoring reasonable limits or advocating unlimited numbers do a disservice to our society. When one takes a morning shower, the reasonable behavior is to seek a proper mix of hot and cold water that is acceptable without being harmful. The idiocy of calling someone a "thermophobe" or accusations of discrimination, hate or venom against cold or hot water in this process or to maintain that only an attorney can determine the proper ratio reveals, by this practical example, such name calling and rhetoric for what it is, a phony and bankrupt intellectual position with possible other motivations. The record levels of legal immigration, together with massive illegal entry is the equivalent of scalding hot water upon US. SJD still maintains that, "... our country was built on the backs of slaves and illegal immigrants, or on our illegal conquest of land" despite my last letter discussing the US history of land purchases from those who never compensated anyone and we are told over and over that it was primarily migrants who built our country. (Slaves are not considered migrants in the strict meaning) What is truly amazing is that in the aftermath of 9/11 and with the ongoing terrorist threat, much of it made possible by lax immigration and border policies, that Mr. Baer can make the statement that, "...the fears against immigrants are as unjustified today they were in the past". When entry is not limited, allocated and controlled, the conditions in which terrorists can operate are created along with numerous other negatives. Even his reference, "The Hidden History of Immigration" by Martin Ford states as its theme that, "History often hides from those who make it" and goes into some detail about the great difficulties of assimilation of migrants, stating that it takes three generations to accomplish. This can only be done on a limited, controlled basis and to allow otherwise overloads our systems and society. Mr. Ford also makes many references to the orderly, limited and screening process that went on at Ellis Island. How is that possible today with the blatant numbers of undocumented and untracked entrants? He also states that from the 1600's to 1890, that 7 million Germans came to America. We have had more than that of Mexican illegals in the past decade. This is the reason Mexico and Latinos have to be prominently mentioned in addressing this problem because of their proximity, numbers and separatist statements and aggressive actions. The Europeans, Africans and others can't swim across the Atlantic. This is succinctly discussed by Prof. Maria Hsia Chang in "Multiculturism, Immigration and Aztlan" at: http://www.diversityalliance.org/docs/Chang-aztlan.html. This phenomenon constitutes an Immigration emergency as defined in 8 USC 1101 (INA) Section 103(a)(8) 65.81, which defines: "Immigration emergency means an actual or imminent influx of aliens which is of such magnitude or exhibits such other characteristics that effective administration of the immigration laws of the United States is beyond the existing capabilities of the Immigration and Naturalization Service (INS) in the affected area or areas". And with the porous borders, has the cooperation of Mexico with other nations against our interests been considered? It has by Scott Gulbransen whose recent book at: http://www.thesilentinvasion.com describes an active Chinese military influence taking place in northern Mexico. We would be foolish to assume that 9/11 is the end of threats. Neither Mexico, nor the millions of them who have come here will always be content to remain in the "poor neighbor" role. It cannot be stated any clearer in regards to illegals than Ali Alexander's letter has done: "...ultimately, my main objection to legalizing those here illegally, visa overstays or EWI, is that it is fundamentally unfair and unjust". The several amnesties of the past have not been the solution as SJD naively hopes, but have only resulted in millions more making the arrogant decision to violate our borders, culture and sovereignty making the problem worse. To reward lawbreaking is wrong. The reform that is needed is to fully secure the borders and to reduce immigration levels to manageable levels (with a moratorium on Mexico due to past excesses) which enhances security. The desires and pocketbooks of foreigners, globalists and excessive immigration advocates should not come before those of US citizens.

R. L. Ranger

Dear Editor:
The section of Miami known as Little Havana can sleep a little easier now as serial rapist Reynaldo Elias Rapolo has been caught by police and charged with at least seven rapes including one of a little girl only eleven years old. Some may ask why does this belong on an immigration forum? I'll tell you. Mr. Rapolo is an illegal alien from Honduras who overstayed his tourist visa and drawn to the US by constant amnesties like 245(i) and a total lack of enforcement of immigration violations. If there was ever a reason to completely stop sending a message that everyone living in the US illegally who escapes INS capture will get rewarded with their papers it is now. If you do not want to listen to reason, if you do not want to listen to the people who are waiting their turn overseas for a chance at legal entry then please listen to the victims of Mr. Rapolo and their families.

Chucky

Dear Editor:
Just a note to say that the links for the 2 BALCA cases mentioned in Immigration Daily and on ILW.COM both go to the same case (the first one listed). I can't find the case about avoiding the SCA wage.

Charles

Editor's Note: Thanks for pointing out our link error. The link to "In the Matters of Garibaldi's Restaurant" BALCA case has been corrected.


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 editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

© Copyright 1999-2003 American Immigration LLC, ILW.COM


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