USCIS Responds To Ombudsman Recommendations
USCIS responded to 27 out of 30 of the recommendations made by the CIS Ombudsman. For the item, see below.
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Immigration Practice by Robert C. Divine And R. Blake Chisam 2006-2007 Edition
Immigration Practice by Robert C. Divine & R. Blake Chisam 2006-2007 Edition is an invaluable
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The Orantes Injunction and Expedited Removal
Josh Bernstein of the National Immigration Law Center writes "The DHS’s legislative proposal purportedly to deal with
the Orantes injunction is not narrowly tailored. It would apply arbitrary and unrealistic
deadlines and require duplicative court actions in all immigration law cases where the
government is found to have violated the Constitution or the law."
USCIS Responds To CIS Ombudsman Recommendations
USCIS responded to the first twenty-seven of the CIS Ombudsman's thirty formal recommendations.
Help Wanted: Immigration Paralegal
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Help Wanted: Immigration Attorney
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Help Wanted: Immigration Paralegal
Small downtown Washington, DC firm seeking a mature, conscientious and detail-oriented senior paralegal (minimum 5 years experience in an immigration firm). Must have experience in handling both family and business immigration cases, preferably in a small firm environment. Must have excellent research and English writing skills. Candidates with Spanish language proficiency will be considered first. We prefer applicants who are already local to the Washington, DC area. We are
a boutique immigration firm with a fast-paced yet collegial atmosphere and no billable hours requirements. We offer a competitive salary and benefits - both traditional (health insurance) and non-traditional (in-office professional massage). Please send resume + writing sample to Paul S. Haar, Esq., 1150 Connecticut Avenue, NW, Suite 900, Washington, DC 20036 or firstname.lastname@example.org. No calls please.
Help Wanted: Immigration Attorney
New York, NY - Merrill R. Cohen & Associates, PC, a boutique business immigration law firm in Midtown Manhattan seeks experienced lawyer to manage own caseload, primarily consisting of EB1, EB2, PERM, O-1, E-1 and L-1A petitions, with some motions/appeals and family-based work. The Associate will have a great deal of client contact. From time-to-time, he or she will represent clients at Section 245 and EOIR hearings. Our diverse clientele includes research hospitals, small and large businesses, as well as professionals in a wide variety of fields, including actors, musicians and athletes. Ideal candidate will be self-motivated and organized, with excellent writing and interpersonal skills. Minimum 3 years experience. Salary DOE + benefits. Please email resume, cover letter + references to: email@example.com.
Help Wanted: Immigration Paralegal
13-person midtown NYC immigration law firm seeks paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization and other applications a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume + cover letter in MS Word format to firstname.lastname@example.org.
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The Citizen and the Alien: Dilemmas of Contemporary Membership by Linda Bosniak, Princeton University Press. From the Description "Examining alienage and alienage law in all of its complexities, The Citizen and the Alien explores the dilemmas of inclusion and exclusion inherent in the practices and institutions of citizenship ... In doing so, it offers an important new perspective on the changing meaning of citizenship in a world of highly porous borders and increasing transmigration ... The author uses alienage to examine the promises and limits of the 'equal citizenship' ideal that animates many constitutional democracies." More info: http://www.amazon.com/exec/obidos/ASIN/0691116229/
Readers are welcome to share their comments, email: firstname.lastname@example.org (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
I agree with David D. Murray's letter (ID 09/06/06) to the effect that no action on immigration this year might be the best action. The House bill, HR. 4437, with its attempt to criminalize the entire immigration system and to make felons of legal immigrants who send a change of address form one day late, F-1 students who fall one hour behind in their class schedules, or H-1B skilled workers who remain in the US for a single day after losing a job (as current USCIS policy provides no grace period), is so extreme that it is nearly impossible to imagine how it can be reconciled with the Senate proposal to legalize at least some illegal immigrants (though probably fewer than most people think). The Senate bill, S. 2611, while less extreme than the House bill, also contains harsh criminal penalties for a number of vaguely defined immigration offenses. In this sense it could well be called "Sensenbrenner Lite". This use of the criminal law as an all purpose sledgehammer to deal with what is basically a demographic and population issue (as some of R.L. Ranger's letters also point out, though I find the proposed solutions repugnant) would turn this country into a police state. I do not see how anyone who reads the House bill carefully (and how many people have actually done so?) could come to a different conclusion. Therefore, if it is true that the Republican right has decided to try to win this year's election by demagoguing the terror issue instead of immigration, not only minority immigrant communities will have dodged a bullet. Our democracy may well have dodged one also.
Roger Algase, Esq.
New York NY
I read with great amusement the letter from anikins (ID 09/06/06). It is sad that this letter from a hard-working man or woman misses the point and does not display an understanding that the citizens of our fair country also work hard and are not, as he says "the Queen" for whom he works. But in addition to working hard, Americans owe a duty to this country ... we pay taxes, we abide by the laws or suffer the consequences, we register with Selective Service when we reach age 18, and if called by the law to serve our country, we serve, or we volunteer, and sometimes we die in the process. So far, with the exception of working hard, anikins's letter does not show that he has done any of these things, yet his letter asks for the rewards of our nation, and to take advantage of the innate American tradition of always cheering the underdog. Anikins's letter pleads "We don't ask for any especial attention we want a little compassion in respect to all the things that we give for this country." But in fact, his letter is definitely asking for "especial attention" ... his letter is asking to be forgiven for breaking the law - amnesty, twenty years after the failed amnesty of 1986 that was supposed to put an end to undocumented immigration. Until America decides what immigration law is best for the 21st Century, the undocumented must respect the current law, and must thereafter respect the new law - even if they do not agree with it. In the meantime, they should turn to their own countries to find a solution to their economic plight, and do what Americans did to gain our freedom, democracy and economic success, as individuals and as a nation - fight for it.
David D. Murray, Esq.,
Newport Beach, CA
I am not surprised that Congress seems to have virtually abandoned the idea of immigration reform. We cannot, however, and should not, blame AILA for that. After all, AILA is a make-believe organization with little or no powers to influence change. It is an organization, if you can call it that, of well-meaning people, who have shown that collectively, they can do nothing to effectuate change, let alone reform. This is an organization that will perhaps do better at printing books on immigration than advocating it. I have been a member of AILA for several years now, and I have scarcely witnessed a regulation or a law as the result of AILA's efforts. I am sure that some people who will disagree with this blanket assertion. But look at the reality - it seems that the government makes regulations, and somtimes even allows AILA members to chime in, to seem even-handed. But it then goes on and makes the rule or reglation the way it always wanted in the first place, without regard for any input from AILA. This is not disaappointing, however. It is what we should expect. A special-interest organztion will not possess any real power unless it actually wields the power to sway congressmen to vote their way. How is this done? By an organization who can wave the spectre of voters' dissatisfaction. This, AILA has never been able to do This is a very passive organization that reacts to regulations, instead of being instrumental in making them. This is a far cry from what is needed in this day and age. It is time for a true reform in this organization. Otherwise, we will be relegated to the annals of history as a group who could make change, but because of its timidity, or even perhaps self interest, it chose not to.
Ben Tariri, Esq.
Responding to Roger Algase's letter (09/06/06 ID), we'd better abolish
H-1B program. Instead, a new law that will authorize the US Consulate
abroad to issue visa to all foreigners who have Bachelor's degree,
should be created. The foreigners who have this visa, will come to the
US, contact employers themselves directly and work at their employers'
company. All things will be simple as Roger Algase's letter
indicates. The question of annual cap on this program will also not
arise. This will avoid waste of time and taxpayers' money since
immigration examiners will not have to decide as to whether a particular
position is a specialty occupation. Furthermore, DOL will also have
free time since labor certification will not be required if H-1B program
is abolished. Additionally, the US workers will not have to say that
their jobs are being taken away by this H-1B program. Really, it will
do well to all if this program is abrogated.
In response to David D. Murray Esq.'s letter (ID 09/06/06) where the letter said "Arnold Schwarzenegger was correct when he called California legislators "Girly men", may I point out, in relation to the quote above, that Governor Scwarzenegger was presumptuously referring to all Democrats, who fit the profile he was describing. And this was done at the recent Republican Convention held in New York City.
New York City
Mr. Algase's letter (ID 09/06/06), reveals the true reason why immigration attorneys want
caps and qualification standards removed from the H1B visa category - to
increase without control the size of the applicant pool - and more
applicants means more billable hours. He also suggests that additional fees
imposed recently (used to combat the rampant fraud he says doesn't exist)
should be removed. No AILA member ever suggests that their outrageous fees
be reduced. I suppose that would be considered blasphemy and that anyone
making such a suggestion should be banished to Antarctica.
However, as we have heard from those immigration attorneys who have turned
their backs on the American worker in favor of the American greenback, they
can come up with all sorts of double-speak to justify their fees. My
favorite still is the one that goes something like this: "the more cheap
(and marginally qualified) foreign labor we bring in via the H1b program,
the more high paying jobs will fall from the sky to American workers ..."
and then, there is the Easter Bunny.
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