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Immigration Daily September 2, 2009
Previous Issues
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Comment

Lost And Found

The Corpus Christi Caller-Times reports "U.S. Border Patrol agents helped find a lost boy and reunite him with his mother Sunday after they were separated while trying to enter the country illegally." For the full story, see here.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

The Immigration Compliance Book

The Immigration Compliance Book, Editors Angelo A. Paparelli, L. Batya Schwartz Ehrens, and Dan Siciliano features the following:

  • Sections: Understanding I-9 Concepts, I-9 Advanced Topics, Employer E-Verify Considerations, E-Verify Advanced Topics, DHS Enforcement Through ICE Raids and Audits, Specialty Topics
  • Sample Proposed I-9 Policy and Procedures, Sample Form I-9 Verification Procedures – Guideline for Employers, Sample Checklist for I-9 Audit and Correction Guidelines
  • Critical Resource Materials: Selected Statutory Provisions, USCIS Memos, Executive Orders, USCIS Publications on I-9s and E-Verify, USCIS Press Releases/Q&As/FAQs, etc
  • Resource Materials on CD-ROM: 100+ Relevant Cases from OCAHO, BIA, Federal District and Circuit Courts, Important Statutes, Regulations, Forms, Weblinks, etc.
  • 750+ pages, 850+ footnotes
  • 33 authors: Adam Ketcher, Angelo A. Paparelli, Bonnie K. Gibson, Cynthia Lange, Cyrus D. Mehta, Dan Siciliano, Douglas D. Hauer, Francis E. Chin, Greg Wald, Jason Burritt, Jay Jorgensen, John Fay, Johanna Marmon, Julie Pearl, Justin A. Rymer, Kevin Lashus, Kristin Major, L. Batya Schwartz Ehrens, Laura Danielson, Loan Huynh, Lynn O. Tarran, Maggie Murphy, Matthew Warren, Michael Patrick, Michael J. Wildes, Olivia M. Sanson, Philip C. Curtis, Richard Gump, Robert F. Loughran, Steve Trow, Susanne C. Heubel, Susan Kelly, Vinh C. Trieu
For more info on this book, see here (fax version, see here).


Articles

The Obama Administration’s Bilateral Investment Treaties (BITs) Should Provide For Investor Visas
Gary Chodorow writes "Now is the time for companies and organizations with an interest in this issue to voice their concerns."

Canadian Citizenship By Birth Abroad
Henry J. Chang writes "A related issue of concern is that limiting Canadian citizenship to the first generation may render some children of Canadians born abroad stateless."

Immigrant Of The Week: Barbara Padilla
Greg Siskind celebrates the achievement of Mexican-born singer Ms. Padilla, a survivor of cancer and a mom in Houston, Texas.

To submit an Article for consideration, write to editor@ilw.com.


News

USCIS Reminds Federal Contractor EVerify Requirement Begins Sept 8th
USCIS is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the US.


Classifieds

Help Wanted - Immigration Attorney
Miami, FL - Ira Kurzban seeks an associate who is an experienced brief writer and federal litigator in immigration matters to work in his firm's office in Miami. The lawyer should have excellent research, writing and analytical skills with at least 3 to 5 years of experience. Spanish speaking preferred. Forward your resume and two of your best written briefs or memoranda to ira@kkwtlaw.com or mail to 2650 SW 27th Avenue, Miami, FL 33133. Health + pension plan. Competitive salary based upon experience.

Case Management Technology
Offering enterprise-level software and unparalleled US-based support, TrackerCorp is the most flexible and dependable immigration management solution on the market today. Designed by immigration attorneys and paralegals, ImmigrationTracker is often praised for its ease of use, intuitive features, and built-in immigration knowledge. As one of our customers noted, "If we had two years and unlimited funds to design our ideal immigration management system, Tracker would be it." Phil Curtis, Chin & Curtis. Find out for yourself why Tracker is the choice of: 83% of practicing Past Presidents of the AILA (American Immigration Lawyers Association, through June 2007); 86% of the 25 largest immigration law firms (IndUS Business Journal 2006); 75% of the AmLaw 200 (largest US law firms, American Lawyer Media, 2006); 3x as many globally ranked immigration attorneys as compared with other software vendors (Chambers Global and the International Who's Who of Business Immigration Lawyers, 2007). Schedule your private demo: Call 1-888-466-8757 ext. 278 or email sales@trackercorp.

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 www.globalcurrentexchanges.org or email Melany Hamner at melanyh@globalcurrentexchanges.org.


Headlines

Family Oceans Apart After Visas Yanked
A Scottish family of five has been split overseas and may have to sell its two ice cream shops after the mother's and daughter's visas were revoked during a trip to London.

U.S. Government Seeks $5M In H-1B Fraud Case
The U.S. government filed a new, expanded indictment last week against a New Jersey IT services firm it alleges fraudulently used H-1B visas through a scheme that delivered it millions of dollars in gains.

H-1B Cap Would Make US Workers 'Privileged Elite', Greenspan Says
Former Federal Reserve chairman Alan Greenspan Thursday offered a spirited defense of the controversial H-1B program, telling a U.S. Senate subcommittee that the visa quota is "far too small to meet the need," and that it protects U.S. workers from global competition, creating a "privileged elite."

Illegal Aliens Now in Federal and State Prisons and Municipal Jails Should Be Deported To Their Countries of Origin Immediately
My proposal would make many of these people the problems of their countries of origin.


comingsNgoings

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

Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.


Letters

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

Dear Editor:
Responding to Pangga Philippines’ letter (09/01/09 ID): Nowhere in my letter do I suggest that I defend “embassy consuls even if it is clear that an erroneous review/decsion has been made.” While I do not take the position that “consular officers decisions “are always right,” any assumption that the consular officer’s decision was “erroneous” is surmise and not “clear”. The facts, as they are bit-by-bit revealed by Pangga Philippines’ letters, claims the marriage was “legally null and void” because of a first-cousin relationship. Indeed, Philippines marriages of collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree (which includes cousins), are void “ab initio”. However, the case file would have had to have been properly documented to show this degree of relationship. The declaration of nullity of marriage would not be enough to satisfy a nit-picking Consular Officer. If all necessary documentation was not originally provided, notwithstanding I-130 approval by USCIS, the consular officer’s decision was not “erroneous,” but discretionary, based on the evidence before him/her. If all the documentation necessary to show a void marriagewas missing, then don’t blame the Consular Officer. Remember, Consular Officers get a second bite at the apple, another chance to look closely at all submitted documentation. The burden is on the applilcant. Consular Officer are not required to issue an RFE. Here, the parties should look to the individual who originally prepared the I-130 Petition. If a lawyer was involved, perhaps failure to properly document was malpractice. If no lawyer was used, then this is just one more example of why everyone needs the services of an experienced and qualified immigration lawyer, no matter how “simple” the case may at first seem to be.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Racism is the belief that race is the primary determinant of human traits and capacities and that racial differences produce an inherent superiority of a particular race (09/01/09 ID comment). In the case of institutional racism, certain racial groups may be denied rights or benefits, or get preferential treatment, while Reverse discrimination favours members of a historically disadvantaged group at the expense of those of a historically advantaged group. Racial discrimination typically points out taxonomic differences between different groups of people, even though anybody can be racialised, independently of their somatic differences. According to the United Nations conventions, there is no distinction between the term racial discrimination and ethnic discrimination.

John J. Brannigan

Dear Editor:
Yes, it is the ICE employees that enter the US illegally (09/01/09 ID comment). Mistakes happen but it’s only a big deal when it happens to some poor liberal. I would be will to bet the NC native has a criminal record. Why didn’t the idiot push 1 for English or provide some documents showing he was a US citizen. ID should tell the whole story.

Todd Ovenhouse

Dear Editor:
Regarding the I-512 "Advance Parole" document that the USCIS issues individuals waiting for adjudication of their I-485 so that they can travel out of and into the US without having their I-485 petition considered abandoned, about 10 years ago, hardly anybody availed of the I-512 because the time between the I-485 filing and adjudication was typically a few months. Due to the fickle movement of EB priority dates, this period has become longer. Nationals of India and China who filed their I-485 petitions during the 2007 visa-gate days, can expect to have their I-485 pending for several years and would have to rely on their AP documents for the foreseeable future. Apart from musing about the odd nomenclature that suggests relief from incarceration, anybody who has traveled on AP knows that it involves more hassle than travelling on a visa. Not all air carrier and immigration agents worldwide are aware of the fact that this document is sufficient for entry into the US. Secondly, it's not possible to transit through many airports, particularly in Europe, without a valid US visa. These countries specifically forbid the Advance Parole document from being construed a US visa for such transit purposes. Thirdly, Advance Parole holders, upon getting to a US POE almost always face long delays at the "INS Secondary" checkpoint. Why can't the DHS/ State Dept make Advance Parole simply another visa category that an individual can obtain on their passport from within the US. In fact, why even bother with an I-131 petition and the I-512 document? Why can't an individual, upon receiving their I-485 receipt notice, take that to their local USCIS office and get a visa stamped on their passport. That visa stamp, along with perhaps the I-485 receipt notice, should suffice to make an entry into the US, should it not?

Trivikram Krishnamurthy

Dear Editor:
I read ID mostly through referral from the Google clipping service, which I have tagged for "h2-b." In regard to ID's comment about Blackstone's Formulation (09/01/09 ID comment), we must remember that the ICE and CIS employee takes as their task the rejection, not approval, of visa authorization petitions, and the issuance of deportation orders, not protection of human rights. Witness the recent “release” of the 24,500 unallocated H2b slots. Employers are urged to be thankful to the CIS. Our real thanks must go to the Maryland delegation, who have worked so hard on this issue. Thanks for your excellent service.

Jerry Greene


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. 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


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