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Immigration Daily January 5, 2010
Previous Issues
The unmatched news resource for legal professionals. Free! Join 35,000+ readers


Comment

Midwife Lawsuit

The Monitor reports "Immigration attorneys are seeking class-action status for a lawsuit against U.S. Customs and Border Protection that could have widespread implications along the U.S.-Mexico border. The issue involves U.S. citizens who say they were held for long hours at ports of entry in South Texas and denied entry into the country after they presented birth certificates registered by midwives."

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


Focus

Today Is Deadline For The J-1 Exchange Visitor Classification and its Discontents

Tuesday, January 5th is the deadline for the Wednesday, January 6th phone session of "Physicians For Beginners" with speakers Christopher Wendt (discussion leader), Lisa E. Claypool, Kristen A. Harris, Ann Lance, Bruce R. Larson, Hamel Vyas and Other Speakers To Be Announced. The curriculum is as follows:

  • Getting Into the J-1 (The ABC's of ECFMG)
  • Getting Around the J-1 for Training
  • Getting Out of the J-1 Obligations - Waivers and more
    • Waivers
    • MAVNI
  • Satisfying the 2 year home residency requirement
  • The Physician National Interest Waiver
Tuesday, January 5th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: http://www.ilw.com/seminars/200931.shtm. Fax form: http://www.ilw.com/seminars/200931.pdf. Don't delay, sign up today.


Articles

Immigration Reform: Check Your Premises
Harry DeMell writes "Most of all we need to approach our immigration problems from a point of view that is neither anti-alien nor pro amnesty. We need a policy that is pro-American."

The Immigrant Paradox: The Stalled Progress Of Recent Immigrants Children
David North for the Center for Immigration Studies writes "The American tradition, over the years, has been that the first generation of immigrants struggles, the second generation does better, and the third generation does even better in terms of income, education, personal health, and overall achievement."

Bloggings On PERM Labor Certification
Joel Stewart writes "Although the definition of employer for purposes of filing PERM is very broad, there are other requirements to take into consideration." To submit an Article for consideration, write to editor@ilw.com.


News

CRS Report On Legal Ethics In Immigration Matters
The Congressional Research Service released its report on "Legal Ethics in Immigration Matters: Legal Representation and Unauthorized Practice of Law".


Classifieds

Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC, a prominent business immigration law firm, has challenging, rewarding, and stable career opportunities for immigration professionals. Due to the sustained growth of our practice, we currently have multiple openings for experienced corporate immigration paralegals. 3+ years of business immigration experience (NIV and IV) with top-tier immigration practice or in-house corporate immigration department desired. Experience with corporate immigration compliance and/or global immigration matters is a plus. Extensive client contact involved. Undergraduate degree, excellent organizational and communication skills (both written and oral), and the ability to work independently in fast paced environment required. Goel & Anderson offers highly competitive salaries + outstanding benefits. Qualified candidates invited to apply with resume + cover letter to careers@goellaw.com. All submissions kept strictly confidential. No phone calls please.

Help Wanted - Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks experienced attorneys with 3+ years demonstrated experience in immigration law for the Transformation Division. Serve as advisor to the Special Counsel for Transformation, Chief of the Adjudications Law Division, the Chief Counsel, and to Transformation Integrated Product Teams on issues relating to U.S. immigration laws. J.D. degree, active bar membership, 3+ years of post-J.D. experience required. This job is being filled by an alternative hiring process and is not in the competitive civil service. For full details enter COU-CIS-2009-0011 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to Patrick.Kernan@dhs.gov. All submissions must be received by 5pm EST January 8, 2010. GS-13/14/15. Position open until filled. No relocation allowance offered. [Typo corrected on 01/06/10 - Editor]

Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but not limited to, serving as attorney providing on-site legal advice to local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security. J.D. degree, active bar membership, 2+ years of post-J.D. experience required. For full details enter COU-CIS-2009-0010 here. Applicants must submit (1) writing sample (10 pps. max) (2) resume (3) cover letter, to Kelli.Duehning@dhs.gov. All submissions must be received by close of business on January 8, 2010. GS-13/14/15. Position open until filled. No relocation allowance offered. [Typo corrected on 01/06/10 - Editor]

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 100+ engineers, sales, and support staff. INSZoom is ISO 27001:2005 certified and the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email info@inszoom.com.

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.

Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry – $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: http://aetsinternational.com/applicationforevaluationservices.pdf. AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit http://www.aetsinternational.com, or email: info@aetsinternational.com.


Headlines

New Immigration Documentary Film
A documentary film on immigration that features Jupiter's El Sol Neighborhood Resource Center as a centerpiece of the story about why people leave their homes for the United States and the suffering they endure will be screened in El Sol, FL.

Pilgrim's Pride Pays $4.5M To End Immigrant Probe
The Pittsburg, Texas-based company in turn agreed to pay $4.5 million to a law enforcement fund at the Department of the Treasury and improve how it screens prospective employees to ensure they are allowed to work in the United States.

US Lifts Restriction On Visas To HIV-positive Foreigners
Foreign nationals who are HIV-positive will find it easier starting Monday to visit the United States.

Georgia Immigration Checks Got Tougher With New Year
The well-publicized "Super Speeder" law passed in the 2009 session wasn't the only Georgia law that took effect with the New Year last week.


comingsNgoings

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

New Office
Gonzalez Law Offices, Inc. is pleased to announce its new office address: Gonzalez Law Offices, Inc., 450 Warren Avenue, East Providence, RI 02914


Letters

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

Dear Editor:
I have the following is a suggested editorial change. ID (email version) has headings "4. News" and "6. Headlines". These categories overlap. It might be clearer if the heading for 4 was changed to "Official Publications", or something like that, which more accurately reflects the content, and distinguishes from newspaper articles included in 6.

Martin Solomon, Esq.

Editor's Note: We welcome suggestions from our readers, and always consider each of them carefully.

Dear Editor:
With regard to Honza Prchal's letter (01/04/10 ID), my letters have no ax to grind in favor of Mexican immigrants in preference to other immigrants. But his letters, and some other ID letters, do not seem to realize that illegal immigration by less educated people (who happen to be our close neighbors, so they will come here regardless) and legal immigration by affluent, well-educated professionals are merely two sides of the same coin. As long as we pursue draconian remedies against the less educated, our laws will continue to slam the gates against many of the most skilled. As far as much of the general public is concerned, a non-European immigrant is a non-European immigrant, and the fewer the better. Whether the person has a good education, can create jobs for Americans, or may even have extraordinary ability in some important and valuable field, is just a meaningless footnote for all too many Americans. The elitist immigration policy that some ID letters recommend is not merely against every tradition that made this Nation of Immigrants the great country that it is. It will also never work. We are, unfortunately moving in the direction of adopting a policy toward all immigrants that Canada's immigration minister was reported to have endorsed during WW2 when he was asked how many Jewish refugees from Nazi persecution his country was prepared to accept. His alleged answer was: "None would be too many."

Roger Algase, Esq.
New York, NY

Dear Editor:
I believe Sergei Sheplov' letter (01/04/2010 ID) misinterprets the thrust of my letter (12/31/09 ID), wherein I agreed with Honza Prchal's letter's position that "bi-culturalism is bad". While the market shopped by Mr. Sheplov seems to have "predominately" Polish-speaking clientele, the market I shop at (and it is a huge Super Market) is shopped at only by people who speak Spanish, and most of whom speak no English whatsoever an never intend to learn. The market is owned and operated by and caters to Mexicans, with little or no regard to Anglos. I have never taken the position that bi-lingualism is bad - bi-lingualism, or tri or quadra-lingualism is a good thing and I encourage it. But bi-lingualism and bi-culturalism are not the same thing. It is fine and commendable for those from other countries to preserve their heritage and culture. That is what makes America great, and especially Southern California, where we have huge Korean, Chinese, Japanese, Filipino, Mexican, Fijian, Hmong, British, French, German and Cambodian communities, with representation from all other countries alike. I love visiting, shopping and visiting their business establishments. But they all speak English in their shops and they do assimilate (it does not take a dictionary to define what that means) into the American culture, while at the same time respecting and preserving a part of their own. Mr. Sheplov's letter will just have to take my word for it - in my neighborhood, the Mexicans do not assimilate, and he is welcome to shop at La Carreta Market at the corner of Hewes and Chapman Streets in the city of Orange, California, if he doubts it. A few Poles in one city’s neighborhood do not alter the ethnic mix of America much. Millions of Mexicans do. That’s the difference.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I am a US citizen and I have a friend that is from Paris, France here on a student visa with a double masters degree working on his PhD in International Finance. His visa is valid until March of 2010, his passport is valid until 2014, and his I-20 is current. He is not what people call an 'illegal immigrant.' In 2007, he fell in love and in 2008 married a U.S. citizen that just happens to be addicted to prescription medications. He knew nothing about this. But he was arrested due to her mistakes. He was placed in detention and scheduled for deportation. My friend has been in detention center in Pompano Beach Florida for 5 months now. This couple has lost all there savings on lawyers, she lost her job, and they are in the process of losing their home. All this was caused because ICE has the wrong person in jail. Until you go to one of these detention centers and see with your own eyes, you will not believe what America is doing. I was shocked, on my first visit and after almost 6 months of seeing what happens and how they have to live, I am still in shock. Six months ago I had no idea that we treated immigrants in this way, especially when they are here legally and have done nothing wrong. I feel it is my duty as an American to let as many people as possible know the truth. I visit the detention center every Saturday and spend the rest of the week writing letters. Let's go back to protecting the country rather than making up stories to justify the expansion of a national security complex. Let's end businesses profiting from immigrant detention and restore our image as a nation of immigrants.

C McGinnis

Dear Editor:
This must certainly be the first time I agree with a letter from Mr Algase (01/04/10 ID). In fact, I pretty much agree with most of the letters in Immigation Daily (01/04/10 ID) for a change, and hope that this is a sign that the average supporter of amnesty, and immigration reform is seeing the big picture. The big picture being that immigration to the USA is not all about the Hispanics. There are many others out there, who will likely benefit this country a lot more, especially at this time. Mr Algase's letter mentions the hoops legal immigrants from other countries have to jump through to make a life here. My family are a prime example of this. My husband is a highly qualified professional, and so am I. We are from an english speaking nation, so no concern about not being able to communicate! We came to the USA, with jobs, where our skills were needed, with our cash in hand, a welcome boost to the economy. We bought a house, and spent our money on American manufactured cars. We have our own health insurance, and every other insurance we might need. Our kids quickly assimilated into the US schools and are excelling at school. In a few years they will be very productive, self-sufficient adults. Then why did it take us more than 7 years to get a greencard, with every little bit of red tape thrown at us that they could. And as for "anchor-babies", having another child here eventually, did not help us in securing the greencard in any way. It would be beneficial if more recources were spent on getting legal, desirable immigrants through the system vs. the current chaos that concentrates only on appeasing the illegal masses, mostly from Mexico.

Linda Cogill

Dear Editor:
The Visa process is a long and expensive process. My Fiancee's petition was denied 29 December 2009, because she did not remember my job title from my prior job in 1994. 20 months of sincere, careful Visa preparation terminated in a couple of minutes. The Visa Interview Officer answers to no one, and has no rules that he or she has to follow, only vague "guide lines". Now, I must start all over with much expense and another year of waiting for another interview, and hope to get an "Fair" officer. It is so difficult, expensive, complex, and often impossible to get a Visa, no wonder we have so many illegals in this country.

Bob

Dear Editor:
Regarding Jim Roberts' letter (01/04/09 ID): Resolving our immigration problems is easy. Worksite enforcement only, that's the answer. We will be the finest example of humane, fair and rational way to enforce our immigration laws, that we will not tolerate unauthorized foreign workers by going after the employers without jailing and hunting anyone and treating them like hardcore criminals. Unannounced worksites visits and audits should do it. First offense will result in written warning for the employers who employ illegal workers, second and next repeat offenses will result higher fines and also the costs of repatriating their foreign workers home. We don't need the "great wall" of North America, drones, "virtual" fences etc. They don't work and are expensive indeed. But employers today must have the option to retain their undocumented workers because it's not easy to replace them with a "magic wand" overnight by legalization, but to prevent immigration chaos in the future again and repeat "amnesties" then dilligent worksites enforcement is the answer. We must worry over how we can improve our education quality. Many American students are simply far below standard compared to other nations particularly in Math and Science subjects. Our immigration laws should be the tool of protectionism so we can take things for granted forever just being "very lucky" Americans not those guys who are born in the "unfortunate sides" of the border. We waste money to wage wars with backward Taliban and their like minded friends and supporters while we can easily defeat them by giving them a punch by counter propaganda and insisting all nations to stop supporting theocracies whom love to use religions as tool of hatred, ignorant and intolerant to manipulate the masses for their corruption and incompetence to improve their people well beings.

Robert Yang


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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