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Immigration Daily January 20, 2010
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Today Is Deadline For USCIS On EB5

Wednesday, January 20th is the deadline for the Thursday, January 21st phone session of "Investors For Experts" with speakers Lincoln Stone, K. David Andersson, Elsie Arias, Ed Carroll, Alexandra (Sasha) Haskell (USCIS), Mark Ivener, Robert F. Kruszka (USCIS), David Morris and Susan Pilcher. The curriculum is as follows:

  • Government Perspective On EB5 Program
  • Follow up on Stakeholder Meeting and Dec 11 Memo
Wednesday, January 20th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


The Trials And Tribulations Of Highly Educated Immigrants
Victoria Donoghue writes "The influx of immigrants willing to work for a better life, as well as share their talents, is ingrained in our national identity and has made us the strong, tolerant nation we are today."

In The Grip Of Madness
Lawrence Reed for the Foundation For Economic Education writes "At well over $11 trillion, that debt amounts to $37,000 for every living American."

Bloggings On Immigration Law And Policy
Greg Siskind writes "That's like when antis claim in one breath that immigrants steal jobs from Americans and then in the next complain that they come here to mooch off the Welfare system."

To submit an Article for consideration, write to


Supreme Court Says DOJ Regulations Alone Cannot Shield Determinations From Judicial Review
In Kucana v. Holder (No. 08-911, Supreme Court, January 20, 2010) the court, in a per curiam opinion, held that 8 USC 1252(a)(2)(B)s proscription of judicial review applies only to Attorney General determinations made discretionary by statute, not to determinations declared discretionary by the Attorney General himself through regulation. The court also said that The [Circuit Courts] construction would free the Executive to shelter its own decisions from abuse-of-discretion appellate court review simply by issuing a regulation declaring those decisions discretionary. Such an extraordinary delegation of authority cannot be extracted from the statute Congress enacted.

DHS Releases Humanitarian Parole For Haitian Orphans Fact Sheet
DHS Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they needas part of the U.S. government's ongoing support of international recovery efforts after last week's earthquake.

DHS Notice On H2A and H2B Eligible Countries
DHS published a notice on identification of foreign countries whose nationals are eligible to participate in the H-2A and H-2B visa programs.

ILW.COM Live Tweets On "abUSed: The Postville Raid" Sneak Preview
This transcript is the live Tweet feed of a special sneak preview screening of "abUSed: The Postville Raid" on January 19, 2010, presented by the Cultureproject and New York Immigraton Coalition.


Translation Services
Certified translations by Legal Language Services in 157 languages have helped immigration attorneys throughout the United States for more than 25 years. Legal Language translates birth and marriage certificates, academic degrees, health records, employment information and other documents needed for immigration proceedings. Legal Language meets all USCIS translation requirements. Legal Language also offers consecutive and simultaneous interpreting, as well as certified transcription, in support of immigration proceedings. Rush service, including same day service, is available for a slight additional fee. For a free consultation or for more info: call 1-800-788-0450 or email or visit us at In addition, Legal Language seeks experienced immigration attorneys to contribute to our blog and respond to questions from visitors to our site. Email us to discuss further.

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US Official Will Visit Miami To Help Expedite TPS Filings
The head of the federal agency that will process thousands of immigration applications from undocumented Haitian immigrants will travel to Miami and meet with organizations assisting Haitians.

Immigration Law Complex, And Good Advice Out Of Reach For Many
If any citizen had to live within the immigration code, we would revolt en masse.

Secrets Of The Immigration Jails
It took digging by The Times and the American Civil Liberties Union to unearth the evidence.

How Brown's Win Affects Democrats' Agenda
The Republican victory in Massachusetts imperils, but may not derail, the Democratic agenda in 2010, analysts and congressional aides said Tuesday.


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

Dear Editor:
A well-drafted CIRA is a worthy goal though I do not consider the border security and employers' sanctions portions of the current House bill truly relevant, certainly not worth over half of the bill's text. However, if the CIS' substandard management system is not equally improved, even a well-drafted CIRA will not erase continuing immigration disappointment. I've just begun my 48th year of experience with federal bureaucracy--35 as a State FSO--and I consider CIS to be the least US competent bureaucracy I have encountered--with ICE the least ethical. A visit to a CIS district office last week produced proof that that office does not recognize the two-year limit of a conditional green card (where no I-751 is filed), that a 2nd preference family case was misfiled with pending naturalization cases, that unlike the NVC there is no trigger for approved the green card when a priority date is reached, that the office is not reacting to the October 2009 widow(er) law. At the service center level, K-1 and K-3 approvals are taking over 10 times as long as two years ago. VSC recently dumped thousands of unprocessed 4th preference family petitions filed 6-9 years ago on NSC which is sending out RFEs with 42 day limits to South Asians to obtain documents that can take months to find. I have a One Step case that has been in process for two years with VSC, NSC, NBC, and TSC all involved. VSC has initiated a reminder to conditional GC spouses that an I-751 is needed before the end of year 2 but with no reminder that it cannot be filed earlier than the 90 days before that point. Efforts to get VSC to add that point have proved fruitless. Ad infinitum.

Paul Good, Esq.

Dear Editor:
While I naturally disagree with Roger Algase's letter's aside (01/19/10 ID) about "making Iraq secure for Western oil companies" since the oil companies on the ground in Iraq are mostly Chinese and the usual state owned outfits, I otherwise broadly agree with his letter about Haiti. Unlike Mexican immigrants, Haitians and their descendants are doing remarkably well (see Reason Magazine, Wikipedia or the Wall Street Journal for attestation of that) in this country. It would be interesting to see if their accomplishments in schools every bit as lousy as those the children of Mexican Americans attend are better for those who come legally than for those who come illegally. If there is not much difference in accomplishments between legal and illegal Haitian immigrants, very few arguments consistent with humanity and our national interest remain for keeping legal Haitian immigration numbers at their present low levels. As economists have noted for much of the last two decades, remittances are better for a wretched nation like Haiti than most humanitarian aid, as remittances are hard for local elites to "divert", so the usual bellyaching about brain drain somehow harming Haiti is besides the point. The Wall Street Journal ran an article recently on "Smaller Towns Struggle As Help Is Slow to Arrive" that features a Haitian family which managed to amass $2 million stateside that it used to build a hotel in Haiti that the head of the family was vowing to rebuild even before aid agencies reached his town at the epicenter of the quake. If one out of every hundred Haitian immigrant families is as entrepreneurial, we could use a lot more here. Haiti clearly is not putting them to good use and, with its Byzantine and corrupt regulatory climate, is doing everything it can to chase them away.

Honza Prchal, Esq.
Birmingham, AL

Dear Editor:
I need to make a correction in my letter of (01/19/10 ID) on Haiti. My letter said that the inhuman policy of using the Coast Guard to stop Haitian refugees from leaving their own country dates from the Clinton era. It actually began with Ronald Reagan, who signed an agreement to this effect with the Duvalier dictatorship. An example, no doubt, of Reagan's "character, charisma and wisdom", according to Robert Gittelson's article (01/19/10 ID). As for the chances of CIR passing this year, ask Senator Brown of Massachusetts. Even if the Democrats had held their 60-vote majority, no CIR bill would ever make it out of committee. There are too many anti-immigrant Democrats, even among those who call themselves liberals. Reform needs to begin at the regulatory level, where the DHS and the DOL, especially, have great power. Right now, this formidable power is being used to further an anti-immigrant "enforcement-only" agenda. Before CIR, which will only be a pipe dream until the current economic depression ends, we need CIRR, Comprehensive Immigration Regulatory Reform. This may also require some AIAHTR (Anti-Immigrant Agency Heads To Roll - figuratively speaking, of course).

Roger Algase, Esq.
New York, NY

Dear Editor:
I've been reading for years about the fact that the US Immigration laws are broken and wrong, but no one ever says what the particulars are. What is specifically wrong? What needs to be fixed? I read the US Immigration laws and find the only thing that is wrong, is that our US Government is not enforcing the immigration laws that the USA already has in place. Please tell me and the American citizens, what is wrong and what needs to be fixed, specifically, with the US Immigration laws?

Leo Van Randall Jr.

Dear Editor:
Regarding ID comment (01/14/10 ID): I have never read something of such garbage. When ID comment started off with "America's response to the tragedy in Haiti has nothing to do with humanitarianism - or with help provided by a rich country to a suffering people with a per capita Gross Domestic Product of 2 dollars per day. America's response has nothing to do with the fact that the founder of Chicago was a Haitian immigrant" I expected a well written article, but instead I was given an article that has no substance to it. The comment never does state what the reason is beyond "we have ties" with them. Which country don't we have ties with. I feel as if the article was very rushed when written. And the comment "there is no corruption to worry about, and money is spent exactly where it is most needed." And appently one has not kept up to date in the past with Haiti. In 2006 Haiti was the most corrupted country. So obviously in 2010 theres no way there can be corruption, right?

Jeremy E.

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