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Immigration Daily

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Immigration Daily January 28, 2010
Previous Issues
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Lou Dobbs For CIR

The Hill reports that Senate Democrats have reached out to Lou Dobbs to explore building a broad coalition for CIR. "Dobbs was an outspoken critic of waiving penalties against illegal workers but has since said that government officials should consider legalizing illegal immigrants "under certain conditions." "

We welcome readers to share their opinion and ideas with us by writing to


Immigration Practice By Robert C. Divine

Immigration Practice by Robert C. Divine & R. Blake Chisam is an invaluable supplement to Kurzban's with a different approach. It is also useful to newer practitioners and paralegals in view of its easy to understand and practical style. For more info, see here. To order by fax, see here.


Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "CGFNS recently updated their standards for expedites of CGFNS documentation, including the Visa Screen."

Immigrant Of The Day: Max Zhang of China
Kevin R. Johnson writes "Earlier this year, Max Zhang was instrumental in Cal's 92-66 romp over archrival Stanford. Max had 13 points with four rebounds and three blocked shots."

To submit an Article for consideration, write to


USCIS To Reissue Advanced Parole Documents
USCIS announced that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990.

USCIS Issues QAs On TPS Fee Waivers
USCIS issued questions and answers on requesting waiver of fees for Temporary Protected Status applicants.

USCIS Changes Filing Location For I-601
USCIS announced revisions to Form I-601, Application for Waiver of Ground of Inadmissibility, including the filing location.

USCIS Publishes Fact Sheet On Humanitarian Parole
USCIS published a fact sheet on humanitarian parole.


BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board of Immigration Appeals? We offer same day service to the BIA. We are conveniently located only a block away. Fax us your Notice to Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and we will personally file it for you, obtain a stamped date copy and mail/fax it back to you. We offer competitive rates and unparallelled service. For information, contact us: Brief-X-Press, Falls Church, VA Fax: (703) 845-5991.

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.

Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any other complex immigration cases including appeals, may wish to co-counsel with PJ Patel, an attorney experienced in O, EB-1, NIW, and any complex matters for many years. Mr. Patel is known for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past 25+ years. For more information, see his website at Mr. Patel can be reached at 212-279-3230. All cases will be kept in strict confidence.


Follow us on Twitter.

Lou Dobbs Support For #CIR Sought By Schumer REPEAT Lou Dobbs FOR CIR

Rep. Gutierrez: #CIR is now in Congress' hands #immigration via @huffingtonpost

It was more like 30 secs! RT @mkolken: Obama spoke for 70 mins on #sotu 2 mins focused on #immigration. Not good enough

Largest pro-immigrant online movement gears up for Week of Action in support of #DreamAct and humane #immigration reform

President Mentions #Immigration Reform in State of the Union Address, But Just Barely. Ok Obama mentioned #CIR- now what?

Building a prison in Mexico? Gov. Schwarzenegger's suggestion imply 'tremendous racial insensitivity' #immigration


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

Immigration Event - Washington, DC
February 2 - The Urban Institute is pleased to present 'Facing Our Future: Children in the Aftermath of Immigration Enforcement' For more info and to rsvp see:


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

Dear Editor:
Regarding Trivikram Krishnamurthy's letter (01/28/10 ID) "The CBP appears to believe that a valid unexpired I-94 is the be all and end all of temporary legal status" (I assume "nonimmigrant status" is meant). To my knowledge, that is the only proof of valid nonimmigrant status, although arguably there are other forms of proof of status, or at least quasi-legal status, like an I-485 Fee Receipt (which confers no actual status per se) or an Employment Authorization Document (EAD)(which arguably does confer some benefit, although not status), for those with a pending I-485 or Temporary Protected Status (TPS), or some other status that allows them to temporarily remain in the US legally. CBP should not insist the alien produce an I-94 as the "be all and end all" and should not act arbitrarily. But as the Xiao letter (01/22/10 ID) states, a person's legal status in the US can only be ascertained after a complete review of their circumstances, not simply because they had an I-485 in process. Therefore, if an I-485 is pending and the alien's I-94 is out of status, he/she may be detained and investigated or put into removal proceedings, because, to my knowledge, the filing of an I-485 does not magically toll any statute. However, there is a long-established policy of the immigration service to ignore certain violations and allow adjustment without proceedings, as in the case of spouses and children of US citizens eligible for adjustment. But that is not law - it is policy. If CBP has created a different different policy, they are within their legal rights, but in doing so, create a nightmare of useless bureaucracy that former INS policy had dispensed with years ago. Ah, the nuances of immigration law are boundless and the system needs reform, not CIR.

David D. Murray, Esq.
Newport Beach, CA

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