-----------------IMMIGRATION DAILY FROM ILW.COM------------------

October 22, 2009


1.  Comment: No Widow Penalty
2.  Focus: Today Is Deadline For Removing Conditions
3.  Articles:
    (a) Challenging A Finding Of Inadmissibility by Kenneth White
    (b) Yearning To Breathe Free: The Constitution Is Clear On
    Immigration by Becky Akers for the Foundation For Economic
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) Senate Approves Conference Report On Homeland Security
5.  Classifieds:
    (a) Help Wanted - Immigration Attorneys
    (b) PERM Services
    (c) Website Services
6.  Headlines:
    (a) Immigration Question On Census Blasted
    (b) San Francisco Approves New Immigration Policy
    (c) Alien Halloween Costume Spooks Immigrants
    (d) CNN Latino Special Avoids Dobbs
7.  ComingsNGoings:
    (a) Immigration Event - Washington, DC
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) R. Heuman
    (c) Jim Roberts
    (d) Robert Yang
    (e) Name withheld


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No Widow Penalty

The New York Times
reports that the conference report the Senate passed on Tuesday
and sent to the President for his signature ends the widow
penalty. "The Senate approved a measure on Tuesday that would end
what has become known as the "widow penalty" - the government's
practice of annulling foreigners' applications for permanent
residency when their American spouses die before the marriage is
two years old."

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

Today Is Deadline For Removing Conditions

Wednesday, October 21st is the deadline for the Thursday, October
22nd phone session of "Family Immigration For Experts" with
speakers Sardar Durrani (discussion leader), Vishal Chander,
Salima Khakoo, Juan J. Mendoza, J. Bradley Pace, Karen Pennington
and Steven C. Thal. The curriculum is as follows:

++How to process an I-751 where the parties are separated or
divorced at the time of petition
++What to do when a joint petition is filed but the parties
divorce before an adjudication
++Filing for citizenship while an I-751 is pending
++Filing an I-751 for a resident when the resident is temporarily
assigned abroad
++Extending proof of residence where the I-751 is pending more
than a year
++Documentation to support an I-751 where the parties do not have
joint accounts or joint taxes
++Adjudicating an I-751 in proceedings
+++++Burden of proof
+++++Getting the judge to terminate proceedings so that an I-751
waiver can be processed by CIS
+++++Judicial review of I-751 denials
++Untimely filed I-751 petitions
++If children when they will be joined in same or need to file
separate I-751
++When an attorney would withdraw and how

Wednesday, October 21st 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/200922.shtm. Fax form:
http://www.ilw.com/seminars/200922.pdf. Don't delay, sign up

(a) Challenging A Finding Of Inadmissibility

Kenneth White write "As can be seen, one approach does not fit
all: much depends on how open a consular officer and her
superiors are to a request to reconsider the finding."

(b) Yearning To Breathe Free: The Constitution Is Clear On

Becky Akers for the Foundation For Economic Education writes
"Sadly, Americans cry ever more loudly for Leviathan to increase
its unconstitutional power. Yet each time we clamor for the feds
to restrict foreigners' movements, we tighten our own bonds."

(c) Bloggings On Immigration Law And Policy

Greg Siskind writes "Under some of the versions of health care
reform proposals being considered by Congress, legal immigrants
could be excluded for five years before they can access the
Medicaid and insurance subsidies."

To submit an Article for consideration, write to
4.  NEWS

(a) Senate Approves Conference Report On Homeland Security

The Senate voted to adopt the conference report for the fiscal
2010 Homeland Security spending bill by a vote of 79-19. The
conference report contained a number of immigration-related
provisions, including: a three-year extension for the non-
minister religious worker, "Conrad 30", EB-5, and E-Verify
programs, and an end to the so-called "widow penalty." The bill
now heads to the President for his signature.

(a) Help Wanted - Immigration Attorneys
Owings Mills, MD - The Murthy Law Firm seeks attorneys with 3+
years of experience in business immigration law. Our practice is
dynamic and fast-paced with high standards of integrity, work
ethic, and quality. Successful candidates will have the ability
to work both as members of a team and as team leaders. They will
bring in-depth understanding and knowledge of the breadth of
immigration procedures, and are expected to supervise paralegals
and support staff. Good writing and analytical skills are
required. They will join more than a dozen high-caliber
colleagues and have quality support in the way of legal and
administrative staff, as well as technology. Visit
for details regarding the unique benefits of working at the
Murthy Law Firm. Send Resume + cover letter to
mailto:hr@murthy.com. All communication will be treated in
confidence. Salary and benefits are commensurate with experience
and abilities. Final interviews of candidates are at our office a
few minutes from downtown Baltimore, MD. EOE.

(b) PERM Services
At Jon Byk Advertising, Inc.,
we provide a wide range of services that will help fulfill your
PERM recruitment requirements quickly, cost-effectively, and
efficiently. With 15+ years of experience working with one of the
nation's largest immigration law firms, our customer service is
unparalleled. We understand the importance of meeting DOL
requirements with regards to ad content, media selection, ad
documentation (tear-sheets), and deadlines. We will locate
publications that meet DOL and EDD requirements by geographic
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(c) Website Services
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6.  Headlines

(a) Immigration Question On Census Blasted

House Democrats, Latino rights organizations and liberal advocacy
groups voiced their opposition Tuesday to a Senate amendment that
would require U.S. census forms to include a question about
citizenship and immigration status.

(b) San Francisco Approves New Immigration Policy

Undocumented youths arrested on felony charges in San Francisco
would have to be convicted before police could turn them over to
federal immigration officials under a new policy approved by the
San Francisco Board of Supervisors.

(c) Alien Halloween Costume Spooks Immigrants

A Halloween costume that depicts a space creature in orange
prison garb emblazoned with the words "illegal alien" is
reigniting debate over a long-used term based on the U.S.
government's designation of all foreigners as aliens.

(d) CNN Latino Special Avoids Dobbs

"Lou Dobbs is the gigantic anti-immigration elephant in the room
at CNN," said Roberto Lovato.

For links to the above stories see here:
7.  ComingsNGoings

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

(a) Immigration Event - Washington, DC
October 22 - Wilson Center on the Hill presents "Relighting Lady
Liberty's Torch: Challenges to U.S. Immigration Policy" for more
info see

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

(a) Dear Editor:
Following Jim Roberts' letter's advice (10/21/09 ID), I skimmed
through J.R. Edwards' confused attempt to find authority in the
Bible for opposing amnesty for people in the US illegally. His
article contains many Biblical quotes. But he leaves out one
which better describes restrictionista attitudes toward our
fastest growing immigrant community than any of the passages
quoted in his article, namely Exodus 1.7-10: "The Children of
Israel were fruitful and swarmed and increased and became very
very strong, and the land became filled with them. A new king
arose over Egypt, who did not know about Joseph. He said to his
people, 'Behold, the people of the children of Israel are more
numerous and stronger than we are. Get ready, let us deal
shrewdly with them, lest they increase, and a war befall us, and
they join our enemies and depart.' " (The Book of Exodus, A New
English Translation, Judaica Press, 1995). Except for the fact
that immigration opponents would be happy to see all Latinos
depart the US, there could be no better description of this
attitude. Mr. Edwards and Mr. Roberts may claim to be putting God
in charge of our immigration policy, but their ideas bear more
resemblance to Pharaoh's. DHS Secretary Janet Napolitano has just
announced that the 287(g) program of turning local anti-immigrant
maniacs like Sheriff Joe Arpaio loose to stalk through minority
areas looking for more illegals to round up (though, admittedly,
Sheriff Joe himself has been cut out of that part of the program,
even though he will still be allowed to comb the jails looking
for illegal immigrant jaywalkers to deport), has been extended to
67 localities. If that, together with throwing thousands of
minority immigrants out of work through "E-Vilify", isn't
"dealing shrewdly" with them, tell me what is.
Roger Algase, Esq.                 New York, NY

(b) Dear Editor:
It is with deep regret -- and no small degree of frustration --
that I read letters such as those recently from Jim Roberts and
John F (10/20/09 ID) who are so certain that immigrants steal
jobs from Americans and, in a more pervasive sense,  that they
cause irreparable damage to our economy.   Carefully researched
reports by both liberal and conservative publications concur in
that for the greater part, immigrants do not take jobs native
citizens will do; on the contrary, studies show that our economy
must have immigrant labor in order to recuperate and thrive.
Some readily accessible corroboration  would be reports from both
liberal and conservative sources:  the Immigration Policy Center,
National Immigration Law Center, the Goldwater Institute, and the
CATO  Institute.     Perhaps the erroneous conclusions featured
in letters such as these are grounded in reading the output of
the Center for Immigration Studies (CIS) the "think tank" founded
by  Nativist John Tanton and Fair American Immigration Reform
(FAIR) also founded by Tanton.  FAIR has long had close ties with
hate groups and has, indeed, within the last several years,
earned a place for itself on Southern Poverty Law Center's
listing of hate groups.     For this very reason, many of us
object to the ID's publication of  essays presented by CIS,
notorious for their misrepresentations and out of context
citations.  Adherence to democracy does not require that media
publish/air everything that comes its way -- there is such a
thing as journalistic integrity.  As one reader put it, if you
feel obligated to print everything that comes your way, "why not
print the Ku Klux Klan?"   Hopefully ID will reconsider its
practice and work to contribute to a discussion of immigration
reform that is based on reality rather than on allegations that
come from hate groups.
R. Heuman

(c) Dear Editor:
Concerning yesterdays Headlines and Letters (10/21/09 ID), yes,
the R. Algase letter is "missing something", which is,
credibility or "an ounce of compassion" for US citizens for which
there is seemingly none left after expending it all on illegals
and foreigners. The letter faults a system which has allowed more
entry than other lands, apparently because we haven't removed all
barriers and installed human conveyers and comfort stations. This
myopic view constitutes an Exclusion Policy against Americans. My
letter did not "praise" the Chinese Exclusion Act, it only made
historical reference to it and can't be compared to the horrific
events of the Holocaust or Hiroshima. The former was passed as a
temporary measure because some greedy business interests were
abusing lax entry policies to bring or encourage large numbers of
poor and difficult to assimilate Chinese to America to undercut
citizen's wages for greater profits. With this criteria, a
similar policy towards Mexico is long past due. There is little
doubt as to how the RA letter would answer the Headline question
(d) "Am I a racist for thinking the illegal alien costume is
funny?" This tired label is specious and is typically used by
those who have no other basis in which they can attempt to limit
free speech/action. The D. Murray letter is reminded that any
scheme for illegals other than deportation is amnesty and unfair
to citizens and prospective ones as the letters of Peter G. and
L. Coghill point out. Americans have done all the jobs that
illegals do and have not bankrupted their states, cheapened birth
citizenships, caused citizens to flee, increased crime or created
ethnic/civil strife in so doing by adding to the numbers that the
Atzlan - Reconquista radicals are trying to achieve.
Jim Roberts

(d) Dear Editor:
Letters of Mr. Roberts (10/21/09 ID) and like minded others
should direct the question of why Chinese don't stay in China,
Jewish don't stay in Israel or Mexicans don't stay in Mexico for
God's sake since God has "defined" everyone's "lands and
properties" after the Babel Tower incident to their own European
or whatever ancestors of why they came into the lands of
Navajoans, Cherokees, Mayans, Incans etc. on the Western
Hemisphere ? Many Bible quoting ignorants desperately quote many
verses to justify their selfish, hypocrite and double standard
point of views and arguments while ignore the facts that God
commands us to be the helpers of our neighbors, to share, to love
and treat them as we want them to treat ourselves.  In the
ancient time there were no such a hassle in freedom of movement
between societies, kingdoms and territories, no passports nor
visas.  It's really a shame for anyone today to support global
apartheid immigration and apartheid policy just because they hate
the reality that they have to compete with anyone on more equal
playing field. Mr. Roberts' letter also suggested import tariffs
to protect US made products and services, it sounds good but it
hurts the consumers by unfairly limiting our choices to buy any
products and services for more competitive and reasonable prices
just to accommodate labor monopoly, nativism and protectionism.
Please keep in mind that international trades and relationship
are based on bilateral or multilateral treaties, agreements and
reciprocity, the law of eyes for eyes or worse eyes for eyes plus
legs will apply in trade wars between nations. Unfair import
tariffs on Chinese products means Chinese will switch from Boeing
to Airbus and convert its 2 trillion US dollar reserve into gold
or Euro instead and it means disaster to our economy indeed.
Robert Yang

(e) Dear Editor:
If you ever need a story about our broken immigration system as
it pertains to the visa waiver program, I am your guy.  My wife
and I were married seven years ago and finally last June we were
notified that her case had come up and it was time to go to
Juarez to adjust her status.  She entered the country illegally
in 1998 with her two small children.  As I am sure you are aware,
the two girls were granted their green cards on the spot, but she
needed a waiver.  Well her appointment for that waiver was on
8/14/08 and unfortunately she is still in Mexico as I am writing
this.  I have been told it is 13 to 15 months processing time.
Thankfully the 15 months is up next month, but I doubt I will
hear anything.  So much more to tell but I won't go into more
details now.  My questions is, if this is the way the system
works, why would anybody try to adjust their status?
Name withheld
The first daily in the field of immigration. Forward this to a

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