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

August 25, 2009


1.  Comment: Court Records Access
2.  Focus: Family Immigration For Experts
3.  Articles:
    (a) Ninth Circuit In Herrera v. USCIS Rules That Revocation
    Of I-140 Petition Trumps Portability by Cyrus D. Mehta
    (b) As Immigrants Move In, Americans Move Up by Daniel T.
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) USCIS On R-1 Religious Vocation
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Forensic Psychology Services
    (c) Translation Services
6.  Headlines:
    (a) Tyson Foods Spent Nearly $638K Lobbying In 2Q
    (b) Homeland Security Revises Immigration Partnership With
    Local Jails
    (c) Homeland Security Secretary Janet Napolitano Going
    Nowhere On Immigration Reform
    (d) Latinos Divided Over Decision To Protest 2010 Census
7.  ComingsNGoings:
    (a) Honors And Awards
8.  Letters From:
    (a) Mira Mdivani, Esq.
    (b) Roger Algase, Esq.
    (c) David D. Murray, Esq.
    (d) E.S.F.
    (e) Gladys C. Farris
    (f) Pangga


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Court Records Access

Immigration Daily readers may wish to check out two websites that
are making headway into providing public disclosure of court

provides free, full-text searchable database of Supreme Court and
Federal Appellate case reports, which doesn't require the reader
to use Lexis or Westlaw

is a service which hopes to unlock the paid service, PACER, with
an application that automatically donates purchased documents to
a free repository (for a related news story, see here).

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

Family Immigration For Experts

Our latest seminar is entitled, "Family Immigration For Experts"
with speakers including: Sardar Durrani (Discussion Leader) J.
Bradley Pace, Juan J. Mendoza, Karen H. Pennington, Salima Oines
Khakoo, Steven C. Thal, Vishal Chander. The curriculum is as

FIRST Phone Session on August 27: Relatively Speaking
++ Fiance Visa or Spousal Petition: Crucial questions to ask, To
see any issues, inconsistencies, Not to rely solely on client
statements, Document review, prior divorce, etc., To see how to
assemble the documents based on their facts
++ Immigration "Red Flags": (prior marriage petitions, spouses
residing separately, married under state law but religiously not
married, nseers registration, prior removal proceedings,
inconsistent responses to interview questions)
++ Petitions for Children: (stepchildren, illegitimate children,
adopted children, derivative applications [concurrent form I-824]
and following to join, married children)
++ Death of the Petitioner
++ Documentation
++ Update on CSPA
++ I-864 (beside income, what else may qualify, attorney
responsibility to inform (sponsors obligations, when can be
++ Medical examination
++ Inconsistent information on forms - amend or withdraw form
++ If marriage fails: VAWA, U visa

SECOND Phone Session on September 17: Inadmissible Aliens
++How to get a conviction record
++Conviction Disclosure (should convictions be reported,
reporting juvenile convictions, reporting expunged convictions)
++Criminal Grounds of Inadmissibility: (aggravated felony
conviction, what is a crime involving moral turpitude, multiple
offenses, trafficking in persons, drug convictions)
++Criminal Inadmissibility Waivers: (petty offense waiver,
juvenile offense waiver, 212(h) waiver)
++Non-Criminal Grounds of Inadmissibility: (inadmissible at time
of entry, unlawful presence [six months to one year, and more
than one year], misrepresentation, document fraud, false claims
to u.s. citizenship, unlawful voting, 212(a)(9)(c) [ten-year bar]
++Waiver of Non-Criminal Grounds of Inadmissibility: (extreme
hardship [601] (hardship to eligible relatives, family
separation, hardship to children, medical conditions, conditions
in home country, community ties, non-eligible relatives,
documenting your case)
++Obtaining a 212(h) waiver
++After AOS interview: (If I-130 denied, should
Appeal/MTReconsider or file new I-130, if I-130 denied and NTA
++Other problems: (False SS#, passport shows entry in home
country while in US
++Effects of crimes such as: (domestic violence, prostitution,
fire arms offenses)

THIRD Phone Session on October 22: Removing Conditions
++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, August 26th 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 today.

(a) Ninth Circuit In Herrera v. USCIS Rules That Revocation Of
I-140 Petition Trumps Portability

Cyrus D. Mehta writes "Stated simply, an applicant for adjustment
of status (Form I-485) can move to a new employer or change
positions with the same employer who filed the I-140 petition as
long as the new position is in a same or similar occupation as
the original position."

(b) As Immigrants Move In, Americans Move Up

Daniel T. Griswold writes "If past congressional debates are any
guide, one point of contention will be the impact of reform on
the American underclass."

(c) Bloggings On PERM Labor Certification

Joel Stewart writes "A recent BALCA decision illustrates the
problems that some Employers have registering on-line to use the
electronic filing system."

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

(a) USCIS On R-1 Religious Vocation

USCIS responds to the query "Can a Catholic religious order bring
nuns to the US who fully satisfy all conditions under the
definition of Religious Vocation, to work as nurses in closely
affiliated Catholic hospitals?" (courtesy of Sofia Zneimer, Esq.)

(a) Help Wanted: Immigration Paralegal
Washington, DC - Fragomen, Del Rey, Bernsen & Loewy
seeks an experienced Paralegal for its D.C. office. This is a
career position requiring a wide range of skills in a fast-paced
setting for the right candidate. Our ideal candidates have 2+
years experience with all aspects of business immigration,
including H-1B and L-1 visas, PERM, Immigrant Visa Petitions, and
Applications to Adjust Status. The Paralegal will have the
opportunity to manage caseloads with a large degree of
independence; communicate with clients regarding procedural and
case processing issues; update and maintain client status
reports; prepare bills; and serve as a team resource. Very
competitive salary and benefits for the right candidate. Please
email your cover letter, resume, and writing sample (Word or
Adobe formats only) to Robert F. McCafferty, Human
Resources/Office Manager, at mailto:rmccafferty@fragomen.com. Or
fax same to 202-371-2898. EOE.

(b) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
The right experts make a real difference.

(c) Translation Services
Eurasia Translations, Inc. has been proud to serve immigration
attorneys and individuals since 1993 with the translation of
personal documents, academic credentials, criminal clearance
letters, etc. Our customers can rest assured that all of our
translations are prepared in accordance with USCIS requirements
and are accompanied by a notarized certificate of accuracy. For
more information, please call 888-887-1884 or visit our website.
For a free quote, please complete
or fax your document at 818-907-9763.
6.  Headlines

(a) Tyson Foods Spent Nearly $638K Lobbying In 2Q

Tyson Foods Inc., the nation's largest meat producer, spent more
than $637,884 in the second quarter to lobby on meat labeling,
tax credits and other issues, according to a recent disclosure

(b) Homeland Security Revises Immigration Partnership With Local

The Department of Homeland Security is requiring counties that
participate in its illegal-immigration enforcement program to
agree to a new focus on violent criminals.

(c) Homeland Security Secretary Janet Napolitano Going Nowhere On
Immigration Reform

Where are the concrete commitments, the goal posts, the detailed

(d) Latinos Divided Over Decision To Protest 2010 Census

With all that said, the Latino community, particularly the
undocumented immigrant community, finds itself in a significant
dilemma in regards to the 2010 census.

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) Honors And Awards
Cohen & Grigsby, P.C., a business law firm with offices in both
Pittsburgh, PA and Florida, is pleased to announce that John S.
Brendel was recognized among the Best Lawyers in America 2010.

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

(a) Dear Editor:
I would like to thank Jennifer L. Nissen's letter (08/21/09 ID)
for pointing out an error regarding the timing of the LCA Public
Access file preparation in my article (08/20/09 ID). As her
letter correctly pointed out, 20 CFR 655.760(a) states that "the
employer shall make a filed labor condition application and
necessary supporting documentation available for public
examination at the employer's principal place of business in the
U.S. or at the place of employment within one working day after
the date on which the labor condition application is filed with
DOL.  Following the correction, I made a change in the article
and revised our internal procedures. The regulation also states:
"The following documentation shall be necessary: (1) A copy of
the certified labor condition application (Form ETA 9035 or Form
ETA 9035E) and cover pages (Form ETA 9035CP). The current LCA
procedure, however, makes it impossible in most cases to do what
the regulation requires.   DOL currently takes up to a week to
approve LCAs, and we have seen EIN-glitch-based denials where DOL
is taking more than a week to reinstate the employer.  Our
updated procedure is "within one working day after the date on
which the labor condition application is filed with the DOL; if
unavailable at that time, place an uncertified LCA in the file,
and replace with a certified one when is it approved.
Mira Mdivani, Esq.    Overland Park, KS

Editor's note: The updated Article can be viewed at:

(b) Dear Editor:
This will no doubt strike some readers as a sign of excessive
anxiety, if not outright paranoia on my part, but given the care
with which every official government statement has been prepared
in every regime known to humanity since the beginning of time, I
wonder if there is not some significance in the order in which
Janet Napolitano, in her statement after her charade (also known
as a "meeting") with representatives of 130 immigration advocate
groups the other day (see ID/08/24), listed the organizations she
is "looking forward" to working with on immigration reform. Law
enforcement groups came first and advocacy groups last. This is
exactly the way DHS current policy is playing out, so anyone who
hopes for real reform, as opposed to more draconian "enforcement"
measures, is dreaming, in my opinion. On this "optimistic" note
(at least optimistic from the point of view of those who think
that America already has more dark - skinned immigrants than it
has room for - a view that I emphatically do not share), I will
take the letter-writing break that I had originally promised my
fellow ID readers during the month of September, beginning one
week early. I am sure that this will come as a relief to many.
See you in October.
Roger Algase, Esq.   New York, NY

(c) Dear Editor:
I agree with Jim Roberts' letter (08/24/09 ID) that, "It is
absurd and irresponsible to advocate that our entry policies
should be more efficient and convenient in order that non-
citizens can migrate without limits or beyond acceptable ones as
determined by US citizens, not special or ethnic interests."
Amnesty should not be a reward for breaking the law. Having said
that, Congress, the people of the US and especially employers who
have hired and continue to hire undocumented aliens, both illegal
and overstays, are equally to blame and perhaps more to blame
than the undocumented aliens, who just followed the crarrot of
opportunity dangled on the stick of greed. If there is an amnesty
under CIR, or otherwise, scofflaw employers should be the ones to
foot the bill for everything concerned with an undocumented alien
seeking legalization benefits under any new law. That'll shak'em
up on Capitol Hill.
David D. Murray, Esq.    Newport Beach, CA

(d) Dear Editor:
I cannot understand why Jim Roberts' 8/24/09 letter shows such a
strong negative reaction to my letter of 8/21/09, which was meant
to oppose white supremacist anti-immigrant bigotry. Mr. Roberts'
letter also seems to be outraged by the 8/21/09 letter of Roger
Algase which, as I read it, in addition to opposing bigotry, also
condemns doctrinaire left wing idealogy. Mr. Roberts' letter
should have no reason to take offense. I have never seen a single
Jim Roberts letter in favor of left wing ideology.

(e) Dear Editor:
Why feel shame for what many nonimmigrant has been screaming for
years of what has been happening in jail?  This news is old news
except the attention of the hispanic population as American
citizens has grown to importance number that could tilt the
parties they vote for.  Obama promises up to this point has been
as a politician and although he may want this reform he knew for
the very beginning that his power are limited here.  What does
that say?
Gladys C. Farris

(f) Dear Editor:
I agree with Zaheris Angel's letter(08/17/09 ID) about married
people being separated for a  long time because people at the
USCIS take their time reviewing the  documents submitted with the
petition.  Sometimes the consul's negative  decision is based on
their opinion and not on real facts.  Married  people should not
be separated for a very long time. Why is it that whenever a
petition is filed, people at the USCIS or at  the Embassy think
that there is fraud involve and that either party is  treated
like a criminal with suspicious background.  Also, instead of
informing the petitioner what they need if they feel that further
evidence is required, they right away decide to send back or
revoke or  deny a petition.  They should be a little more
Pangga   Philippines
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