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

August 6, 2009


1.  Comment: Last But Not Least
2.  Focus: Today Is The Deadline For Family Immigration For
3.  Articles:
    (a) Immigration Due Diligence: Costly To Ignore, But Not To
    Implement by Robert A. McGraw
    (b) Ignoring Real Privacy Problems by James Plummer for the
    Foundation For Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) DOJ Immigration Litigation Bulletin: Feb 2008
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) Help Wanted: Immigration Attorney
    (c) Help Wanted: Immigration Attorney
    (d) Forensic Psychology Services
    (e) Translation Services
6.  Headlines:
    (a) Latino Immigration And Ethnic Profiling
    (b) Pair Being Held On Immigration Charges File Suit
    (c) Legal Immigrants Need Better Protection From Scams
    (d) Judge Refuses To Toss Racial Profiling Case
7.  ComingsNGoings:
    (a) Submit Your Announcement
8.  Letters From:
    (a) Steve Landess
    (b) Manuel Martinez
    (c) K.W.E.
    (d) Rogelio Quesada
    (e) Rodo D.
    (f) GNM
    (g) Ridinin
    (h) Jack


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Last But Not Least

In her first week at DHS, Secretary Napolitano issued about a
dozen "action directives". The very last of these was on
Perhaps this was just coincidence, or perhaps Ms. Napolitano
believes that immigrants should be last in line for her attention
after her other weighty duties have been handled.

We believe that DHS can and should take more muscular action to
deliver immigration benefits. As Gary Endelman and Cyrus Mehta
have argued,
DHS acting alone without legislative intervention, can, within
the four square corners of the INA as currently written, deliver
decisive quantities of immigration benefits to the undocumented -
past, present and future. Legal work authorization and ability to
travel, albeit upto one years duration only each, can be granted
by DHS without any act of Congress.

The time is past when Ms. Napolitano and the Administration were
new to the job, and deserved the country's patience. The country
can now reasonably expect results from those whose office derives
from the 2008 election. We urge those in the corridors of power
in DC to take a close look at the article by Mr. Endelman and Mr.
Mehta, and either through those ideas or otherwise, begin
delivering substantial quantities of immigration benefits without

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

Today Is The Deadline For Family Immigration For Beginners

ILW.COM's latest seminar is Family Immigration For Beginners,
with speakers Douglas Hauer (discussion leader), Kehrela
Hodkinson, Maria Frenn Kallmeyer, Eileen Morrison, Liam Schwartz
and Other Speakers To Be Announced. The curriculum is as follows:

FIRST Phone Session on August 6: Overview of Family-Based
Immigration, Basic Definitions in the INA and How to Complete and
File a Form I-130

++ Who is eligible for family-based immigration sponsorship?
++ What is an immediate relative?
++ What is a "spouse" under the INA? Do same-sex spouses qualify
for any benefits?
++ How does the preference system for family-based immigration
++ What is a "child" under the law?
++ How do you read the Visa Bulletin?
++ What countries send the most family-based immigrants to the
United States?
++ How do you complete and document a Form I-130? Where do you
file an I-130?  When may you file an I-130 with a U.S. Embassy or

SECOND Phone Session on September 3: Applying for Adjustment of
Status and Consular Processing

++ Who is eligible for adjustment of status? How do you complete
and file a Form I-485?
++ When would an individual apply for an immigrant visa at a U.S.
consular post?
++ How do you complete and file a DS-230, immigrant visa
++ What role does the National Visa Center play in consular
processing of family-based immigration cases?
++ What "red flags" should you look out for in preparing an
adjustment of status or immigrant visa application?
++ How do you advise clients in providing evidence of the bona
fides of a marital relationship?
++ How do you complete Form I-864? What documentation should you
include to support a Form I-864?
++ When should you preemptively file a Form I-601 waiver request?
++ What is advance parole?
++ How do previous status violations and unlawful presence impact
adjustment of status and immigration visa applications?

THIRD Phone Session on October 8: Important Strategy and Legal
Considerations for Family-Based Immigration Cases

++ How does the law work with adoption?
++ What is conditional residence?
++ What do you need to know about I-751 petitions?
++ What happens when a petitioner in a family-based immigration
case dies? Is there a process for reinstating a petition after
death of the petitioner?
++ What dual representation issues arise in family-based
immigration cases?
++ How do you prove familial ties in family-based cases? When do
you need to rely on DNA testing to prove a relationship?
++ What does a sham marriage finding mean under INA 204(c)?
++ What if the sponsoring family member withdraws support of a
petition before a green card process has been completed?
++ Should you ever question the authenticity of birth and
marriage records?
++ Can an approved family-based petition be upgraded or

Wednesday, August 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/200920.shtm. Fax form:
http://www.ilw.com/seminars/200920.pdf. Don't delay, sign up

(a) Immigration Due Diligence: Costly To Ignore, But Not To

Robert A. McGraw writes "As governments at all levels flirt with
ever more punitive laws and regulations, other corporate leaders
should follow his example, and take control of their hiring
process on their own schedule and in accordance with the
company's best interest."

(b) Ignoring Real Privacy Problems

James Plummer for the Foundation For Economic Education writes
"The folks who make up the behemoth known as the federal
government have been fretting about privacy, especially Privacy
in the Information Age."

(c) Bloggings On Immigration Law And Policy

Greg Siskind writes "The ACLU has sent a letter to DHS Secretary
Napolitano describing a hunger strike and claiming that solitary
confinement is being used to punish detained immigrants who

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

(a) DOJ Immigration Litigation Bulletin: Feb 2008

The Department of Justice Office of Immigration Litigation
released the Feb 2008 issue of its publication, Immigration
Litigation Bulletin

(a) Help Wanted: Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys for its Refugee and Asylum Law Division in
Washington, D.C. Responsibilities include, but are not limited
to, advising the Division Chief, the Chief Counsel, and USCIS on
issues relating to US immigration laws and international treaty
obligations, and providing legal advice on domestic asylum law
and practice, overseas refugee resettlement programs, temporary
protected status, and the Convention Against Torture. J.D.
degree, active bar membership, 1+ years of post-J.D. experience
required. For full details enter COU-CIS-2009-0007  here.
Applicants must submit (1) writing sample (5 pps. max) (2) resume
(3) cover letter, to mailto:Ronald.Whitney@dhs.gov All
submissions must be received by close of business on August 14,
2009. GS-13/15. Position open until filled. No relocation
allowance offered.

(b) Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an
experienced attorney with experience in immigration law and
training for the Training and Knowledge Management Division
(TKMD). Responsibilities include, but are not limited to, the
development of course materials and delivering of instruction,
developing and managing content with the USCIS Knowledge
Management Center, and serving as an advisor to the Chief of the
TKMD, the Chief Counsel, and to USCIS on issues relating to
immigration laws. J.D. degree, active bar membership, 3+ years of
post-J.D. experience and experience in classroom instruction
required. For full details enter COU-CIS-2009-0006 here.
Applicants must submit (1) cover letter (2) resume , (3) two
writing samples (10 pps. max) to mailto:Janice.Neetenbeek@dhs.gov
OR Mail to: Janice Neetenbeek, Chief, Training and Knowledge
Management Division, OCC, U.S. Citizenship and Immigration
Services, 8801 N.W. 7th Ave., Suite 2012 Miami, Florida 33150.
Applications faxed or submitted through USAJOBS will not be
considered. All submissions must be received by close of business
on August 14, 2009. GS-13/15. No relocation allowance offered.

(c) Help Wanted: Immigration Attorney
Midtown NYC - Attorney for nationally recognized immigration firm
specializing in immigration for physicians, scientists, and
business professions. Will train but experience with O-1's and
EB-1's a plus. Please send resume + writing sample to

(d) 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.

(e) 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) Latino Immigration And Ethnic Profiling

The arrest of Henry Louis Gates has brought more mainstream
attention to the racial profiling of African Americans, but
police profiling of Latinos, ostensibly grounded in "immigration
enforcement," has generated equally disturbing, and bizarre,

(b) Pair Being Held On Immigration Charges File Suit

Two men being held on immigration charges have filed a federal
lawsuit claiming that they -- and more than 1,000 people like
them across Pennsylvania -- are being detained indefinitely with
no chance to make bond.

(c) Legal Immigrants Need Better Protection From Scams

 In particular, citizens of other nations who are eager to
 immigrate lawfully to the United States can fall victim to
 people who offer solutions that are too good to be true.

(d) Judge Refuses To Toss Racial Profiling Case

An immigrant-rights group has won a narrow victory in a civil
rights complaint filed in response to Sonoma County's alleged
practice of stopping and detaining Latinos in order to check on
their immigration status.

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) Submit Your Announcement
If you have a professional announcement such as: New Position,
Honors And Awards, Mergers & Acquisitions, New Office Address,
New Appointment, New Associate, New Attorney, New Partner, that
you wish to share with the Immigration Daily community, send your
professional announcement to: mailto:editor@ilw.com.
comingsNgoings announcements is a free service.

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

(a) Dear Editor:
Regarding ID comment (08/05/09 ID) on president Obama continuing
the immigration policies of the Bush administration, ID must
never have read any of Carroll Quigley's writings.  Professor
Quigley (who was one of former president Clinton's law professors
at Georgetown University) may have been conspiracy nut, but his
words hold true even more today than when they were written in
the 1960's. In 'Tragedy and Hope', he wrote: "The argument that
the two parties should represent opposed ideals and policies,
one, perhaps, of the Right and the other of the Left, is a
foolish idea acceptable only to the  doctrinaire and academic
thinkers. Instead, the two parties should be almost identical, so
that the American people can "throw the rascals out" at any
election without leading to any profound or extreme shifts in
Steve Landess                Austin, TX

(b) Dear Editor:
Regarding ID comment (08/05/09 ID): Obama cant put Hispanics to
the back of the line because we have always been put there since
1848. We can expect to be step kids to America while foreign
immigrants are put in the front. All Hispanics citizens, natives
are castigated as Aliens. Hispanics will not support Obama just
to perpetuate Bush policy
Manuel Martinez

(c) Dear Editor:
Si! to Carolyn J. Williams' letter (08/05/09 ID) for courageously
standing up against the bigots who support America's own fascist
sheriff, Joe Arpaio. Down with Janet Napolitano and her minions
at ICE, who with their "enforcement" mania, are punishing
employers for hiring anyone who speaks Spanish, and with their
"inspection" obsession, are treating employers as if hiring legal
immigrants is a crime.

(d) Dear Editor:
The 287g should have been revoked immediately.  It is creating
havoc with the immigration community by separating families at a
time when Comprehensive Reform is a few months away.  Glad to see
Sheriff Joe... go!
Rogelio Quesada

(e) Dear Editor:
I was astounded to see that some letters (08/05/09 ID) call
Sheriff Arpaio "a champion", a "brave American" or someone worth
of admiration. Mr. Arpaio's techniques to punish immigrants are
inhumane and in no way represent what American has stood for. How
can we keep men, women, children, elderly under inhumane
conditions for months and months? How can we allow officials to
treat people like this? This is an abuse of power that must be
stopped. These immigrants might have broken the law, but how can
we blame them when the system itself is obsolete and inefficient.
I understand that some people might be upset because they "made
the line," yet how can we ask individuals who are fleeing wars,
domestic violence, hunger and poverty to wait 10-20 years for
their turn to enter this country. They are just looking for a
better future, and they are not asking for a free lunch... they
are actually working and contributing in a positive way to our
communities. I recently saw the movie "The Least of These"
(available online for free at snagfilms.com). This film
exemplifies just one part of the reality of what is happening
within our borders, the detention centers. I highly recommend it.
For me, it was an eyeopener that helped me understand the urgency
of an immigration reform. The movie is fantastic and hopefully it
will serve the purpose of raising awareness of what is truly
happening with immigration enforcement.
Rodo D.

(f) Dear Editor:
Sheriff Joe (08/04/09 ID Comment) is right and you are a bunch of
anarchist who wish to destroy the USA as established by the
constitution and the Bill of Rights and the Declaration of
Independence. When is the last time you have read these
documents, if ever.

(g) Dear Editor:
Regarding ID comment (08/04/09 ID): You guys have no respect for
the law. and you're lawyers.  What a joke.  You deserve no
respect whatever from anyone who respects law and order, or our
nation of laws.  It's you who are abusive, not Sheriff Arpaio.
You abuse our society of laws and you abuse those who honorably
carry out their sworn responsibility to enforce them.  You abuse
all of us who live in this society and respect its laws.  Sheriff
Arpaio is honorable; you're dishonorable.  You have destroyed the
respect I once had for your profession, and I believe in time
your lack of principles will destroy your profession.

(h) Dear Editor:
You are condemming Joe with your slanted rhetoric (08/04/09 ID)
ie;  ability to harm innocent immigrants. These people are
illegal, don't you people know this? They are not immigrants they
are illegal immigrants. When will you ever figure that out?   If
you want them here you pay their way, don't ask me to. I am sick
and tired of all of them and your type too.
The first daily in the field of immigration. Forward this to a

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

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