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EB-5 Visas I AILA’Saila Infonet Mapdoc AMERICAN IMMIGRATION LAWYERS ASSOCIATION AN IMMIGRATION DIALOGUE SEPTEMBER 2010 VOICEVOL . 1 ISSUE 2 Child* *HOW DOES THE INA DEFINE THEE? PLUS >> EB-5 Visas I AILA’sAILA InfoNet MAPDoc. No. 10090169. Bridges (Posted the 09/01/10) Gap I Lite Yoga OVER 5,500 COPIES SOLD! I’m Using Kurzban’s 12th Edition … What About You? If you don’t have the 12th edition of Kurzban’s Immigration Law Sourcebook, you’re missing out on what hundreds of immigration judges are referencing when adjudicating your clients’ cases. Even federal judges and ICE officials are relying on it! What You’re Missing: • more than 2,000 new cases • new R, T, U, No-Match, FAR, and other regulations • new changes in E-verify • new analysis of aggravated felonies and CIMTs • new developments in post–REAL ID asylum cases • hundreds of new agency interpretations for NIVs and IVs • new changes in the EB-5 program • special immigrants—religious and juveniles and much more! Don’t go to court without it. Order your copy of Kurzban’s Immigration Law Sourcebook today! 12th Edition 2010–11 Kurzban’s Immigration Abbreviations KURZBAN’S IMMIGRATION LAW SOURCEBOOK IMMIGRATION Chapter 1 Law Sourcebook, Chapter 2 L A W 12th Edition Chapter 3 SOURCEBOOK Chapter 4 Chapter 5 Twelfth Edition ABOUT THE AUTHOR $299 AILA Chapter 6 Ira J. Kurzban has been a renowned and highly respected member of the legal community for more than three decades. During his brilliant career as an Chapter 7 immigration law specialist, Mr. Kurzban has argued before the U.S. Supreme Court and successfully Member price Chapter 8 litigated many significant federal cases concerning the rights of aliens. He has received numerous prestigious awards and honors for his tireless work on behalf Chapter 9 of immigrants including the Lawyers of America Award for his work on behalf of human rights in this $399 Regular Price hemisphere and the 2002 AILA Edith Lowenstein Chapter 10 Memorial Award for excellence in advancing the practice of immigration law. Chapter 11 A Comprehensive Outline and Reference Tool June 2010 / 1872 Pages Today, Mr. Kurzban is an adjunct faculty member, Chapter 12 teaching immigration and nationality law at the University of Miami School of Law and the Nova University School of Law. He is also a partner in the Chapter 13 law firm of Kurzban Kurzban Weinger Tetzeli & Pratt, P.A., of Miami. Mr. Kurzban received his J.D. and M.A. Appendix from the University of California, Berkeley. Contents For easier service and faster Table of Authorities Ira J. Kurzban Contents delivery, order online at Case Table AILA Publications Subject Matter Index 1-800-982-2839 • www.ailapubs.org Stock No. 53-02 www.ailapubs.org Union Bug Logo AIC AMERICAN IMMIGRATION COUNCIL or call 1-800-982-2839. AILA Publications—Written ... Edited ... AILA InfoNet Doc. No. 10090169. (Posted 09/01/10) Published by Immigration Lawyers >> CONTENTS SEPTEMBER 2010 // VOL. 1 ISSUE 2 DEPARTMENTS 4 EDITOREAL “Season of Changes” 5 BLOG nation Immigration Chatter on the Blogosphere 6 NEWSLINK Highlights from Around the Globe 8 SPOTLIGHT COVER >> “AILA: I Couldn’t Practice Immigration STORY Law Without It” by Tahmina Watson 18 “Child: How Do We Define Thee? 17 BALANCE An Age-Old Question Under the INA” “Simple Office Stretches for Our Inner Mr. Duffy” by Danielle Polen Immigration law can be a complex num- bers game when it comes to determining a 22 INTER ALIA child’s eligibility for immigration benefits. “Immigration and the Military: AILA’s Explore the many age-related issues when it MAP Helps Bridge the Gap” comes to this work. by Susan Timmons by Lindsay A. Curcio, Maurice Goldman, and Leslie Holman Plus: “The ‘Green Card’ Goes Green, Again!” by Disna Weerasinghe 24 What’s HAPPENING! Get the 4-1-1 on AILA Members 25 MARKETPLACE Products and Services for Attorneys FEATURE 10 “Investing in the United ILLUSTRATION/SHUTTERSTOCK.COM States: Visas for Employment Creation” The EB-5 program is tough for many immigration lawyers “[An] ‘anchor baby’ ... [is a] sinister to navigate, but here are some tips to help practitioners sort infant that allows illegals to stay in through the common issues. the United States.” —Stephen Colbert, by Boyd F. Campbell The Colbert Report (dialogue on the “anchor baby” myth) Plus: The EB-5 Investor Marketplace, 15-16 AILA InfoNet Doc. No. 10090169. (Posted 09/01/10) “ SEPTEMBER 2010 3 EDITOREAL Season of Changes t’s hard to believe September is already MANAGING EDITOR here—the change of seasons is upon us. Adriana M. Sciortino IFor some, this month marks the start EXECUTIVE EDITOR of another school year; for others, it means Tatia L. Gordon-Troy reluctantly saying good-bye to summer. EDITOR-IN-CHIEF September has indeed kicked off changes at Crystal Williams VOICE. First, VOICE has a newly appointed GRAPHIC DESIGNERS Periodicals Review Board. The board comprises Bradley Amburn highly esteemed AILA members: Dan Berger, Robert Bequeaith Barbara Bower, Dagmar Butte, Susan Cohen, Neil Dornbaum, Anna CONTRIBUTORS Gallagher, Regina Germain, Jane Goldblum, and Rita Sostrin. We Jan Brown, Boyd F. Campbell, Lindsay A. Curcio, could not be more honored to have them aboard. Maurice Goldman, Leslie Holman, VOICE Danielle Polen, Susan Timmons, Second, we’ve had a slight change in staff. Tatia Gordon- Tahmina Watson, Disna Weerasinghe Troy, Director of AILA Publications, has graciously passed the VOICE Managing Editor baton to me—Adriana Sciortino. This VOICE, published online 4 times annually, is the of- will allow Tatia to focus on plans for the future of AILA’s publishing ficial member magazine of the American Immigration program. She’s a tough act to follow given her extensive experience Lawyers Association, Suite 300, 1331 G Street, NW, Washington, DC 20005 and knowledge in all things publishing, but I am privileged to have the opportunity of being a part of AILA and VOICE. COPYRIGHT © 2010 AMERICAN IMMIGRATION LAWYERS VOICE ASSOCIATION. ALL RIGHTS RESERVED. NO part OF THIS PUB- Despite these changes, our mission at remains unchanged. licatiON maY BE REprintED OR OthErwisE REprODUCED Together with our new board and AILA colleagues, we are committed WITHOUT THE EXPRESS PERMISSION OF THE PUBLISHER. to providing a vehicle to open dialogue among our readers regarding hot topics and issues in immigration law and practice. NATIONAL OFFICERS But dialogue involves interaction. So share your comments and [email protected] David W. Leopold ideas with us at . President Eleanor Pelta President-Elect Laura Lichter Adriana M. Sciortino First Vice President Managing Editor T. Douglas Stump Second Vice President Leslie Holman BROWN AROUND TOWN Treasurer Victor Nieblas Pradis Secretary Bernard P. Wolfsdorf Immediate Past President Crystal Williams Executive Director For reprint requests, editorial comments, letters to the editor, and submission of articles for consideration, e- mail [email protected]. To place product/service classified ads in VOICE, e-mail [email protected] or call 202.507.7600. To place employment ads on AILA’s Career Center or post your résumé, visit careers.aila.org. To order AILA publications, visit ailapubs.org. For gen- eral AILA publications-related questions, e-mail pubs@ aila.org or call 1.800.982.2839. DISCLAIMER: AILA’s VOICE features and depart- ments do not necessarily represent the views of AILA, nor should they be regarded as legal advice from the association or authors. AILA does not endorse any of the third-party products or services advertised in VOICE, nor does it verify claims. AILA InfoNet Doc. No. 10090169.COU rt(PostedESY: JAN H. BR09/01/10)OWN OF Law OFFICES OF JAN H. BROWN, P.C., NEW YORK 4 VOICE BLOG NATION [ IMMIGRATION CHATTER ON THE BLOGOSPHERE ] “As the nation’s former chief law enforcement officer … I cannot condone anyone coming into this country illegally. However, as a father who wants the best for my own children, I understand why these parents risk coming to America . If we want to stop this practice, we should pass and enforce comprehensive im- migration legislation rather than amend our Constitution.” “One of the stron- —Alberto R. Gonzales gest arguments in Changing the 14th Amendment Won’t Solve Our Immigration Crisis favor of compre- [ The Washington Post [ hensive immigra- tion reform is that it will make America “Too often, political posturing rather than facts dominates more prosperous the debate surrounding immigration. But when you look at the facts, including record-breaking statistics, our record and competitive.” shows this Administration is serious about sensible and —David Leopold, AILA President —John Morton, Director, United States tough enforcement.” Immigration and Customs Enforcement Investing in America AILA Leadership Blog Get the Facts About Immigration [ [ Enforcement [ The Blog @ Homeland Security [ “What kind of nation do we live in when people are dying while restrictionists are decrying ‘anchor babies’ and we are debating the abolition of birthright citizenship? Does anybody care about the deaths of human beings?” —Dean Kevin R. Johnson, University of California, Davis, School of Law, responding to L.A. Times article “2010 May See New High got a comment? in Border-Crossing Deaths” send it to: [email protected] Amid the Politics, Death on the Border Continues [ ImmigrationProf Blog [ M O C K. C TO AILA InfoNet Doc. No. 10090169. (Posted 09/01/10) ERS TT SEPTEMBER 2010 5 U H S NEWS LINK [ HIGHLIGHTS FROM AROUND THE GLOBE ] “Despite its name [Secure Communities], the program may actually hurt public safety.” Immigration crackdown creates insecure communities [ PBS
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