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Immigration Daily


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Immigration Daily
Arthur L. Zabenko, Esq., Legal Editor
August 21, 2001
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Editor's Comments

In today's Featured Article, Joel Stewart discusses a recent en banc BALCA decision styled Matter of Kaplan. Many observers have noted that the Labor Certification process is progressively getting more and more disconnected from reality. An example might be the consequences of Matter of Kaplan which apparently implies that an advertisement for a Domestic Cook may not mention the kind of cuisine, nor may an employer discuss his or her dietary preferences with job applicants. In his remarks quoted on CNN.COM, President Bush said last month: "I do believe, though, that when we find willing employer and willing employee, we ought to match the two. We ought to make it easier for people who want to employ somebody, who are looking for workers, to be able to hire people who want to work." Practitioners can hope and pray that President Bush will include labor certification reform as part of his eagerly awaited immigration proposals.


How to Convert Email Inquiries into Paying Clients

At the outset, one must realize that this small note can only be a start towards exploring this big subject. A few pointers:

(1) Answer all emails promptly, preferably in no more than one business day. On the internet, people tend to make up their minds quicker than they do using traditional channels like word-of mouth.

(2) Keep your reply short. You can discuss the matter at greater length with the email prospect on the phone. This will also allow you to deal effectively with the flood of emails, separating the wheat from the chaff without spending too much time.

(3) Always include your contact information in your email replies, it will help your prospective clients come one step closer toward becoming paying clients. The most effective way to do this is to use the signature feature in popular email programs like Outlook, Outlook Express, etc. In your contact information, include not only your phone number, but also your email address, a link to your website, a byline about your legal services, etc.

ILW.COM Focus will carry more tips on converting email prospects into paying clients in future issues of Immigration Daily.

Tip of the Day

Immigration Articles on ILW.COM

ILW.COM publishes articles on any aspect of immigration law. We encourage the submission of articles from attorneys, paralegals, professors, scholars, human resource managers and anyone effected by immigration law. We will not publish something we know to be factually inaccurate. Beyond that, we actively seek a variety of opinions and viewpoints. Articles do not have to be footnoted as though we were a traditional law journal. The length of an article is best determined by the subject it covers. Some topics can be covered in a few paragraphs while others may require many pages. An advantage of electronic publishing is the flexibility to carry articles of any length. With over 8,000 subscribers to the e-mail version having an article published in Immigration Daily is an economical way to express yourself, share your knowledge, and gain recognition in the field. Send articles in electronic format to or FAX to 212 563-4438.

ILW.COM Featured Article of the Day

Matter of Kaplan: Cooking Specialization Requirements for Domestic Cooks held Restrictive
Joel Stewart discusses a recent en banc decision by the Board of Appeals for Labor Certification Applications (BALCA) concerning special requirements for the occupation of domestic cook.

Immigration News

Habeas Available in 5th Circuit
In Alejandro Cano-Miranda v. Ashcroft, No. 00-20570 (5th Cir. Aug. 17, 2001), the court applied the recent Supreme Court decision in INS v. St. Cyr holding that the federal courts have habeas jurisdiction in reviewing deportation orders, and held that the District Court erred in dismissing the Petitioner's appeal for want of habeas jurisdiction.

Improperly Obtained Fingerprint Evidence May Not Be Used in Immigration Charge
In US v. Guevara-Martinez, No. 00-3855 (8th Cir. Aug. 20, 2001), the court held that fingerprint evidence obtained in the course of an unlawful arrest and detention cannot be used in proceedings against an alien found in the US after deportation.

Admission as Permanent Resident is Not Proof of Waiver of Inadmissibility for Conviction of Crime involving Moral Turpitude
In Zavaleta-Gallegos v. INS, No. 99-71017 (9th Cir. Aug. 20, 2001), the court said that the Board of Immigration Appeals (BIA) acted reasonably in finding that the Petitioner was not granted a waiver of being inadmissible on the grounds of conviction of stalking his girlfriend prior to being admitted as a permanent resident and dismissed the case since the court lacked jurisdiction to review.

Miranda Warnings Not Required in Deportation Proceedings
In US v. Arroyos-Serna, No. 01-201 (10th Cir., Aug. 17, 2001), the court affirmed the Defendant's sentence holding that documents were properly admitted under the business records exception to the hearsay rule by the district court over Defendant's objections, and noted that Miranda warnings are not required in deportation proceedings.

Immigration in the Press

Bush Goes Slow on Immigrant Amnesty
The Washington Post reports that President Bush has begun signaling to his allies in Congress that they should plan a slow, piecemeal process that likely won't make sweeping changes until after the 2002 elections.

This Day in Immigration

From August 21, 2000

"Editor's Comments of the Day: The INS has issued notices extending the period for public comments on three INS forms-N-600/N-643, I-866, and I-775. Each of the comment requests allows for additional time as no comments were received. The comment should address whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; enhancement of the quality, utility, and clarity of the information to be collected; and minimizing the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. If you have ever thought that INS forms ask for too much or irrelevant information why have you not taken the time to comment? "

The ILW.COM archive of immigration information is 20,000 pages and continually growing. To search the archive by date, click here, or search by entering a keyword:


ILW.COM carries classified ads for immigration related positions. $100 for single insertion, $250 for five consecutive insertions, payable in advance. Contact us for details. We will also carry for no charge announcements such as immigration related events. We reserve the right to refuse any ad and to make minor editorial and formatting changes. Send to

Fragomen, Del Rey, Bernsen & Loewy, is the largest law firm in the country practicing exclusively in the area of immigration and nationality law. In order to meet the demands of our growing business, the firm is actively recruiting for experienced paralegals in its ATLANTA, NEW YORK, NEW JERSEY,and CHICAGO offices. The ideal candidate has business immigration experience or a human resources background dealing with immigration issues. Must have excellent verbal and written communication skills and be able to perform multiple tasks in a fast-paced environment. The firm offers superior salaries and exceptional growth opportunities. Please submit cover letter and resume to Anne-Rose van den Bossche, Esq., Fragomen, Del Rey, Bernsen, & Loewy, 515 Madison Ave, New York, NY 10022 or fax 212-750-1121 or

Angelo Paparelli and Steve Yale-Loehr will conduct a teleconference and e-mail listserv series titled On the Cutting Edge: H-1B Practice and Strategy with Angelo Paparelli and Steve Yale-Loehr. The remaining teleconferences will take place Wednesdays September 5, and October 3, 2001, at 1:00-2:30 p.m. Eastern (New York) time. They are open to attorneys, employers, HR professionals and anyone else interested in the H-1B process and strategy. For more information or to register click here.

American Immigration Lawyers Association 2001 Fall CLE Conference "It's a Border Thing" September 14, 2001, La Mansion del Rio Hotel, San Antonio, Texas. Register before August 24, 2001, and save $$. Receive discounted hotel rates when you make hotel reservations by August 20, 2001. Visit the Conference section of to obtain registration and hotel information. Don't Miss This Exciting Conference!

Saturday, October 13, 2001, 9:00 a.m. to 1:00 p.m. at Ramada Inn, Fairfield, NJ. A panel of experienced immigration lawyers and paralegals will explain how the administrative system operates and present the information you need to handle basic immigration matters. You’ll also hear directly from several agency representatives about the procedures you need to follow when dealing with these agencies. For details click here.

American Immigration Lawyers Association, Central Florida Chapter (AILA-CFC) will be holding its 15th Annual Advanced-Level Immigration Law Seminar on October 26-27 at the Renaissance Orlando Resort, Orlando, Florida.  Discounted hotel rates are available from the resort.  Point of contact for information/registration is Steve Zawacki, or 407/831-6644.

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Correspondence to Letters may be edited and may be published and otherwise used in any medium.
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Marc Ellis, Gary Endelman

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