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Immigration Daily September 18, 2002
Previous Issues
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Editor's Comments

We have updated several INS forms and also added several DOS forms. All forms, many of which are fillable, can be accessed on our forms page. Processing Times on our processing times page have also been updated.


ILW.COM Focus

Gary Endelman, Bryan Funai, Alan Tafapolsky Are Speakers At "Paparelli on Cutting-Edge Issues in Business Immigration Practice"

Gary Endelman, Bryan Funai, and Alan Tafapolsky will be the speakers at the September phone session in the seminar course led by Angelo Paparelli on cutting-edge issues in business immigration. The curriculum will include:

  • Latest Developments and Practice Strategies involving:
    • The Immigration Consequences of Mergers, Acquisitions, Spin-Offs and other Forms of Corporate Restructuring:
    • How Do You Resuscitate "Lost" Cases through creative use of the New Definition of "Successorship in Interest"?;
    • What Should Your Immigration M & A Due Diligence Checklist Contain?
    • How do You Dazzle and Work Successfully with Corporate Counsel?
    • What are the I-9 and Anti-Discrimination Risks and Solutions?
    • How Can You Preserve Priority Dates and RIR Advertising Benefits Secured by the Predecessor Entity?
    • How Can You Gain Maximum Benefit from Strategies involving POE submissions, E-2 Advisory Opinions, and the "Class Representative" and "Minimalist" Approaches?
    • What does the Puleo memo on new or amended I-140 Petitions cover and omit? and
    • What are the most successful strategies in Dealing with the Regional Service Centers, INS Headquarters and Consular Posts?.
  • Blanket L-1s and E-2 Advance Practice Issues:
    • Benefits and Risks for Large, Mid-Size and Emerging Companies;
    • Changing jobs without prior INS petition approval;
    • When to Use the Blanket Approach and When to Opt for INS Premium Processing;
    • Avoiding Bungles and Capturing Opportunities with Clients and the Government.
  • Late Breaking Developments involving new Regulations and Statutes.

Mr. Paparelli reveals hidden subtleties and provides in-depth commentary on many complex issues in business immigration. This seminar course will be fast-paced and full of practical pointers for immigration practitioners. Fortify your knowledge with this seminar. Don't miss it! Register Today!

For more info, including detailed curriculum, speaker bios, and registration information online, click here.
For more info, including detailed curriculum, speaker bios, and registration information by fax, click here.


Featured Article

The ABCs Of Immigration - Issues In Losing Citizenship
Gregory Siskind and Amy Ballentine write about matters connected to losing citizenship.


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Immigration Law News

BALCA Says Employer Cannot Merely State Without Corroborative Documentation That US Applicant Asked For Higher Salary Than On ETA-750-A Form, But Must Actually Offer Job To US Applicant
In the Matter of Lico's Tree Service, No. 2001-INA-00124 (BALCA, Sep. 12, 2002), the Board of Alien Labor Certification Appeals said that Employer's Report of Recruitment did not mention that a US applicant had asked for a higher salary than offered in the labor certification application, and that there was no other documentation that the applicant asked for a higher wage, and said that an Employer must actually offer the applicant the position and allow the applicant the opportunity to reject the offer.

Naturalization Ceremonies For Thousands In Memory Of Founding Fathers
INS announced that 15,000 immigrants would be naturalized in 23 separate ceremonies throughout the country in observance of Citizenship Day and quoted INS Commissioner James Ziglar "These ceremonies are a tribute to the memory of our founding fathers who on September 17, 1787, created our system of government with the signing of the U.S. constitution, INS is doing its part to foster a greater appreciation for the constitution by welcoming new U.S. citizens."

Biometric BCCs Required From October 1, 2002
INS announced "Beginning October 1, 2002, holders of the old non-biometric Mexican Border Crossing Card (BCC) will be required to present the new biometric BCC at all U.S. ports of entry along the U.S./Mexico border."

No Jurisdiction Under 28 USC 2253(c)(2) To Reviewing Sentence
In US v. Walters, No. 00-3576 (3rd Cir. Sep. 17, 2002), the court said that it did not have jurisdiction under 28 USC 2253(c)(2) to review Defendant's appeal of the District Court's denial to depart downward in his sentence for unlawful reentry by a deported aggravated felon, and pointed out that 28 USC 2253(c)(2) was only for issues of constitutional dimensions or where a complete miscarriage of justice had occurred.

INS Seeks Comments
INS sought comment on Application for Authorization to Issue Health Care Certificates; Form I-905.


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Most People Grasp Distinction Between Criminals And The Undocumented
An Editorial in the Rocky Mountain News says "Yet the fact remains that a Mexican construction worker who came here illegally is not in the same moral class as, say, a mugger - even though both have broken a law. Most people grasp the distinction even if they can't quite explain it. That's why they'd never dream of failing to report the sighting of a mugger to police, for example, yet fail to report probable illegal immigrants all the time."

Tancredo's Attack On Undocumented Honor Student Is Attack On Media
An Editorial in the Daily Camera of Boulder, Colorado says "Tancredo is indirectly chipping at freedom of information and expression. The media should be talking to real people, about real issues, and punishing people for being forthright with reporters (unless they are making credible threats or confessing truly serious crimes; and whatever Tancredo may feel, illegal immigration isn't murder) very likely would hamstring the press's ability to do its job."

Thank Tancredo For Lively Debate On Immigration
An opinion column in the Denver Post says "Tancredo, however, thought it was his "duty to report a crime." Whatever you do, look in your rear-view mirror before flipping a U-turn - not necessarily for police, but for Tom Tancredo. And to determine the sweetness of a bunch of grapes at the supermarket before buying them, don't pop one in your mouth unless you're sure Tom Tancredo's not peeping through boxes of Stove Top Stuffing. And don't light up in a public restroom until you check under the stalls ladies."

Congressional Policy To Permit Large Scale Undocumented Immigration Manifested In Underfunding Of INS Enforcement
An opinion column in the Rocky Mountain News says "The American economy depends on the cheap labor of immigrants, many of whom are in the country illegally, who do the jobs American citizens won't touch. Congress passes largely symbolic laws to curry favor with constituents who believe they oppose this accommodation (although the first instance of a voter refusing to eat in one of the thousands of restaurant where illegals do the dishes is yet to be recorded), while at the same time funding the INS at a level that ensures enforcement of the immigration laws will be sporadic at best."


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Classifieds

Help Wanted - Experienced Immigration Attorney
Do you want to join a winning team? Are you energized by challenging opportunities in employment-based immigration law? If so, read on: Nationally prominent, well established West Coast Immigration Law Firm with focus on employment-based immigration seeks an experienced immigration attorney who is a self-starter and a team player to help open and manage an office of the firm in Manhattan. Successful candidate will have (1) at least five years of substantial experience in all phases of employment-based immigration (with experience in family-based immigration, deportation-defense and the immigration consequences of criminal convictions all a plus), (2) excellent writing, communication, technology and people skills; (3) membership in the New York state bar; (4) verifiable references and high ethical standards; (5) a track record in motivating, managing and leading immigration paralegals; (6) proven talents in marketing and business origination; (7) a passion for immigration law and an equal passion to help people; and (8) a desire to work with a diverse and top quality team of lawyers and paralegals who mirror excellence in client service and dedication to advancing the field of immigration law. If you have a drive to succeed and you meet or surpass our requirements, then send your resume and a letter describing your interest, qualifications, financial requirements and career goals in strict confidence to aap@entertheusa.com.

Editorial Help Wanted
ILW.COM has a New York City based, full-time Editorial position open.
What ILW.COM offers:
We offer an unrivaled opportunity to acquire holistic knowledge of immigration law and an excellent opportunity to gain rapid recognition in the immigration law community. We offer an opportunity to gain useful technological and research skills. We have an informal and friendly small-company environment. Some flex-time is possible. We also provide company-paid health insurance.
What the job involves:
The job involves primary responsibility in preparing our flagship product, Immigration Daily, and in adding new legal content to the website. The position also involves contributing to the team effort in growing a small company.
The right candidate must have the following:
An intense interest in learning about all aspects of immigration law is an absolute must. The right applicant must also be a "power searcher," i.e. must be very comfortable with finding information on the internet. Basic knowledge of immigration law is required. A law degree is highly preferred, but is not an absolute requirement. Experience as an immigration lawyer is desirable, but not necessary.
Who is ILW.COM:
We are a law publisher based in New York City. We are a small business, currently we have 6 team members. We own and operate www.ilw.com, one of the most important websites on immigration law in the world. We publish Immigration Daily, the pre-eminent news publication in immigration law, which is emailed to over 10,000 opt-in subscribers 5 days a week. We have an attorney referral service and offer seminars on immigration law to attorneys.
Interested applicants should kindly send a resume by email to editor@ilw.com. References are required.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For a listing of current immigration events please click here
For services/products of use in your law practice please click here


Letters to the Editor

Dear Editor:
Regarding the recent controversy over "remand back," which I inadvertently started a month or so ago, let me first apologize to anyone who thought I was a "complaining, criticizing attorney" "scathingly bringing to your attention" what is in fact a "good," albeit improper, use of "remand back." It was hardly my intent to expose myself of some "Cotton Mather" who cannot spell. Unlike the unnamed critic in Monday's issue, I was not a "top English student graduate." (Indeed, as I did it on the first try, I was very happy upon completion of the required two semesters of English with passing grades.) Therefore, please let me retract my prior "letter to the editor," so that those far-better qualified than I, can encourage you to participate in the further decline of the English language.

(David Murray's comment on this issue was hilarious. Way to go!)

Douglas H. Duerr
Atlanta, Georgia

Dear Editor:
I find it interesting that Pablo Jaramillo wants you to ignore Representative Tancredo in your publication because he doesn't have any authority or an honest approach to immigration issues. Where has this person been? Representative Tancredo does, indeed, have authority as the head of the Congressional Immigration Reform Caucus and as an elected representative of his district. Just because he has a different opinion than Mr. Jaramillo doesn't mean his approach isn't an "honest" one. He honestly believes that people who break the law and flaunt that in the face of the American people should be punished. Guess what, so do I!

While it may be true that some people would like for you to focus on Senator Kennedy or the other bleeding heart liberals who champion the cause of illegal immigration, many of us do appreciate the fact that you are willing to present the other side of the issue.

As far as deporting Tancredo, if he is here illegally, I say go for it.

LL


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. Send Correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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