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Immigration Daily October 16, 2002
Previous Issues
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Editor's Comments

What may be the first legislative shots in the legalization battle were fired when Rep. Gephardt (D-MO) introduced legislation for earned legalization on October 10th. The battle may well be a long drawn-out contest and will likely take place in the next Congress. The fight over the legislation will likely split both Republicans and Democrats; with Republicans splitting between those who support the President's vision of immigration, and those to whom immigration is mostly anathema; and with Democrats splitting between those who will compromise with the President, and those holding out for more labor protections than the President's plan will likely include.


ILW.COM Focus

Deadline is Thursday, October 17th! "Paparelli on Cutting-Edge Issues in Business Immigration Practice"

The curriculum for the final seminar in "Paparelli on Cutting-Edge Issues in Business Immigration Practice" will include:

  • Defending your H-1B clients in DOL Wage & Hour Audits:
    • Responding to the 29 questions of the typical DOL investigator;
    • Taking curative actions to minimize exposure;
    • Preparing employees for interviews with DOL investigators;
    • Working with employment counsel on overtime and Fair Labor Standards Issues;
    • Reviewing and correcting I-9 files.
  • Immigration Issues in Dealing with the Social Security Administration:
  • Age-Outs in Employment-Based Cases:
    • Reconciling the Age-Out provisions of recently passed statutes (the USA Patriot Act and the Child Status Protection Act [CSPA]).
    • Analyzing and challenging the restrictive interpretations of the State Department's August 26, 2002 cable on the employment-based provisions of the Child Status Protection Act [see: http://travel.state.gov/state163054.html]
    • Waiting for the other shoe to drop: What does the INS say about CSPA?
  • AR-11s and the Aliens' Lament:
    • "It's more than 10 days since I moved: Should I/Shouldn't I Report My Change of Address to the INS"?
    • Advising clients in an era of selective prosecution;
    • Analyzing potential criminal liability and exposure to removal;
    • Evaluating possible affirmative defenses;
    • Deciding on what and when to report (all prior addresses; the current address only; or only the next change of residence)?
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! The deadline is Thursday, October 17th. 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

Physical Therapists Licensing Requirements By State
Gregory Siskind and Karen Weinstock provide a state-by-state listing of Physical Therapists' licensing requirements.


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Immigration Law News

Democrats Introduce Legislation For Earned Legalization
Rep. Gephardt (D-MO) said "Today, Democrats are introducing legislation that will take the first step toward comprehensive immigration reform that will recognize immigrants who have been working and contributing to this country while also increasing our security. Our earned legalization legislation will ensure that hard-working, tax-paying immigrants will be able to adjust their status and live legally if they have resided in the United States for at least five years, have a work history of at least two years and are able to pass a background check."

INS Testifies To Senate Subcommittee
INS offered testimony before the Senate Subcommittee on Technology, Terrorism, and Government Information.

Congressman Salutes Ethnic Organization Providing Immigration Services
Rep. Levin (D-MI) said of the Chaldean Federation of America "their service to the community has been extensive, from employment and social services, to language and translation support, to computer training and immigration services."

DOJ Moves To Revoke Citizenship Of Alleged Nazi Guard
The Department of Justice announced that it had "initiated proceedings to revoke the U.S. citizenship of a Lyndhurst, Ohio, man for participating in the Nazi-sponsored persecution of Jews and other civilians during World War II."

No St. Cyr 212(c) Relief When Convicted After Trial
In Chambers v. Reno, No. 00-6364 (4th Cir. Oct. 15, 2002), the court held that IIRIRA repeal of discretionary relief applied to Defendant who was convicted at trial of an aggravated felony prior to IIRIRA's enactment since when he went to trial he did so aware that he could be convicted and sentenced to a term that would have disqualified him under 212(c), and said that aliens in his circumstances went to trial acting to preserve, not weaken, their immigration status by challenging the underlying crime.


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

Circuit Split On Closed Deportation Hearings Appears Headed To Supreme Court
The National Law Journal reports that "The first terrorism-related suits to reach the U.S. Supreme Court seem likely to be challenges to closed deportation hearings."

9/11 Widower Allowed To Stay
Newsday reports "A Russian immigrant, threatened with deportation after his wife was killed in the World Trade Center attack, will be allowed to remain in the United States."

Resurrection Of 245(i) Abandoned?
The San Francisco Chronicle reports "Congress and the White House have abandoned a bipartisan effort to loosen immigration law this year ... The quiet death of the immigration legislation comes even though President Bush had urged passage of a bill to make it easier for certain illegal immigrants to apply for legal residency."


How to Get and Keep Corporate Clients? Use ILW's Case Tracking! Each case takes only a few minutes from start to finish! Serious practitioners find this modern technology a "must have." For more info, send e-mail to: support@ilw.com, include your phone #.

Classifieds

Help Wanted: Immigration Associate
One of California's most respected immigration firms seeks an associate with 2 yrs exp in immigration. We require excellent written skills and ability to work independently. We offer excellent salary and benefits package including medical, dental, vision, 401k, long term disability, car allowance, bonuses, 3 weeks vacation to start and a very congenial environment. Check us out at www.immigrationandyou.com. All applications confidential, send resume w/salary history to: HR, 2 N. Lake Avenue, Suite 950, Pasadena, CA 91101.

Labor Certification Advertising
Do you place labor certification advertisements on behalf of your clients? Try USADWEB, LLC the premier ad agency for the immigration attorney. Our job is to make your job a little easier. Our knowledgeable staff has experience in dealing with all forms of recruitment including newspapers, journals, periodicals, Internet, college recruitment and more. You and your clients will receive the best guidance and cost efficient arrangements that any print and Internet publication can offer. Best of all, our job is not done until your client's tearsheet or affidavit has been promptly mailed to you. We offer one-stop accountability for advertisements placed in multiple publications, so leave the worrying to us. Reduction in Recruitment (RIR) Advertisements: Our goal is to help you & your clients establish a recruitment pattern that will be acceptable to the Department of Labor (DOL). All you need to do is describe your recruitment advertisement needs and we will work hard to make your needs a reality. We offer a wide range of services and bring to the table knowledge in DOL compliant advertisement. Working together with you, we can help bring certainty to your certification. Have you been asked to re-advertise based on a Ziegler NOF because of industry layoffs? With only 35 days to respond to the NOF and 10 days of recruitment, you need tearsheets as quickly as they can be delivered. We understand this situation and the many others that can arise when you are taking care of your clients. We work to make these situations simple and easy by providing prompt efficient service and aggressive follow-up with publications to help ensure that you get what you need to complete your case. Regular Labor Certification (RLC) Advertisements: Times are constantly changing, with dotbombs all around us and layoffs prevalent in many industries; many attorneys are turning to the regular labor certification process once more. Our knowledgeable staff can assist you in reviewing advertising instructions and verifying SWA (SESA) compliance for placing advertisements. We can assist you with proofing your advertisement and placing it promptly in the next most immediate publication (as instructed). We win when your job is well taken care of. Please check out our website at www.USadWEB.com. You can also contactus by e-mail, contact@usadweb.com or toll free at 866-872-3932.

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:
I did not receive my copy of Immigration Daily today, please could you forward a copy to me. Many thanks.

Neelam Bhardwaj

Editor's Note: There was no October 14th issue of Immigration Daily, since our office was closed in observance of Columbus Day.

Dear Editor:
I was recently online searching the proposed legislation summaries and came across this proposal:

H.R.4597, Sponsor: Rep Cardin, Benjamin L.(introduced 4/25/2002), Latest Major Action: 5/2/2002 House committee/subcommittee actions. Status: Forwarded by Subcommittee to Full Committee by Voice Vote. Title: To prevent nonimmigrant aliens who are delinquent in child support payments from gaining entry into the United States.

How preposterous, some of these children who don't receive child support from these parents have the INS to blame. Their parent was here illegally, and instead of trying to keep families together and help to keep these children off of welfare, they deported the parent with no thought to the possibility that it would cause the parent left with the children to rely on government assistance. I am so sick and tired of this. They say they don't want aliens to get any means tested benefits, fine, why doesn't anyone draft a bill to keep these parents in this country to take care of their kids instead of deporting them and forcing those left to fend for themselves to have to rely on means tested benefits and only one parent.

It only takes an ounce of common sense.

Angela Barrera


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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