Immigration-related responsibilities in the new shape of the federal
government appear to be as follows:
The above is most certainly a complex structure, reflecting in some degree,
the complexity of the subject of immigration itself. Whatever other inferences
can be drawn from this complexity, one thing appears crystal clear: this
complexity is good news for immigration lawyers. Our informal understanding
of the cases filed for immigration benefits is that the majority of cases,
perhaps a significant majority, are filed without assistance of counsel.
Often times, this is not for economic reasons; many perceive the immigration process to
be simple, even when it is not. This is particularly true for family-based
immigration. With increased complexity in immigration procedure as the
future of the Homeland Security Department unfolds, it is likely that a
larger percentage of family-based immigration cases will be filed with
assistance of counsel than has hitherto been the norm.
- Department of Homeland Security - Bureau of Transportation Security, Bureau of Citizenship/Immigration Services
- Department of State - Consular Affairs, Educational/Cultural Affairs, Population/Refugees/Migration
- Department of Labor - Employment Training Administration, Employment Standards Administration
- Department of Justice - Executive Office for Immigration Review, Office of Immigration Litigation, Office of Special Counsel, Office of Special Investigation
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H-1B Series: The Labor Condition Application - Part 7
George N. Lester IV continues a discussion of the labor condition application.
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Immigration Law News
INS Releases Official SEVIS School Official User Manual: F & M Students
The INS released the Official School and Exchange Visitor Information System (SEVIS) School Official User Manual: F & M Students for academic officials to timely report and monitor international students and visitors in the US.
The INS Communique's April and May issues are now available. The INS April Communique contains information on Ziglar's establishment of a program management office to implement an entry-exit program and on how improved information-sharing with the FBI, has allowed the marshals service to take a bite out of crime. To read about Ziglar's new bi-national border safety measures for the world's busiest port, check out the INS May Communique.
INS Expands Registration Requirements By 13 Countries
The INS issued a notice requiring nonimmigrant aliens from Iran, Iraq, Libya, North Korea, Sudan, and
Syria and Afghanistan, Algeria, Bahrain,
Eritrea, Lebanon, Morocco, North Korea, Oman, Qatar, Somalia, Tunisia,
United Arab Emirates, and Yemen to appear
before, register with, and provide requested information to the
Immigration and Naturalization Service on or before January 10, 2003.
GAO Report Finds Elimination of Visa Waiver Program Could Affect Global Relations & US Tourism
The General Accounting Office (GAO) reviewed the Visa Waiver Program, including the process for assessing countries' eligibility to participate in the program and the implications of the program's elimination. The GAO concludes that the impact on US national security of eliminating the Visa Waiver Program is difficult to determine but that US tourism and US global relations will certainly be affected.
Senate Passes Iraqi Scientists Immigration Bill
The Senate passed the Iraqi Scientists Immigration Act of 2002.
GAO Report Concludes INS Can't Locate Aliens Because Of Unreliable Records
The General Accounting Office (GAO) addresses issues related to the reliability of INS's alien address information. The GAO recommends that the INS publicize the change of address notification requirements and establish corresponding procedures and controls.
Virginia AG Memo Urges Educators To Turn In Undocumented
The Assistant Attorney General of the state of Virginia sent a memorandum to institutions of higher education in Virginia urging public employees in higher education to turn in undocumented immigrants to the INS. (Courtesy of Dan Kowalski, Editor-in-Chief of Bender's Immigration Bulletin.)
Court Finds No Abuse Of Discretion By BIA
In Huang v. INS, No. 02-1601 (4th Cir. Nov. 22, 2002), the court said that its review of the record disclosed that the Board of
Immigration Appeals did not abuse its discretion denying Petitioner's
motion to reopen.
Fraudulently Obtained J-1 Visa Is Subject To 212(e) Residency Requirement
In Espejo v. INS, No. 01-71568 (9th Cir. Nov. 22, 2002), the court found that the Board of Immigration Appeals was reasonable and
correct in denying Petitioner's petition alleging that the 212(e) foreign
residence requirement did not apply to him since he procured his J-1 Visa
Hostage Taking In Alien Smuggling, Aliens Are More Vulnerable Than Others
Held For Ransom
In US v. Sierra-Velasquez, No. 00-50749 (9th Cir. Nov. 22, 2002), the court found that hostage taking in the alien smuggling context occurred
in this case since the defendants held the aliens in a manner not
contemplated in the alien smuggling agreement, they threatened to kill the
aliens, and made payment demands of the aliens' families; and found that
the two level enhancement for victim vulnerability was proper since aliens
who want to enter the country illegally and are dependent on their
smugglers for entry are more vulnerable than other categories of persons
who may be held for ransom.
IJ's Shortcut Is A Mistake Prejudicing Asylum Petition
In Cano-Merida v. INS, No. 01-71423 (9th Cir. Nov. 22, 2002), the court held that the Petitioner was denied a meaningful opportunity to
present his asylum application since the Immigration Judge (IJ) pressured
him to drop his asylum claim before any significant exploration of all
relevant facts had occurred despite the IJ's duty to fully develop the
record when the Petitioner appeared pro se, and since the IJ made decisions
indicating that he, the IJ, was not interested in formally hearing evidence
or adequately explaining hearing procedures (including admitting a country
report into evidence without allowing Petitioner a meaningful opportunity
to review or object to the report, and not discussing with Petitioner his
option to appeal), and since prejudice was demonstrated by Petitioner being
denied an opportunity to present oral testimony before the IJ or the Board
of Immigration Appeals with his motion to reopen.
Border Patrol Beacons For Migrants In Distress
The Tuscon Citizen reports "The U.S. Border Patrol has authorized a public
service announcement about its eight rescue beacons, which are designed to
curb the number of heat-related deaths in the desert."
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Help Wanted: Experienced Immigration Attorney
Cyrus D. Mehta & Associates, PLLC, a recognized New York-based
law firm, is seeking to hire an experienced immigration associate who is
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deportation areas. You must have gained between three to five years of
experience in immigration law, have very strong writing skills, be a
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involvement in bar associations, publishing articles or speaking at
seminars. You would also have developed client relations, managed a
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ally with a highly motivated principal attorney who is passionate about
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minded attorneys and paralegal staff. Membership in the New York state
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Do you place labor certification advertisements on behalf of your
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You can leave the worrying to us.
Reduction in Recruitment (RIR) Advertisements:
We will help you establish a recruitment pattern that is acceptable to the
Department of Labor (DOL). Simply describe your advertisement needs to us,
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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
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New York, NY
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