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Immigration Daily December 4, 2002
Previous Issues
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Editor's Comments

ILW.COM invites the submission of articles about immigration law from attorneys. Contributing an article is an effective way for an attorney to educate others in your particular area of expertise, while simulaneously increasing your name recognition before the public. Article submission is not limited to attorneys. Anyone who has dealt with immigration issues can share their experiences, share with others what has worked for him/her and warn others about what has not been useful. Please send submissions to editor@ilw.com.


ILW.COM Focus

Curriculum For Seminar On Consular/Visa Issues & Border Security

The curriculum for the new seminar on Consular/Visa Issues & Border Security is as follows:

FIRST Phone Session on December 17: Consular/Visa Application Issues

  1. Recent Changes in Consular Processing at Border Posts
    1. Changes to TCN Appointment System
    2. Amendment to the Automatic Revalidation Provision of 22 CFR 42.112(d)
    3. Procedures Followed if Visa Denied
    4. How to get back to U.S. if denied visa at Border Post
    5. Exceptions to 222(g)
  2. Security Checks and the accompanying Delays - Security Advisory Opinions (SAO)
    1. NCIC updated with over 7 million records (even simple offenses)
    2. Visa Condor Checks
    3. Technology Alert List
    4. IPASS
    5. Spot Checks of Visas
  3. Understanding the Revised and New Visa Application Forms
    1. DS-156
    2. DS-157
    3. DS-158
  4. Canadian Landed Immigrants from Commonwealth Countries
  5. Is Revalidation of Visas through DOS still an Option?

SECOND Phone Session on January 17: Inspection/Admission Border Security Issues

  1. Lookout Lists: CLASS, IBIS, CAPS, AIPS, NAILS, NCIC
  2. Special Registration - Designated Ports of Departure (POD)
  3. Data Sharing/Mining
  4. Entry/Exit Control
  5. Admissions under Advance Parole
  6. Automatic Visa Revalidation - 22 CFR 41.112(d)
  7. Student Commuters
  8. Proposed B Regulation including B-2 Prospective Student Notation
  9. Admission Mistakes
  10. AR-11 Issues

THIRD Phone Session on February 17: Summary of Visa/Inspection Issues with main focus on future Additional issues including Homeland Security Act of 2002

  1. Summary of Main Issues from the first two sessions
  2. GAO Study - Border Security
  3. Homeland Security Act
  4. Directorate of Border & Transportation Security
  5. Section 402
  6. Section 428 - Visa Issuance
  7. Section 429 - Visa Denials
  8. Immigration Enforcement Functions

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

Homeland Security Measure Becomes Law
Cyrus D. Mehta writes about the Homeland Security Act and its immigration law related provisions.


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/

Immigration Law News

DOL Dismisses H-2A Matter
In the Matter of Kona Coffee Bean Processors, No. 2003-TLC-00001 (OALJ, Nov. 26, 2002), the Office of Administrative Law Judges dismissed the H-2A case pursuant to the employer's motion to withdraw its appeal.

DOS Designates Foreign Terrorist Organizations
The Office of the Coordinator for Counterterrorism issued a notice stating "the Deputy Secretary of State hereby amends the 2001 redesignation of the Kurdistan Workers' Party (PKK and other aliases) as a "foreign terrorist organization" and to add the following names as aliases of the PKK: Kurdistan Freedom and Democracy Congress, Freedom and Democracy Congress of Kurdistan, and KADEK, effective December 3, 2002."

INS Seeks Comments
The INS sought comments on the INS case status service online (File No. OMB-33) and provided a 30-day notice of information collection under review.

Actual Text Of DOJ FY 02' Appropriations Act
The actual text of H.R. 2215, an Act to authorize appropriations for the Department of Justice for fiscal year 2002 is now available.

VWPP Deportation Review Waived By I-94W Form
In US v. Abiola, No. 02-4436 (4th Cir. Dec. 3, 2002), the court said that the Defendant could not collaterally attack his prior deportation order under the VWPP because he could not show that it was obtained under conditions that were fundamentally unfair since he validly waived his right to review of the INS's determination of his deportability since the I-94W form includes a waiver of rights, and since he reads, speaks and understands English.

Transportation Through Hot Texas Brush Is Reckless Endangerment
In US v. Garcia-Guerrero, No. 02-40108 (5th Cir. Dec. 2, 2002), the court held that Defendant engaged in conduct that placed the aliens he was transporting in substantial risk of death or serious bodily injury for the purposes of sentence enhancement when he transported aliens through the hot South Texas brush in the heat of summer with inadequate water and food.

District Courts Cannot Vacate Convictions On Solely Equitable Grounds
In US v. Bravo-Diaz, No. 02-50031 (9th Cir. Dec. 3, 2002), the court held that District Courts do not have jurisdiction under the All Writs Act to vacate convictions on solely equitable grounds and said that vacation of a conviction on the ground that a federal court thinks it is unfair that an alien will be deported as a result of that conviction usurps the power of Congress to set naturalization and deportation standards and the power of the INS to administer those standards in each individual case.

Immigration Attorney Says He Was Victimized By Scam Artist
The Washington Post reports "Attorneys for Samuel G. Kooritzky, an Arlington immigration lawyer accused by federal authorities of multimillion-dollar fraud, said yesterday their client was victimized by a "scam artist" who forged signatures and documents without Kooritzky's knowledge."


Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info: http://www.ilw.com/membership/

Classifieds

Labor Certification Advertising
Are you satisfied with how you currently handle your labor certification advertising? Do you want to save time and reduce expenses and also eliminate the headaches of dealing with media ad reps, collection issues, tearsheets and other related documentation? Let ADNET handle the complete labor certification advertising process for you. You will receive the same unparalleled customer service whether you place one ad a year or thousands - leading immigration law firms and attorneys have solved their advertising problems by letting ADNET handle their labor certification advertising needs from beginning to end. Our dedicated staff consists of experienced professionals who are intimately familiar with the Department of Labors' requirements and restrictions with regard to: media selection, text abbreviations, deadlines, three-day consecutive runs, ad responses, tear-sheet urgency and matters arising from placement, follow-up, and documentation of labor certification ads. Based in New York City, ADNET is equipped to handle ad placement for any print media throughout the United States. For more information, please email us at: information@adnet-nyc.com or call us at: 212-587-3164.

Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (80+ attorneys), seeks an Immigration Legal Assistant to work as a part of its Immigration, Nationality & Consular Practice Group team. Experience is desired in the following areas: employment-based IV (including EB-1, EB-2, EB-3), NIV (including E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, adjustment of status, consular processing, I-9 compliance/employer sanctions, and litigation. A college degree and 1+ years of experience are required. The ideal candidate will possess superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of Immigration Law in a fast-paced, collegial setting with all the resources of a large law firm. We offer an excellent salary/benefits package. If you enjoy challenging work with direct client contact and are equally passionate about the field of Immigration Law, we want to hear from you. Send resume and salary requirements in confidence to: Ms. Maura Bowen, Human Resource Manager, Shulman, Rogers, Gandal, Pordy & Ecker, P.A. 11921 Rockville Pike, Third Floor, Rockville, MD 20852 via either fax at: (301) 230-2891 or via email at: mbowen@srgpe.com. For more information, please visit our website: www.srgpe.com.

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'm a US export control lawyer, and I'm really enjoying the ILW.COM website and publications. As an export control lawyer, I deal with issues relative to the release of controlled technologies in the US to foreign nationals. I've read a number of great pieces on your site addressing various immigration aspects of the new NSEERS program, which identify the shortcomings of the program. None of the articles I have seen, however, discuss related issues of a national security nature which tie into the NSEERS program, such as those involving technology release to foreign nationals (e.g., "deemed exports" as they are commonly called), or laws which require US companies to screen foreign nationals for terrorism and proliferation related concerns prior to employment. As I see it, the US government is actually helping companies out via the various security checks being conducted at the US consulates and prior to entry, at least as far as those companies' other US legal obligations are concerned.. Would you be interested in receiving an article addressing these issues from the export control (i.e., deemed export perspective), and if so, what are your requirements?

Russell W. Spittler, Esq.
The Export Law Group

Editor's Note: ILW.COM invites the submission of articles about immigration law from attorneys. Please send submissions to editor@ilw.com.

Dear Editor:
Please tell the appropriate editor that the December 3, 2002 Immigration Daily issue regarding the Department Of State technical correction to final rule states that "child" is substituted for "orphan". The rule actually removes "child" and adds "orphan" in its place. By the way, I find Immigration Daily informative.

Denise C. Hammond, Esq.
North Potomac, MD

Editor's Note: ILW.COM thanks Ms. Hammond, Esq., an alert reader, for pointing out our error.

Dear Editor:
Your web pages are not opening at all. Please let me know.

Lhakpa
Independent Monitoring Board
Chicago, Illinois

Editor's Note: You probably have an old version of Netscape Navigator. We recently redesigned our site, and you may want to upgrade to a newer version of Internet Explorer (or Netscape Navigator) to use all the features of the site.


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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