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Immigration Daily

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Immigration Daily December 5, 2002
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Editor's Comments

The Child Status Protection Act (CSPA) enacted earlier this year was intended by Congress to effect a liberalizing for immigration of children. Despite the intent, the actual language, and its integration with existing application of immigration law, has created confusion for immigration practitioners. ILW.COM has carried articles and INS correspondence to help shed light on the uncertainties and ambiguities in the CSPA. Given CSPA's importance to immigration practice, three different ILW.COM seminars have addressed different aspects of the CSPA in recent months - the seminar led by Angelo Paparelli addressed CSPA in the employment immigration context, the seminar led by Ron Klasko and Tammy Fox Isicoff addressed CSPA's cross-agency issues, and the seminar led by Jacqueline Baronian addressed CSPA in the family immigration context. Today's Immigration Daily issue features an article by noted immigration attorney Pravinchandra J. Patel who presents a section-by-section analysis of the CSPA. Mr. Patel, the author of four books on immigration law, has written for immigration attorneys for over two decades. We trust practitioners will find his article helpful.


Seminar On H-1B Adjudications At INS Service Centers

The second session of ILW.COM's seminar on "Cutting-Edge Topics In H-1B Practice" will cover H-1B adjudications at each INS service center. The curriculum is as follows:

SECOND Phone Session on December 19: H-1B Adjudications at INS Service Centers

  • Responding to the dreaded RFE
  • Problematic Occupations: Marketing Analyst, Nurse Supervisor, etc.
  • Best practices for obtaining a credential evaluation
  • AC21 portability and gaps in employment
  • Representing the terminated H-1B employee in maintaining status
  • Representing the H-1B employer in financial difficulty
  • Tolling 6 year limit for time not spent in the US

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

Featured Article

The Child Status Protection Act
Pravinchandra J. Patel provides a detailed analytical overview of all 8 sections of the Child Status Protection Act, along with specific examples illustrating the statute's application.

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:

Immigration Law News

DOL Dismisses Alien's Untimely Appeal In LCA Matter
In the Matter of Kedar Dhopeshwarker, No. 2002-LCA-16 (OALJ, Nov. 20, 2002), the Office of Administrative Law Judges dismissed the case pursuant to the DOL's Motion For Reconsideration and agreed with the DOL that the OALJ lacked jurisdiction to consider an untimely appeal by the alien under the regulations implementing 212(n).

INS Releases New Sections Of Final 2001 Statistical Yearbook
The INS released two additional sections: Enforcement and Immigrants, that will be included in the final edition of the 2001 Statistical Year Book. The Immigrants section (71 pps.) presents interesting statistics on those that come to the US for permanent residence, including those arriving with that status and those adjusting to permanent resident status after entry. The Enforcement section (43 pps.) provides information about actions taken by the INS to prevent illegal entry in the US and to apprehend and remove deportable aliens from the US.

Concession Of Excludability To Change Venue Relieves INS Of Burden Of Proof
In Selimi v. INS, No. 01-1608 (7th Cir. Dec. 4, 2002), the court held that Petitioner, a returning permanent resident, was properly placed in exclusion rather than deportation proceedings since he accompanied his wife and cousin back to the US knowing that they were attempting to enter the country illegally, thus meaningfully interrupting his residence, and held that when Petitioner, through his attorney, conceded excludability to facilitate a move of venue from the entry port of New York to Chicago, which was closer to Petitioner and his attorney, he thereby relieved INS of the burden of proving excludability, and that INS's avowed intent to ask for a return of the case to New York if he withdrew his concession did not render involuntary his decision not to contest excludability, and held that since he encouraged and assisted his cousin's attempted entry along with that of his wife and children, the Board of Immigration Appeals did not err in finding him ineligible for a 212(d)(11) waiver.

Removal On Grounds Of Foreign Conviction Possession Of Controlled Substance Is Not Reviewable
In Li v. Ashcroft, No. 01-9546 (10th Cir. Dec. 3, 2002), the court said that it had no jurisdiction to review Petitioner's final order of removal since he was convicted of possession of a controlled substance in Taiwan.

Recidivism Considerations Require Enhancement For Every Offense, Not Just Those In Original Indictment Nor Just Those Most Recent
In US v. Soto-Ornelas, No. 01-6411 (10th Cir. Dec. 3, 2002), the court said that the Supreme Court's decision in Almendarez-Torres explcitly referred to the sentencing judge to take into account an offender's prior record in every case, not just the immediately preceding offense prior to illegally reentry after deportation following an aggravated felony.

Court Cites INS Officials For Contempt
The Arizona Republic reports "Three top Immigration and Naturalization Service officials in Arizona were cited for contempt Monday after they failed to answer a subpoena in a dispute over the treatment of a Guatemalan teenager."

More Enforcement Leads To More Illegal Immigration
An opinion column in the Tuscon Citizen says enhanced border enforcement cause more, not less, illegal immigration.

Mexican Ambassador Says Massive Movement Of People Is Fact Of Life
Writing in the Baltimore Sun, and reproduced in Newsday, Mexico's ambassador to the US says "The massive movement of people across our border is a fact of life. Many Mexicans come to this country looking for economic opportunities that they cannot yet find at home, while many labor-short U.S. companies find the workers they need to grow in Mexico's law-abiding and hard-working migrants."

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:


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: 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: For more information, please visit our website:

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:
Does anybody know about the suspension of adjustment of status? Today one old lady visited the INS office in Salt Lake City to adjust her status to permanent resident. She was told that everything is okay but adjustments of status are temporary suspended. So go home and wait until further notice. What is going on?

Salt Lake City, UT

Dear Editor:
I just want to report as someone did once before that I also get bounced out of Netscape when I try to access one of your links. I don't have an old version of Netscape - I have 4.7. Have you looked into this problem?

Bedford, MA

Editor's Note: ILW.COM is fully compatible with MS Internet Explorer 5.x and above. However, users of Netscape Navigator 6.x and above should also be able to view most of our content (there was no Netscape 5.x release). Web surfers using Netscape Navigator 4.x, however, will experience problems with our newly redesigned website. We understand that Netscape 4.5 is the base for all "point releases" of Netscape 4.x after 4.5, including 4.7. Netscape 4.5 was released around end-1998. We urge those of you who have older versions of Netscape to upgrade to MS Internet Explorer (or to later versions of Netscape Navigator).

Dear Editor:
I, the undersigned Mehdi Ghafooian, am 24-years old and suffer from a hearing deficiency. I am a graduate of the Nursing-School of Tehran University with a B.A. degree. I have also passed a computer-operating exam. I can speak both English and Arabic very well. Will you please be kind enough to inform me about university courses and job opportunities in hospitals or even other jobs. Would you please let me know more about job opportunities that the association for the deaf in your country provide to the deaf such as me?

Mehdi Ghafooian

Editor's Note: ILW.COM encourages our readers to submit letters to the editor. Letters related to matters such as the above should be posted on our discussion board.

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 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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