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Immigration Daily January 22, 2003
Previous Issues
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Editor's Comments

In today's Featured Article "Time For A Change: Why A Points System Should Replace Family Immigration", Gary Endelman writes about the failure of the 1986 IRCA amnesty "Amnesty rewards and encourages those who violate our immigration laws ... one amnesty program is never enough; it always leads to another one somewhere down the road." About the root cause of the failure of the 1986 amnesty, he says "Illegal immigration remained unchecked because legal immigration remained out of balance. One cannot be solved without the other. IRCA sought only to punish the employers of the undocumented, but did nothing to rationalize the legal immigration system in an efficient and humane manner." Speaking of family immigration, he says " ... any limits that divide the nuclear family are inhumane and must be immediately scrapped. There should be no reason why the families of legal permanent residents are kept apart any longer than the families of American citizens. They should be treated precisely the same. Not to do so, to tolerate the present family-based immigration system is an affront to the human dignity of those who wait and those who keep them separated ... At the same time, once we make the nuclear family sacrosanct, America must take the next step and abolish all other forms of family immigration as well as the diversity visa lottery." He calls for a point system to replace the family immigration system.


ILW.COM Focus

H-1B Seminar Will Focus On Achieving Consistency Between H-1B And Permanent Residency

The January session of "Cutting-Edge Topics In H-1B Practice" will focus on achieving consistency between H-1B and permanent residency. The curriculum for this session is as follows:

  • Holistically planning the case from H-1B to Permanent Residency
  • Ethical issues arising out of dual representation and what to do when a conflict arises
  • Achieving consistency in work experience equivalencies for H-1Bs and EB-3s
  • Prevailing wage issues in the H-1B and Labor Certification
  • 7th year H-1B extensions vs. concurrent filing of I-140 and I-1485
  • Maintaining H-1B status vs. AOS portability with an EAD

The deadline to sign up is Sunday, January 26th.

For more info, including registration information online, click here.
For more info, including registration information by fax, click here.


Featured Article

Time For A Change: Why A Points System Should Replace Family Immigration
Gary Endelman writes why a points system for essential workers is not only the best way to legalize the undocumented, but also to reform the legal immigration system.


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

US/Canada FAST Commercial Driver Program
Beginning in November 2002, commercial truck drivers who transport goods across U.S./Canadian border may apply for membership in the Free and Secure Trade (FAST) Commercial Driver program. Click here for the (Form I-823F)FAST Commercial Driver Application and Accompanying Instructions (Form I-823FInstr) .

US Ambassador To India Speaks On Overall Visa Issuance Rate For India
US Ambassador to India Blackwill during remarks to the Alumni of the Indian Institute of Technology said, "Although there have been some delays in visa processing since 9/11, for the vast majority of applicants from India new security measures should have no effect on either their ability to qualify for a visa, or the time it takes to have it issued."

8th Circuit Holds That "Good Moral Character" Determination, Including That Made Under The Catchall Provisions Is Reviewable
In Ikenokwalu-White v. INS, No. 02-1264 (8th Cir. Jan. 21, 2003), the court held that the determination that an alien has failed to establish good moral character under the catchall provision of Section 1101(f) is a nondiscretionary, reviewable determination.

Immigration Attorneys Hail 9th Circuit Decision
The Arizona Daily Star reports "[San Francisco] Bay-area immigration attorneys are hailing a recent federal appeals court ruling that would allow immigrants to reopen their deportation cases if they argue that they missed their own hearing because the notice was lost in the mail."

UPL In Florida
The Miami Herald reports on the unlicensed practice of law in Florida including by a Miami Church saying "Church representatives have signed a number of cease-and-desist affidavits in which they admit no wrongdoing, but swear not to [practice law]."


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

Web Technology For Immigration Attorneys
INS Experts is offering its services to law firms interested in establishing a visible presence online and specializing in US Immigration Law. INS Experts possesses the technology to enable organizations to create Immigration modules integral with each law firm's unique look and feel, as well as handle the e-mail and phone based customer. The cost of setting up this technology is minimal and the time required for implementation is a few months. Law firms focused on employment-based immigration or family-based immigration can utilize the INS Experts technology to prepare the INS applications without the need to hire additional paralegals for this service. Law firms can either offer this service directly to their clients through their internet/ intranet sites, or their internal staff can use the INS Experts site to prepare the applications. Your clients will benefit from our technology which appears on your website. Law firms can break away from the traditional, paper oriented, and change resistant image of the immigration law industry. For further information, visit our website: http://www.insexperts.com or if you have any questions, please contact: Puneet S. Parmar, Director of Business Development, INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070, Phone: 408-517-4212, Fax: 408-446-0771, Email: Puneet.Parmar@insexperts.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 want to thank ILW.COM from the bottom of my heart for doing such a wonderful and very much appreaciated job by issuing ILW.COM publications on the Internet. Best to ILW.COM from all of us who read and benefit from it considerably!

Lolita Zukauskaite

Dear Editor:
Very little has been said about the problem of the unauthorized practice of law in the immigration context. Even before 9/11, the practice was widespread and had obvious and severe negative repercussions on the unknowing alien. Most people think unauthorized practitioners take business away from true lawyers. What many do not realize is that unauthorized practitioners refer cases to true lawyers, with the true lawyers making court appearances with the alien, and with the true lawyers knowing full well that they are aiding and abetting the unauthorized practice of law. A case has recently come down from the Review Department of the State Bar Court of California. "In re Valinoti" (2002 WL 31907316 (Cal.Bar Ct.), 2003 Daily Journal D.A.R. 167), which discusses this practice at length and the negative repercussions this had on the multitude aliens who believed they had an attorney they could rely on. I hope you pass this information on so that your readers might be able to tell the difference between diligent attorneys and charlatans, and to put on notice those who associate with non-attorneys that they put themselves, their clients, and their bar license at risk.

Name Not Supplied

Dear Editor:
Mr. John Frecker, in his letter rebutting Justin said the Southern Poverty Law Center (SPL) "linked" Rep. Tom Tancredo to "neo-Nazi and other Immigrant hate groups." In fact, Mr. Tancredo linked himself to hate groups when he allowed his web site to be linked to the American Patrol. The SPL has designated the American Patrol as a hate group and noted that Tancredo's caucus website carried "a prominent link to an outfit called American Patrol - a racist hate group run by Californian Glenn Spencer. With a tip of the hat to Tancredo and the other legislators who have helped to provide him legitimacy, Spencer recently deleted from his website the image of a cartoon figure urinating on a Latino Presidential Medal of Freedom recipient." Perhaps Mr. Frecker, a retired member of the US Border Patrol, would like to defend Mr. Spencer and his group. We should probably all note that the SPL Center is a civil rights law firm and if they overstep in designating "hate groups" they are always open to lawsuits.

Dave Anderson

Dear Editor:
I would like to draw everyone's attention to NAFTA and the TN Work Visa, offering a pre-primer or re-primer of sorts. Although a citizen of Canada or Mexico will not qualify for the TN where the purpose is self-employment, it was recently brought to my attention that the INS interprets self-employment to include "any" ownership interest in the employing entity, with no de minimis rule. It is my understanding that many TN holders, and even some immigration practitioners, are not aware of this interpretation guidance, and all may be in for a nasty surprise when it comes time to renew the TN. Much has changed since the terror attacks of 2001, and continues to do so in their ongoing aftermath, with continued threats and a general climate of very heightened awareness and concern. We have already seen renewed and novel enforcements, such as the AR-11 Change of Address reporting requirements and the widespread registration requirements for various and assorted "non-US citizens". It comes, then, as no surprise, to see enhancements in other aspects of immigration law and procedure, especially with the impending amalgamation of the INS and many other entities into the Department of Homeland Security, and perhaps some concern for job security on the part of the personnel to be affected by this amalgamation. I do not practice immigration law, and am therefore not widely knowledgeable in the area. However, we all know for a fact that there is much more vigilance, dotting of "I"s, and crossing of "T"s when it comes to crossing the US border, from anywhere. While it is quite possible that Canadians and Mexicans who might arguably fall, or appear to fall, into the self-employment category may have slipped through the system before, they would be well-advised to seek-out competent and knowledgeable immigration counsel and fully consider other types of work Visa that might be available to them as citizens of these countries.

Ekundayo George, Esq.
Hackensack, NJ


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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