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Immigration Daily May 20, 2003
Previous Issues
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Editor's Comments

Important Seminar

We are pleased to bring to our readers' attention an important seminar on Adjustment of Status. This is a critical and perennially important part of the immigration process which has become unexpectedly and surprisingly complex. This comprehensive seminar will be useful to experienced practitioners and paralegals alike, with helpful strategic and practical tips. Recent developments in this area involve concurrent processing, portability, work and travel, status violations and the infuriatingly complex Child Status Protection Act. Being on the cutting edge will give you a competitive edge - just one case justifies the cost. The seminar includes an in-depth Q&A period where you can pose questions regarding your cases to the panel. This seminar is also a great training tool for the entire law firm staff (one registration covers everyone sharing a speakerphone). A word about the panel: Ron Klasko is one of the most popular speakers on immigration law in the country and will generously share his wisdom and experience with you. Joining him is Tammy Fox-Isicoff, who is an accomplished lawyer, and an energetic and dynamic speaker. The seminar is offered by phone, so law offices around the country can participate. The deadline to register is Wednesday, May 21st. For more info, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:


Deadline Is Wednesday, May 21st!

Wednesday, May 21st, is the deadline to sign up for "Advanced Issues In Adjustment Of Status" with H. Ronald Klasko and Tammy Fox-Isicoff. The following is the curriculum for this seminar series

FIRST Phone Session on May 27:

  1. Choosing Adjustment of Status or Consular Processing -- the best of two evils
    • who's eligible to adjust?
    • when consul processing is the best choice
    • impact of 3 and 10 year bars
    • changing from adjustment to consul processing
    • jurisdiction issues

  2. Adjustment of Status for status violators -- the search for statutory exceptions
    • failure to maintain status before and after filing
    • unauthorized employment
    • impact of layoffs and lapses of employment
    • discretionary adjustment
    • impact of failure to do special registration
    • impact of leaving and returning
    • 245(c)(2), 245(c)(7), 245(c)(8), 245(k)
    • 245(i) grandfathering -- resolved and unresolved issues

SECOND Phone Session on June 24:

  1. Concurrent Processing -- is it always the best alternative?
    • advantages and disadvantages
    • strategy decisions

  2. Actions subsequent to filing -- strategies for work and travel
    • extending nonimmigrant status or EAD
    • travel with H or L visa or advance parole
    • travel by derivatives
    • extension of nonimmigrant status by parolee

  3. Adjustment Portability -- entering The Twilight Zone
    • applicability to aliens who leave before 180 days
    • impact of employer revocation of petition
    • applicability to concurrent processing
    • impact of prevailing wage and employer financial ability issues
    • applicability to multinational managers
    • applicability to part-time employment
    • strategies for proving "similar occupation"
    • applicability to consular processing
    • responding to RFEs

THIRD Phone Session on July 23:

  1. Child Status Protection Act -- strategies to protect your children
    • issues regarding BCIS and DOS implementation
    • effective date issues
    • concurrent processing issues
    • protecting following to join children
    • adjustment of status vs. consul processing
    • unresolved issues and open questions
    • attorney strategy and due diligence issues

  2. Adjustment of status of special classes -- the search for alternatives
    • exchange visitors with two year return requirements
    • fiances who don't marry
    • after-acquired spouses
    • conditional resident investors
    • immigrants
    • national interest waiver doctors
    • asylees adjusting through family or employment
    • upgraded and downgraded family member
    • adjustment without petitions

  3. Hot Topics -- What's Behind Door Number 3?
    • impact of DHS
    • new security screening: will adjustment and consular processing slow to a halt?
    • predicting the unpredictable

For more info on this phone seminar series, including detailed curriculum, speaker bios, and registration information, please see: For the fax version, please see:

Featured Article

Supreme Court Upholds Mandatory Detention Statute, Reverses Ninth Circuit
Christina LaBrie writes "In reversing the decision of the US Court of Appeals for the Ninth Circuit, the Supreme Court found that mandatory detention, as required by Section 236(c) of the Immigration and Nationality Act (INA), is a "constitutionally permissible" part of removal proceedings."

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

DHS Releases US-VISIT Fact Sheet
The Department of Homeland Security (DHS) released a fact sheet on the US-VISIT Progam, United States Visitor and Immigrant Status Indicator Technology, the Department's automated entry/exit system, which according to the DHS will expedite legitimate travelers, while making it more difficult for those intending to do us harm to enter our nation.

UnderSecretary Hutchinson Explains How US-VISIT Program Will Work
Undersecretary Hutchinson in a prepared statement said, "Incomplete information will no longer be good enough. In 99.9 percent of the cases, the visitor will simply be wished a good day and sent on their way. But with that small percentage of "hits," our country will be made much safer, and our immigration system will be given a foundation of integrity that has been lacking for too long."

Persecution On Account Of Imputed Membership Falls Within INA Refugee Definition
In Amanfi v. Ashcroft, No. 01-4477 and 02-1541 (3rd Cir. May. 16, 2003), the court held that the Board of Immigration Appeal's (BIA) improperly deviated from its existing interpretation of the INA definition of a refugee when it was unwilling to extend the concept to Petitioner's theory of imputed membership in a social group (homosexuals) because it deemed such an extension to be without legal precedent.

9th Circuit Directs INS To Produce Classified Evidence Used To Support Factual Findings
In Singh v. INS, No. 02-71311 (9th Cir. May. 16, 2003), the court said that "When we are denied access to the data informing the Immigration Judge's factual findings, which the Board of Immigration Appeals (BIA) has made its own, we are unable to perform our statutory duty."

Citizenship Procured By Fraud May Be Revoked Many Years After Naturalization Fraud Conviction
In US v. Inocencio, No. 02-10288 (9th Cir. May. 19, 2003), the court said that "Depriving Defendant of his fraudulently acquired privilege, even after the lapse of many years, was not so unreasonable as to constitute a denial of due process."

Escaped Ugandan Child Soldier Is Member Of Particular Social Group
In US v. Lukwago, No. 02-1812 (3rd Cir. May. 16, 2003), the court amended its May 14, 2003 opinion where it remanded for reconsideration by the Board of Immigration Appeals (BIA) the Petitioner's claim for asylum based on a well-founded fear of persecution in the future by the Lord's Resistance Army (LRA) in Uganda because the class of former child soldiers who had escaped from the LRA fit within the statutory definition of a "particular social group", since there was evidence that the class may be in more danger from the LRA than the general population in Uganda. held Case Summary

Immigrant Smuggling Operation Is Act Of Organized Crime
The Atlanta-Journal Constitution reports "Investigators believe a smuggling operation in which 19 illegal immigrants died after being packed into a sweltering trailer with dozens of other people is part of a larger organization, a federal prosecutor said."

Mexico's State-Owned Oil Monopoly Linked To Immigration Pact
The Washington Times reports "The House International Relations Committee passed a non-binding "sense of Congress" resolution earlier this month calling for the opening of the notoriously inefficient Petroleos de Mexico, popularly known as Pemex, to foreign investment as a necessary condition for an immigration deal."

NY Mayor Bloomberg Says Make All Undocumented US Citizens
New York Newsday reports Mayor Michael Bloomberg said, "Make everyone who is here and undocumented, just make them citizens," Bloomberg said on WABC (770-AM). "Let's get on with it. They'll become taxpayers. They'll become productive members of society easier..."

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Letters to the Editor

Dear Editor:
In the wake of the latest terrorist attacks, al-Quaida is plotting to send operatives to the US mainland to plan new attacks, as the following article from Newsmax describes ( The article states that "reconnaissance scouts sent by al-Qaida to the U.S. mainland have been intercepted and detained, according to the Associated Press." These successful interdiction of suspect terrorists don't make the daily news because they go on behind the scene, thus showing the effectiveness of our war against terrorism on the homefront. However, it's scary that al-Quaida and other terrorist organizations are still doing whatever they can, including slipping people through our ports, to kill more of us. That's why more and more Americans welcome special registration or other BCIS effort to especially scrutinize Islamic male visitors. It's simply common sense. It's not racist to single out this specific group of people, contrary to the glib-ACLU-civil-liberties argument thrown out on ILW.COM by various writers. By the way, to some naysayers on ILW.COM who complain that WorldNetDaily and Newsmax are "right-wing" sites, these sites simply report what intelligence experts and officials are saying, including on mainstream respectable shows such as "Face the Nation", or reported by the AP. Also, as columnist Michelle Malkin reported, the National Security Entry-Exit Registration System has "has stopped 330 known foreign criminals and nearly a dozen known terrorists from entering the country." Wow. Good job. I would never have known this if I didn't have another immigration news outlet besides ILW.COM. Looks like special registration was and is working beautifully. On ILW.COM, though, it seems as if the sky is falling and in the near future we'll all be living in concentration camps overseen by Camp-meister Ashcroft.

Liem Doan, Esq.

Editor's Note: Immigration Daily has carried links to various WorldNet Daily items from time to time.

Dear Editor:
I have been reading with great interest Marian Smith's articles on Race, Nationality, and the Immigration laws. This issue is of great interest to me. I am the author of Race, The Immigration Laws, and Domestic Race Relations: A "Magic Mirror" into the Heart of Darkness, 73 Indiana Law Journal 1111 (1998) and currently am working on a book under contract with Temple University Press on race, immigration law, and civil rights. Thanks for running the Smith series and highlighting this important aspect of our immigration history.

Kevin R. Johnson, Associate Dean for Academic Affairs & Professor of Law and Chicana/o Studies
UC Davis

Dear Editor:
The following press release was released by the National Immigration Forum.

The announcement by Under Secretary Asa Hutchison of the Department of Homeland Security (DHS) this morning (Monday), provided more details on the "U.S.-VISIT" (United States Visitor and Immigrant Status Indicator Technology) Program. Essentially, this is the phased implementation of policies enacted by Congress, including the Enhanced Border Security and Visa Entry Reform Act of 2002, to register those entering and exiting the country. The National Immigration Forum, a pro-immigrant advocacy organization which supported the 2002 law, said today that the announcement signaled several good steps being taken by the DHS, but that it raises some concerns, as well. "Clearly, we need to know who is entering our country, who is here, and who has left," said Angela Kelley, Deputy Director of the National Immigration Forum. "That is a basic first step in national security and will help DHS with the difficult task of targeting those few immigrants and foreign travelers who might seek to do us harm as compared to the millions who come here to build us up and contribute to America." Kelley's organization praised DHS for moving towards a program that applies to foreign visitors, students, travelers, and immigrants across the board, and not just to certain immigrants from certain countries. "It must be even-handed in its application and not single out certain communities," Kelley said Kelley underscored the need for an accurate, timely, and fully-funded effort to implement the ambitious plan. With 30 million non-immigrant entries into the country each year, 23 million of them with visas, sorting the information gathered upon entry and exit and making sure it is accurate will be the greatest challenge facing the program. "The data they collect and share with our nation's gatekeepers must be accurate and on-time," Kelley said. "If every Jose Lopez or Omar Said is tripped up by the system because one Jose Lopez or one Omar Said is on a watch list, we could be in for a disaster. The INS had a horrible track-record on such matters; let's hope the DHS does better." "Furthermore, unless we do something to allow the millions of undocumented immigrants to come out of the shadows, we will never be able to say we have a handle on our borders," Kelley pointed out. "Practically, mass deportation is not possible, nor remotely desirable. Politically, convincing the American people and Congress of the need to give these hard working immigrants without papers a path towards legal status and citizenship is challenging. Policy-wise, however, it is essential."

Douglas G. Rivlin, Director of Communication
National Immigration Forum

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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