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Immigration Daily


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Immigration Daily September 16, 2003
Previous Issues
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Editor's Comments

Your Letters

Earlier this year we adopted the policy that letters submitted to the editor of Immigration Daily for publication had to be specifically addressed to in order to be considered for publication. However, we have hitherto applied this policy only for letters from individuals. Henceforth, we will be applying this policy to letters from organizations and institutions as well. This step will still permit organizations to address readers of Immigration Daily by addressing correspondence to (but not as part of a mass mailing). As always, we encourage all our readers to continue to share their comments, viewpoints, and thoughts with other readers by sending correspondence to


Immigration Daily Archives On CD-ROM

ILW.COM is pleased to announce the launch of our new CD-ROM product.

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  • Have the convenience of 3 entire years of the Immigration Daily archives on your computer - no need to worry about long download times for large documents from the internet!
  • Powerful, easy-to-use next generation search engine unlike other Immigration CD-ROMs
  • No Installation / Software Headaches - the CD-ROM runs from the CD-ROM drive directly, nothing will get installed on your hard drive
  • Web Browser interface - no need to learn any navigation tricks
  • Find articles, letters to the Editor, cases, Federal Register announcements, INS memoranda, and more.

To order, please see: (for the fax version of the order form, please see:

Featured Article

Citizenship: A Fundamental American Value
Eduardo Aguirre writes "I remember becoming a US Citizen like it was yesterday. In fact, more than thirty years have passed since that profound, life-changing event."

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Immigration Law News

Secretary Powell Says Omnibus Immigration Reform Would Be Very Very Difficult
During an interview with Mexico's Televisa, Secretary Powell responded to the possibility of an immigration agreement with Mexico and said, "To get a large overarching, comprehensive, omnibus immigration law now would be very, very difficult."

Aguilar Is Appointed Chief Of Office Of Citizenship
BCIS Director Eduardo Aguirre announced that Alfonso Aguilar has been appointed Chief of the Office of Citizenship.

DOS Issues Proposed Regulations On Intercountry Adoptions
The Department of State issued proposed regulations to implement the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (the Convention) and the Intercountry Adoption Act of 2000 (the IAA), including rules to implement the records preservation requirements.

BALCA Says Employer Has Burden To Perfect Record
In the Matters of Woodland Hills Country Club, No. 2002-INA-201, 2002-INA 202 (BALCA, Aug. 22, 2003), the Board of Alien Labor Certification Appeals said that the fault with the lack of clarity in the rebuttal and recruitment report was solely that of Employer in a case where the Employer had sought to clarify discrepancies in its rebuttal through a clarification letter.

Inconsistencies Doom Asylum Claim
In Lu v. Ashcroft, No. 02-4198 (3rd Cir. Sep. 8, 2003), the court said that there was substantial evidence that Petitioner's testimony was not credible since there were numerous inconsistencies between Petitioner's testimony at his removal hearing, the information he provided in his asylum application and his testimony to immigration officers at the airport, inconsistencies which went to the heart of Petitioner's asylum claim.

California's Democrats Call For Schwarzenegger's Immigration Records
The San Jose Mercury News reports "California's top Democratic Party official called Sunday for Republican Arnold Schwarzenegger to release his immigration records and address whether he abused immigration rules when he came to the US in 1968."

Immigrant Workers Freedom Ride Seeks Immigration Reform
The Rocky Mountain News of Colorado reports "A coalition fighting for better treatment of illegal immigrants plans to crisscross the country to build momentum for its movement."

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Case Management Technology
There's a lot of 'buzz' lately surrounding case management systems. Which one is right for your firm? Will these systems live up to their promises? Is your data secure? And what about ROI? The VisaPrep technology has been used by immigration attorneys for over five years. Our system has been validated by more than seven hundred corporations and thousands of beneficiaries. Our technology works. To prove it, we'll answer your questions, show you a demonstration, and even allow you to use our system for FREE for thirty days. For more information, contact Juliet DiIorio, toll free at 866-VISAPREP (847-2773) or via email

Help Wanted: Academic Program Manager
The University of Southern California Office of International Services (USC) seeks a Program Manager (Director, Faculty/Staff Visa Services) to assist academic, research and service units in the hiring process for nonimmigrants. The ideal candidate will ensure that USC is in full compliance with all relevant state and federal regulations; advise both hiring units and current and prospective nonimmigrant employees on filing procedures; and maintain currency on applicable laws, regulations and filing procedures for alien employment and employment-related permanent residence application. The incumbent will provide advice on university-employment-related immigration matters; interview prospective alien employees as well as employing unit personnel to develop appropriate hiring strategies; and consult with outside legal counsel in complex immigration-related legal matters. A working knowledge of Microsoft Office (including Excel, Word and PowerPoint) and Immigrant Pro is required. Travel to off-campus meetings and conferences will occasionally be required. Minimum Qualifications: Bachelor's degree with 3+ years of directly related professional and supervisory experience in an immigration law practice or a higher education/research institution immigration service office. To apply, go to and begin your application by submitting reference req. #16774 under Search/Apply for a Job. AA/EOE

Help Wanted: Experienced Immigration Attorney
Blumenfeld, Kaplan & Sandweiss, P.C. (BKS), a full-service law firm in St. Louis, MO seeks an associate with 1-3 years of employment-based immigration experience. Experience with immigration issues related to physicians is a big plus. BKS offers a competitive salary and excellent benefits. Send resume + cover letter to Chris Williams, Immigration Law Practice Group, 168 North Meramec Avenue, 4th Floor, Clayton, Missouri 63105. No phone inquiries please.

Help Wanted: Experienced Immigration Paralegal
Kemp Smith LLP, founded in 1866, seeks to hire an experienced paralegal for its business, family, consular, and inspections based immigration practice located in El Paso, TX. Responsibilities include continuous professional interaction with clients, staff, and federal agencies; timely preparation of filings with the Departments of Labor, State, and Homeland Security; and case monitoring. Excellent analytical, organizational, and writing skills are required. Computer and Internet literacy is essential, while Internet research skills are ideal. Proficiency in Word, Powerpoint, and case management software are all a plus. Bachelor's degree or equivalent preferred. Fluency in a second language in either Spanish, Japanese, or German is desired. Please forward your resume to Firm Administrator via e-mail at or fax 915-546-5360.

Immigration Law Books
The successful practice of immigration law depends on having immigration statutes and regulations readily available. Immigration attorneys need look no further than Patel's complete reference library for their primary resource needs. Patel's library consists of (4) books: The Whole ACT—INA (Annotated), 20/22/28 CFRPlus, 8 CFRPlus, and Patel's Citations of Administrative Decisions under Immigration and Nationality Laws. Each book contains a detailed topical index, is annotated and is updated annually to reflect the latest changes in regulations. These four books constitute an indispensable library of primary resource materials for any immigration practitioner. For more information or to purchase these books see here.

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

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For services/products of use in your law practice please click here

Letters to the Editor

Dear Editor:
We always hear people like J.R., talking about inmigrants in a despective way. For him, immigration is about race. Right now "those darn illegals are employed for mostly white people, everywhere". Don't give that poor excuse, that you know people are willing to wash dishes, because they are not, that's because those "darn illegals are taking the jobs", because white people, simply are not willing to work, right now the first minority in the US are latinos, more than 30 million of them, and having Spanish as a second language everywhere, most of them came as illegals, maybe that's the curse of America. There is no way to stop it. The Government is not going to send troops to the borders or close it, the same Freedom that our Country spread all around will atract more people everywhere, you now why? cause they are poor, in war, or simply don't want to live in their countries anymore, or want to exercise their religion in freedom, just like the First Pilgrims. The difference now is that there are people called Americans, so selfish that they think they deserve this land just for themselves. I don't think so, and that's the curse of America. Every year, they come from abroad, more than 1 million people and thank God. They know how hard it is here, and that thinking will out numbered those who take America for granted.


Dear Editor:
In response to Mr. Murray's letter, I wish you had read my letter before responding. In response to S.Salik's letter, thank you for your response and seeming grasp of what I wrote. Mr. Murray, I did not say my husband took American jobs. I did not say we feel victimized or violated by the laws of the US, my beloved country....indeed an oxymoron as no one spends thousands of dollars and valuable time seeking legal remedies to allow continued residency in a country if victimized. My letter stated that my husband committed a despicable crime 16 years' ago and it stated that upon my learning of this crime, we "turned ourselves in" to numerous government agencies including the INS over a 3-year time frame. At best we were considered wasting their time; at worst we were crazy. Obviously my knee-jerk response to noxious stimulus learned 5-months after marriage, abeit seeming logical enforcement resources at the time. Mr. Murray, annullment was an obvious option for me but I electively married my husband, his prior behavior simply became an obstacle that had to be overcome in whatever fashion was available to us. My letter aimed to address immigrants who are not as well-connected as am I and who are able to move to another country, but who wish to avail themselves of any/all lawful remedies, should they exit, or at least explore options to become legal. That was the desire of my husband. I wrote to praise the services provided by ILW.COM. Ms. Hines and husband were indeed victims of professional irresponsibility by an attorney not listed on ILW.COM. Should that imply disdain for lawyers in general, I don't think so. There are rotten doctors in my area. I aimed to share my experience with immigrants to possibly prevent similar pitfalls in their legalization efforts. I suggested obtaining second or third opinions; hopefully locate this web site (ILW.COM) in a timely fashion, ask questions of the lawyer regardless of their ignorance and embarrassment, demand clear and understandable answers, and by all means at the end of the day feel sufficiently knowledgable to make informed decisions before they pay expensive legal fees to receive nothing in return. This was my failure, not my government's failure. Mr. Murray, if infectious disease doc's "bawled-out", humiliated, intimidated, and belitted patients who appear for help with often terminal, self-inflicted illnesses derived through ignorance or absolute disregard for appropriate social conduct, what would be accomplished other than to cause that patient to run as fast as possible from the office, remain in denial and hide, spreading disease, and continued conduct that affects all of society? Do you only accept innocent immigrant clients? Are you always this dispassionate and judgmental with clients seeking relief or a different lifestyle even if there is nothing encouraging to tell them how to prepare for a dismal final outcome. What is served by assuming that all people are w/o a conscience and deliberately write jokes and fiction on ILW.COM? Do you design to run away the "misfits" who finally get the courage to inquire, 'is there any help for me'? Mr. Murray, if I were the immigrant/patient without formal education and sophistication who visited ILW.COM and read your response, I believe I would most certainly feel defeated before I ever sought treatment or legal assistance. How does that serve to address ongoing social ills that all of us so regularly whine about? Again, my appreciation to ILW.COM for its service. I wish I had located this address 6 months earlier.

elise hines

Dear Editor:
I'm writing in response to the Editor's Comments about 245(i). If this is true, was it then only a tacit understanding between the various agencies that INS would not take steps to remove any 245(i) beneficiaries or sanction employers - an understanding that could go up in smoke any time BICE decides to pull the rug out from under the program? After all, it's not as if the government doesn't know how to find these people. This is extremely cynical because if the tacit understanding holds, then in fact 245(i) is an amnesty of sorts, and if it doesn't hold, then it's a most despicable travesty.


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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