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Immigration Daily


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Immigration Daily March 4, 2004
Previous Issues
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Editor's Comments

2nd Circuit On The Border

A recent 2nd Circuit decision highlights an interesting though often unacknowledged fact about our border. In US v. Leiva-Deras, No. 02-1628 (2nd Cir. Feb. 17, 2004), the court directed "the government, within 90 days of discovering that Defendant had reentered the US, to apply for resentencing" because every Defendant has the right to be present at his sentencing. The Defendant had unlawfully re-entered three times and this opinion contemplates that he will unlawfully re-enter once again. The court is simply acknowledging the realities of the US-Mexican border today. It is clear that many individuals wishing to enter the US from Mexico do so unlawfully in contravention of our immigration laws. Given the high risks that people face in such unlawful border crossings, and the furtive lives that they lead in the US subsequent to such unlawful crossings, it may be futile to simply try to make border crossings even more difficult and the lives of the undocumented here even more unpleasant. It would be much better to accept reality and construct a legal system for cross-border migration. At a time of war against islamist terrorists, our hard-pressed and strained border control resources should be devoted to catching these threats to our national security instead of chasing prospective dishwashers and gardeners.


Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL

The curriculum for our new seminar "Overcoming Hurdles In Consular Processing: Visa Procedures, Security Checks & The TAL" is as follows:

FIRST Phone Session on March 24:

Applying for Visas - Are the Procedures Still the Same?

  • Third Country National Visa Processing in Canada and Mexico

    • i. Update on Canada and Mexico
      ii. Can TCN’s still apply?
      iii. Can List of 26 or T-7 TCN’s still apply?
      iv. Changes to the Automatic Revalidation Rule – what happens if the visa is not issued – is my Client Stuck Outside the U.S.?
      v. When should you Consider Border Post in Canada/Mexico over Processing in Home Country?
      vi. TCN E-1/E-2 Treaty Trader and Investor Visas Applying for Visas in Home Country
  • Applying for Visas in Home Country
      i. Mandatory Interviews
      ii. Personal Appearance Waivers, Appointments and Timing
  • Visa Revalidation through the Department of State – is this still a viable option?
  • Importance of Reviewing Forms DS-156 and 157
  • What Documents Should Your Client Bring To the Consulate?
  • Where can Applicants from List of 26 or Terrible 7 countries apply?

SECOND Phone Session on April 22:

Navigating Through the Maze of Security Checks and Special Issues that Warrant Attention

  • Data Sharing
  • Visas Condor Checks for Applicants from Predominantly Muslim countries or countries of concern
  • NCIC Checks and Hits in the Database – remember that DUI or pot conviction or petty theft arrest from 30 years ago?
  • False Hits for Individuals with common names
  • Visa Restrictions for Citizens and Nationals of State Sponsors of Terrorism - Section 306 of the Border Security Act
  • The Impact of Biometric Identifiers and new technologies

  • i. Biometrics in US visas – how does this impact visa processing?
    ii. US VISIT
    iii. Biometric requirements and the Visa Waiver program
  • Memorandum of Understanding between the DOS and DHS
    • i. what does this mean for visa processing?
  • Special Visa Processing Issues
    • i. Applying for a B-1/B-2 after a Visa Waiver refusal
      ii. Applying for a visa after failing to register on departure from the U.S.
      iii. Unlawful presence and 222(g) concerns
      1. applying for a visa after a layoff situation
      2. 222(g) versus 3/10 year bars

    THIRD Phone Session on May 13:

    Visas Mantis Hits and the Technology Alert List – Why Scientists, Academics, Researchers, Engineers and Hi-Tech Professionals Should Be Concerned

  • What is the TAL?
  • How does it impact foreign nationals?
  • Why should I be worried about it?
  • What Should I do if it looks like my Client Will be Subject to TAL
  • What Kinds of Documents Should I Bring?
  • What Can I Do if my Client is Subject to the TAL?
  • What Can I Expect Once My Client is Back in the US?
  • The Related Issue of Export Controls
    • i. Why is this important now?
      ii. What is a deemed export?
      iii. What sorts of technologies are covered by export control regulations?
      iv. Applying for a License
      v. Basic compliance procedures that every company should have

    The deadline to register is Monday, March 22nd. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

    Featured Article

    Workplace Identity Fraud and Identity Theft In The Workplace: The Convergence Of Immigration & Nationality Laws And Labor And Employment Laws
    David Nachman, Esq. writes "Issues that emerge from the realm of social security mismatch, constructive knowledge and document fraud demonstrate the truly "gray areas" that exist at the precipice where the immigration, the tax and the employment laws converge."

    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

    USCIS Issues EAD To TPS El Salvadorans
    The USCIS announced it had completed processing renewal Employment Authorization Documents (EADs) for more than 238,000 Salvadorans who have re-registered for Temporary Protected Status (TPS).

    White House Say President Bush Is Fully Committed To Immigration Reform Initiative
    During a White House press briefing, White House Spokesman responded to the query, "Is the President doing anything to get this immigration proposal through Congress?"

    Firm Resettlement Is Mandatory Bar To Asylum
    In Salazar v. Ashcroft, No. 02-2486 (1st Cir. Feb. 26, 2004), the court, in a case of first impression in the First Circuit, said that Petitioner's firm resettlement in a third country was a mandatory bar to the granting of asylum.

    Court Order Envisions That Deported Criminal Alien Will Re-enter US
    In US v. Leiva-Deras, No. 02-1628 (2nd Cir. Feb. 17, 2004), the court noted that the Defendant was released from custody and deported despite specific instructions to the contrary from the government in a case involving a downward departure from the Sentencing Guidelines. In the conclusion of its opinion, the court remanded the case for re-sentencing. However, since Defendant has the right to be present at the re-sentencing, and since this could not occur while he was in El Salvador, the court directed that government to apply for re-sentencing within 90 days of discovering the Defendant had re-entered the US.

    DOL Announces 2004 Adverse Effect Wage Rates
    The Employment and Training Administration of the Department of Labor announced 2004 adverse effect wage rates for employers seeking H-2A temporary workers.

    USCIS Receives 'F' For Backlog Reduction Failure
    Government Executive Magazine reports that ccording to a report card released Monday by a a coalition of immigrant rights groups "The [USCIS] has failed in its efforts to reduce massive backlogs in processing applications for citizenship."

    Los Angeles Creates Office Of Immigrant Affairs
    The Los Angeles Daily News reports "With more than 40 percent of Los Angeles residents having come from foreign countries, the city on Tuesday created an Office of Immigrant Affairs to help newcomers adjust to their new home."

    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:


    Help Wanted: Legal Assistants
    Leading immigration law firm, Tindall & Foster P.C., seeks qualified legal assistant applicants for its Texas offices in Austin and Houston. Positions require a university degree, strong writing skills, and Word, Outlook, Excel and Access proficiency. Foreign language fluency and immigration experience preferred. Training provided. Nonsmokers desired. We offer a competitive salary + benefits package (incl. paid parking). Austin applicants: Email resume to Robert Loughran at: Houston aplicants: Email resume to Kathryn Vidal at: Alternatively, resumes can be mailed to Personnel, 600 Travis Street, Suite 2800, Houston, TX 77002 (please indicate desired location). No calls please. EOE.

    Help Wanted: Experienced Immigration Specialist And Entry-Level Paralegal
    Greenberg Traurig, a large international law firm, has openings in its Tysons Corner, VA office for 2 positions: an experienced immigration specialist and an entry-level paralegal. Both positions require a Bachelors degree and a minimum 2+ yrs of experience in the immigration field. The experienced immigration specialist should have previous experience managing caseloads with a high degree of independence. Both positions require strong organizational, written, computer and verbal skills. Fluency in Spanish preferred. Excellent benefits and compensation package offered. Send resume + cover letter, including salary requirements by (fax) 703-714-8378 or (email) Please state the position (experienced or entry-level position) that you are applying for.

    Help Wanted: Immigration Attorney
    Reeves & Associates (R&A) , a full-service immigration law firm, seeks an immigration attorney with 1+ years experience in business immigration for its Pasadena office. R&A offers an opportunity to manage a challenging and varied workload in a fast-paced environment. Candidates must have experience with immigrant visa petitions, labor certifications (RIR & traditional), Hs and Ls. The ideal candidate should be detail-oriented, highly organized, possess excellent interpersonal and communication skills (written and oral), and effectively multi-task. R&A has an experienced support staff, state of the art technology and offers unsurpassed growth and learning potential. We offer an excellent salary & benefits package. If you have what it takes to take R&A to the next level, please email: cover letter, detailed resume + salary history to or fax to (626) 795-4999. Incomplete submissions will not be considered.

    Immigration Law Books
    Reserve your 2004 copies now. No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act – INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations – 8 CFR – and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. Reserve your 2004 editions now. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. The 2004 editions will arrive hot off the presses (target publication March 2004). For more information or to reserve your pre-publication advance copies 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

    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:
    We practitioners who routinely handle L-1 Visa Petitions can identify with the concerns and problems caused by erroneous Visa and I-94 issuance, referred to by SJD's letter, because we occasionally see these situations, and must advise our clients on the proper course of action. My solution is simply, "the Petition controls". Notwithstanding a consular-issued Visa, or CIS issued I-94, no Visa or I-94 could ever be presumed valid if it purports to go beyond the Petition expiration date. The old "two wrongs don't make a right" situation, resulting in a "house with no foundation". If the L-1 Petition is timely renewed, I do not believe it would be necessary to obtain a new Visa if the Visa extends beyond the old Petition expiration date, because the "foundation" would have been put back under the house, keeping it from toppling. The underlying consular mistake would be merely technical - no harm no foul. If the I-94 is granted beyond the Petition expiration date, it will be renewed as a part of the Petition extension, and the date of the new Petition, and accompanying extension of stay, will control. But, if the Petition is not renewed, and if the alien relies only on the face of the Visa and/or I-94, and continues to enter the US on the Visa, or continue to remain in the US pursuant to an erroneous I-94, after the Petition expires, he or she may creating a situation that could at least result in an argument with CIS, an argument that, because as a matter of law they are not in compliance, they just may lose. In advising a client on these types of issues, I always take the logical path of least resistance. Simply keep the Petition (and Visa and I-94, of course) current. Problems solved and, another good reason why it is important for individuals and companies to consult competent immigration counsel for all their immigration needs, no matter how simple they, on their face, may at first appear.

    David D. Murray, Esq.
    Newport Beach, CA

    Dear Editor:
    I see that you cropped my letter, which is fine, except that I think it needed something about Blanket L's in there since I believe the misinformation about validity dates and authorized stays may only concern individuals who apply under a Blanket.


    Editor's Note: We encourage our letter writers to limit the length of letters to a few hundred words to avoid having ILW.COM excerpt from your letter to the Editor. Please see our letters to the Editor policy for more information.

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    Editorial Advisory Board
    Marc Ellis, Gary Endelman

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