DOS Vs. DHS
As a result of 9/11, US consular officers are for the first time subject to oversight outside the DOS. The new relationship between DOS and DHS is bound to create some friction. A consequence of this friction is a February 4, 2004 guidance cable from DOS to all consulates. The entire cable is reproduced along with commentary in today's Featured Article.
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Clash Of The Titan Bureaucracies? The Battle Between DHS And US Consulates
Marc Ellis, Esq. writes "For the first time, a single agency plays a major role in overseeing the immigration process at both the consular level and at the CIS Service Centers inside the US."
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Immigration Law News
Discussion About 245(i) Approvable When Filed
In Lasprilla v. Ashcroft, No. 03-1557 (1st Cir. Apr. 22, 2004), the court addressed a matter concerning a 245(i) grandfathering on the basis of a previous marriage and discussed the "approvable when filed" standard.
Expanded Definition Of "Complaint" For LCA Matters
In the Matter of Administrator, Wage & Hour Division, Employment Standards Administration, v. Synergy Systems, Inc., No. 2004-LCA-22 (OALJ, Mar. 5, 2004), the Office of Administrative Law Judges said that the word "complaint" as used in 8 USC 1182(n) could be interpreted as encompassing not only the individual grievances of the aggrieved person making the complaint but also all other similiar violations involving the same LCA, even if those other violations involved other aggrieved persons who were not identified by the person making the complaint. The OALJ also said that the time period set forth in 8 USC 1182(n)(2)(B) are only directory not jurisdictional, preserving the Secretary of Labor's jurisdiction over the matter despite her failure to comply with the time limits in the statute. The OALJ found that the strongest proof to conclude that Employer committed a willful violation was that its managers generated and retained written records falsely suggestiong that Employees were on leaves on absence during periods when they were in fact working.
Immigration Attorney Pleads Guilty To Filing 200+ Fraudulent Labor Certs
The Washington Post reports "A local lawyer who built a practice helping immigrants stay in the US pleaded guilty yesterday to filing more than 200 fraudulent applications in a scheme to secure visas for people who were not necessarily entitled to them."
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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. For more information or to reserve your pre-publication advance copies see here.
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Letters to the Editor
Have any practitioners had experience with child neglect convictions in light of 1996 IIRIRA? Child abuse is clearly covered by IIRIRA, but there is some contradictory language re: whether child neglect conviction may result in removability. Since many non-US cultures have different concepts of watching children, often immigrants find themselves in a situation where a neighbor who thinks the children are alone without parental supervision calls the police. There is no actual danger to the children, but accused then pleads no contest or guilty to minimal CN offense (pays fine, etc.) just to avoid the time/expense of challenging the charges, but ends up with a potential immigration problem.
Nancy Hale, Refugee Immigration Project
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