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Immigration Daily


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Immigration Daily May 12, 2004
Previous Issues
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Editor's Comments

Cast Your AILA Vote

Don't delay, vote today. Since many members do not cast a vote, each AILA member who votes makes a difference. For those who have mailed their AILA Election ballot, you may want to consider reminding a colleague or a fellow chapter member to cast their vote too.

This year, competing for your vote for AILA Secretary are Robert P. Deasy and Bernard P. Wolfsdorf. Seeking your vote for seven positions for Director are eleven candidates: T. Douglas Stump, Brian K. Bates, Royal F. Berg, Lory D. Rosenberg, Marc Van Der Hout, Heather N. Segal, Victor D. Nieblas Pradis, Marcia N. Needleman, Kathleen Moccio, Dagmar Butte, and Laura Lichter.

Please see here for statements submitted to Immigration Daily by Lory D. Rosenberg, T. Douglas Stump, Brian K. Bates. In lieu of a statement, here is a weblink for Bernard P. Wolfsdorf:


Grant Me This Much: Obtaining Immigration Benefits From The USCIS Regional Service Centers

Over a year has passed since Congress interred legacy INS and gave birth to USCIS. Enough time has now elapsed to assess this new bureau, evaluate its practices, and get a sense of whether the agency has transcended the pangs of birth.

The consensus among immigration lawyers is decidedly morose. Old-timers bemoan the days when attorney fees were high and denials few. New practitioners wonder if they can survive the rising tide of delays, rejections, higher filing fees and mounting client disappointment.

Well, Immigration Lawyers, stop crying in your latte! Take positive action. Sign up for an ILW.COM three-part teleconference that will help you achieve winning ways with the USCIS Service Centers. Hear leading immigration lawyers offer specific and tangible strategies that can inject success into your immigration practice. Jump-start your attitude, sharpen your skills and refine your approach to immigration lawyering. Sign up today!

FIRST Phone Session on May 27:

  • Do You Know your Service Center? - Mastering Regional Variations in Service-Center Policies and Practices
  • Up a Crick with a Paddle: Maneuvering Safely through the Shoals of Cryptic Statutes, Unpublished Regulations, Policy Memos and Informal Agency Letters
  • Gross (Error) Me Out - "You Said I Could Work Here, So Why Did You Renege"?
  • E-Filing Update: More Digital Forms on the Way - But When Will They Be User-Friendly?
  • Premium Processing - How to get the Most out of Concierge Service
  • Expedited Adjudication - When You Need It Quick But They Won't Take Your $1,000
  • Sole Jurisdiction/Centralized Filing - What's Left of the Good Old Days?
  • Do You Read Me? - Finding the Gold in Service Center Processing Guidelines and USCIS Websites.

SECOND Phone Session on June 24:

  • Getting to Yes: Strategies that Spawn Service-Center Success.
  • Dodging the Bullet: Ways to avoid the RFE, the NO, the NOID and the NOIR
  • Shake it Like a Polaroid Picture: Creative Uses of Graphic Evidence
  • Surf's Up: Web-Trolling for Approval Notices
  • What's Your Specialty? - Solutions for Evolving Occupations, Education Mismatches and Workers without Sheepskins
  • Succeeding at Successorship: Service Center Compliance Strategies for Corporate Makeovers
  • Oops I'm Late! - Establishing Extraordinary Circumstances and Reasons for Forgiveness

THIRD Phone Session on July 8:

  • When Merely Good is Not Enough: Proven Ways to Establish Extraordinary, Exceptional, Outstanding, and National-Interest Eligibility
  • Portable or Unsupportable? - New Case-Saving Strategies for Mobile Workers
  • Penny for Your Thoughts: Demonstrating Ability to Pay at All the Right Times
  • I Feel the Earth Move under My Feet: Winning Motions at the RSCs
  • Hi Ho, Hi Ho, Its off to the AAO your Competitors Go!
  • How can Headquarters Help? - When it's Time to Go up the Chain
  • Getting by with a Little Help from Your Friends: Working with the USCIS Ombudsman, Congressional Liaison and the Media.
The deadline to register is Tuesday, May 25th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Petition Challenging Canadian/U.S. "Direct Back" Policy Filed With IACHR
Deborah Anker of the Harvard Immigration and Refugee Clinic et al. filed a petition with the Inter-American Commission on Human Rights, challenging the policy and practice of "directing back" asylum seekers from Canada to the U.S.

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

EOIR Proposes To Maintain Information On Attorneys Appearing Before EOIR
The Executive Office for Immigration Review of the Department of Justice proposed to modify a proposed rule that would allow EOIR to collect electronically new information from attorneys and other immigration practitioners as a condition of practicing before Immigration Judges and the Board of Immigration Appeals.

No Judicial Review For Discretionary Denial Of Waivers Under 8 USC 1186a(c)(4)
In US v. Urena-Tavarez, No. 03-1013 (3rd Cir. May. 7, 2004), the court said that 8 USC 1252(a)(2)(B)(ii) barred the review of discretionary denial of waivers under 8 USC 1186a(c)(4).

Former INS Employee Pleads Guilty To Bribery
The Los Angeles Times reports "A former employee of the [INS's] California service center in Laguna Niguel pleaded guilty Monday to accepting thousands of dollars in bribes for issuing work permits she wasn't authorized to approve."

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:


Immigration Law Conferences
CGFNS hosts a special educational initiative in your community - New U.S. Department of Homeland Security (DHS) Visa Regulations for Foreign Health Care Workers. As part of a major change in federal policy affecting hiring of foreign health care workers in the US, the DHS has issued new Section 343 rules requiring foreign health care workers who are seeking temporary or permanent occupational visas or Trade NAFTA status to obtain a special visa certification in order to deliver patient care and provide health care services in this country. The Commission on Graduates of Foreign Nursing Schools (CGFNS)/International Commission on Healthcare Professions (ICHP) are sponsoring a special educational program in your community about the new DHS rules. This timely educational initiative is designed to provide you with important information about the new rules and facilitate the process for foreign health care workers to obtain a visa certificate through the CGFNS/ICHP specially designed Visascreen program. The new federal DHS rules apply to: Registered nurses and licensed practical (vocational) nurses, audiologists, physical therapists, medical technicians, occupational therapists, medical laboratory technologists, speech-language pathologists, physician assistants. To register, go to

Help Wanted: Immigration Attorney
We're looking for our next immigration lawyer. We only want someone who is willing to be an entrepreneur and make a bet on their career. Does this interest you? If so, please email Hammond Law Group, LLC with nine attorneys and 25 staff members is one of the ten largest full-scale business immigration law firms in the US. The firm is headquartered in Cincinnati with satellite offices in San Francisco and Seattle. Our client base is wide ranging from Fortune 100 companies to progressive start-ups. Our clients represent a cross range of industries and include those from: information technology, hospitals and other healthcare institutions, financial services, private and public universities, pharmaceutical and scientific research institutions, manufacturing, engineering, telecommunications, restaurants, and re-location.

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training visa can be used for individuals to participate in training programs in the following fields: Information Media and Communications, Education, Social Sciences, Library Science, Counseling and Social Services, Management, Business, Commerce and Finance, The Sciences, Engineering, Architecture, Mathematics and Industrial Occupations, Public Administration and Law. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

Help Wanted: Immigration Attorney
The Law Offices of Bernard P. Wolfsdorf seek to hire an associate attorney with 1-2 years experience in immigration for its Pacific Palisades, CA office. Ideal candidates should have experience with all aspects of business immigration. Responsibilities include: preparation of all types of immigrant visa petitions, labor certifications (RIR and traditional), adjustment of status and consular processing applications, and preparation of all types of nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseloads with large degree of independence, communicate with and maintain client status reports, prepare bills, and serve as a team resource. Applicants should submit resume + cover letter to T.L. Loke Walsh: fax (310) 573-5093; or email

Help Wanted: Experienced Immigration Attorney
Reeves & Associates (R&A), one of the largest, oldest and most successful full service immigration law firms in California seeks an Immigration Attorney with 3+ years experience in business immigration for its Pasadena, CA office. R&A offers a career position in a fast-paced environment for the ideal candidate. Candidates must have experience with immigrant visa petitions, Labor Certifications (RIR & Traditional), EB 1 & 5s, E-1 & 2s, Hs, Ls & O/Ps. He/she should be detail oriented, highly organized, have people and case management skills, have excellent writing and communication skills and be able to multi-task and manage a challenging and varied workload. R&A has an experienced support staff, state of the art technology and unsurpassed growth and learning potential. R&A offers an excellent salary & benefits package. All applications confidential. Send writing sample, resume and salary history to HR Dept. at or fax to (626) 795-4999. Incomplete submissions will not be considered.

Help Wanted: Paralegal/Legal Assistant
14-person midtown-based NYC immigration law firm seeks paralegal with 2+ yrs of experience with business immigration applications. Experience with other types of petitions - family, natz, etc is a plus. Ideal candidate has BA degree, is detail oriented, organized, conscientious and available to work OT on an as needed basis. Candidate must also possess excellent writing, communication & case management skills. Competitive compensation package offered. Email resume & cover letter to Marcia N. Needleman, Esq. at:

Help Wanted: Experienced Immigration Attorney
Small quality immigration firm based in lower Manhattan seeks qualified immigration attorney with two-four (2-4) years experience, for key position. Candidates should be familiar with family-based immigration and have experience representing clients at adjustment of status, 751 and naturalization interviews. Good research skills required. Experience with employment based immigration, H/L visas helpful. Seeking a conscientious, well-organized person who can work independently in this busy, rewarding environment. Position involves heavy client contact. Please forward resume + cover letter in confidence to:

Immigration Law Conference
The Center for Migration Studies, in association with the Fordham School of Law will present the 27th Annual National Legal Conference on Immigration and Refugee Policy "Navigating Through the Immigration Labyrinth in Post-9/11 America" on May 25-26, 2004 in New York City. The conference will consist of presentations + Q&A sessions on a wide-range of immigration topics. Immigration professionals, government officials, HR professionals, and non-profit reps should not miss the chance to hear noted experts in the field speak. Speakers will include Stephen Fischel, Fujie Ohata, Michael Aytes, Lynden Melmed, Harry Sheinfeld, Frank Sharry, Fran Berger, Naomi Schorr, Lory Rosenberg, Thomas Mosely, Lucas Guttentag, Cyrus Mehta, Noemi Masliah, Robert Gottfried, Deborah Anker, Michael Patrick, Don Kerwin, Gemma Solimene, Mark Von Sternberg, Jennifer Gordon, Howard Gordon, Austin Fragomen, Randel Johnson and others. Participants will have the rare opportunity to interact with key policymakers at this unique international event. Topics will include the transition to the DHS, including the impact of both policy and process, as well as an overview of business, family, and asylum issues facing the immigration law and policy community. In accordance with the requirements of the New York State Continuing Legal Education Board, the CMS-Fordham conference will offer up to nine non-transitional credit hours which can be credited toward the professional practice requirement. Discounted rates are available for students, nonprofits and government employees. For more info, including detailed curriculum, speaker line-up, and registration information, visit:

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 respectfully disagree with the editorial position of ILW.COM that the majority of immigrant visas should be employer-based, rather than family-based. Family reunification has been, and should remain, the cornerstone of our legal immigration system since 1965. The US Senate appropriately rejected reliance on a Canadian-style point system and the elimination of the brother and sister preference during the debate over the Immigration Act of 1990. Many, if not most, immigrants come to the United States for jobs and economic advancement. But they are not married to their jobs and do not shed their love and devotion to family members. Family sponsored immigrants come here to work, too, and contribute to the economy and the society. They have the support networks that family relationships provide and that an employer-based system lacks. It makes perfect sense and serves the national interest to allocate more visas to those individuals seeking admission whose family members already in the US desire their entry. We need both family-sponsored and employer-sponsored immigrants and not one to the exclusion of the other. (The writer was counsel to the late Senator Paul Simon on the US Senate Judiciary Immigration Subcommittee from 1987 to 1993.)

John Trasvina
San Francisco, CA

Dear Editor:
Chucky raises some interesting observations as to whether an "amnesty" will "solve" our nation's immigration problems, and the ILW.COM editorial of May 11, 2004, raises further issues concerning both the Democrat's and the Administration's focus on family-based, rather than employment based immigration programs. Here we predictably go again. None of it will work. What we need is a complete and total re-thinking of our archaic immigration laws, regulations, and policies - abominations such as the concept of dual intent, abandonment of petitions and applications without first obtaining advance parole; employment authorization being issued for less than the estimated processing time of adjustment applications, etc. Instead of an Amnesty Program, there should arise a clean, lean machine, that addresses the realities of twenty-first century immigration. Acronyms are cleaver, but they SOLVE nothing, they just postpone the inevitable - yet one more amnesty twenty years later. Although at this point it seems to be the only short-term solution to prophylacticly resolve our country's overwhelming problem of illegal immigration, amnesty simply will not serve to better the interests of the US in the long-run. In 1987, after the application period for the amnesty program of 1986 sunseted, the first question out of the mouths of would-be illegal alien clients in my office was "When will the next amnesty be?" I told them I did not know. Now, almost 20 years later, I can tell them, "Soon, my son, soon . . . ", the gods in Washington have heard your prayers. The politicians have failed over the past twenty years to remodel our immigration laws and system, and we have the mess on our hands that we face today. Now I ask, as Peter Paul & Mary sang in the '60's, "When will they ever learn, when will they ever learn?"

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
In response to recent news reports that Israelis detained on Sept. 11 were spies, tell us again how loose immigration policies are not a threat and foreigners are only looking for a better life which we are obligated to provide.

M Johnson

Dear Editor:
Attached is our complaint in the Seattle natz class action. We challenge two things: 1) GMC denials for minor offenses, not implicated good moral character; and 2) delays over 120 days past interview.

Robert H. Gibbs
Gibbs Houston Pauw

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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