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Immigration Daily


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Immigration Daily June 9, 2004
Previous Issues
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Editor's Comments

Open Letter To USCIS Ombudsman

Here are a few excerpts from Angelo A. Paparelli's second open letter on improvements to USCIS customer service to USCIS Ombudsman Khatri:

This letter seeks to encourage action by you, and ultimately by USCIS, to fulfill a basic principle of administrative law."

"We are advised that agency rulemaking takes time, that numerous policy decisions and legal determinations must be made within the agency, and that the OMB must be consulted. All of these required, time-consuming steps must occur, we are told, before proposed and final rules can be published. Curiously, however, some rules receive accelerated treatment, as is apparent with the breakneck speed of publishing the latest user fee increase for petitions and applications seeking immigration benefits."

"While the public has no alternative but to sit tight, you on the other hand hold the club that Congress gave you. You have a statutory mandate – as a separate office of equal rank within DHS – to hold USCIS accountable in matters of service to the public and to report to Congress on areas of service successes and failures within the bureau."

For the entire second letter, see below.


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Featured Article

Second Open Letter To USCIS Ombudsman
Angelo A. Paparelli shares his second open letter written to Mr. Prakash Khatri, Ombudsman, USCIS on how the administration of our immigration laws can be improved.

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

9th Circuit Adopts BIA's Definition Of "Entry"
In Sidhu v. Ashcroft, No. 02-73220 (9th Cir. May 27, 2004), the court adopted the BIA's detailed definition of "entry" within the meaning of 8 USC 1101(a)(13), which requires: "(1) a crossing into the territorial limits of the United States, i.e., physical presence; (2)(a) inspection and admission by an immigration officer, or (b) actual and intentional evasion of inspection at the nearest inspection point; and (3) freedom from official restraint."

USCIS Says Affair Is Evidence Of Sham Marriage, Couple Disputes Charge
The Oregonian reports "A couple, whose marriage authorities call a sham, seek a deportation reprieve."

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: Experienced Paralegal
INSZoom, a pioneer in immigration software solutions, seeks an experienced Paralegal as Customer Care Executive for our office in San Ramon, CA. You should be well versed with preparation of different types of employment and family based petitions using an automated tool. A natural presenter, you will take ownership of product training and customer support functions. Responsibilities include: onsite and telephonic training of INSZoom applications, configuring knowledgebase; and resolution of difficulties faced by clients in using the software. Gaining customer feedback to enable improvement in the product will be an important aspect of this job. Preference will be given to candidates with INSZoom experience. If you meet the above qualifications and are excited with the prospect of working with INSZoom, please send your detailed profile + salary expectations to

Help Wanted: Experienced Attorney
INSZoom, an immigration software solutions provider that grew 300% last year, seeks an experienced Attorney as Product Specialist for its US Immigration Edition. Innovation has made us a leader today, and you will help maintain INSZoom in the frontrunner position with your deep understanding of legal regulations, processes, workflow and bottlenecks in the U.S. immigration law practice. A natural leader, you will take ownership of strategic product planning & continuously strive to enrich INSZoom's user experience. Responsibilities include: keeping pace with ever-changing immigration regulations, envisaging and planning tomorrows product needs, participating in industry events to promote INSZoom and gain customer feedback. If you are a responsible and committed self-starter who loves to work with technology/systems, you are the Attorney we are looking for. This position will be based in San Ramon, CA. Preference will be given to candidates with INSZoom experience. To be part of our growing family, please send your detailed profile + salary expectations to

Help Wanted: Experienced Immigration Paralegal/Legal Assistant
Small Wall Street immigration practice seeks paralegal/legal assistant with 2+ years of experience with employment-based immigration. Candidates should also have working knowledge of family-based applications and naturalization petitions. Must have BA degree as well as excellent research, writing, communication and case management skills. Salary based on experience. Submit resume + cover letter to Lynne R. Newkofsky, Esq.:

Help Wanted: Immigration Paralegals
Fast-paced, nationally recognized immigration law firm based in Washington, D.C., seeks highly motivated, detail-oriented individuals. Immigration experience desirable, strong organizational, writing & interpersonal skills required. Spanish fluency a plus. Great oppty for individuals interested in challenging, exciting work dealing with int'l clientele and legal field, with career advancement possibilities. Competitive salary/benefits. Visit Send resume, writing sample, salary requirements + references to Amal Talhame at: Maggio Kattar, 11 Dupont Circle, NW, Ste. 775, Washington, DC 20036 or No calls please.

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 U.S., 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. Session Locations include: Washington, D.C. - Monday, June 14th, Chicago, IL - Thursday, July 8th, Miami, FL - Monday, August 23rd, Philadelphia, PA- Monday, August 16th, Seattle, WA - Monday, September 27th, New York, NY - Monday, October 4th, San Francisco, CA - Monday, October 18th, Atlanta, GA - Monday, November 1st. To register, contact Marla Downing, email:, telephone 215-222-8454, x.242. Or 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
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Letters to the Editor

Readers are welcome to share their comments, email:

Dear Editor:
While nobody knows better than immigration lawyers that our nation's immigration laws and procedures need a total overhaul, Sherry Arciniega, and the general public must understand that no matter how simple an immigration filing may at first seem, there are pitfalls and blunders that can cause serious delay, and that require the assistance of competent legal counsel to resolve before an application or petition is filed. Furthermore, Mrs. Arciniega and the general public must understand that 1) Immigration Officers and Consular Officers sometimes do not know the law, and that 2) neither the U.S. Citizenship & Immigration Services and the State Department is in the business of providing immigration advice and problem solving. Only immigration lawyers, and some qualified non-profit organizations who use immigration lawyers to assist them, are in the business of immigration problem solving. Ms. Arciniega's description of her husband's plight makes no legal sense whatsoever, and she has obviously been victimized by her own frugality and then provided incorrect advice, or misunderstood advice, by a U.S. Consular Officer. More than likely, if Mrs. Arciniega had paid a modest professional fee to a competent immigration lawyer for the preparation and filing of her Relative Petition, and the preparation of her husband's consular visa package, he or she would have advised them on the proper procedure filing a U.S. citizen spousal I-601 Waiver, and her husband would be in the USA with a Green Card today. Instead, she seems to have received government double-speak from a Consular Officer, who has no vested interest in assisting she and her husband. As the old saying goes, "She got what she paid for."

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I would like to be listed in ILW.COM's attorney referral service. How is that to be accomplished? Please advice me on the details.

William Siebert

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Marc Ellis, Gary Endelman

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