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
"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
For the entire second letter, see below.
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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.
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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."
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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
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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
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Letters to the Editor
Readers are welcome to share their comments, email: email@example.com.
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
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