Items Of Interest
Today's Immigration Daily issue has many items of interest: USCIS information on the I-90 Pilot Program, USCIS Employer Information Bulletin #108, a 9th Circuit concurrence opinion on dissolution of stay orders, 4 Classifieds, and 4 letters to the Editor. See below for any/all items.
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Visa Screen For Foreign Registered Nurses: Recent Developments
Zlata A. Dikaya, Esq. writes "Starting on July 27, 2004 foreign registered nurses in non-immigrant status will have to present a Visa Screen Certificate every time they cross the US border or extend their status."
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Immigration Law News
USCIS Overview On Los Angeles I-90 Pilot Project
The USCIS released an overview and FAQs on the I-90 Pilot Program in the Los Angeles District Office. For the overview, see here. For the FAQs, see here.
USCIS Employer Bulletin Information On Alien Employment Authorization
The Office of Business Liaison of the USCIS released an employer information bulletin on the employment authorization of aliens.
DOL Announces New Acting Administrator of DOL's Wage And Hour Division
The Department of Labor announced that Alfred Burgess Robinson, Jr. will become the Acting Administrator of the Department's Wage and Hour Division, effective June 14, 2004.
Stay Of Removal Orders Are Dissolved When Mandate Issues, Not When Petition For Review Is Denied
In Mariscal-Sandoval v. Ashcroft, No. 02-71925 (9th Cir. May 28, 2004), the court (responding to a concurring opinion) said that the denial of Petitioner's petition for review did not mean that "there was no longer a probability of success on the merits" and that Petitioner's stay of removal should not be vacated until the mandate issued.
DOL's Wage And Hour Division Has New Head
Business & Legal Reports report "Alfred Burgess Robinson, Jr. has been named acting administrator of the Department of Labor's Wage and Hour Division. The appointment of Robison, formerly the division's deputy administrator, became effective today, after being announced June 2 by US Secretary of Labor Elaine L. Chao."
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Letters to the Editor
Readers are welcome to share their comments, email: firstname.lastname@example.org.
Amen to the US Supreme Court's unanimous ruling allowing Mexican trucks free reign on US Highways. Now that they can do more than 20 mile short runs to transfer points just across the border, Mexican firms may finally invest in upgrading their rigs. From an immigration perspective, I will fascinated to see whether the increased traffic and prosperity increases or decreases illegal pressure. The two schools of thought I've seen in the letters to the Editor and linked articles can cut either way, economic penetration and rising expectations can lead to increased immigration pressure or that rising real incomes (from lower costs brought about by transport efficiencies as well as by increased pay) over the Rio Grande might lower immigration pressure.
Honza J. F. Prchal
I am responding to Anon's letter, on behalf of all immigration lawyers. In my previous letter, I urged immigrants, in even seemingly simple immigration matters, to pay the price, and seek qualified legal counsel from the onset of their case, not only after things go bad. I stand on that advice, and thank Anon for agreeing with me that this advice is "right on the money". Interestingly, Anon goes on to reveal his belief in a "secret handshake", used by immigration lawyers, that "opens doors to the immigration system". In my more than 20 years practicing immigration law, I, and my colleagues in practice, have accomplished positive results for our clients by knowing the law and regulations, keeping abreast of the ever-changing policies and procedures, and working hard at our chosen profession. Angelo Paparelli's recent letter to the CIS Ombudsman brings to light the continuing dilemma of immigration practitioners vis-a-vis the immigration "system". I have had the honor of knowing Angelo, and belonging to the same local Bar Association Immigration Section as he, since 1986. I believe his letter to the CIS Ombudsman reveals that immigration lawyers seek results for clients, as well as changes within the "system", through intellect and advocacy, not "secret handshakes". Immigration lawyers may not all be perfect, and the "system" itself is not perfect, but notwithstanding Anon's criticisms, he has been afforded his legal rights and due process of law in the US. Not everyone can legally qualify for immigration benefits in the US, whether one is represented by the "local boy", or the "high end beauty", all of whom should be aware of the true "secret handshake".
David D. Murray, Esq.
Newport Beach, CA
It is paramount important for Immigration Daily to brief us on the forthcoming visa lottery 2006, for those of us who are still eligible.
I agree with David D. Murray, Esq.'s letter that we should turn to the experts of immigration law for assistance. That is why my husband and I hired an immigration attorney soon after we were married in 2002. We paid our so called modest professional fee and the attorney filed the necessary paperwork for us, but then she stopped returning our calls and was not available to advise us on what might happen at our interview in Juarez. Never did she mention that my husband would be banished permanently. Technically she is still considered our attorney since I have not yet formally fired her as I should. I have attempted to hire a more competent attorney, but they have declined taking our case because it involves changing Federal Law. Using the exact words of the Consular Officer, my husband was denied his visa per Section 212(a)(9)(B)(II) of the INA, which prohibits the issuance to any alien who has been unlawfully present in the US for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the US. And, my husband is permanently barred from entering the US per Section 212(a)(9)(C)(II) of the INA, which prohibits the issuance to any alien who has been ordered removed under 235(b)(1), Section 240, or any other provision of law, and who enters or attempts to reenter the US without being admitted is in admissible. We also completed and submitted an I-601 waiver application. The entire package, fee and all, was returned to me with a note reiterating the above reasons for his denial. But there is hope, we will be eligible to submit another I-601 waiver application in the year 2010. Or, is it 2014?
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