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Immigration Daily


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Immigration Daily June 24, 2004
Previous Issues
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Editor's Comments

CIS Ombudsman Helps Benefits Delivery

CIS Ombudsman Khatri submitted his first Annual Report to Congress (see below), immigration attorneys will likely find this document interesting reading. Mr. Khatri is to be commended for his creative ideas in speeding up the delivery of immigration benefits by the DHS. The Congressionally mandated vision and structure for the Office of CIS Ombudsman (section 452 of the Homeland Security Act) paints a hopeful picture for both attorneys and Congress in the coming years. The statute envisions at least one local ombudsman for each state. The genesis of this idea is undoubtedly the fact that the vast majority of US Representatives and Senators find that immigration benefits inquiries are both a major issue for their constituents and a serious drain on their staff time. By creating this office, Congress doubtless hopes to mitigate Congressional inquiries from constitutents on immigration benefits issues. Future budgets for the DHS will likely see a fast increasing amount appropriated to this office. As this office finds its feet, immigration attorneys will likely find it a useful counterweight to an unfriendly federal bureaucracy.


Family Immigration: The Long Route From Love To Citizenship

The curriculum for "Family Immigration: The Long Route From Love To Citizenship" is as follows:

FIRST Phone Session on June 30th: 1.15pm to 2.45pm ET (10.15am to 11.45am PT)

  • Marrying abroad Vs. a fiancÚ petition - advantages and disadvantages
  • Getting consulates to adjudicate I-130's-general rules
  • Is there still humanitarian consideration where an I-130 is adjudicated and petitioner dies?
    • how to present a case
    • who to speak to at CIS
    • does Press help?
  • Documenting qualifying relationships
    • legitimate/illegitimate children
    • sponsoring stepchildren where the marriage has dissolved
    • DNA testing
    • dealing with situations where the beneficiary cannot obtain a birth certificate
  • Processing for derivatives abroad where the principal adjusts in the U.S.
  • Does the petitioner need to attend the interview in non-marriage cases?
  • Expediting in the case of the imminent death of the petitioner
  • Handling adjustment applications in proceedings (how to get the I-130 adjudicated)
  • Documentation for extreme hardship waivers

SECOND Phone Session on July 26th: 2.00pm to 3.30pm ET (11.00am to 12.30pm PT)

  • Adjusting through a marriage where the parties are separated
  • Arguments for adjustment for homosexual marriages
  • Strategies for dealing with transsexual marriages
  • Dealing with bad marriage interviews
    • the interviewer asks questions no one would know the answer to
    • the applicant can remember nothing, not even his/her address
    • the answers are different but not contradictory
    • screening marriage cases before you even get them ready
    • ethical issues in preparing marriage cases
    • what CIS will know before you walk in the door
    • when the spouses don't share a common language
  • How to reduce the chance that your client will be subject to a marriage interview
  • Can your client adjust through marriage if the U.S. citizen petitioner refuses to attend the interview or cannot attend the interview
  • Strategies for dealing with the Child Status Protection Act
  • Affidavit of support issues

THIRD Phone Session on August 12th: 2.00pm to 3.30pm ET (11.00am to 12.30pm PT)

  • How to process an I-751 where the parties are separated but do not intend to divorce
  • What to do when a joint petition is filed but the parties divorce before an adjudication
  • Strategies for dealing with a difficult U.S. citizen spouse where the parties are in the midst of divorce, but it looks like the divorce will never be final
  • Processing of I-751 petitions for children where they obtained residence at a different time than the parent
  • Filing for citizenship while an I-751 is pending
  • Filing an I-751 for a resident when the resident is temporarily assigned abroad
  • Extending proof of residence where the I-751 is pending more than a year
  • Documentation to support an I-751 where the parties do not have joint accounts or joint taxes
  • Adjudicating an I-751 in proceedings
    • burden of proof
    • getting the judge to terminate proceedings so that an I-751 waiver can be processed by CIS
    • judicial review of I-751 denials
  • Strategies for dealing with late filed I-751 petitions
  • Ethical considerations in a I-751 adjudication
The deadline to register is Tuesday, June 29th. For more info, including detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Procedural And Policy Changes For I-140 Petitions
Romulo E. Guevara writes "In an on-going campaign for backlog reduction, the US Citizenship and Immigration Services (USCIS) has issued two memoranda directing procedural changes and policy clarifications on employment-based petitions, known as a Form I-140 petition."

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

USCIS Provides Key Target Times By District Offices For Backlog Elimination
The USCIS released a presentation of its backlog reduction iniative including information on cycle time targets for naturalization and adjustment of status applications by district offices.

USCIS Ombudsman Releases First Annual Report
USCIS Ombudsman Khatri submitted his first annual report to Congress, an excerpt follows: The Ombudsman and USCIS have agreed that whenever the Ombudsman forwards an inquiry from the general public to USCIS for resolution, USCIS will resolve the matter within 30 days and notify both the individual making the inquiry and the Ombudsman of the result. As of the report date, there are 95 Ombudsman-referred inquiries being reviewed by USCIS, and all of these inquiries are still within the thirty-day time window for USCIS action.

Utah Rep. Cannon Wins Victory Despite Immigration Reform Campaign Waged Against Him
The Salt Lake Tribune reports "From the quiet of his Washington, D.C. office, Utah Rep. Chris Cannon celebrated his victory Tuesday night over challenger Matt Throckmorton in the 3rd Congressional District Republican primary."

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 Immigration Attorney
Are you looking to join a fast-paced and friendly team that provides first-rate immigration legal services to global businesses and individuals? Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has immediate openings for a moderately experienced Immigration Lawyer to work at its office in Irvine, California. If you have what it takes, you will work with multinational companies and high-achiever individuals to perform the full range of immigration legal services for employment-based and family-based immigration clients. You will use computer software extensively (research databases, Internet, MS Word, MS Outlook, Excel, ProLaw, Power Point, etc.), and become immersed in cutting-edge immigration law issues. This job is for you if you are a multi-talented multi-tasker, detail oriented, express yourself well in person and on paper, work well as part of a team, love challenges, are willing to work hard, have a spotless ethical record, are admitted to practice law in California or another state and have up to three years of U.S. immigration law experience. If you'd like to pursue this exciting opportunity, fax your resume + cover letter to Chris McCoy at 949-955-5599 or e-mail her at For background, see our web site: No phone calls please.

Credential Translation And Evaluation Service
Are you looking for certified translations for immigration purposes? American Evaluation and Translation Service, Inc. (AETS), a corporate member of the American Translators Association, provides certified translations in over 100 languages. Since AETS primarily caters to law firms and universities, AETS' linguists, all of whom either have Master's degrees or more than five years of translation experience, are experts in the field of immigration-related translations. Why entrust anyone else with such important documents? Contact AETS today for a free quote. For a copy of their Application for Translation Service, please click here: Or you may contact AETS at (786) 276-8190, send an email to or simply fax the documents to (786) 524-0448 or (786) 524-3300. AETS provides Educational, Work Experience and Position Evaluations. For more information, please visit the website at or call (786) 276-8190.

Help Wanted: Experienced Immigration Attorney
The Law Offices of Michael J. Gurfinkel, an immigration law firm with offices on both the East and West Coasts, seeks an associate attorney for its Los Angeles, CA offices. Ideal candidate should possess minimum 3+ years extensive experience in all areas of immigration law, including removal/deportation, AOS interviews, family and employment based petitions and consular processing. Position offers opportunity for occasional travel outside Los Angeles, CA area. Please fax or e-mail: resume, salary requirements + writing sample to the attention of Millie at (818) 543-5802 or EOE.

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

Readers are welcome to share their comments, email:

Dear Editor:
I don't quite understand what Chucky's letter to the Editor means by "only 17,000 new H-1B visas will be counted . . .". Does this mean the rest of the H-1B's filed in fiscal year 2005 will not be counted against the cap? I don't think so, but please illuminate me.

David D. Murray, Esq.
Newport Beach, CA

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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