ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search

Immigration Daily


RSS feed

Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network


Chinese Immig. Daily


Connect to us

Make us Homepage



Immigration Daily


Chinese Immig. Daily

The leading
immigration law
publisher - over
50000 pages of free

Immigration LLC.

Immigration Daily July 19, 2004
Previous Issues
The unmatched news resource for legal professionals. Free! Join 9000+ readers

Editor's Comments

21st Century Workforce

A GAO Forum discussing issues on the 21st Century Workforce (item below) invited a select group of national leaders and experts on the dynamics of the U.S. workforce, where participants offered the following suggestions to change immigrant worker policies:

  • U.S. policies should support more permanent immigrants and fewer illegal immigrants.
  • The federal government's visa programs should not have fixed yearly limits on the number of people who may enter the country. Instead, the number of allowable visas should be given in a range that adjusts to meet workforce demands.
  • The executive branch, not Congress, should be responsible for determining the number of temporary workers who can enter the United States. Another participant argued that Congress should be responsible because it represents the larger social interest.
  • U.S. immigration policy should not differentiate between permanent and temporary workers; instead, foreign workers should be considered transitional.
  • Non-native U.S. college graduates should be given green cards immediately after graduation instead of being sent back to their home countries.
  • The U.S. visa program for foreign students to attend college and graduate school in the United States should be revised. Recent declines in the admission of foreign graduate students, especially in math and science, have implications for future U.S. productivity and innovation.
The realization that immigrants play a pivotal role in creating a successful 21st century workforce leaves us hopeful that the US will pass immigration laws that reflect the importance of employment-based immigration to our country's economic strength and well-being.


Curriculum For "The Three Rs: Removal, Relief and Review"

The curriculum for "The Three Rs: Removal, Relief and Review" is as follows:

FIRST Phone Session on July 28th: "Please release me, Let me go..."
(Arrest and Hearing; detention issues, removal grounds, burden, defenses, suppression)

  • Reason to believe, warrant, arrest
  • Detention standards, habeas and "custodian" Rumsfeld v. Padilla (S. Ct. June 21, 2004)
  • Right to counsel, approach to practice, client representation, developing the case
  • Immigration judge duties, bias and recusal
  • Hearing rights and meaningful exercise
  • Burden of proof, "arriving alien," FOIA, exhaustion/making the record
  • NTA defects, notice & service, evidentiary insufficiency, res judicata
  • Non-hearings: Stipulated hearing, expedited hearing, & reinstatement of removal

SECOND Phone Session on August 19th: "Crazy, these cases are making me crazy...."
(More Defenses and Challenges in cases involving domestic violence, inabsentia rulings, classified evidence, citizenship, adjustment options, alternate dispositions)

  • Stops and incrimination: Hiibel v. Sixth Judicial District Court of Nevada, Humboldt County, (S. Ct. 6/21/04)
  • Alienage and 5th amendment suppression challenges
  • Negotiating with ICE, prosecutorial discretion, stipulation
  • VAWA cancellation, adjustment, exceptions, waivers and deferred action
  • Classified evidence cases; closed hearings, no hearing
  • Conviction "after admission," evidence of conviction, I-213, Jencks Act
  • New charges, effect of grounds not charged or proved on eligbility and review
  • Inabsentia motions, notice, exceptional circumstances, due diligence, reopening

THIRD Phone Session on September 16th: "Stay - Just a Little While Longer"
(Relief and review)

  • Adjustment, voluntary departure, 212(c)/cancellation of removal, 212(h).
  • Combined relief: Gabrelsky/Rainford adjustment, nunc pro tunc permission to reapply (I-212)
  • Discretionary relief and Lopez v. Davis blanket standards
  • AG mixing of statutory standards (Matter of Jean; Matter of K-A-; Matter of Y-L-, et al.)
  • BIA appeal standards, summary dismissal, NOA and streamlining, remand
  • Involuntary waiver of appeal; unlawful removal; self-deportation
  • Petition for review jurisdiction and exhaustion standards under section 242
  • Habeas petitions, stays of removal
The deadline to register is Monday, July 26th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Asylum Resource Series: Croatia
USCIS Asylum Resource Information Center offers asylum information on Croatia.

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 Announces INFOPASS Now Available In New York
The USCIS announced its Internet-based appointment system known as InfoPass is open to New York City area residents, with a formal launch scheduled for July 22. Developed in Miami a year ago, New York City is one of four key sites where InfoPass is currently available.

GAO Report On 21st Century Workforce
The Government Accountability Office (GAO) issued a report on demographic and economic trends and the appropriate role for government in responding to labor force challenges based on participants feedback attending its Workforce Challenges and Opportunities for the 21st Century Forum.

CAPPS II Passenger Screening System Will Be Redesigned
Government Executive Magazine reports DHS spokeswoman Suzanne Luber saying "Homeland Security officials have decided to abandon the Computer Assisted Passenger Pre-Screening System II (CAPPS II) as it currently exists."

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 Paralegal
Ellis & Ged, PA, a fast-growing immigration law office in Boca Raton, FL, seeks an experienced immigration paralegal. Minimum 2+ years experience, with strong writing skills and emphasis in employment-based immigration. Bachelor's degree preferred. Salary commensurate with experience. Excellent work environment. Must be detail-oriented, well-organized and computer proficient. Please submit resume to Richard Hujber by email: or fax: (561) 241-0812.

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: Experienced Immigration Paralegals
Bratter Krieger LLP, a full service immigration law firm located in Miami Beach, FL seeks experienced paralegals to join its winning team. Paralegals must have minimum 2+ years experience in all business (NIVs-E, H, L, and O/P's) and family immigrant visa categories; EB-1 experience preferred. Bilingual language skills are required. Bratter Krieger LLP offers an excellent working environment plus a competitive benefits package. Applicants should be organized and motivated. Salary is commensurate with experience. Submit resume to Matthew Krieger by fax: (305) 695-4398 or email:

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 must have minimum 3+ years extensive experience in all areas of immigration law to be considered, 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

Help Wanted: Immigration Legal Assistant
Shulman, Rogers, Gandal, Pordy & Ecker, P.A., Maryland's largest independent law firm outside of Baltimore city (75+ attorneys), seeks an immigration legal assistant. Experience desired in: employment-based IV (EB-1, EB-2, EB-3), NIV (E-1, E-2, H-1B, L-1A, L-1B, O-1), family-based IV, naturalization, AOS, consular processing, I-9 compliance/employer sanctions, and litigation. College degree and 1+ years of experience required. Ideal candidate possesses superior analytical, organizational, and communication skills. Must be proficient in word processing, spreadsheet, and immigration forms applications. Duties include heavy client contact, legal research, and immigration petitions. Work with a team of experienced immigration attorneys and professionals who are passionate about the practice of immigration law in a fast-paced, collegial setting with large law firm resources. Excellent salary/benefits package offered. If you enjoy challenging work with direct client contact and are equally passionate about immigration law, we want to hear from you. Send resume to Maura Bowen, HR Manager by fax 301-230-2891 or email

Help Wanted: Experienced Immigration Attorney
Paparelli & Partners LLP, a leading immigration law firm with an established national practice, has an immediate opening for a moderately experienced Immigration Lawyer fluent in Japanese to work at its office in Irvine, California. If you have what it takes, you will become immersed in cutting-edge immigration law issues while working with multinational companies and high-achiever individual clients to perform the full range of immigration legal services. This job is for you if you are a multi-talented multi-tasker, attentive to details, 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 No phone calls please.

Case Management Technology
INS-Experts Inc. is an eCommerce provider of US Immigration solutions globally. The company offers a web based solution for popular USCIS applications and forms through its website: INS Experts is now offering its application preparation solutions to Immigration consultants/ professionals, as well as related organizations at discounted prices. Partnership opportunities are also available for manufacturers/ distributors of US Immigration related products and services. For more information about these opportunities, please contact Mr. Puneet S Parmar, Director of Business Development INS Experts Inc., 12280 Saratoga Sunnyvale Road, Suite 116, Saratoga, CA 95070. Phone: 408-517-4212, Email:

Help Wanted: Experienced Immigration Attorney
Are you an expert in immigration law? Do you have high energy? Are you process oriented and extremely organized? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an immigration attorney to take on a new position within our immigration team. Key responsibilities include: I-9 compliance and J visa issues; Ensure regulatory compliance; Implement internal controls and review existing processes; Possible travel to Microsoft sites to conduct I-9 compliance trainings; Due diligence reviews and analysis to M&A teams; Secure legal work authorization in the US for individuals on temporary/permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, ability to effectively lead and motivate others, excellent writing skills, exceptional communication and interpersonal skills, strong attention to detail, proficiency with Microsoft technology a plus, BA/BS and JD required. Submit resume in word format to and please indicate job code N145-115057 in the subject line.

Help Wanted: Experienced Immigration Attorney
Business Immigration Attorney with 4-6 years related experience sought for the mid-town NY, NY office of Fragomen, Del Rey, Bernsen & Loewy LLP. Must possess excellent analytical and client service capabilities, and be familiar with all immigrant and non-immigrant visa categories. Please fax or email your resume + writing sample to Rick D'Aversa at 212-891-7566 or

Help Wanted: Experienced Immigration Attorney
Do you have a passion for writing? Do you find using technology to enhance business communication satisfying? Are you an expert in Immigration Law? If yes, Microsoft has an opportunity for you in Redmond, WA. We are seeking an Immigration Attorney to take on a new and challenging position within our Immigration team. Key responsibilities include: Enhance and maintain the internal immigration Web site delivering and maintaining content of great quality and customer value; Create and implement a strategic plan for the Web site that will assist in achieving the groups business goals and satisfy customer needs; Prepare internal client updates; Legal research and preparation of legal documents; Exercise your extensive immigration knowledge to help others secure legal work authorization in the US on a temporary and permanent basis. Desired qualifications include: 5+ years of solid business immigration experience, Excellent writing and editing skills with an emphasis on writing, immigration content for a variety of audiences, Demonstrated ability to manage legal staff, Proficiency with Microsoft technology a plus, BA/BS and JD required. Please submit your resume in word format to Please indicate job code N145-114972 in the subject line.

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:
On June 24, 2004, ILW.COM published an article entitled Procedural and Policy Changes for I-140 Petitions, written by Romulo E. Guevara. The article is a discussion of a memo by William Yates dated May 4, 2004. I am writing to ask if you would be able to send me a copy of the memo.

Morgan Bailey

Editor's Note: The Yates Memo is included in a previous article written by Olivia Thuma and referenced in Romulo E. Guevara's "Procedural and Policy Changes for I-140 Petitions" article.

Dear Editor:
It appears Ali Alexander's letter misinterpreted the statement I made in my previous letter. I am not against legality. Individuals should abide to the letter of the law as I personally do. It is the legal immigration system that should be reformed by taking into account the opinion of the incumbents, drafting reasonable laws and devoting adequate resources to their implementation. I am against blanket amnesties. It only helps politicians secure future votes. Second, the flow of immigrants is indeed "natural" if you consider the economic asymmetries mainly across the southern border and the need of U.S. businesses to compete in a global environment with much lower wages elsewhere. It has been demonstrated by the failure of tougher enforcement to make a dent in the human flow across the Southern border. A whole new "underclass" has been created and itís here to stay. Some U.S. residents may have a "natural" desire to stop this flow. However, the only way to achieved self-controlled immigration is to shape it according to the natural laws of economics and human behavior, not through artificial barriers. What is needed is a market-based approach to immigration benefits. If people are willing to pay $10,000 dollars to a "Coyote, " why not establish an auction-for-rights to work temporarily system that funnels legally this potential income. All in all, better economic results and social integration will be achieved without sacrificing taxpayersí money.

Washington, DC

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

© Copyright 1999-2004 American Immigration LLC, ILW.COM

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: