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Immigration Daily


Chinese Immig. Daily

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

H-1B 2005 Cap

The H-1B FY 2005 cap is close to being filled. As of August 4th, USCIS had received 40,000 H-1Bs subject to the FY 2005 cap. With the FY 2005 cap for practical purposes at 58,200 (65,000 less Chile/Singapore numbers), the fear that the FY 2005 H-1B cap will be reached early this fall is very real. Hopes for Congress to offer relief look slim as Congress focuses on clearing its agenda, including appropriations bills and the 9/11 Commission's findings prior to the November election. Immigration Daily will keep you informed of the latest H-1B developments.


Sanctuary! Stratagems To Winning In Asylum Practice

The curriculum for our new seminar series "Sanctuary! Stratagems To Winning In Asylum Practice" is as follows:

FIRST Phone Session on August 31st: Planning The Case

  • Persecution And Well-Founded Fear Issues
    • Persecution Defined
    • Non-Physical Harm (threats, economic harm, discrimination, etc.)
    • Gender-Based Harm
    • Harm Not Considered to be Persecution (prosecution, civil strife, etc.)
    • Harm to Juveniles
    • Countrywide Persecution (non-governmental persecutors)
    • Changed Conditions
  • Causation and Nexus, the "on account of" issue
    • Proving "Circumstantial" Evidence of Causation
    • Proving Motivation of the Persecutor
    • Mixed Motive Cases
    • Issues Related to Non-Governmental Persecutors
    • Political Opinion (What is it?; "Imputed" Political Opinion)
    • Particular Social Groups (What is a Social Group; "Immutable" Characteristics"; Gender Based Claims; Juvenile Cases)
    • Claims Based on Race, Religion, Nationality
  • Withholding of Removal - Torture Convention

SECOND Phone Session on September 23rd: Bars to Relief and Preparation of Application

  • Bars To Relief
    • One Year Bar - Filing Deadline (Changed Circumstances; Extraordinary Circumstances)
    • Reinstatement of Removal Orders
    • Resettlement
    • Criminal Bars
    • Persecutors
    • Discretionary Denials
  • Preparing the Application and Documentation
    • Statement - How Detailed Should it be? (Contents; Language; Avoiding Credibility Problems)
    • Documentation - Individualized (medical records, evidence of political involvement, photos, Affidavits, arrest Records, new articles, etc.); Background Evidence - (sources, websites, types of evidence)
    • Witnesses - Personal (those with direct knowledge); Expert (medical, psychological, political, human rights, etc.)
  • Packaging and Filing the Claim
    • Preparing Documentation (highlighting, indexing, tabbing, paginating, etc.)
    • Local Court Rules
    • Court Filing Deadlines
    • Witness Lists

THIRD Phone Session on October 14th: Presentation In Court

  • Getting Your Documents Into the Record
    • Dealing with DHS attorney objections (Authentication; Hearsay - 3rd Party Written Statements; Timeliness; Other Objections - relevance, completeness, etc.)
    • Expert Statements (Where Expert not in Court for Cross-examination)
    • Objections to DHS Documents (I-213, Asylum Officer's Notes, Forensic Reports)
  • Presenting The Applicants Testimony in Court
    • Preparation of your client
    • Types of questions (simple, direct, non-leading)
    • Chronology
    • Dealing with DHS attorney objections
    • Dealing with Judge's interruptions (making your record)
    • Objections to DHS attorney cross-examination questions
    • Credibility issues
  • Expert Witnesses
    • When to use them
    • Where to find them
    • Proving expert qualifications
    • Focusing the expert
    • Motions for telephonic testimony
  • Cross Examination of DHS Witnesses
    • Asylum Officers
    • DHS Inspectors/Investigators
  • Other Issues
    • Closing Arguments
    • BIA Appeal
    • Circuit Court Review
  • Filing with the Asylum Office
    • Limitations on Role of Attorney
    • Differences with Court Presentations
The deadline to register is Friday, August 27th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:

Featured Article

Firstland International: An Insider Perspective
Alan Lee, Esq. provides a firsthand account of the recent 2nd Circuit decision concerning the power of the government to revoke an immigrant visa petition once aliens had embarked on their journeys to the U.S.

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

C-Y-Z Holding Granting Spouses Of Persons Forced To Undergo Abortion Asylum Does Not Extend To Unmarried Partners
In Chen v. Ashcroft, No. 03-3124 (3rd Cir. Aug. 20, 2004), the court said that the BIA's decision not to extend to unmarried partners the finding of past persecution where their partner was forced to undergo an abortion or sterilization was reasonable because it contributed to efficient adminsitration and avoided difficult and problematic factual inquiries.

The Department of State issued a cable reminding consular posts of student and exchange visitor visas processing policies.

President Bush's Temporary Worker Plan - Where Did It Go?
The Arizona Daily Star reports "Yet more than eight months after Bush called on Congress to make it easier for foreign workers to come to the US, the [temporary worker] plan has all but disappeared from the president's agenda."

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 - Immigration Attorney
The Law Offices of Jessica Dominguez, a rapidly expanding immigration law firm based in San Fernando Valley, CA seeks an immigration attorney to work on a wide range of cases (employment-based immigrant and nonimmigrant visa petitions, deportation, family-based immigration, and naturalization) in a diverse, full-service immigration law practice. Ideal candidate has minimum 2 years experience - exceptional, motivated candidates with less experience are also encouraged to apply. Responsiblities include: representing aliens before immigration officers and in immigration courts. Excellent legal research/writing and outstanding communication skills required. The right candidate possesses initiative and the ability to work independently. Spanish language a plus. We have a great office environment and wonderful clients. E-mail cover letter, resume, + salary requirements in confidence to Jessica Dominguez at:

Credential Evaluation And Translation Service
Do you need a free initial consultation regarding an educational evaluation? American Evaluation and Translation Service, Inc. (AETS) provides free reviews of educational documentation. AETS will review the educational documentation submitted and call/email to update you on the exact U.S. educational equivalency. AETS' competitive prices for educational evaluations are: ($50 - 10 business days), ($70 - 5 business days), ($90 - 3 business days), ($100 - 24-hrs), ($125 - same-day) turn-around. AETS also provides 'Expert Opinion' Work Experience and Position Evaluations completed by PhD university professors that start at ($200 - 10 business days) service. For a complete list of prices and turn-around times, see: In addition, AETS provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. To receive a copy of the Application for Credential Evaluation and Translation Services, contact AETS at (786) 276-8190,, or

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:

None today.

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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