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Immigration Daily


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Immigration Daily August 31, 2004
Previous Issues
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Congress Vs. Ombudsman

When the DHS was created in 2002, one of its new and notable features was the creation of "The Office of the CIS Ombudsman". The first person to head this office is Mr. Prakash Khatri, formerly a practicing immigration attorney. To his credit, Mr. Khatri has made faster delivery of immigration benefits a priority at the DHS Secretary level. Mr. Khatri's vision in confronting the unprecedented immigration benefits backlogs is to attack them using computer-intensive techniques rather than people-intensive techniques which would use more government employees. This technique essentially relies on the underlying INFOPASS system at DHS. The extensive rollout of INFOPASS at USCIS offices across the country is noteworthy because INFOPASS presages Mr. Khatri's programs and consequently reduced waits for immigration benefits. However, there exists a tension between this vision and Congressional purpose in creating this Office. From Congress's point of view, the primary benefit of the Ombudsman's Office is to serve as a buffer between itself and constituents outraged at shoddy performance at DHS. Congress may not be overly concerned with immigration benefits delivery delays so long as the complaints end up at the Ombudsman's Office rather than straining limited Congressional staff. This may well require the Ombudsman's Office to use a people-intensive approach rather than a computer-intensive approach. Future appropriations bills will show how all this plays out.


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  • Two-volume set - 8 CFR Plus (USCIS) and 20/22/28 CFR Plus (DOL/DOS/DOJ)
  • Comparative Table - at-a-glance view of all changes in 2003-2004 for 8 CFR Sections (pre- and post- Homeland Security Act of 2002)
  • Standing - contains standing of precedent I&N adminstrative decisions based on subsequent I&N decisions and federal court decisions

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H-1B Visa Numbers, Flip-Flop On 7th Year H-1B Extensions, New Entry Policies, And Other Late Breaking Developments
Cyrus Mehta provides you with an update on the latest developments.

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3rd Circuit Rules For Employer In Religious Worker Case, References ILW.COM Document
In Camphill Soltane v. Ashcroft, No. 03-1626 (3rd Cir. Aug. 26, 2004), the court said that a preference visa determination under 8 USC 1153(b)(4) is not a discretionary decision of the Attorney General and said that to the extent that the AAO read 8 CFR 204.5(m)(2) as requiring that a religious occupation involved only religious functions, that interpretation was inconsistent with the text of the regulation. In dicta the court referenced a document available on ILW.COM.

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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:

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Readers are welcome to share their comments, email: (275-words or fewer preferred).

Dear Editor:
There is a typographical error on today's webpage and Immigration Daily email. Under section 3, the Asylum Resource Series, the country is Colombia not Columbia. I really enjoy reading the articles and information supplied by your website and emails and I thought that you would like to know about this error.

Sarah Peterson, Coordinator Asylee Outreach Project
c/o HIAS and Council Migration Service

Editor's Note: Thank you for pointing out our error. The typo has been corrected.

Dear Editor:
You featured an article on Asylum resources for "Columbia." I think it's spelled C-o-l-o-m-b-i-a. I just thought this was funny because I am a USC married to a Colombian, and I too thought it was spelled C-o-l-u-m-b-i-a, before he corrected the error of my ways. Maybe it was just a slip of the pen -- or the keyboard in this case. Other than that, I really enjoy the daily updates I get from ILW.COM. Very informative.

Rebekah L. Moses

Editor's Note: Thank you for pointing out our error. The typo has been corrected.

Dear Editor:
Here's my suggested ILW.COM tagline, "Immigration - the best is yet to come."

Margo Einsig, Immigration Paralegal
Barley Snyder

Dear Editor:
Folks: Sorry, but I couldn't resist. Here's a few ideas. "It ain't over til the alien wins", "If some is good, more is better".

Mark Krikorian

Dear Editor:
Here's a slogan suggestion, "IlW.COM: News of import for bringing the best the world has to offer". or something along that line...?


Dear Editor:
Your editorial of 8/27 refers once again to the "elephant in the room" analogy from which you continue to draw wrongful conclusions. This was previously fully addressed in a letter of 10/23/03. A vigorous deportation program, enforcing the existing laws as also suggested by Ali Alexander and others, is the proper, lawful and wise solution. It is misguiding and misinforming to suggest otherwise as the mass invasion/migration is already "visiting unprecedented harm upon American citizens". Anyone in their "right mind" can see that as long as we refuse to pursue these correct solutions and call them impossible, the invasion will continue and worsen. Arizona is starting down the right path in denying state benefits and voting privilege to illegals. This should also be done in other states and on the Federal level. Your continued, myopic views only obfuscates the problems and the real "obvious solution".

R. L. Ranger


Readers can share their professional announcements (75-words or less at no charge), email:

New Office
Baumann, DeSeve & Landau's Philadelphia, PA office has recently relocated to: 510 Walnut Street, Suite 1340, Philadelphia, PA 19106-3640. The Washington, D.C. office remains the same: 1645 Massachusetts Ave. NW, Suite 400, Washington, DC 20036.

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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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