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Immigration Daily


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Immigration Daily October 27, 2004
Previous Issues
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Adjustment Seminar Deadline Is Thursday, October 28th

Adjustment of Status is a critical, but often complicated and confusing area of immigration law practice. "Unraveling The Mysteries In Adjustment Of Status" is a 3-part telephonic seminar which will un-entangle some of the thorny issue in this immigration law sub-specialty. The highlights for each session are as follows:

  • FIRST Phone Session on October 29th: family adjustments, asylee adjustments, DV lottery winner adjustments, adjustment in removal proceedings
  • SECOND Phone Session on November 10th: employment-based adjustments, portability & concurrent filing issues
  • THIRD Phone Session on December 2nd: EAD & travel issues during adjustment
The deadline to register is Thursday, October 28th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Detailed Curriculum For "Unraveling The Mysteries In Adjustment Of Status"

The detailed curriculum for "Unraveling The Mysteries In Adjustment Of Status" is as follows:

FIRST Phone Session on October 29th


  • Understanding the 245(c) bars properly)
  • Exceptions for Immediate relatives
  • Adjustment in Preference cases - Nonimmigrants
  • V-visa Adjustments - Akhtar case
  • 245(i) discussion
  • CSPA impact
  • Understanding the cut-off date
  • Class Action Lawsuit - Ngwanyia case
  • EADs for approved asylees
  • Travel w/o Advance Parole
  • Travel to country of persecution
  • Knowing when to file
  • Mechanics of DV adjustment filings
  • FY deadline
  • 3/10 year bar issues
  • Renewing Denied I-485 Before the IJ
  • Filing new I-485; 245(i) grandfathering issues
  • Arriving Alien Issues
  • Advance Parole vs. other parole (e.g., deferred inspection or humanitarian parole)
  • Cancellation Adjustment for Arriving Aliens

SECOND Phone Session on November 10th:


  • Deciding between Adjustment vs. Consular processing
  • Reasons why to favor adjusting
  • Reasons why to favor Consular
  • Designating choice on I-140 - locked-in?
  • Prospect of visa number backlogs again

  • INA 204 (j) & the Yates Memo
  • When to notify CIS of the change in jobs
  • Gap in employment between jobs
  • What is "same or similar" ?
  • Cut in pay at new job?
  • New employer's ability to pay?
  • Firstland case
  • Portability & concurrent filing - impact of the Fujie Ohata memo dated 3/31/04
  • Portability and consular processing

THIRD Phone Session on December 2nd:


  • EAD extensions - timing
  • Maintaining nonimmigrant status
  • Advance Parole (General Rule) - 8 CFR 245.2(a)(4)(ii)(A) & (B)
  • Renewing Adv. Parole & Travel Limitations
  • Timing for Adv. Parole extensions
  • Exception for H-1B & L-1s and their dependents - 8 CFR 245.2(a)(4)(ii)(C)
  • May 25, 2000 memo on the rules for H-1Bs & L-1s
  • Common scenarios
  • Advance Parole & portability cases
The deadline to register is Thursday, October 28th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


J-1 Legislative Update
Gregory Siskind writes "Congress is very close to passing a physician immigration bill that will make a number of improvements to the current system for J-1 waiver processing."

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:


V-2 Age-Out Provisions Of 8 CFR 214.15(g) Are Invalid
In Akhtar v. Burzynski, No. 02-57037 (9th Cir. Oct. 5, 2004), the court invalidated the age-out provisions of 8 CFR 214.15(g) concerning V2 visas and said that the age-out provisions were contrary to congressional intent and frustrated congressional policy.

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 Paralegal
Levine & Associates, an immigration firm in the Ballston Section of Northern, Virginia seeks self-motivated, independent and productive paralegal with 3+ years of relevant experience. Salary based on experience and ability. Fluency in Spanish is desired but not essential. Practice involves family-based and employment-based petitions. Paralegal will have oppportunity to work under supervision of two attorneys, including the senior partner. Collegial, open office with a professional "family" atmosphere. Benefits include: free parking, medical insurance participation, and 16 days off per year. Ideal position for the clerically accurate, people-oriented, intelligent individual. Flexibility a must. Fax resume to Aaron Passon at: 703-527-4473.

Help Wanted: Immigration Attorney
Do you want to join a winning team? Are you energized by challenging opportunities in immigration law? If so, read on: Paparelli & Partners LLP, an internationally prominent, well-established West Coast immigration law firm with a focus on employment-based immigration seeks an experienced immigration attorney who is a self-starter and a team player for its new Manhattan office opening in January 2005. The successful candidate has (1) 3+ years of substantial experience in employment-based immigration (family-based immigration, deportation-defense and the immigration consequences of criminal convictions all a plus), (2) excellent writing, communication, technology and people skills; (3) NY state bar membership; (4) verifiable references and high ethical standards; (5) a track record in motivating, managing and leading immigration paralegals; (6) proven talents in marketing and business origination; (7) a passion for immigration law and for helping people; and (8) a desire to work with a diverse and top quality team who mirror excellence in client service and dedication to advancing the field of immigration law. If you have a drive to succeed and meet our requirements, then send your resume and letter describing your interest, qualifications, financial requirements and career goals in strict confidence to

Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume and cover letter to Ms. Michele A. Buchanan, Esq. at Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Attorneys
Berry Appleman & Leiden LLP, a global corporate immigration law firm, seeks Associate Attorneys with 3+ (Senior Associates with 5+) years of business immigration experience for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice with advanced practice tools and a state-of-the-art case management system. Experience in a range of business immigration matters, ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to or by fax to 415-391-1642.

Help Wanted: Immigration Attorney
Rifkin & Fox-Isicoff, P.A., an A-V rated Miami-based immigration law firm seeks bilingual (English/Spanish) attorney with 2-5 years experience in areas of immigration litigation and family based and employment based immigrant visa processing. Salary commensurate with experience. Excellent benefits. Send your resume only by e-mail/fax to Caridad Anton, Administrator, Rifkin & Fox-Isicoff, P.A. 1110 Brickell Avenue, #210, Miami, FL 33131 Fax (305) 375-9517 e-mail

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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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