Regulation Of Foreign Lawyers
An article appearing on law.com reports that the US has begun an initiative to persuade all 50 states to regulate foreign legal representatives, 24 states currently regulate foreign legal representatives. States that regulate foreign attorneys allow them to practice the law of their home country, while they are prohibited from giving legal advice on US law unless they have passed a state's bar exam. The US action is prompted by an effort to liberalize global trade in services and to avoid a backlash from foreign countries prohibiting US lawyers in retaliation. This issue may be of concern to US immigration lawyers if foreign countries prohibit them in retaliation. Regulation of foreign lawyers is expected to be addressed during the World Trade Organization's meeting in May 2005.
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Consular Processing Today: Visa Procedures, Security Clearances, And
ILW.COM is pleased to announce a new 3-part seminar series "Consular
Processing Today: Visa Procedures, Security Clearances, And Waivers". The
detailed curriculum is as follows:
FIRST Phone Session on February 28th: NIV Issues
Third Country National NIV applications in Canada and Mexico.
- Border Post review of who can apply and who cannot.
- Rationale for limitations on who cannot apply.
- Appointments always necessary.
- Can List of 26 and T-7 apply? At which posts can they apply?
- Is there a case for a TCN not applying in Canada or Mexico, if
eligible to do so?
- Border Post review of right to counsel at visa interviews.
- Circumstances under which an applicant not issued a visa at a border
post can return to the United States.
Home Country Visa Applications.
- Appointments almost always necessary. Check waiting times on DOS
Website and check consular post Website for details.
- Research post policies, personnel and local red flags.
- Why BCIS approved petitions (H, L, O, P) are not a promise of a
- Prepare the client for the interview and ensure visa applications are
completed accurately and completely.
- Documents applicant should bring to the interview.
- Personal Appearance Waivers.
- What to do when there is a glitch at the visa interview (Security
clearances; NCIC Checks and Hits in the Database-the applicant forgot about
the rest for pot or shoplifting 30 years ago; Petition Issues- Job
Inflation, Skills Tests, DOes the job exist and can the employer afford to
pay the wage.)
Special Visa Processing Issues.
- Considerations in Applying for a B-1/B-2 visa after BC/BP refuses
entry under the visa waiver program.
- What happens at the visa interview when an applicant subject to
NSEERS registration forgot to report to BC/BP upon departure or reported
but the computer indicates an NSEERS violation?
- Unlawful presence and 222(g) considerations.
SECOND Phone Session on March 16th: IV Issues
Considerations in Consular Processing.
- Risk that the applicant's visa and/or immigration history will risk a
delay or denial.
- Readjudication of labor certifications, visa petitions and
- qualifications of applicant.
Considerations in consular policies in processing employment-based
immigrant visas on the basis on an original notice of approval of the I-140
and consular acceptance of third country national immigrant visa cases, per
DOS Cable 180792, "Processing I-140 Petitions for Applicants Residing in
- The DOS cable encourage posts to accept third country national IV
cases, yet attorneys report few posts willing to help. What can be
- Processing an IV on the basis of an original notice of approval can
save years of waiting. What can attorneys do to increase consular
receptivity to such processing, particularly where there are no fraud
indicators (Cases with low/no fraud indicators.)
Considerations in family-based petition cases.
- Documents to file with the consular posts.
- When can principal alien's entitlement to LPR status be
readjudicated at the IV interview of the "following-to-join" spouse or
child? When may the IV issuance be properly delayed and for how long?
(Issue arises in Manila when principal alien adjusted status as a nurse;
Issue arises when principal alien adjusted status as an asylee or through
legalization; Issue arises when consular officer questions whether
principal alien in F2A (unmarried minor child) and F2B (unmarried, adult
son or daughter) cases is maintaining his/her principal place of residence
and domicile in the United States at the time of the interview.)
- When blood relationship questioned, may attorney insist on DNA test
and through what mechanism? Often, much time would be saved through DNA
testing, particularly when the alternatives are returning an approved
petition to BCIS and/or awaiting the outcome of a local investigation.
- Strategies to resolve relationship questions locally in lieu of
petition return to BCIS.
- I-864 issues (Whether petitioner "resides" in the United
Processing of an "Age-Out" Case.
Processing of a Child Status Protection Act (CSPA) Case.
"Portability of an approved alien labor certification and I-140" to
immigrant visa processing.
THIRD Phone Session on April 7th: Waiver Practice in Consular
Nonimmigrant Visa Waivers of Inadmissibility.
- General Issues
Procedures for requesting a 212(d)(3) waiver.
- Who is eligible for a 212(d)(3) waiver?
- Which grounds can be waived?
- Which grounds cannot be waived?
- The life of a waiver.
Processing Times and Procedures.
- Request made to consular officer after refusal.
- Consular officer can either recommend or refuse to recommend to
overseas DHS office that a waiver be granted.
- DHS has final authority to grant or deny waiver.
- Appeal Procedures if consular officers refuses to make favorable
recommendation and winning strategies.
Criteria considered in waiver request/approvals.
- When the waiver request must or may be sent to the Visa Office by
the consular officer.
Immigrant Visa Waivers of Inadmissibility
- Matter of Hranka-is it the beginning or end of the consular decision
- How big, how bad and how long ago was the prevarication?
- How long ago was the conviction and how serious was the crime?
- Evidence of reformation and remorse.
- Purpose of trip. Does life-saving medical treatment trump a trip to
- Consular officers are directed to apply a balancing test; weighing the
equities against the negative factors. How this works in practice.
- General Issues
Procedures for requesting a waiver.
- Who is eligible for a waiver?
- Which grounds can be waived?
- Which grounds cannot be waived?
Coming to America when a visa isn't issued.
- Form I-601 filed with consular officer for most grounds.
- Consular officer must forward I-601 to DHS office overseas for
- Fingerprints and G-325a often required.
- Send client to IV interview fully documented with respect to both
possible grounds of ineligibility and reasons why waiver should be
- General Issues
- Humanitarian Parole.
- Visa Waiver at port-of-entry.
- 212(d)(4) waiver at land border port of entry.
The deadline to sign up is Thursday, February 24th. For more info, detailed
curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/february2005.shtm. (Fax version: http://www.ilw.com/seminars/february2005.pdf.)
PERM: An Introduction
Lori S. Melton and Roxana C. Bacon write "If you are familiar with the proposed regulation however, you will be pleasantly surprised at the other changes in the final PERM regulation as most are favorable to employers."
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: http://www.ilw.com/seminars/
SEVIS Reporting Requirements Become Final Rule
The Department of State published a final rule in the Federal Register making final the reporting requirements under SEVIS.
Texas Bar Asks Office Of Attorney General For Consumer Education On PERM
The State Bar of Texas Committee on Laws relating to Immigration and Nationality requests assistance from the Office of Attorney General on educating consumers on PERM (courtesy of Paul Parsons).
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Help Wanted: Immigration Paralegal
Established boutique law firm in New York City seeks an experienced paralegal who desires to work from home, part-time. We specialize in O-1 and EB-1A in the arts and entertainment, with a selection of H-1, L-1 and family cases. The ideal candidate will:
1) have experience in our practice area, 2) have an interest and talent for organizing, excerpting and summarizing evidence in a lengthy submission letter (for O-1 and EB-1 cases), 3) be self-motivating, and will 4) work efficiently, timely and in an organized fashion. We communicate via emails and couriers. The candidate will augment our current team of telecommuting paralegals. We project 5-15 cases per month. The candidate must have necessary computer equipment, software and skills for this position. We pay
by the hour or per case. Please forward detailed resume, writing sample for EB-1A case, and two references to: firstname.lastname@example.org.
Consular Processing Services
Embassy Connection, LLC, a US based firm with a global network of in-country professionals is available to assist with NIV and IV processing worldwide. We schedule interview appointments, pay visa application fees, communicate any changes of local policies, help gather country-specific supporting documents, and provide on-the-ground comprehensive support in virtually every country. We offer simple fee structure and flexible billing options. Visit http://www.embassyconnection.com or call 1-888-476-2195 to learn more.
Help Wanted: Immigration Attorney
The Law Offices of Brian D. Lerner in Long Beach, CA, seeks an associate attorney with 2+ years deportation/removal immigration experience in a high volume, fast paced environment. Experience in the following is required: written motions to reopen, opening briefs to the BIA and other appellate agencies; Immigration Court experience (both master and individual hearings); familiarity with cancellation of removal, AOS, asylum, and CAT applications.; familiarity with law on aggravated felonies. Should know how to do bond redetermination hearings. Candidates must: make court appearances, handle large caseload with multiple deadlines, work hard, possess excellent research and writing skills. Duties include drafting points and authorities, briefs, appellate motions, appeals, attorney cover letters, etc. Must be aggressive and thrive in deadline driven environment. We offer competitive pay and benefits. Send resume + cover letter to: Brian D. Lerner at email@example.com.
Help Wanted: Immigration Paralegal
Small mid-town NYC Immigration law firm seeks an enthusiastic, ambitious, multi-tasker, team player with strong writing and verbal skills and experience and interest in immigration law who will "hit the ground running" to handle day-to-day operations, that includes administrative and legal functions. Candidate must be detail-oriented, manage case load independently, possess good organizational and computer skills and is tech savvy. We offer a competitive salary, casual environment, flex/full time and a chance to play a key role in an expanding practice. Send resume + salary requirements in confidence to Virginia Fling: firstname.lastname@example.org.
Labor Certification Advertising
Do you need to place information technology labor certification ads? If so, the IT Careers section of Computerworld, InfoWorld and Network World can help fulfill your requirements. Join hundreds of other law firms, employers and individuals that place their ads with us. We offer prompt, courteous service and will work with you to put together the most cost-effective advertising rates. The IT Careers' staff will tend to your needs from ad layout and design to immediately sending tear sheets once the ad is published. Let us help make this time-consuming task a little easier. For more information, contact Account Executive, Danielle Tetreault at 800-762-2977 or email@example.com
. Visit www.itcareers.com.
We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers are welcome to share their comments, email: firstname.lastname@example.org (300-words or fewer preferred).
In answer to the question posed by Liz (2/14/05 ID), "Who makes these immigration laws?", actually, it is the legislature that makes the laws in the US, but in reality it is much more complex. There are political favors to be asked and given, special interest groups, to be satisfied, both foreign and domestic. There is narrow-mindedness, prejudice and bigotry, religious activism, political ideology, racism, separatism, nationalism, and a host of other conflicting "isms" and ideas that make up a democratic republic. The US has laws that attempt to keep illegal immigration under control. Why? - because the lawmakers have decided that immigration should be controlled for the good of the nation. Nobody denies that there should be consequences for lawbreakers, not rewards, so why not consequences for immigration lawbreakers? Our legal system to one degree of another tolerates all kinds of lawbreakers - drug abusers, traffickers, drunk drivers, sex offenders, thieves, corporate graft, stock manipulation, price fixers, environmental irresponsibility, political dirty dealing -- much of which goes unpunished, or too lightly punished. When a society is as permissive as is the US, lawbreaking is as natural as a morning cup of coffee. It is interesting that Liz, a presumed lawbreaker most likely relying on INA 245(i), a law passed to benefit illegals and visa abusers, is "tired of waiting for the I-130 application", criticizing the very system of laws that enables her to enjoy the freedoms of the US, while awaiting her visa to become available, even writing to "her" congressmen. Any other country but the US would simply throw her out, or worse.
David D. Murray
Newport Beach, CA
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