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Immigration Daily March 14, 2005
Previous Issues
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Patriot Act And REAL ID

Edgar Steele, who prides himself as "exceedingly politically incorrect" and the author of "Defensive Racism" which he styles as "an unapologetic examination of racial differences", would appear to be an unlikely exhibit against the REAL ID bill. Listen to what Mr. Steele has to say about the Patriot Act, which, nota bene, was widely praised by the anti-immigrationists - Mr. Steele calls it "draconian and woefully-misnamed". Many, though by no means all, of the anti-immigrationists, privately consider immigrants as unsuitable to join American culture because of their race. They may want to learn from Mr. Steele. Anti-immigrationists may well feel that the brunt of the severe provisions of the REAL ID bill will fall on undocumented aliens. The reality may well be that the wrath of REAL ID's tyranny will fall on anti-immigrationists too. When the civil liberties of any human being in America are diminished, all Americans lose (whether those in America are documented or undocumented will not affect this truth). Perhaps the real reason that the anti-immigrationists are raising such a ruckus over the REAL ID bill is that they know that a large guestworker/legalization program will likely succeed in this Congress. The immigration law community is waiting.

We welcome readers to share their opinion and ideas with us by writing to


Deadline Is Monday, March 14th

Monday, March 14th is the deadline to register for the Immigrant Visa issues in Consular Processing Today seminar. The curriculum is as follows:

Considerations in Consular Processing.

  1. Unlawful Presence.
  2. Risk that the applicant's visa and/or immigration history will risk a delay or denial.
  3. 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 U.S."

  1. The DOS cable encourage posts to accept third country national IV cases, yet attorneys report few posts willing to help. What can be done?
  2. 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.)
"Following-to-join" issues.
  1. Documents to file with the consular posts.
  2. 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.)
Considerations in family-based petition cases.
  1. 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.
  2. Strategies to resolve relationship questions locally in lieu of petition return to BCIS.
  3. I-864 issues (Whether petitioner "resides" in the United States.)

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.

The deadline to register is Monday, March 14th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


Security And Sanctuary
Jerome Teller and Leonard Glickman of HIAS write "Can we find a balance that will keep us safe from terror while still welcoming immigrants, refugees and visitors to our shores? We believe we can."

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:


CRS Report On REAL ID Legislation
The Congressional Research Service issued a report analyzing the major provisions of H.R. 418, the REAL ID bill.

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Immigration Law Conference
The Midwest Legal Immigration Project presents its 6th Annual Basic Immigration Law Training, an intensive 1-week seminar, May 16-20, 2005 in Des Moines, Iowa. Seminar covers: family immigration, deportation, asylum, relief from removal, employment, immigration benefits (registry, family unity, NACARA, VAWA, and temporary protected status), fiancee visas, consular visa processing, immigration court representation, preparation of waivers, criminal convictions, obtaining and posting bond, mandatory detention, and working with Congressional offices. Ideal for both non-profit personnel & for-profit private attorneys. Provides skills and know-how to begin a basic immigration legal practice and serve immigrant clientele with confidence on both law + procedure. Seminar will assist private attorneys in starting niche practice in high-growth areas. Attorneys dabbling in immigration law can increase both knowledge and range of competence for their immigrant clients. Tuition cost: private attorneys =$1,500; non-profit personnel= $1,000. 37 immigration CLE credits + 2.75 ethics CLE credits approved. For more info. or to register, call (515)-271-5730, email; or visit

Help Wanted: Immigration Paralegal
As one of the largest nonprofit hospitals in the western US, Cedars-Sinai has combined expertise, technology, research and caring to create the gold standard of excellence in health care. We currently seek an experienced HR professional to assume the role of academic services specialist responsible primarily for immigration, visa and licensure services for the academic community and the institution. Ensure compliance with state and federal regulatory stds related to immigration/visa services. Ensure appropriate processes in Medical Board of California licensure standards. Acts as resource for faculty, academic staff, and employees with matters related to immigration/visa services. Provide assistance in faculty recruitment and contracting, EEO reporting and other systems and processes that may be assigned. Requirements: College education or the equivalent in experience; Paralegal certification preferred but not required; Progressive background and experience in full range of immigration and visa services necessary; Knowledge of Medical Board of California licensure processes. Include Job# EW-ILW/1041009 when submitting cover letter + resume to Nancy Ishioka: Position is based in Los Angeles, CA. Cedars-Sinai welcomes and encourages diversity in the workplace. AA/EOE.

Help Wanted: Immigration Paralegal
Fast-paced, nationally recognized immigration law firm in Washington, D.C., seeks highly motivated, detail-oriented individual for business immigration paralegal position. Strong organizational, writing, & interpersonal skills required. Prior business immigration experience a plus, but not required. Great oppty. for individuals interested in challenging, exciting work dealing with int'l clientele with excellent career advancement possibilities. Excellent work environment, competitive salary/benefits. Visit Send resume, salary requirements, & references to Noel Adams: No calls please.

Help Wanted: Immigration Attorney
MacDonald Hoague & Bayless seeks a full-time associate attorney for a business immigration position to join its 16 lawyer Seattle-based firm. The caseload will primarily consist of labor certifications and other immigrant visa related matters for corporate clients. Position requires excellent organizational, analytical and writing skills. Two years of prior business immigration experience required. We offer a quality work environment, excellent benefits and a tradition of legal activism. Email resume + writing sample to Tara Binge: Applications accepted until April 15, 2005.

Labor Certification Advertising/Recruitment
We are a private employment firm for PERM recruitment. We are a fully qualified placement agency that will provide private employment firm services for PERM recruitment for professionals. We provide a test of the job market for any professional position in any field. The employer or agent will pay a one time flat fee and we will recruit for the employer as part of our normal placement agency services. The employer can choose to have Placement Services USA sort and interview any qualified candidates or simply select to have all collected resumes from a particular position posting forwarded directly to the employer or agent. We will provide both a signed letter and hard copy print out from our job listings website to confirm the recruitment efforts for your files - all of our services above apply only to our private employment firm services. There is no obligation or additional fee involved if the employer does not hire a Placement Services USA candidate. We can have your private employment firm needs fulfilled in an easy, expeditious and courteous manner. The position can be added to our private employment firm campaign and website in a matter of hours. Contact us to get started today at (ph) 310-820-7469, (fax) 310-820-7648 or (email)

Credential Evaluation And Translation Service
Why should you choose Silvergate Evaluations? We have a special ILW.COM offer for first-time clients -receive 50% off our already low fees for your first academic or work experience evaluation when you mention this ad. We offer the full spectrum of evaluation services, including academic evaluations, work experience evaluations, combined academic and work experience evaluations, expert opinion letters, and translations. Our evaluators are all Ph.D university professors who are authorized to grant credit at accredited US universities and are routinely accepted by USCIS and DOL, universities, and other institutions. We offer some of the lowest prices and processing times in the industry. Academic evaluations are $80 and work experience evaluations are $200, both with a 3 business day processing time. Next day and same day service also available. We are committed to client satisfaction. If you have a request regarding an evaluation that has already been completed and sent to you, it will be handled within hours, not days, and without an extra fee. We offer free preliminary assessments so that you avoid paying for unnecessary equivalencies. Visit, email, call 410.358.3588, or fax documents to 410.358.1167. See for yourself why everyone is choosing Silvergate.

Immigration Law Conference
Save The Dates - April 25-26, 2005. The CMS-Fordham 28th National Legal Conference on Immigration and Refugee Policy. Sponsored by the Center for Migration Studies (CMS) and the Fordham Law School, in Collaboration with the Catholic Legal Immigration Network, Inc. (CLINIC) Program. Location: The Fordham Law School, New York, New York. Topics will include: Is Big Brother watching: using technology to improve both security and service, the impact that security checks and delays are having on artists, entertainers, schools and businesses, civil liberties and rights for nonimmigrants in the brave new post 9-11 world, international human rights developments related to migration, emerging issues in business immigration, workplace enforcement issues in the twenty-first century, prospects for immigration reform in the 109th Congress, plus 2 special programs: getting ready for legalization and getting ready for PERM: a nuts and bolts overview. Representatives from the government, nongovernmental organizations and private practice have been invited. For additional information, please go to

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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
It is also unreasonable to expect DMV personnel to be able to authenticate the various documents each state allows as proof of residency, including the assorted driver's licenses from the 50 states. The simple answer to a skeptical observer's letter (3/11/05 ID): that's what states have appeals processes for. When mistakes are made in not issuing a license to someone who is legally entitled to have one, that can be rectified without general harm. However, when licenses are issued to people who shouldn't have them, they can have disastrous consequences. We have had illegal alien truck drivers who got licenses under false pretenses to carry hazardous materials, or who were in deadly accidents because they hadn't received proper training. We have criminals of all sorts, from people with suspended licenses to those with criminal records, who get multiple licenses under fake names to avoid detection. As a statistician and a human being, in this instance I favor the course of action that does the least harm: inconveniencing some legal residents versus allowing people who simply shouldn't have licenses to have them.

Ali Alexander

Dear Editor:
There is a billboard in Las Vegas on a major highway that says "Stop Immigration". It is causing some controversy between those who support it and those that do not.



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Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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