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Immigration Daily

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Immigration Daily March 30, 2005
Previous Issues
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Undocumented Victims Of 9/11

According to a New York Daily News report, 15 immigrants who fled the World Trade Center 9/11 attacks have been denied U-visa certification from the NY Police Department. The U visa grants people without legal status temporary relief if they can prove they have suffered substantial physical or mental harm in a crime. The NYPD maintains the issue is outside its jurisdiction and that only the FBI is authorized to issue such certifications, despite the fact that NYPD has issued U-visa certifications in the past. Although unintended for 9/11, three U visa cases have already been adjudicated for 9/11 victims, according to the Daily News article.

The runaround given to these individuals is shameful. These undocumented individuals were the victims of 9/11 and are being victimized again because of their undocumented status. The exact form of relief, U or otherwise, is certainly debatable. What we believe to be beyond debate is that some immigration relief is clearly warranted for the undocumented victims of 9/11. Those targeted by terrorists on 9/11 were targeted because they were Americans, al Qaeda did not and does not distinguish between documented and undocumented Americans. We are all in this war together and Congress should speedily fashion the appropriate relief for these unfortunate victims.

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


Consular Processing Seminar

Tuesday, April 5th is the deadline to register for the Waiver Practice in Consular Processing seminar. The curriculum is as follows:

Nonimmigrant Visa Waivers of Inadmissibility.

  1. General Issues
    • Who is eligible for a 212(d)(3) waiver?
    • Which grounds can be waived?
    • Which grounds cannot be waived?
    • The life of a waiver.
  2. Procedures for requesting a 212(d)(3) waiver.
    • 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.
  3. Processing Times and Procedures.
    • When the waiver request must or may be sent to the Visa Office by the consular officer.
  4. Criteria considered in waiver request/approvals.
    • Matter of Hranka-is it the beginning or end of the consular decision making process?
    • 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 Disneyland?
    • Consular officers are directed to apply a balancing test; weighing the equities against the negative factors. How this works in practice.
Immigrant Visa Waivers of Inadmissibility
  1. General Issues
    • Who is eligible for a waiver?
    • Which grounds can be waived?
    • Which grounds cannot be waived?
  2. Procedures for requesting a waiver.
    • Form I-601 filed with consular officer for most grounds.
    • Consular officer must forward I-601 to DHS office overseas for adjudication.
    • 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 granted.
Coming to America when a visa isn't issued.
  1. General Issues
    • Humanitarian Parole.
    • Visa Waiver at port-of-entry.
    • 212(d)(4) waiver at land border port of entry.

The deadline to register is Tuesday, April 5th. For more info, including speaker bios, detailed curriculum, and registration information, please see: (Fax version:


United States Technological Superiority And The Losses From Migration
Donald R. Davis and David E. Weinstein for the Center for Immigration Studies write "Our findings show that immigration creates a net loss for natives of nearly $70 billion annually."

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Valid Citizenship Claim Through Mother Despite Lack Of Blood Relationship
In Solis-Espinoza v. Gonzales, No. 03-70625 (9th Cir. Mar. 23, 2005), the court noting that prior precedent said that derivative citizenship in wedlock could occur through the US citizen father even if the birth mother was not married to the biological father, said that similiarly derivative citizenship in wedlock could occur through the US citizen mother even if the mother was not the birth mother, since the child was legitimate under applicable state law.

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
13-person midtown NYC immigration law firm seeks paralegal with 5+ yrs. of exp. with business immigration applications, nonimmigrant and immigrant. Experienced with other application types (family, naturalization, etc.. is a plus). Ideal candidate must have BA degree, excellent organizational, case management and computer skills. Must have excellent English and Spanish verbal and written skills. Should have fully developed paralegal skills in this area including ability and desire to serve as a resource/trainer to junior paralegals. Working hrs 9-6pm or 9:30-6:30pm with 1 hr. lunch and overtime as needed. Competitive compensation package offered. Email cover letter + resume to Marcia Needleman:

Help Wanted: Immigration Paralegal
Immigration law firm seeks immigration paralegal/legal assistant with 2+ years of experience in employment-based IV, NIV, family-based IV, naturalization, adjustment of status, and consular processing. Position based in Montgomery County, MD. College degree or paralegal certificate preferred. Significant work experience considered in place of formal education. Superior analytical, organizational, and communication skills. Proficient in word processing, spreadsheet, and immigration forms applications. Heavy client contact, legal research, and immigration petitions. Excellent salary/benefits package. Send resume + salary requirements to: or fax: 301-468-0751.

Help Wanted: Immigration Attorney
The Law Offices of Jessica Dominguez has immediate opportunity for an immigration attorney to work on a wide range of cases in a diverse, full-service immigration law practice based in Sherman Oaks, CA. Attorney will represent clients before immigration officers and in immigration courts including employment-based IV, NIV, family-based IV, and naturalization. Excellent legal research/writing and outstanding communication skills needed. Ideal candidate has 2-4 years of experience -exceptional, motivated candidates with less experience are also encouraged to apply. Candidate shows initiative and works independently. Spanish language a plus. Great office environment and wonderful clients. Send cover letter, and resume to Jessica Dominguez: All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Help Wanted: Immigration Paralegals
The Law Offices of Jessica Dominguez has an immediate opportunity for two experienced paralegals, with experience in family-based immigration visas and/or business visas for its law offices based in Sherman Oaks, CA. Must have experience in the following: non-immigrant, work-related visas, including H-1Bs, and L-1s, labor certifications, and consular processing. Spanish a plus. Must have excellent organizational, written, computer, and verbal skills, and possess the ability to work with minimum supervision. We offer a friendly office environment and wonderful clients. Please e-mail cover letter and resume to Jessica Dominguez: All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Help Wanted: Immigration Attorney
Mitchell C. Zwaik & Associates, a growing broad-based immigration firm in Suffolk County, New York seeks 1-2 associates for immediate opening. Must have excellent research, writing & case management skills and at least 1-3 years experience in either litigation/appeals (EOIR, BIA, mandamus, petitions for review) or business immigration (labor cert., H-1B, L-1A, E-2). Some Saturday work required. Send cover letter with salary requirements, resume and writing sample to Mitchell Zwaik:

Help Wanted: Immigration Paralegal
Grotta, Glassman & Hoffman, P.A. seeks an experienced full-time immigration paralegal sought for a high volume, fast-paced corporate immigration practice in Roseland, NJ. 2+ years of experience preferred in preparation of employment-related USCIS/DOL filings (all components, including supporting statements), such as non-immigrant employment petitions, immigrant visa applications, and/or permanent residency applications. Must be detail-oriented with excellent writing, communication, organizational, and computer skills. Send resume + cover letter describing your interest, qualifications, and financial requirements in strict confidence to Alexandra Carvalho at: or fax: 973-992-9125. EOE.

Help Wanted: Immigration Attorney
Nationally recognized Washington D.C. immigration firm seeks an outstanding, experienced immigration attorney who thrives on and has extensive experience successfully handling various types of immigration cases, from corporate to deportation and much of what is in between, to grow with our firm in a congenial, fast-paced and supportive environment with thirty + immigration professionals, all strongly committed to legal excellence and the highest level of client service. Please e-mail your statement of interest describing your immigration experience, professional goals, salary requirements, and a writing sample to Michael Maggio: To learn about us, visit No calls please.

Help Wanted: Immigration Attorney
Dunbar, Harder & Benson, LLP, an immigration law firm, located in the Galleria area of Houston, Texas has an immediate opportunity for an experienced immigration attorney. Experience must include business immigration cases in NIV and IV matters including labor certifications, all nonimmigrant categories, adjustment of status, consular processing, NIW, extraordinary ability, multi-national and researcher petitions as well as family-based & naturalization. Must have in-depth knowledge of law & procedure, excellent writing, communication and organizational skills. Texas Bar required. Salary commensurate with experience. Please email resume, writing sample and salary requirements to Bonnie Lampton:

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 more information and to register, please go to

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

Dear Editor:
Is it only me or is it the same for everybody? The Perm form is not fillable-ready (3/29/05 ID commen). You have to make the field in every line to be able to fill it out. Does this make sense or what? I must be wrong or am I? If I am not the only one who have to create each fiel to fill it out, add each click that thousands of practitioners have to do to finish a task. This cannot be true.


Dear Editor:
As usual, I can not access your Immigration Daily link for Charles Wheeler's article entitled "No Age-Out For V-2s And V-3s" (3/29/05 ID). Going to the source, cliniclegal, was not productive either.

Robert Mullins

Editor's Note: We checked the link for "No Age-Out For V-2s And V-3s" both at the time of production yesterday and today and it works fine. Depending on the email software that you are using, you may need to cut and paste the URL into your browser.

Dear Editor:
Steve Landess's letter (3/29/05 ID) claims to be amused by my objection to the outsourcing of legal work (3/28/05 ID). His letter is foolishly oblivious to my motives. I have no concern whatsoever about competition. My concern is the protection of foreigners applying for US immigration benefits. If Mr. Landess's letter implies all lawyers are solely motivated by money, his letter is amusingly lacking in experience of the world. Of course, fighting outsourcing does also protect American jobs, an obvious point his letter oddly missed.

Bruce A. Hake, Esq.
Damascus, Maryland

Dear Editor:
I recently took the exam to become a notary, and a few questions made reference to an" immigration consultant". That being said, I have been casually following, but intensely listening to actor Angelina Jolie talk about her many travels, the injustices she has witnessed around the world, and the bill that she is trying to have passed to ensure the fact that no refugee, especially children will have to made an appearance in immigration court without legal counsel, and representation. At that point in time I knew exactly which direction I was going to take on my journey, and with my life. I want to work as an immigration consultant. I always feel better about myself when I'm during something for someone else. This is vitally important to me, for in 2002, I was diagnosed with 2 primary cancers, leukemia and lung cancer, however, this is just a small part of a much larger, even more miraculous story that is still unfolding. I'm having a difficult time obtaining any information on, or about this position, or profession. I've searched online, and offfline. I would appreciate any information that you could provide.

Beija Abrante

Dear Editor:
I am a very old member of ILW.COM's discussion board but in the last month Epiclaughter made a big mess on the ILW.COM discussion board. When we didn't get any response from you, I had to make an id Epicb@stard to shut him down. Sorry for making another ID but I want to see the board return to its previous condition. We discuss here immigration problems and try to help others if we can. So please ban such users as Epiclaughter and you can ban my ID also epicb@stard which was created to bring peace on ILW.COM's discussion board. Thank you and hope to hear from you soon.


Editor's Note: The discussion board has from time to time suffered from inappropriate conduct. In the past, we have dealt with it by banning the offenders. It has become clear to us that the discussion board will need to be moderated. We expect to accomplish that in the short term and hope that this will resolve your concerns.


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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. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman