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Immigration Daily April 5, 2005
Previous Issues
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Comment

Hispanic Vote Up For Grabs

Recent results of data analysis performed by Polidata on the 2004 Presidential elections provides insight into the Hispanic vote. According to a Wall Street Journal op-ed, Polidata's findings tend to confirm exit polls that showed George W. Bush gaining nine percentage points among Hispanic voters, ending up with some 44%. Examination of Texas, California, and Florida, three states with many Hispanic House members confirms that President Bush made strong gains in predominantly Hispanic districts. The Hispanic vote is clearly competitive and both the GOP and the Democrats are well positioned to seek it. It is not clear how important liberal immigration policies are to winning the Hispanic vote but common sense suggests that expanded immigration policy would play a role in gaining the Hispanic vote. All this will come to bear in policy very soon as the REAL ID/legalization issues are debated by politicians in DC.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Deadline For Consular Processing Seminar Is Tuesday, April 5th

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: http://www.ilw.com/seminars/february2005.shtm. (Fax version: http://www.ilw.com/seminars/february2005.pdf.)


Article

The "RFE Memo" Is Rescinded, Re-Drafted And Re-Issued
Romulo E. Guevara writes "In a surprising, yet welcomed action, William R. Yates, USCIS Associate Director of Operations has acceded to the pressures from the immigration bar and the public and rescinded the controversial "RFE Memo" he issued on May 4, 2004."


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News

180-Day Time Limitation Can Be Equitably Tolled
In Borges v. Gonzales, No. 04-1835 (3rd Cir. Feb. 8, 2005), the court said that the 180-day time limitation to filing a motion to re-open an in absentia removal order was analogous to a statute of limitations and could be equitably tolled.


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Classifieds

Help Wanted: Immigration Paralegal
Fragomen, Del Rey, Bernsen & Loewy (FDBL) seeks to hire an experienced paralegal for its Washington D.C. office. FDBL offers a career position requiring a wide range of skills in a fast-paced setting for the right candidate. Our ideal candidate has 2-5 years experience with all aspects of business immigration and will have the benefit of attorney supervision and guidance. Responsibilities include: preparation of all types of IV petitions, labor certifications (RIR, traditional and PERM), AOS and consular processing applications, and preparation of all types NIV petitions (particularly Hs, Ls, TNs, and Os). Paralegal 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. FDBL offers a comprehensive compensation package. Fax resume + cover letter to Allison Bettridge, Human Resources/Office Manager, at 202-371-2898. For more information, contact Ms. Bettridge at 202-223-5515. FDBL is an equal opportunity employer.

Help Wanted: Immigration Attorneys
Berry, Appleman & Leiden LLP, a global corporate immigration law firm, is seeking attorneys with a minimum of three years of business immigration experience for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice and utilize carefully developed procedures, advanced practice tools, and a state-of-the-art case management system. Experience in a range of business immigration matters, the 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 careers@usabal.com or by fax to 415-217-4426.

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: mneedleman@levittandneedleman.com.

Credential Evaluation And Translation Service
Here are (5) reasons why you should consider a switch to a new foreign credential evaluation company: (1) Free initial consultations: unlike our competitors, if your client's documentation does not equate to a Bachelor's degree, we will let you know immediately and for no charge. (2) Immediate response: You'll receive an instant e-mail alert when we receive your documentation, ensuring that cases don't fall through the cracks like they do at "other" credential evaluation companies. (3) Same-day service: In a hurry? If you need your client's evaluation back in one day, we will gladly deliver. (4) Certified translations: we provide certified translations in 100+ languages. (5) PhD professors: our work experience and 'expert opinion' position evaluations are completed by PhD university professors with authority to grant college-level credit for training and/or work experience. For a credential evaluation and translation services application, contact AETS at (786) 276-8190 or info@aetsinternational.com or visit http://www.aetsinternational.com.

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: legaljobsearch@gmail.com 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: LawofficesofJD@aol.com. All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Offshore Services For Law Firms
We assist immigration attorneys in NIV and IVs, including checklists, form completion, draft cover & employer letters, consular processing assistance, follow-up/correspondence with clients and other related services. We offer a full range of services including document generation, accounts, clerical & archival. Quantum Technologies is a sister company to Adnet Advertising Agency, the leader in immigration advertising services for over a decade. Headquartered in New York City, Quantum provides the highest quality services to law firms. Law firms can cost effectively and securely outsource law firm processes, and focus on increasing earning, growth and servicing their clients. We work as your partner offering tailored services that accelerate product delivery. With state-of-the-art communication facilities and infrastructure, our offsite center functions as virtual extensions of your offices providing 24 x 7 support and significant cost savings. Convenient billing options available. For more info. contact Johaina Mumtaz at Johaina@quantum-usa.com or call 212 406 3503 ext 224.

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: abogadalatina@aol.com.. All replies will be treated in the strictest confidence and references will not be contacted without prior approval.

Immigration Law Conference
The Center for Migration Studies and Fordham Law School are pleased to present the 28th National Legal Conference on Immigration and Refugee Policy. Conducted in collaboration with Catholic Legal Immigration Network, it will take place April 25th-26th in NYC. Sessions will include: (1) using technology to improve both service and security; (2) impact that security checks and backlogs have had on assorted industries (3)impact on civil rights and liberties for immigrants post-9/11 (4) human rights and asylum developments (5) emerging issues in employment-based immigration (6) workplace enforcement issues and (7) prospects for immigration reform. Sponsors will also conduct two special alternative programs: (1) what groups are doing now to advocate and prepare for immigration reform (2) implementation of PERM. The conference will feature a panel of distinguished speakers. For conference program details, including speakers, see http://www.cmsny.org/announcement.htm#CONFERENCE%20PROGRAM. To register, see: http://www.cmsny.org/registration-form.htm. Up to 11.5 professional practice CLE credits available for non-transitional CLE Program. Visit http://law.fordham.edu/cle.htm to learn more about CLE credit and obtaining financial hardship relief.

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Letters

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

Dear Editor:
Am a permanent resident since 2003 and I got married in Dec. 2004 outside the US. My wife was denied a visa even to visit me, the reason being that she is likely not to return. I wish they waive such conditions that deny the married couples the right of being together.

Kihoromk

Dear Editor:
On March 28, 2005, USCIS confirmed that they had approved 10,000 more H-1B cap-subject petitions in FY 2005 than the 65,000 permitted by law. If this is true, notwithstanding all the good work the CIS under the competent leadership of Eduardo Aguirre has been doing in streamlining the broken immigration system, USCIS has once again blundered badly, and it appears the victims will be the potential beneficiaries of the masters cap. Yes, quite a pickle the CIS is in, with the only losers being H-1B employers and expectant aliens. By law, CIS was supposed to begin accepting Masters Cap petitions on March 8, 2005 - many employers and aliens relied on this. But notwithstanding the mandate of congress, CIS has once again arbitrarily decided not to follow the law, and instead of following it, has announced they will not accept the Masters Cap petitions until after they have issued a notice in the Federal Register, and even then, that they intend to open the filing to all H-1B petitioners - once again a case of the CIS Tail wagging the Congressional Dog. Obviously, CIS is in a quandary as to what to do about their violation of the H-1B cap, and their violation of the Masters Cap legislation, not to mention that although they had more than three months' advance notice, the new I-129 forms that speak to the issues raised by the Masters Cap were not available until well after March 8th. Will CIS now attempt to debit their erroneous 10,000 H-1B's from the Masters Cap? Will they open the Masters Cap to all takers? Can they legally do this? Perhaps some energetic immigration lawyer should file a Writ of Mandamus with the Federal Court and take CIS to task on this important issue.

David D. Murray, Esq.
Newport Beach, CA


comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

Honors/Awards
John Nechman of Houston law firm of Nechman, Simoneaux, and Frye, PLLC is pleased to announce that he received the 2005 John Walzel Political Equality Award for his work in Houston and around the country on behalf of the New York City-based organization Immigration Equality, which he co-chairs. Immigration Equality is the nationís only organization dedicated to achieving equality in American immigration laws for gay, lesbian, bisexual, transgender, and HIV-positive immigrants. [corrected Ed. 4/05/05]


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 editor@ilw.com. 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


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